I 

111TH CONGRESS 

1ST SESSION H. R. 2822 

To help Federal prosecutors and investigators combat public corruption by 

strengthening and clarifying the law. 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Corruption 

5 Prosecution Improvements Act’’. 

6 SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS FOR SE7 RIOUS PUBLIC CORRUPTION OFFENSES. 

8 (a) IN GENERAL.—Chapter 213 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 


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1 ‘‘§ 3300. Corruption offenses 

2 ‘‘No person shall be prosecuted, tried, or punished 

3 for a violation of, or a conspiracy or an attempt to vio4 late— 

5 ‘‘(1) section 201 or 666; 

6 ‘‘(2) section 1341 or 1343, when charged in 

7 conjunction with section 1346 and where the offense 

8 involves a scheme or artifice to deprive another of 

9 the intangible right of honest services of a public of10 ficial; 

11 ‘‘(3) section 1951, if the offense involves extor12 tion under color of official right; 

13 ‘‘(4) section 1952, to the extent that the unlaw14 ful activity involves bribery; or 

15 ‘‘(5) section 1962 to the extent that the racket16 eering activity involves— 

17 ‘‘(A) bribery chargeable under State law; 

18 or 

19 ‘‘(B) a violation of— 

20 ‘‘(i) section 201 or 666; 

21 ‘‘(ii) section 1341 or 1343, when 

22 charged in conjunction with section 1346 

23 and where the offense involves a scheme or 

24 artifice to deprive another of the intangible 

25 right of honest services of a public official; 

26 or 


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1 ‘‘(iii) section 1951, if the offense in2 volves extortion under color of official 

3 right; 

4 unless an indictment is returned or the information is filed 

5 within 6 years after the commission of the offense.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of chapter 213 of title 18, United States 

8 Code, is amended by adding at the end the following: 

‘‘3300. Corruption offenses.’’. 

9 (c) APPLICATION OF AMENDMENT.—The amend10 ments made by this section shall not apply to any offense 

11 committed before the date of enactment of this Act. 

12 SEC. 3. THEFT OR BRIBERY CONCERNING PROGRAMS RE13 CEIVING FEDERAL FINANCIAL ASSISTANCE. 

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

15 amended— 

16 (1) in paragraph (1)(B), by striking ‘‘of 

17 $5,000’’ and inserting ‘‘of $1,000’’; and 

18 (2) in paragraph (2), by striking ‘‘$5,000’’ and 

19 inserting ‘‘$1,000’’. 

20 SEC. 4. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF 

21 PUBLIC MONEY OFFENSE. 

22 Section 641 of title 18, United States Code, is 

23 amended by inserting ‘‘the District of Columbia or’’ before 

24 ‘‘the United States’’ each place that term appears. 


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1 SEC. 5. ADDITIONAL RICO AND MONEYLAUDERING PREDI2 CATES. 

3 (a) RICO.—Section 1961(1) of title 18, United States 

4 Code, is amended— 

5 (1) by inserting ‘‘section 641 (relating to em6 bezzlement or theft of public money, property, or 

7 records),’’ after ‘‘473 (relating to counterfeiting),’’; 

8 and 

9 (2) by inserting ‘‘section 666 (relating to theft 

10 or bribery concerning programs receiving Federal 

11 funds),’’ after ‘‘section 664 (relating to embezzle12 ment from pension and welfare funds),’’. 

13 (b) MONEYLAUNDERING.—Section 1956(c)(7)(D) of 

14 title 18, United States Code, is amended— 

15 (1) by striking ‘‘section 641 (relating to public 

16 money, property, or records),’’; and 

17 (2) by striking ‘‘section 666 (relating to theft 

18 or bribery concerning programs receiving Federal 

19 funds),’’. 

20 SEC. 6. ADDITIONAL WIRETAP PREDICATES. 

21 Section 2516(1)(c) of title 18, United States Code, 

22 is amended by inserting ‘‘section 641 (relating to embez23 zlement or theft of public money, property, or records), 

24 section 666 (relating to theft or bribery concerning pro25 grams receiving Federal funds),’’ after ‘‘section 224 (brib26 ery in sporting contests),’’. 


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1 SEC. 7. CLARIFICATION OF CRIME OF ILLEGAL GRATU2 ITIES. 

3 (a) DEFINITION.—Section 201(a) of title 18, United 

4 states Code, is amended— 

5 (1) in paragraph (2), by striking ‘‘and’’ after 

6 the semicolon; 

7 (2) in paragraph (3), by striking the period and 

8 inserting ‘‘; and’’; and 

9 (3) by inserting at the end the following: 

10 ‘‘(4) the term ‘rule or regulation’ means a Fed11 eral regulation or a rule of the House of Representa12 tives or the Senate, including those rules and regula13 tions governing the acceptance of campaign con14 tributions.’’. 

15 (b) CLARIFICATION.—Section 201(c)(1) of title 18, 

16 United States Code, is amended— 

17 (1) by striking the matter before subparagraph 

18 (A) and inserting ‘‘otherwise than as provided by 

19 law for the proper discharge of official duty, or by 

20 rule or regulation—’’; 

21 (2) in subparagraph (A), by inserting after ‘‘, 

22 or person selected to be a public official,’’ the fol23 lowing: ‘‘for or because of the official’s or person’s 

24 official position,’’; and 

25 (3) in subparagraph (B)— 


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1 (A) by striking ‘‘otherwise than as pro2 vided by law for the proper discharge of official 

3 duty,’’; and 

4 (B) by striking all after ‘‘anything of value 

5 personally’’ and inserting ‘‘for or because of the 

6 official’s or person’s official position, or for or 

7 because of any official act performed or to be 

8 performed by such official or person;’’. 

9 SEC. 8. CLARIFICATION OF DEFINITION OF OFFICIAL ACT. 

10 Section 201(a)(3) of title 18, United States Code, is 

11 amended to read as follows: 

12 ‘‘(3) the term ‘official act’— 

13 ‘‘(A) means any action within the range of 

14 official duty, and any decision or action on any 

15 question, matter, cause, suit, proceeding or con16 troversy, which may at any time be pending, or 

17 which may by law be brought before any public 

18 official, in such public official’s official capacity 

19 or in such official’s place of trust or profit; and 

20 ‘‘(B) may be a single act, more than one 

21 act, or a course of conduct; and’’. 


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1 SEC. 9. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO 

2 INVESTIGATE AND PROSECUTE PUBLIC COR3 RUPTION OFFENSES. 

4 There are authorized to be appropriated to the De5 partment of Justice, including the United States Attor6 neys’ Offices, the Federal Bureau of Investigation, and the 

7 Public Integrity Section of the Criminal Division, 

8 $25,000,000 for each of the fiscal years 2010, 2011, 2012, 

9 and 2013, to increase the number of personnel to inves10 tigate and prosecute public corruption offenses including 

11 sections 201, 203 through 209, 641, 654, 666, 1001, 

12 1341, 1343, 1346, and 1951 of title 18, United States 

13 Code. 

Æ 


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