Restore Public Trust Act - Amends the Lobbying Disclosure Act of 1995 to: (1) apply mandatory lobbyist registration, reporting, disclosure and enforcement, and identification of clients and covered officials requirements to a political intelligence consultant who first makes a political intelligence contact; (2) define "political intelligence activities" as political intelligence contacts and efforts in support of such contacts, including preparation and planning activities, research, and other background work that is intended for use in contacts, and coordination with such contacts and efforts of others; and (3) require the Comptroller General to audit annually and report on compliance with that Act by political intelligence firms and consultants.
Amends the federal criminal code to: (1) modify general venue rules for criminal prosecutions to allow prosecutions in any district in which an act in furtherance of an offense is committed; (2) reduce from $5,000 to $1,000 the threshold amount for theft or bribery involving federally-assisted programs and increase the maximum prison term for such offenses from 10 to 20 years; and (3) increase the maximum term of imprisonment for theft and embezzlement of federal money, property, or records from 10 to 15 years.
Modifies elements relating to the crime of bribery of public officials and witnesses. Expands the definition of "official act" to include: (1) any conduct that falls within the range of official duty of a public official; and (2) a single act, more than one act, or a course of conduct. Defines a "rule or regulation" for the purposes of such provisions as a federal regulation or a rule of the House of Representatives or the Senate, including rules and regulations governing the acceptance of gifts and campaign contributions. Prohibits: (1) anyone from knowingly giving, offering, or promising any things of value with an aggregate value of $1,000 or more to any public official for or because of the official's position; and (2) any such official from knowingly demanding, seeking, receiving, or accepting any things with an aggregate value of $1,000 or more for or because of the official's position.
Directs the United States Sentencing Commission to review and amend its guidelines and policy statements relating to public corruption offenses to reflect the intent of Congress that penalties for such offenses meet specified requirements, including that they: (1) reflect the serious nature of the offenses, the incidence of such offenses, and the need for an effective deterrent; and (2) account for the harm to the public and the amount of any resulting loss, the level of sophistication and planning involved, whether the offense was committed for purposes of commercial advantage or private financial benefit, whether the defendant acted with intent to cause physical or property harm, the extent to which the offense represented an abuse of trust by the offender and was committed in a manner that undermined public confidence in government, and whether the violation created a threat to public health or safety, injury to any person, or death.
Establishes a six-year limitation period for the prosecution of public corruption crimes involving bribery, extortion, theft of government property, mail fraud, and racketeering.
Increases to five years the maximum term of imprisonment for: (1) solicitation by federal officers and employees of political contributions from other federal officers and employees, (2) intimidation to secure political contributions, (3) solicitation and acceptance of contributions in federal offices, and (4) coercion of political activity by federal employees. Increases to three years the maximum term of imprisonment for: (1) promise of employment made possible by an act of Congress for political activity, and (2) deprivation of such employment for political activity.
Includes as predicates for wiretaps: (1) embezzlement or theft of government money, property, or records; (2) theft or bribery concerning programs receiving federal funds; and (3) major fraud against the United States.
Expands the types of perjury and obstruction of justice offenses for which venue lies in the district in which the official proceeding was intended to be affected or in which the conduct constituting the alleged offense occurred.
Amends the federal criminal code to include as a prohibited "scheme or artifice to defraud" any scheme or artifice by a public official to engage in undisclosed self-dealing. Defines "undisclosed self-dealing" to mean that: (1) a public official performs an official act for the purpose of furthering or benefitting a financial interest of such official, a spouse, minor child, or business partner, or other individuals, businesses, or organizations with which such official has a specified interest or connection; and (2) an official knowingly falsifies, conceals, or covers up material information required to be disclosed by any federal, state, or local law or regulation or knowingly fails to disclose material information as required.
Amends the federal judicial code to permit the disclosure of information regarding a potential criminal offense by a judge to the Attorney General, a grand jury, or law enforcement agents.
Allows the Deputy Attorney General, Assistant Attorney General, or Attorney General (in addition to the U.S. Attorney) to certify to the district court that an appeal from a district court's decision suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding is not taken for the purpose of delay and that the evidence is a substantial proof of a material fact in the proceeding.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4054 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4054
To amend the Lobbying Disclosure Act of 1995 to require the disclosure
of political intelligence activities, to amend title 18, United States
Code, to enhance the prosecution of public corruption, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 16, 2012
Mr. Walz of Minnesota (for himself, Ms. Slaughter, and Mr. Quigley)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the Lobbying Disclosure Act of 1995 to require the disclosure
of political intelligence activities, to amend title 18, United States
Code, to enhance the prosecution of public corruption, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Restore Public Trust Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of Contents.
