Sec. 122. Prohibition on undisclosed self-dealing by public officials
434 words·~2 min read·
/bill/116/s/5070/is/section-122A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1346 of title 18, United States Code, is amended— by striking , the and all that follows through the end and inserting and inserting “: The term material information means information— regarding a financial interest of a person described in clauses
(i)through
(iv)of paragraph (5)(A); and regarding the association, connection, or dealings by a public official with an individual, business, or organization described in clauses
(iii)through
(vi)of paragraph (5)(A). The term official act has the meaning given the term in section 201(a). 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. The term State includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. The term undisclosed self-dealing means— an official act by a public official for the purpose, in whole or in material part, of furthering or benefitting a financial interest, of which the public official has knowledge, of— the public official; the spouse or minor child of a public official; a general business partner of the public official; a business or organization in which the public official is serving as an employee, officer, director, trustee, or general partner; an individual, business, or organization with whom the public official is negotiating for, or has any arrangement concerning, prospective employment or financial compensation; or 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; the knowing falsification, concealment, or covering up of material information by a public official 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 a 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. The term scheme or artifice to defraud includes— a scheme or artifice to deprive another of the intangible right of honest services; and a scheme or artifice by a public official to engage in undisclosed self-dealing. . The amendments made by this section shall apply to any act on or after the date of the enactment of this Act.