[House Report 112-688]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-688
======================================================================
CLEAN UP GOVERNMENT ACT OF 2011
_______
September 21, 2012.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Smith of Texas, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 2572]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2572) to amend title 18, United States Code, to
deter public corruption, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 5
Background and Need for the Legislation.......................... 6
Hearings......................................................... 7
Committee Consideration.......................................... 7
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 8
New Budget Authority and Tax Expenditures........................ 8
Congressional Budget Office Cost Estimate........................ 8
Performance Goals and Objectives................................. 9
Advisory on Earmarks............................................. 9
Section-by-Section Analysis...................................... 10
Changes in Existing Law Made by the Bill, as Reported............ 14
The Amendment
The amendment is as follows:
Strike all after the enacting and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clean Up Government Act of 2011''.
SEC. 2. VENUE FOR FEDERAL OFFENSES.
Section 3237(a) of title 18, United States Code, is amended by
inserting after ``begun, continued, or completed'' the following: ``or
in any district in which an act in furtherance of an offense is
committed''.
SEC. 3. 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. 4. PENALTY FOR SECTION 641 VIOLATIONS.
Section 641 of title 18, United States Code, is amended by striking
``ten years'' and inserting ``15 years''.
SEC. 5. BRIBERY AND GRAFT.
Section 201 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the
end; and
(C) 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 campaign contributions.'';
(2) in subsection (b), by striking ``fifteen years'' and
inserting ``20 years'';
(3) in subsection (c)--
(A) by striking ``two years'' and inserting ``five
years''; and
(B) in paragraph (1), in the matter preceding
subparagraph (A), to read as follows: ``otherwise than
as provided by law for the proper discharge of official
duty, or by rule or regulation, knowingly--''; and
(4) by striking ``anything of value'' each place it appears
and inserting ``any thing or things of value of not less than
$1,000''.
SEC. 6. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY
OFFENSE.
Section 641 of title 18, United States Code, is amended by inserting
``the District of Columbia or'' before ``the United States'' each place
such term appears.
SEC. 7. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.
Subparagraphs (A) and (B) of section 201(c)(1) of title 18, United
States Code, are each amended by inserting ``the official's or person's
official position or'' before ``any official act''.
SEC. 8. CLARIFICATION OF DEFINITION OF ``OFFICIAL ACT''.
Section 201(a)(3) of title 18, United States Code, is amended to read
as follows:
``(3) the term `official act'--
``(A) means any act within the range of official
duty, and any decision, recommendation, 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.''.
SEC. 9. 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, 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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, recommendation, 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 behalf 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.''.
(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. 15. 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. 16. 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 `anything 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. 17. 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''.
Purpose and Summary
H.R. 2572 restores prosecutorial tools that had been eroded
by various court decisions including restoring ``undisclosed
self dealing'' by a public official as a scheme or artifice to
defraud, restoring a prohibition on the giving or receiving of
gratuities because of ``official position,'' adds to the
definition of ``official act,'' ``any act within the range of
official duty,'' increases penalties for public corruption and
related offenses, expands venue, increases the statute of
limitations for serious public corruption offenses, and adds
offenses as wiretap predicates.
The bill also makes clarifications to aid the successful
investigation and prosecution of public corruption offenses by
creating a mechanism, outside of the current internal
mechanism, for misconduct on the part of Federal judges (28
U.S.C.360(a)); clarifies that the exemption for bona fide
salaries paid in the normal course of business applies only to
the statute's prohibition on giving or receiving ``anything of
value'' as a bribe (18 U.S.C. 666(c)), and the bill expands the
number of officials at the Department of Justice that can
certify government interlocutory appeals from a district court
suppressing or excluding evidence (18 U.S.C. 3731).
Background and Need for the Legislation
Prosecutors have long used honest services fraud to address
two distinct kinds of honest services fraud. The first
involving the taking of bribes and kickbacks and the second
involving an undisclosed conflict of interest. The second
variety involved situations where decisions were made by a
public official that benefited that public official personally
without any disclosure by the public official of their personal
interest in the matter that was the subject of the decision.
The decision in Skilling v. United States, 130 S. Ct. 2896
(2010) eliminated this second category of honest services
fraud, but still allows ``fraudulent schemes to deprive another
of honest services through bribes or kickbacks supplied by a
third party who has not been deceived.'' This bill will clarify
that ``undisclosed self dealing'' is a scheme or artifice to
deprive another of the intangible right of honest services.
This returns to prosecutors, a viable criminal charge in public
corruption matters.