TITLE I--DISCLOSURE OF POLITICAL INTELLIGENCE
Sec. 101. Disclosure of political intelligence activities under
Lobbying Disclosure Act.
Sec. 102. Effective date.
TITLE II--PUBLIC CORRUPTION PROSECUTION IMPROVEMENTS
Sec. 201. Venue for Federal offenses.
Sec. 202. Theft or bribery concerning programs receiving Federal
financial assistance.
Sec. 203. Penalty for Section 641 violations.
Sec. 204. Bribery and graft; clarification of definition of ``Official
Act''; clarification of the crime of
illegal gratuities.
Sec. 205. Amendment of the sentencing guidelines relating to certain
crimes.
Sec. 206. Extension of statute of limitations for serious public
corruption offenses.
Sec. 207. Increase of maximum penalties for certain public corruption
related offenses.
Sec. 208. Additional wiretap predicates.
Sec. 209. Expanding venue for perjury and obstruction of justice
proceedings.
Sec. 210. Prohibition on undisclosed self-dealing by public officials.
Sec. 211. Disclosure of information in complaints against judges.
Sec. 212. Clarification of exemption in certain bribery offenses.
Sec. 213. Certifications regarding appeals by United States.
TITLE I--DISCLOSURE OF POLITICAL INTELLIGENCE
SEC. 101. DISCLOSURE OF POLITICAL INTELLIGENCE ACTIVITIES UNDER
LOBBYING DISCLOSURE ACT.
(a) Definitions.--Section 3 of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602) is amended--
(1) in paragraph (2)--
(A) by inserting after ``lobbying activities'' each
place that term appears the following: ``or political
intelligence activities''; and
(B) by inserting after ``lobbyists'' the following:
``or political intelligence consultants''; and
(2) by adding at the end the following new paragraphs:
``(17) Political intelligence activities.--The term
`political intelligence activities' means political
intelligence contacts and efforts in support of such contacts,
including preparation and planning activities, research, and
other background work that is intended, at the time it is
performed, for use in such contacts, and coordination with such
contacts and efforts of others.
``(18) Political intelligence contact.--
``(A) Definition.--The term `political intelligence
contact' means any oral or written communication
(including an electronic communication) to or from a
covered executive branch official or a covered
legislative branch official, the information derived
from which is intended for use in analyzing securities
or commodities markets, or in informing investment
decisions, and which is made on behalf of a client with
regard to--
``(i) the formulation, modification, or
adoption of Federal legislation (including
legislative proposals);
``(ii) the formulation, modification, or
adoption of a Federal rule, regulation,
Executive order, or any other program, policy,
or position of the United States Government; or
``(iii) the administration or execution of
a Federal program or policy (including the
negotiation, award, or administration of a
Federal contract, grant, loan, permit, or
license).
``(B) Exception.--The term `political intelligence
contact' does not include a communication that is made
by or to a representative of the media if the purpose
of the communication is gathering and disseminating
news and information to the public.
``(19) Political intelligence firm.--The term `political
intelligence firm' means a person or entity that has 1 or more
employees who are political intelligence consultants to a
client other than that person or entity.
``(20) Political intelligence consultant.--The term
`political intelligence consultant' means any individual who is
employed or retained by a client for financial or other
compensation for services that include one or more political
intelligence contacts.''.
(b) Registration Requirement.--Section 4 of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1603) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting after ``whichever is
earlier,'' the following: ``or a political
intelligence consultant first makes a political
intelligence contact,''; and
(ii) by inserting after ``such lobbyist''
each place that term appears the following:
``or consultant'';
(B) in paragraph (2), by inserting after
``lobbyists'' each place that term appears the
following: ``or political intelligence consultants'';
and
(C) in paragraph (3)(A)--
(i) by inserting after ``lobbying
activities'' each place that term appears the
following: ``and political intelligence
activities''; and
(ii) in clause (i), by inserting after
``lobbying firm'' the following: ``or political
intelligence firm'';
(2) in subsection (b)--
(A) in paragraph (3), by inserting after ``lobbying
activities'' each place that term appears the
following: ``or political intelligence activities'';
(B) in paragraph (4)--
(i) in the matter preceding subparagraph
(A), by inserting after ``lobbying activities''
the following: ``or political intelligence
activities''; and
(ii) in subparagraph (C), by inserting
after ``lobbying activity'' the following: ``or
political intelligence activity'';
(C) in paragraph (5), by inserting after ``lobbying
activities'' each place that term appears the
following: ``or political intelligence activities'';
(D) in paragraph (6), by inserting after
``lobbyist'' each place that term appears the
following: ``or political intelligence consultant'';
and
(E) in the matter following paragraph (6), by
inserting ``or political intelligence activities''
after ``such lobbying activities'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting after ``lobbying
contacts'' the following: ``or political intelligence
contacts''; and
(B) in paragraph (2)--
(i) by inserting after ``lobbying contact''
the following: ``or political intelligence
contact''; and
(ii) by inserting after ``lobbying
contacts'' the following: ``and political
intelligence contacts''; and
(4) in subsection (d), by inserting after ``lobbying
activities'' each place that term appears the following: ``or
political intelligence activities''.
