I
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
In General
Chapter 213 of title 18, United States Code, is amended by adding at the end the following:
Corruption offenses
No person shall be prosecuted, tried, or punished for a violation of, or a conspiracy or an attempt to violate—
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;
section 1951, if the offense involves extortion under color of official right;
section 1952, to the extent that the unlawful activity involves bribery; or
section 1962 to the extent that the racketeering activity involves—
bribery chargeable under State law; or
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;
unless an indictment is returned or the information is filed within 6 years after the commission of the offense.
.
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.
.
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—
in paragraph
(1)(B), by striking of $5,000
and inserting of
$1,000
; and
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
Rico
Section 1961(1) of title 18, United States Code, is amended—
by inserting
section 641 (relating to embezzlement or theft of public money,
property, or records),
after 473 (relating to
counterfeiting),
; and
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),
.
Moneylaundering
Section 1956(c)(7)(D) of title 18, United States Code, is amended—
by striking
section 641 (relating to public money, property, or records),
;
and
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
Definition
Section 201(a) of title 18, United states Code, is amended—
in paragraph (2),
by striking and
after the semicolon;
in paragraph (3),
by striking the period and inserting ; and
; and
by inserting at the end the following:
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.
.
Clarification
Section 201(c)(1) of title 18, United States Code, is amended—
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—
;
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
in subparagraph (B)—
by striking
otherwise than as provided by law for the proper discharge of official
duty,
; and
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:
the term official act—
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
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.