Another problem that has presented itself in the
prosecution of public corruption matters is the definition of
``official act.'' In a decision from the U.S. Court of Appeals
for the District of Columbia Circuit, U.S. v. Valdes, 437 F.3d
1276 (D.C. Cir. 2006), the court held that it was not official
action when a local law enforcement officer searched a law
enforcement database for information on particular individuals
in exchange for money. The court held that the definition of
official act required a showing by the government that Valdes'
conduct involved ``a question, matter, cause, suit, proceeding
or controversy'' and that searching a law enforcement database
for profit did not constitute one of these actions.
This holding, however, dismisses a 1914 Supreme Court
decision, U.S. v. Birdsall, 233 U.S. 223 (1914), in which the
Court states that ``[e]very action that is within the range of
official duty comes within the purview of [the bribery
statute].'' Id. at 230. The Court also noted that an official
act need not be prescribed by statute or written rule or
regulation. It is sufficient that the act is governed by a
lawful requirement, established usage, or settled practice of
the agency.
Despite Congress' reference to the Birdsall decision in its
1962 re-codification of the statute, the Valdes court found
that Congress had not, in fact, adopted the Birdsall rule. This
bill adopts the language from the Supreme Court's opinion and
clarifies that an ``official act'' includes any act within the
range of official duty.
The bill also clarifies what is considered an illegal
gratuity and reverses the holding of the Supreme Court in
United States v. Sun Diamond Growers, 526 U.S. 398 (1999),
which restricted the application of the illegal gratuities
statute. The bills expands 18 U.S.C. Sec. 201 to include
``official position'' which will ensure that gratuities given
to a public official ``for or because of'' that official's
position will embrace a broader range of corrupt conduct that
is not otherwise permitted by law.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security, held 1 day of hearings on H.R. on July 26,
2011. Testimony was received from Mary Pat Brown, Deputy
Assistant Attorney General, Criminal Division, United States
Department of Justice; Lisa Griffin, Esq., Professor of Law,
Duke University; and Timothy O'Toole, Esq., Partner, Miller and
Chevalier, with additional material submitted by the FBI Agents
Association (FBIAA, Citizens for Responsibility and Ethics
Washington (CREW), and by Families Against Mandatory Minimums
(FAMM).
Committee Consideration
On December 1, 2011, the Committee on met in open session
and ordered the bill H.R. 2572 favorably reported, with an
amendment, by a roll-call vote of 30 to 0, a quorum being
present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall votes occurred during the Committee's
consideration of H.R. 2572.
1. Motion to report H.R. 2572 favorably, as amended.
Approved 30 to 0.
ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Smith, Chairman............................................. X
Mr. Sensenbrenner, Jr........................................... X
Mr. Coble....................................................... X
Mr. Gallegly.................................................... X
Mr. Goodlatte...................................................
Mr. Lungren..................................................... X
Mr. Chabot...................................................... X
Mr. Issa........................................................
Mr. Pence.......................................................
Mr. Forbes......................................................
Mr. King........................................................ X
Mr. Franks...................................................... X
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
Mr. Poe......................................................... X
Mr. Chaffetz....................................................
Mr. Griffin..................................................... X
Mr. Marino...................................................... X
Mr. Gowdy....................................................... X
Mr. Ross........................................................ X
Ms. Adams....................................................... X
Mr. Quayle...................................................... X
Mr. Amodei...................................................... X
Mr. Conyers, Jr., Ranking Member................................ X
Mr. Berman......................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren.....................................................
Ms. Jackson Lee................................................. X
Ms. Waters...................................................... X
Mr. Cohen....................................................... X
Mr. Johnson.....................................................
Mr. Pierluisi................................................... X
Mr. Quigley..................................................... X
Ms. Chu......................................................... X
Mr. Deutch...................................................... X
Ms. Sanchez..................................................... X
(Vacant)........................................................
-----------------------------------------------
Total....................................................... 30 0
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 2572, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 17, 2012.
Hon. Lamar Smith, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2572, the ``Clean
Up Government Act of 2011.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Martin von
Gnechten, who can be reached at 226-2860.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 2572--Clean Up Government Act of 2011.
As ordered reported by the House Committee on the Judiciary
on December 1, 2011.
H.R. 2572 would broaden the coverage of current laws that
address public corruption and would increase penalties for such
offenses. The legislation would expand the number of offenses
relative to fraud committed by public officials that could be
federally prosecuted. CBO estimates that H.R. 2572 would have
no significant impact on the Federal budget. Enacting H.R. 2572
could affect direct spending and revenues; therefore, pay-as-
you-go procedures apply. However, CBO estimates that any net
effects would be insignificant for each year.
Because those prosecuted and convicted under H.R. 2572
could be subject to criminal fines, the Federal Government
might collect additional fines if the legislation is enacted.