(c) Reports by Registered Political Intelligence Consultants.--
Section 5 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604) is
amended--
(1) in subsection (a), by inserting after ``lobbying
activities'' the following: ``and political intelligence
activities'';
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting after ``lobbying activities''
the following: ``or political intelligence
activities'';
(ii) in subparagraph (A)--
(I) by inserting after ``lobbyist''
the following: ``or political
intelligence consultant''; and
(II) by inserting after ``lobbying
activities'' the following: ``or
political intelligence activities'';
(iii) in subparagraph (B), by inserting
after ``lobbyists'' the following: ``and
political intelligence consultants''; and
(iv) in subparagraph (C), by inserting
after ``lobbyists'' the following: ``or
political intelligence consultants'';
(B) in paragraph (3)--
(i) by inserting after ``lobbying firm''
the following: ``or political intelligence
firm''; and
(ii) by inserting after ``lobbying
activities'' each place that term appears the
following: ``or political intelligence
activities''; and
(C) in paragraph (4), by inserting after ``lobbying
activities'' each place that term appears the
following: ``or political intelligence activities'';
and
(3) in subsection (d)(1), in the matter preceding
subparagraph (A), by inserting ``or a political intelligence
consultant'' after ``a lobbyist''.
(d) Disclosure and Enforcement.--Section 6(a) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1605) is amended--
(1) in paragraph (3)(A), by inserting after ``lobbying
firms,'' the following: ``political intelligence consultants,
political intelligence firms,'';
(2) in paragraph (7), by striking ``or lobbying firm'' and
inserting ``, lobbying firm, political intelligence consultant,
or political intelligence firm''; and
(3) in paragraph (8), by striking ``or lobbying firm'' and
inserting ``, lobbying firm, political intelligence consultant,
or political intelligence firm''.
(e) Rules of Construction.--Section 8(b) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1607(b)) is amended by striking ``or lobbying
contacts'' and inserting ``, lobbying contacts, political intelligence
activities, or political intelligence contacts''.
(f) Identification of Clients and Covered Officials.--Section 14 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1609) is amended--
(1) in subsection (a)--
(A) in the heading, by inserting ``or Political
Intelligence'' after ``Lobbying'';
(B) by inserting ``or political intelligence
contact'' after ``lobbying contact'' each place that
term appears; and
(C) in paragraph (2), by inserting ``or political
intelligence activity, as the case may be'' after
``lobbying activity'';
(2) in subsection (b)--
(A) in the heading, by inserting ``or Political
Intelligence'' after ``Lobbying'';
(B) by inserting ``or political intelligence
contact'' after ``lobbying contact'' each place that
term appears; and
(C) in paragraph (2), by inserting ``or political
intelligence activity, as the case may be'' after
``lobbying activity''; and
(3) in subsection (c), by inserting ``or political
intelligence contact'' after ``lobbying contact''.
(g) Annual Audits and Reports by Comptroller General.--Section 26
of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1614) is amended--
(1) in subsection (a)--
(A) by inserting ``political intelligence firms,
political intelligence consultants,'' after ``lobbying
firms,''; and
(B) by striking ``lobbying registrations'' and
inserting ``registrations'';
(2) in subsection (b)(1)(A), by inserting ``political
intelligence firms, political intelligence consultants,'' after
``lobbying firms,''; and
(3) in subsection (c), by inserting ``or political
intelligence consultant'' after ``a lobbyist''.
SEC. 102. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to any
political intelligence contact (as defined in section 3 of the Lobbying
Disclosure Act of 1995, as added by section 101 of this Act) that is
made on or after the 45th day after the date of the enactment of this
Act.
