Public Officials Accountability Act

Public Officials Accountability Act - Amends the federal criminal code to include as a fraud offense a scheme or artifice by a public official to engage in undisclosed self-dealing. Defines "undisclosed self-dealing" to mean: (1) performing an official act to benefit or further a financial interest of such public official, a spouse or minor child, a general business partner, a business or organization in which the public official is serving as an employee, officer, director, trustee, or general partner, or an individual, business, or organization with whom the public official is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; and (2) knowingly falsifying, concealing, covering up, or failing to disclose material information regarding a financial interest as required by law.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 995 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 995

  To amend title 18, United States Code, to prohibit public officials 
               from engaging in undisclosed self-dealing.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2011

   Mr. Kirk introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to prohibit public officials 
               from engaging in undisclosed self-dealing.

    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 ``Public Officials Accountability 
Act''.

SEC. 2. 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) includes 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;
                    ``(B) may be a single act, more than one act, or a 
                course of conduct; and
                    ``(C) includes a decision or recommendation that a 
                government should not take action.
            ``(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 part, of benefitting or 
                furthering a financial interest 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; 
                        or
                            ``(v) an individual, business, or 
                        organization with whom the public official is 
                        negotiating for, or has any arrangement 
                        concerning, prospective employment or financial 
                        compensation; and
                    ``(B) the public official knowingly falsifies, 
                conceals, covers up, or fails to disclose material 
                information regarding that financial interest that is 
                required to be disclosed by any Federal, State, or 
                local statute, rule, regulation, or charter applicable 
                to the public official.''.
    (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.
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