Criminal fines are recorded as revenues, deposited in the Crime
Victims Fund, and later spent. CBO expects that any additional
revenues and direct spending would not be significant because
of the small number of cases likely affected.
H.R. 1572 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of State, local, or tribal
governments.
On September 16, 2011, CBO transmitted a cost estimate for
S. 401, the ``Public Corruption Prosecution Improvements Act,''
as ordered reported by the Senate Committee on the Judiciary on
July 28, 2011. The two bills are similar, and the estimated
costs are the same.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
2572 deters public corruption by providing tools for the
prosecution and investigation of public corruption crimes.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 2572 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
Section 1. Short Title
This section cites the short title of the bill as the
``Clean Up Government Act of 2011.''
Section 2. Venue for Federal Offenses
This section amends section 3237, which governs venue for
offenses begun in one district and completed in another
district, to clarify that venue exists in any district in which
any portion of the offense is committed, any act in furtherance
of the offense is committed, or in which the offense is
completed. The intent of this provision is to expand venue to
include districts where any part of the offense occurred.
Section 3. Theft or Bribery Concerning Programs Receiving Federal
Financial Assistance
This section amends Section 666(a) of title 18, USC by
increasing the maximum penalty for all offenses under this
section from 10 years to 20 years; lowers the threshold for
bribes from $5,000 to $1,000 (some small bribes with
significant consequences in the prison and/or motor vehicle and
other ID issuing agencies were being missed by the higher
threshold); changes the words ``anything of value'' to
``anything or things of value'' (clarifies that the bribery/
theft threshold may be reached by multiple items and not merely
a single item).
Section 4. Penalty for Section 641 Violations
This section increases the maximum term of imprisonment for
theft and embezzlement from 10 years to 15 years.
Section 5. Bribery and Graft
This section amends section 201 of title 18, the bribery
and graft statute, to increase the maximum punishment for
bribery from 15 years 20 years imprisonment, and the maximum
punishment for illegal gratuities from 2 years to 5 years
imprisonment. This section also amends 18 U.S.C. 201 by adding
``or by rule or regulation'' to the already existing exemption
``as provided by law for the proper discharge of official
duty'' to exclude the offering or accepting of anything or
things of value, when they are permitted for the proper
discharge of official duty. This section also provides a
definition of ``rule or regulation'' (a Federal regulation or a
rule of the House of Representatives or the Senate, including
those rules and regulations governing the acceptance of
campaign contributions). This section replaces the words
``anything of value'' with ``anything or things'' of value
(clarifies that multiple items and not merely a single item can
be involved). The section adds ``knowingly'' to the mens rea
for gratuities received by or given to a public official
because of their position/status. A $1000 threshold is added
for things received by or given to public officials because of
their position/status.
Section 6. Addition of District of Columbia to Theft of Public Money
Offense
This section amends section 641 relating to theft from the
government to include the District of Columbia government and
agencies. The District of Columbia is already included in the
general bribery statute (section 201) and the theft or bribery
statute concerning programs receiving Federal financial
assistance (section 666).
Section 7. Clarification of Crime of Illegal Gratuities
This section amends section 201(c)(1)(A) & (B) of title 18,
to reverse the holding of the Supreme Court in United States v.
Sun Diamond Growers, 526 U.S. 398 (1999), which restricted the
application of the illegal gratuities statute. The expansion of
the statute to include ``official position'' (bill inserts
``the official's or persons official position'' in front of
``any official act'') will ensure that gratuities given to a
public official ``for or because of'' that official's position
will be included in a broader range of corrupt conduct that is
not otherwise permitted by law.
Section 8. Clarification of Definition of ``Official Act''
This section amends the definition of ``official act'' in
section 201(a)(3) to include conduct that falls within the
range of official duties of the public official. This amendment
is in response to a decision from the U.S. Court of Appeals for
the District of Columbia Circuit, U.S. v. Valdes, 437 F.3d 1276
(D.C. Cir. 2006). In Valdes, the court held that it was not an
official act when a local law enforcement officer searched a
law enforcement database for information on particular
individuals in exchange for money. The court held that the
definition of official act required a showing by the government
that Valdes' conduct involved ``a question, matter, cause,
suit, proceeding or controversy'' and that searching a law
enforcement database for profit did not constitute one of these
actions.
This holding, however, ignores a 1914 Supreme Court
decision, U.S. v. Birdsall, 233 U.S. 223 (1914), in which the
Court states that ``[e]very action that is within the range of
official duty comes within the purview of [the bribery
statute].'' Id. at 230. The Court also noted that an official
act need not be prescribed by statute or written rule or
regulation. It is sufficient that the act is governed by a
lawful requirement, established usage, or settled practice of
the agency.