TITLE II--PUBLIC CORRUPTION PROSECUTION IMPROVEMENTS
SEC. 201. VENUE FOR FEDERAL OFFENSES.
(a) In General.--The second undesignated paragraph of section
3237(a) of title 18, United States Code, is amended by adding before
the period at the end the following: ``or in any district in which an
act in furtherance of the offense is committed''.
(b) Section Heading.--The heading for section 3237 of title 18,
United States Code, is amended to read as follows:
``Sec. 3237. Offense taking place in more than one district''.
(c) Table of Sections.--The table of sections at the beginning of
chapter 211 of title 18, United States Code, is amended so that the
item relating to section 3237 reads as follows:
``3237. Offense taking place in more than one district.''.
SEC. 202. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL
FINANCIAL ASSISTANCE.
Section 666(a) of title 18, United States Code, is amended--
(1) by striking ``10 years'' and inserting ``20 years'';
(2) by striking ``$5,000'' the second place and the third
place it appears and inserting ``$1,000'';
(3) by striking ``anything of value'' each place it appears
and inserting ``any thing or things of value''; and
(4) in paragraph (1)(B), by inserting after ``any thing''
the following: ``or things''.
SEC. 203. PENALTY FOR SECTION 641 VIOLATIONS.
Section 641 of title 18, United States Code, is amended by striking
``ten years'' and inserting ``15 years''.
SEC. 204. BRIBERY AND GRAFT; CLARIFICATION OF DEFINITION OF ``OFFICIAL
ACT''; CLARIFICATION OF THE CRIME OF ILLEGAL GRATUITIES.
(a) Definition.--Section 201(a) of title 18, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) by amending paragraph (3) to read as follows:
``(3) the term `official act'--
``(A) means any act within the range of official
duty, and any decision or action on any question,
matter, cause, suit, proceeding, or controversy, which
may at any time be pending, or which may by law be
brought before any public official, in such public
official's official capacity or in such official's
place of trust or profit; and
``(B) may be a single act, more than 1 act, or a
course of conduct; and''; and
(3) by adding at the end the following:
``(4) the term `rule or regulation' means a Federal
regulation or a rule of the House of Representatives or the
Senate, including those rules and regulations governing the
acceptance of gifts and campaign contributions.''.
(b) Clarification.--Section 201(c)(1) of title 18, United States
Code, is amended to read as follows:
``(1) otherwise than as provided by law for the proper
discharge of official duty, or by rule or regulation--
``(A) directly or indirectly gives, offers, or
promises any thing or things of value to any public
official, former public official, or person selected to
be a public official for or because of any official act
performed or to be performed by such public official,
former public official, or person selected to be a
public official;
``(B) directly or indirectly, knowingly gives,
offers, or promises any thing or things of value with
an aggregate value of not less than $1,000 to any
public official, former public official, or person
selected to be a public official for or because of the
official's or person's official position;
``(C) being a public official, former public
official, or person selected to be a public official,
directly or indirectly, knowingly demands, seeks,
receives, accepts, or agrees to receive or accept any
thing or things of value with an aggregate value of not
less than $1,000 for or because of the official's or
person's official position; or
``(D) being a public official, former public
official, or person selected to be a public official,
directly or indirectly demands, seeks, receives,
accepts, or agrees to receive or accept any thing or
things of value for or because of any official act
performed or to be performed by such official or
person;''.
SEC. 205. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN
CRIMES.
(a) Directive to Sentencing Commission.--Pursuant to its authority
under section 994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission forthwith
shall review and, if appropriate, amend its guidelines and its policy
statements applicable to persons convicted of an offense under section
201, 641, 1346A, or 666 of title 18, United States Code, in order to
reflect the intent of Congress that such penalties meet the
requirements in subsection (b) of this section.
