H.R. 2822 – Public Corruption Prosecution Improvements Act

111th CONGRESS

1st Session

H. R. 2822

IN THE HOUSE OF REPRESENTATIVES

June 11, 2009

Mr. Johnson of Georgia (for himself, Ms. Jackson-Lee of Texas, and Mr. Grayson) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To help Federal prosecutors and investigators combat public corruption by strengthening and clarifying the law.

Short title

This Act may be cited as the Public Corruption Prosecution Improvements Act.

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:

3300.

Corruption offenses

No person shall be prosecuted, tried, or punished for a violation of, or a conspiracy or an attempt to violate—

(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—

(A)

bribery chargeable under State law; or

(B)

a violation of—

(i)

section 201 or 666;

(ii)

(iii)

section 1951, if the offense involves extortion under color of official right;

unless an indictment is returned or the information is filed within 6 years after the commission of the offense.

(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:

3300. 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.

Theft or bribery concerning programs receiving Federal financial assistance

Section 666(a) of title 18, United States Code, is amended—

(1)

in paragraph (1)(B), by striking of $5,000 and inserting of $1,000; and

(2)

in paragraph (2), by striking $5,000 and inserting $1,000.

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 that term appears.

Additional rico and moneylaudering predicates

(a)

Rico

Section 1961(1) of title 18, United States Code, is amended—

(1)

by inserting section 641 (relating to embezzlement or theft of public money, property, or records), after 473 (relating to counterfeiting),; and

(2)

by inserting section 666 (relating to theft or bribery concerning programs receiving Federal funds), after section 664 (relating to embezzlement from pension and welfare funds),.

(b)

Moneylaundering

Section 1956(c)(7)(D) of title 18, United States Code, is amended—

(1)

by striking section 641 (relating to public money, property, or records),; and

(2)

by striking section 666 (relating to theft or bribery concerning programs receiving Federal funds),.

Additional wiretap predicates

Section 2516(1)(c) of title 18, United States Code, is amended 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),.

Clarification of crime of illegal gratuities

(a)

Definition

Section 201(a) of title 18, United states Code, is amended—

(1)

in paragraph (2), by striking and after the semicolon;

(2)

in paragraph (3), by striking the period and inserting ; and; and

(3)

by inserting 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.

(b)

Clarification

Section 201(c)(1) of title 18, United States Code, is amended—

(1)

by striking the matter before subparagraph (A) and inserting otherwise than as provided by law for the proper discharge of official duty, or by rule or regulation—;

(2)

in subparagraph (A), by inserting after , or person selected to be a public official, the following: for or because of the official’s or person’s official position,; and

(3)

in subparagraph (B)—

(A)

by striking otherwise than as provided by law for the proper discharge of official duty,; and

(B)

by striking all after anything of value personally and inserting for or because of the official’s or person’s official position, or for or because of any official act performed or to be performed by such official or person;.

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 action 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; and

Authorization for additional personnel to investigate and prosecute public corruption offenses

There are authorized to be appropriated to the Department of Justice, including the United States Attorneys’ Offices, the Federal Bureau of Investigation, and the Public Integrity Section of the Criminal Division, $25,000,000 for each of the fiscal years 2010, 2011, 2012, and 2013, to increase the number of personnel to investigate and prosecute public corruption offenses including sections 201, 203 through 209, 641, 654, 666, 1001, 1341, 1343, 1346, and 1951 of title 18, United States Code.

Public Corruption Prosecution Improvements Act

Legislative Activity

Bill Text