Despite Congress' reference to the Birdsall decision in its
1962 re-codification of the statute, the Valdes court found
that Congress had not, in fact, adopted the Birdsall rule. This
section makes clear that an official act is any act within the
range of official duty, and can be more than one act or a
course of conduct. An official act also includes a decision or
recommendation that a government should not take action.
Section 9. Amendment of the Sentencing Guidelines Relating to Certain
Crimes
This section directs the United States Sentencing
Commission to amend its guidelines and policy statements, if
appropriate, to reflect the increased penalties for violations
of sections 201, 641, and 666 of title 18.
Section 10. Extension of Statute of Limitations for Serious Public
Corruption Offenses
This section extends by 1 year, to 6 years the Statute of
Limitations for certain corruption offenses including sections
201(bribery of public officials and witnesses); Theft or
Bribery of Programs Receiving Federal Funds (section 666);
Frauds and Swindles (section 1341) or section (1343) Fraud by
Wire, 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);
Interference with commerce by threats or violence (section
1951), if the offense involves extortion under color of
official right); Interstate and Foreign Travel or
Transportation in Aid of Racketeering (section 1952) if the
unlawful activity involves bribery; Prohibited Activities of
Income derived from Unlawful Debt Collection (section 1962) to
the extent that racketeering activity involves bribery
chargeable under State law, involves a violation of section 201
or 666, section 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 right.
Section 11. Increase of Maximum Penalties for Certain Public Corruption
Related Offenses
This section increases the penalties of Solicitation of
Political Contributions (section 602) from 3 years to 5 years;
Promise of Employment for Political Activity (section 600) from
1 year to 3 years; Deprivation of Employment for Political
Contributions (section 601) from 1 year to 3 years;
Intimidation To Secure Political Contributions (section 606)
from 3 years to 5 years; Solicitation and Acceptance of
Contributions in Federal Offices (section 607) from 3 years to
5 years; and Coercion of Political Activity by Federal
Employees from 3 years to 5 years (section 610).
Section 12. Additional Wiretap Predicates
This section adds as wiretap predicates (section
2516(1)(c), the following offenses: Embezzlement or Theft of
Public Money, Property, or Records (section 641); Theft or
Bribery Concerning Programs that Receive Public Funds (section
666); Major Fraud against the United States (section 1031).
Section 13. Expanding Venue for Perjury and Obstruction of Justice
Proceedings
This section adds certain obstruction offenses that can be
charged 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, by amending section 1512 (i) of title 18
(Tampering with a witness, victim, or informant) to add new
offenses. The new offenses with expanded venue are in addition
to section 1512 and Influencing or Injury Officer or Juror
(section 1503). The newly added offenses include: Influencing a
juror by writing (section 1504); Obstruction of proceedings
before departments, agencies, and committees (section 1505);
Recording, listening to, or observing proceedings of grand or
petite juries while deliberating or voting.(section 1508);
Obstruction of a court order (section 1509); and Obstruction of
criminal investigations (section 1510).
This section adds a new section to Chapter 79 of title 18
(Perjury) expands the venue for the prosecution of certain
perjury offenses (court (sections 1621(1)), subornation of
perjury (1622), and false declarations before a grand jury or
court (1623), to include both the district where the oath or
declaration is taken and the district in which a proceeding
takes place in connection with the oath or declaration.
Section 14. Prohibition on Undisclosed Self-Dealing by Public Officials
This section adds a section 18 U.S.C.Sec. 1346A that
addresses ``honest services fraud'' by clarifying that the term
``scheme or artifice to defraud'' includes a scheme or artifice
by a public official to engage in undisclosed self-dealing.
Prosecutors had long used honest services fraud to address
scenarios where bribes and kickbacks were taken and in
situations where there were undisclosed conflicts of interest.
The Skilling case removed the second category in which public
officials engaged in undisclosed, biased decision making for
their own personal gain, but left intact the prohibition of
dishonest contact spurred by a third party who provides a bribe
or kickback. This section defines ``official act,'' ``material
information,'' ``undisclosed self-dealing.'' This section
identifies certain relationships, for which an official act is
performed that financially benefits that relationship, and
where certain required disclosures are intentionally not made,
as constituting undisclosed self-dealing.
Section 15. Disclosure of Information in Complaints Against Judges
This section amends 18 U.S.C. Sec. 360 to permit certain
disclosures of Federal judicial misconduct to appropriate law
enforcement agencies. The section would expressly permit the
disclosure of information regarding potential criminal activity
to appropriate law enforcement authorities when that
information is gathered or developed during the investigation
into a complaint regarding alleged misconduct by a Federal
judge. The plain language of Section 360(a) currently prohibits
disclosure of materials gathered during a judicial disciplinary
investigation ``by any person in any proceeding,'' with only
three exceptions that do not provide for disclosure to law
enforcement authorities.