(b) Requirements.--In carrying out this subsection, the Commission
shall--
(1) ensure that the sentencing guidelines and policy
statements reflect Congress's intent that the guidelines and
policy statements reflect the serious nature of the offenses
described in paragraph (1), the incidence of such offenses, and
the need for an effective deterrent and appropriate punishment
to prevent such offenses;
(2) consider the extent to which the guidelines may or may
not appropriately account for--
(A) the potential and actual harm to the public and
the amount of any loss resulting from the offense;
(B) the level of sophistication and planning
involved in the offense;
(C) whether the offense was committed for purposes
of commercial advantage or private financial benefit;
(D) whether the defendant acted with intent to
cause either physical or property harm in committing
the offense;
(E) the extent to which the offense represented an
abuse of trust by the offender and was committed in a
manner that undermined public confidence in the
Federal, State, or local government; and
(F) whether the violation was intended to or had
the effect of creating a threat to public health or
safety, injury to any person or even death;
(3) assure reasonable consistency with other relevant
directives and with other sentencing guidelines;
(4) account for any additional aggravating or mitigating
circumstances that might justify exceptions to the generally
applicable sentencing ranges;
(5) make any necessary conforming changes to the sentencing
guidelines; and
(6) assure that the guidelines adequately meet the purposes
of sentencing as set forth in section 3553(a)(2) of title 18,
United States Code.
SEC. 206. EXTENSION OF STATUTE OF LIMITATIONS FOR SERIOUS PUBLIC
CORRUPTION OFFENSES.
(a) In General.--Chapter 213 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3302. Corruption offenses
``Unless an indictment is returned or the information is filed
against a person within 6 years after the commission of the offense, a
person may not be prosecuted, tried, or punished for a violation of, or
a conspiracy or an attempt to violate the offense in--
``(1) section 201 or 666;
``(2) section 1341 or 1343, when charged in conjunction
with section 1346 and where the offense involves a scheme or
artifice to deprive another of the intangible right of honest
services of a public official;
``(3) section 1951, if the offense involves extortion under
color of official right;
``(4) section 1952, to the extent that the unlawful
activity involves bribery; or
``(5) section 1962, to the extent that the racketeering
activity involves bribery chargeable under State law, involves
a violation of section 201 or 666, section 1341 or 1343, when
charged in conjunction with section 1346 and where the offense
involves a scheme or artifice to deprive another of the
intangible right of honest services of a public official, or
section 1951, if the offense involves extortion under color of
official right.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 213 of title 18, United States Code, is amended by adding at
the end the following new item:
``3302. Corruption offenses.''.
(c) Application of Amendment.--The amendments made by this section
shall not apply to any offense committed before the date of enactment
of this Act.
SEC. 207. INCREASE OF MAXIMUM PENALTIES FOR CERTAIN PUBLIC CORRUPTION
RELATED OFFENSES.
(a) Solicitation of Political Contributions.--Section 602(a)(4) of
title 18, United States Code, is amended by striking ``3 years'' and
inserting ``5 years''.
(b) Promise of Employment for Political Activity.--Section 600 of
title 18, United States Code, is amended by striking ``one year'' and
inserting ``3 years''.
(c) Deprivation of Employment for Political Activity.--Section
601(a) of title 18, United States Code, is amended by striking ``one
year'' and inserting ``3 years''.
(d) Intimidation To Secure Political Contributions.--Section 606 of
title 18, United States Code, is amended by striking ``three years''
and inserting ``5 years''.
(e) Solicitation and Acceptance of Contributions in Federal
Offices.--Section 607(a)(2) of title 18, United States Code, is amended
by striking ``3 years'' and inserting ``5 years''.
(f) Coercion of Political Activity by Federal Employees.--Section
610 of title 18, United States Code, is amended by striking ``three
years'' and inserting ``5 years''.
SEC. 208. ADDITIONAL WIRETAP PREDICATES.
Section 2516(1)(c) of title 18, United States Code, is amended--
(1) by inserting ``section 641 (relating to embezzlement or
theft of public money, property, or records), section 666
(relating to theft or bribery concerning programs receiving
Federal funds),'' after ``section 224 (bribery in sporting
contests),''; and
(2) by inserting ``section 1031 (relating to major fraud
against the United States)'' after ``section 1014 (relating to
loans and credit applications generally; renewals and
discounts),''.
SEC. 209. EXPANDING VENUE FOR PERJURY AND OBSTRUCTION OF JUSTICE
PROCEEDINGS.
(a) In General.--Section 1512(i) of title 18, United States Code,
is amended to read as follows:
``(i) A prosecution under section 1503,
1504, 1505, 1508, 1509, 1510, or this section
may be brought in the district in which the
conduct constituting the alleged offense
occurred or in which the official proceeding
(whether or not pending or about to be
instituted) was intended to be affected.''.
(b) Perjury.--
(1) In general.--Chapter 79 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 1624. Venue
``A prosecution under section 1621(1), 1622 (in regard to
subornation of perjury under 1621(1)), or 1623 of this title may be
brought in the district in which the oath, declaration, certificate,
verification, or statement under penalty of perjury is made or in which
a proceeding takes place in connection with the oath, declaration,
certificate, verification, or statement.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 79 of title 18, United States Code, is
amended by adding at the end the following:
``1624. Venue.''.
SEC. 210. PROHIBITION ON UNDISCLOSED SELF-DEALING BY PUBLIC OFFICIALS.
(a) In General.--Chapter 63 of title 18, United States Code, is
amended by inserting after section 1346 the following new section:
``Sec. 1346A. Undisclosed self-dealing by public officials
``(a) Undisclosed Self-Dealing by Public Officials.--For purposes
of this chapter, the term `scheme or artifice to defraud' also includes
a scheme or artifice by a public official to engage in undisclosed
self-dealing.
``(b) Definitions.--As used in this section:
``(1) Official act.--The term official act--
``(A) means any act within the range of official
duty, and any decision or action on any question,
matter, cause, suit, proceeding, or controversy, which
may at any time be pending, or which may by law be
brought before any public official, in such public
official's official capacity or in such official's
place of trust or profit; and
``(B) may be a single act, more than one act, or a
course of conduct.
``(2) Public official.--The term `public official' means an
officer, employee, or elected or appointed representative, or
person acting for or on be half of the United States, a State,
or a subdivision of a State, or any department, agency or
branch of government thereof, in any official function, under
or by authority of any such department, agency, or branch of
government.
``(3) State.--The term `State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
``(4) Undisclosed self-dealing.--The term `undisclosed
self-dealing' means that--
``(A) a public official performs an official act
for the purpose, in whole or in material part, of
furthering or benefitting a financial interest, of
which the public official has knowledge, of--
``(i) the public official;
``(ii) the spouse or minor child of a
public official;
``(iii) a general business partner of the
public official;
``(iv) a business or organization in which
the public official is serving as an employee,
officer, director, trustee, or general partner;
``(v) an individual, business, or
organization with whom the public official is
negotiating for, or has any arrangement
concerning, prospective employment or financial
compensation; or
``(vi) an individual, business, or
organization from whom the public official has
received any thing or things of value,
otherwise than as provided by law for the
proper discharge of official duty, or by rule
or regulation; and
``(B) the public official knowingly falsifies,
conceals, or covers up material information that is
required to be disclosed by any Federal, State, or
local statute, rule, regulation, or charter applicable
to the public official, or the knowing failure of the
public official to disclose material information in a
manner that is required by any Federal, State, or local
statute, rule, regulation, or charter applicable to the
public official.
``(5) Material information.--The term `material
information' means information--
``(A) regarding a financial interest of a person
described in clauses (i) through (iv) paragraph (4)(A);
and
``(B) regarding the association, connection, or
dealings by a public official with an individual,
business, or organization as described in clauses (iii)
through (vi) of paragraph (4)(A).''.
(b) Conforming Amendment.--The table of sections for chapter 63 of
title 18, United States Code, is amended by inserting after the item
relating to section 1346 the following new item:
``1346A. Undisclosed self-dealing by public officials.''.
(c) Applicability.--The amendments made by this section apply to
acts engaged in on or after the date of the enactment of this Act.
SEC. 211. DISCLOSURE OF INFORMATION IN COMPLAINTS AGAINST JUDGES.
Section 360(a) of title 28, United States Code, is amended--
(1) in paragraph (2) by striking ``or'';
(2) in paragraph (3), by striking the period at the end,
and inserting ``; or''; and
(3) by inserting after paragraph (3) the following:
``(4) such disclosure of information regarding a potential
criminal offense is made to the Attorney General, a Federal,
State, or local grand jury, or a Federal, State, or local law
enforcement agency.''.
SEC. 212. CLARIFICATION OF EXEMPTION IN CERTAIN BRIBERY OFFENSES.
Section 666(c) of title 18, United States Code, is amended--
(1) by striking ``This section does not apply to''; and
(2) by inserting ``The term `any thing of value' that is
corruptly solicited, demanded, accepted or agreed to be
accepted in subsection (a)(1)(B) or corruptly given, offered,
or agreed to be given in subsection (a)(2) shall not include,''
before ``bona fide salary''.
SEC. 213. CERTIFICATIONS REGARDING APPEALS BY UNITED STATES.
Section 3731 of title 18, United States Code, is amended by
inserting after ``United States attorney'' the following: ``, Deputy
Attorney General, Assistant Attorney General, or the Attorney
General''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on the Constitution.
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