Section 16. Clarification of Exemption in Certain Bribery Cases
This section provides clarification to 18 U.S.C.
Sec. 666(c), that exempts a ``bona fide'' salary received in
the course of business etc., does not apply to the entirety of
the statute. (The current section has been misapplied). This
amendment will preserve section 666(c)'s intended function of
exempting salary, bonuses and other routine compensation from
the bribery provision, and eliminate unnecessary confusion
concerning section 666(c)'s applicability to the remainder of
the statute.
Section 17. Certifications Regarding Appeals by United States
This section amends 18 U.S.C. Sec. 3731 to expressly permit
the Attorney General, the Deputy Attorney General, and an
Assistant Attorney General to provide the necessary
certification for government interlocutory appeals from
district court orders suppressing or excluding evidence. As it
is currently written, section 3731 requires a certification by
a United States Attorney. This creates confusion with cases
that are handled by Department of Justice components other than
a United States Attorney Office. The bill only changes the
officials who are permitted to make the certification, and does
not alter the substance of the certification or any other
substantive element of section 3731.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
TITLE 18, UNITED STATES CODE
* * * * * * *
PART I--CRIMES
* * * * * * *
CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
* * * * * * *
Sec. 201. Bribery of public officials and witnesses
(a) For the purpose of this section--
(1) * * *
(2) the term ``person who has been selected to be a
public official'' means any person who has been
nominated or appointed to be a public official, or has
been officially informed that such person will be so
nominated or appointed; [and]
[(3) the term ``official act'' means 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 official's official capacity, or in such
official's place of trust or profit.]
(3) the term ``official act''--
(A) means any act within the range of
official duty, and any decision,
recommendation, 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.
(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 campaign contributions.
(b) Whoever--
(1) directly or indirectly, corruptly gives, offers
or promises [anything of value] any thing or things of
value of not less than $1,000 to any public official or
person who has been selected to be a public official,
or offers or promises any public official or any person
who has been selected to be a public official to give
[anything of value] any thing or things of value of not
less than $1,000 to any other person or entity, with
intent--
(A) * * *
* * * * * * *
(2) being a public official or person selected to be
a public official, directly or indirectly, corruptly
demands, seeks, receives, accepts, or agrees to receive
or accept [anything of value] any thing or things of
value of not less than $1,000 personally or for any
other person or entity, in return for:
(A) * * *
* * * * * * *
(3) directly or indirectly, corruptly gives, offers,
or promises [anything of value] any thing or things of
value of not less than $1,000 to any person, or offers
or promises such person to give [anything of value] any
thing or things of value of not less than $1,000 to any
other person or entity, with intent to influence the
testimony under oath or affirmation of such first-
mentioned person as a witness upon a trial, hearing, or
other proceeding, before any court, any committee of
either House or both Houses of Congress, or any agency,
commission, or officer authorized by the laws of the
United States to hear evidence or take testimony, or
with intent to influence such person to absent himself
therefrom;
(4) directly or indirectly, corruptly demands, seeks,
receives, accepts, or agrees to receive or accept
[anything of value] any thing or things of value of not
less than $1,000 personally or for any other person or
entity in return for being influenced in testimony
under oath or affirmation as a witness upon any such
trial, hearing, or other proceeding, or in return for
absenting himself therefrom;
shall be fined under this title or not more than three times
the monetary equivalent of the thing of value, whichever is
greater, or imprisoned for not more than [fifteen years] 20
years, or both, and may be disqualified from holding any office
of honor, trust, or profit under the United States.
(c) Whoever--
(1) [otherwise than as provided by law for the proper
discharge of official duty--] otherwise than as
provided by law for the proper discharge of official
duty, or by rule or regulation, knowingly--
(A) directly or indirectly gives, offers, or
promises [anything of value] any thing or
things of 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 or any official act performed or to be
performed by such public official, former
public official, or person selected to be a
public official; or
(B) being a public official, former public
official, or person selected to be a public
official, otherwise than as provided by law for
the proper discharge of official duty, directly
or indirectly demands, seeks, receives,
accepts, or agrees to receive or accept
[anything of value] any thing or things of
value of not less than $1,000 personally for or
because of the official's or person's official
position or any official act performed or to be
performed by such official or person;
(2) directly or indirectly, gives, offers, or
promises [anything of value] any thing or things of
value of not less than $1,000 to any person, for or
because of the testimony under oath or affirmation
given or to be given by such person as a witness upon a
trial, hearing, or other proceeding, before any court,
any committee of either House or both Houses of
Congress, or any agency, commission, or officer
authorized by the laws of the United States to hear
evidence or take testimony, or for or because of such
person's absence therefrom;
(3) directly or indirectly, demands, seeks, receives,
accepts, or agrees to receive or accept [anything of
value] any thing or things of value of not less than
$1,000 personally for or because of the testimony under
oath or affirmation given or to be given by such person
as a witness upon any such trial, hearing, or other
proceeding, or for or because of such person's absence
therefrom;
shall be fined under this title or imprisoned for not more than
[two years] five years, or both.
* * * * * * *
CHAPTER 29--ELECTIONS AND POLITICAL ACTIVITIES
* * * * * * *
Sec. 600. Promise of employment or other benefit for political activity
Whoever, directly or indirectly, promises any employment,
position, compensation, contract, appointment, or other
benefit, provided for or made possible in whole or in part by
any Act of Congress, or any special consideration in obtaining
any such benefit, to any person as consideration, favor, or
reward for any political activity or for the support of or
opposition to any candidate or any political party in
connection with any general or special election to any
political office, or in connection with any primary election or
political convention or caucus held to select candidates for
any political office, shall be fined under this title or
imprisoned not more than [one year] 3 years, or both.
Sec. 601. Deprivation of employment or other benefit for political
contribution
(a) Whoever, directly or indirectly, knowingly causes or
attempts to cause any person to make a contribution of a thing
of value (including services) for the benefit of any candidate
or any political party, by means of the denial or deprivation,
or the threat of the denial or deprivation, of--
(1) * * *
* * * * * * *
if such employment, position, work, compensation, payment, or
benefit is provided for or made possible in whole or in part by
an Act of Congress, shall be fined under this title, or
imprisoned not more than [one year] 3 years, or both.
* * * * * * *
Sec. 602. Solicitation of political contributions
(a) It shall be unlawful for--
(1) * * *
* * * * * * *
(4) a person receiving any salary or compensation for
services from money derived from the Treasury of the
United States; to knowingly solicit any contribution
within the meaning of section 301(8) of the Federal
Election Campaign Act of 1971 from any other such
officer, employee, or person. Any person who violates
this section shall be fined under this title or
imprisoned not more than [3 years] 5 years, or both.
* * * * * * *
Sec. 606. Intimidation to secure political contributions
Whoever, being one of the officers or employees of the United
States mentioned in section 602 of this title, discharges, or
promotes, or degrades, or in any manner changes the official
rank or compensation of any other officer or employee, or
promises or threatens so to do, for giving or withholding or
neglecting to make any contribution of money or other valuable
thing for any political purpose, shall be fined under this
title or imprisoned not more than [three years] 5 years, or
both.
Sec. 607. Place of solicitation
(a) Prohibition.--
(1) * * *
(2) Penalty.--A person who violates this section
shall be fined not more than $5,000, imprisoned not
more than [3 years] 5 years, or both.
* * * * * * *
Sec. 610. Coercion of political activity
It shall be unlawful for any person to intimidate, threaten,
command, or coerce, or attempt to intimidate, threaten,
command, or coerce, any employee of the Federal Government as
defined in section 7322(1) of title 5, United States Code, to
engage in, or not to engage in, any political activity,
including, but not limited to, voting or refusing to vote for
any candidate or measure in any election, making or refusing to
make any political contribution, or working or refusing to work
on behalf of any candidate. Any person who violates this
section shall be fined under this title or imprisoned not more
than [three years] 5 years, or both.
* * * * * * *
CHAPTER 31--EMBEZZLEMENT AND THEFT
* * * * * * *
Sec. 641. Public money, property or records
Whoever embezzles, steals, purloins, or knowingly converts to
his use or the use of another, or without authority, sells,
conveys or disposes of any record, voucher, money, or thing of
value of the District of Columbia or the United States or of
any department or agency thereof, or any property made or being
made under contract for the District of Columbia or the United
States or any department or agency thereof; or
Whoever receives, conceals, or retains the same with intent to
convert it to his use or gain, knowing it to have been
embezzled, stolen, purloined or converted--
Shall be fined under this title or imprisoned not more than
[ten years] 15 years, or both; but if the value of such
property in the aggregate, combining amounts from all the
counts for which the defendant is convicted in a single case,
does not exceed the sum of $1,000, he shall be fined under this
title or imprisoned not more than one year, or both.
The word ``value'' means face, par, or market value, or cost
price, either wholesale or retail, whichever is greater.
* * * * * * *
Sec. 666. Theft or bribery concerning programs receiving Federal funds
(a) Whoever, if the circumstance described in subsection (b)
of this section exists--
(1) being an agent of an organization, or of a State,
local, or Indian tribal government, or any agency
thereof--
(A) * * *
(B) corruptly solicits or demands for the
benefit of any person, or accepts or agrees to
accept, [anything of value] any thing or things
of value from any person, intending to be
influenced or rewarded in connection with any
business, transaction, or series of
transactions of such organization, government,
or agency involving any thing or things of
value of [$5,000] $1,000 or more; or
(2) corruptly gives, offers, or agrees to give
[anything of value] any thing or things of value to any
person, with intent to influence or reward an agent of
an organization or of a State, local or Indian tribal
government, or any agency thereof, in connection with
any business, transaction, or series of transactions of
such organization, government, or agency involving
[anything of value] any thing or things of value of
[$5,000] $1,000 or more;
shall be fined under this title, imprisoned not more than [10
years] 20 years, or both.
* * * * * * *
(c) [This section does not apply to] The term ``anything 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 bona fide salary, wages, fees, or other
compensation paid, or expenses paid or reimbursed, in the usual
course of business.
* * * * * * *
CHAPTER 63--MAIL FRAUD AND OTHER FRAUD OFFENSES
Sec.
1341. Frauds and swindles.
* * * * * * *
1346A. Undisclosed self-dealing by public officials.
* * * * * * *
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,
recommendation, 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 behalf 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).
* * * * * * *
CHAPTER 73--OBSTRUCTION OF JUSTICE
* * * * * * *
Sec. 1512. Tampering with a witness, victim, or an informant
(a) * * *
* * * * * * *
[(i) A prosecution under this section or section 1503 may be
brought in the district in which the official proceeding
(whether or not pending or about to be instituted) was intended
to be affected or in the district in which the conduct
constituting the alleged offense occurred.]
(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.
* * * * * * *
CHAPTER 79--PERJURY
Sec.
1621. Perjury generally.
* * * * * * *
1624. Venue.
* * * * * * *
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.
* * * * * * *
CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
* * * * * * *
Sec. 2516. Authorization for interception of wire, oral, or electronic
communications
(1) The Attorney General, Deputy Attorney General, Associate
Attorney General, or any Assistant Attorney General, any acting
Assistant Attorney General, or any Deputy Assistant Attorney
General or acting Deputy Assistant Attorney General in the
Criminal Division or National Security Division specially
designated by the Attorney General, may authorize an
application to a Federal judge of competent jurisdiction for,
and such judge may grant in conformity with section 2518 of
this chapter an order authorizing or approving the interception
of wire or oral communications by the Federal Bureau of
Investigation, or a Federal agency having responsibility for
the investigation of the offense as to which the application is
made, when such interception may provide or has provided
evidence of--
(a) * * *
* * * * * * *
(c) any offense which is punishable under the
following sections of this title: section 37 (relating
to violence at international airports), section 43
(relating to animal enterprise terrorism), section 81
(arson within special maritime and territorial
jurisdiction), section 201 (bribery of public officials
and witnesses), section 215 (relating to bribery of
bank officials), section 224 (bribery in sporting
contests), 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), subsection (d), (e), (f),
(g), (h), or (i) of section 844 (unlawful use of
explosives), section 1032 (relating to concealment of
assets), section 1084 (transmission of wagering
information), section 751 (relating to escape), section
832 (relating to nuclear and weapons of mass
destruction threats), section 842 (relating to
explosive materials), section 930 (relating to
possession of weapons in Federal facilities), section
1014 (relating to loans and credit applications
generally; renewals and discounts), section 1031
(relating to major fraud against the United States),
section 1114 (relating to officers and employees of the
United States), section 1116 (relating to protection of
foreign officials), section 1014 (relating to loans and
credit applications generally; renewals and discounts),
sections 1503, 1512, and 1513 (influencing or injuring
an officer, juror, or witness generally), section 1510
(obstruction of criminal investigations), section 1511
(obstruction of State or local law enforcement),
section 1591 (sex trafficking of children by force,
fraud, or coercion), section 1751 (Presidential and
Presidential staff assassination, kidnapping, and
assault), section 1951 (interference with commerce by
threats or violence), section 1952 (interstate and
foreign travel or transportation in aid of racketeering
enterprises), section 1958 (relating to use of
interstate commerce facilities in the commission of
murder for hire), section 1959 (relating to violent
crimes in aid of racketeering activity), section 1954
(offer, acceptance, or solicitation to influence
operations of employee benefit plan), section 1955
(prohibition of business enterprises of gambling),
section 1956 (laundering of monetary instruments),
section 1957 (relating to engaging in monetary
transactions in property derived from specified
unlawful activity), section 659 (theft from interstate
shipment), section 664 (embezzlement from pension and
welfare funds), section 1343 (fraud by wire, radio, or
television), section 1344 (relating to bank fraud),
section 1992 (relating to terrorist attacks against
mass transportation), sections 2251 and 2252 (sexual
exploitation of children), section 2251A (selling or
buying of children), section 2252A (relating to
material constituting or containing child pornography),
section 1466A (relating to child obscenity), section
2260 (production of sexually explicit depictions of a
minor for importation into the United States), sections
2421, 2422, 2423, and 2425 (relating to transportation
for illegal sexual activity and related
crimes),sections 2312, 2313, 2314, and 2315 (interstate
transportation of stolen property), section 2321
(relating to trafficking in certain motor vehicles or
motor vehicle parts), section 2340A (relating to
torture), section 1203 (relating to hostage taking),
section 1029 (relating to fraud and related activity in
connection with access devices), section 3146 (relating
to penalty for failure to appear), section 3521(b)(3)
(relating to witness relocation and assistance),
section 32 (relating to destruction of aircraft or
aircraft facilities), section 38 (relating to aircraft
parts fraud), section 1963 (violations with respect to
racketeer influenced and corrupt organizations),
section 115 (relating to threatening or retaliating
against a Federal official), section 1341 (relating to
mail fraud), a felony violation of section 1030
(relating to computer fraud and abuse), section 351
(violations with respect to congressional, Cabinet, or
Supreme Court assassinations, kidnapping, and assault),
section 831 (relating to prohibited transactions
involving nuclear materials), section 33 (relating to
destruction of motor vehicles or motor vehicle
facilities), section 175 (relating to biological
weapons), section 175c (relating to variola virus)
section 956 (conspiracy to harm persons or property
overseas),, section a felony violation of section 1028
(relating to production of false identification
documentation), section 1425 (relating to the
procurement of citizenship or nationalization
unlawfully), section 1426 (relating to the reproduction
of naturalization or citizenship papers), section 1427
(relating to the sale of naturalization or citizenship
papers), section 1541 (relating to passport issuance
without authority), section 1542 (relating to false
statements in passport applications), section 1543
(relating to forgery or false use of passports),
section 1544 (relating to misuse of passports), or
section 1546 (relating to fraud and misuse of visas,
permits, and other documents);
* * * * * * *
PART II--CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 211--JURISDICTION AND VENUE
* * * * * * *
Sec. 3237. Offenses begun in one district and completed in another
(a) Except as otherwise expressly provided by enactment of
Congress, any offense against the United States begun in one
district and completed in another, or committed in more than
one district, may be inquired of and prosecuted in any district
in which such offense was begun, continued, or completed or in
any district in which an act in furtherance of an offense is
committed.
* * * * * * *
CHAPTER 213--LIMITATIONS
Sec.
3281. Capital offenses.
* * * * * * *
3302. Corruption offenses.
* * * * * * *
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.
* * * * * * *
CHAPTER 235--APPEAL
* * * * * * *
Sec. 3731. Appeal by United States
In a criminal case an appeal by the United States shall lie
to a court of appeals from a decision, judgment, or order of a
district court dismissing an indictment or information or
granting a new trial after verdict or judgment, as to any one
or more counts, or any part thereof, except that no appeal
shall lie where the double jeopardy clause of the United States
Constitution prohibits further prosecution.
An appeal by the United States shall lie to a court of
appeals from a decision or order of a district court
suppressing or excluding evidence or requiring the return of
seized property in a criminal proceeding, not made after the
defendant has been put in jeopardy and before the verdict or
finding on an indictment or information, if the United States
attorney, Deputy Attorney General, Assistant Attorney General,
or the Attorney General certifies to the district court that
the appeal is not taken for purpose of delay and that the
evidence is a substantial proof of a fact material in the
proceeding.
* * * * * * *
----------
SECTION 360 OF TITLE 28, UNITED STATES CODE
Sec. 360. Disclosure of information
(a) Confidentiality of information.--Except as provided in
section 355, all papers, documents, and records of proceedings
related to investigations conducted under this chapter shall be
confidential and shall not be disclosed by any person in any
proceeding except to the extent that--
(1) * * *
(2) the judicial council of the circuit, the Judicial
Conference of the United States, or the Senate or the
House of Representatives by resolution, releases any
such material which is believed necessary to an
impeachment investigation or trial of a judge under
article I of the Constitution; [or]
(3) such disclosure is authorized in writing by the
judge who is the subject of the complaint and by the
chief judge of the circuit, the Chief Justice, or the
chairman of the standing committee established under
section 331[.]; or
(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.
* * * * * * *