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119-s-5511119th CongressWALLET

Honest Services Fraud Improvement Act

Sponsored By: Senator Kim, Andy [D-NJ]

Introduced

Summary

Creates a private civil right for constituents to sue government officials for corrupt schemes that violate the public's right to honest services. It sets new rules for who may sue, who may be sued, how cases are filed, and what damages are available, including treble-style damages and penalties directed to the Department of Justice Assets Forfeiture Fund.

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  • Residents and constituents gain a new private cause of action if they lived in the official's jurisdiction during the alleged scheme and are not candidates or funding a candidate committee. Plaintiffs cannot represent themselves and must file within one year of discovering the scheme.
  • A broad class of government actors can be defendants, including federal public officials as defined in 5 U.S.C. 201 and certain state, local, or Tribal agents under 31 U.S.C. 666(d). Successful plaintiffs may recover compensatory damages and bribery damages equal to three times the value of any bribe, plus attorney fees.
  • Filings start under seal with sworn certifications and the Government gets a 60-day window to seek criminal prosecution. If prosecutors proceed the civil case is dismissed, and if they decline plaintiffs must disclose material evidence before the case is unsealed.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Treble damages and fee awards

If enacted, a successful plaintiff could recover compensatory damages and "bribery damages" equal to three times the value of any bribe solicited or accepted. Courts would also award reasonable attorney's fees and litigation costs to plaintiffs. Punitive damages could be awarded but would be deposited into the Justice Department Assets Forfeiture Fund, and courts could not enjoin official actions as a remedy. If the Government intervenes and prosecutes and the civil case is dismissed, a plaintiff who substantially helped the prosecution could still recover fees.

Private lawsuits by local constituents

If enacted, the bill would create a private civil right for U.S. citizens to sue government officials for schemes that deny honest services. You would qualify only if you were a constituent or resident in the official's jurisdiction during the alleged scheme and you are not a candidate or using campaign funding. You could not represent yourself; you must be represented by an attorney for the whole case. You would have to file within 1 year after you discover the scheme and no later than the last date a related criminal charge could be filed.

Sealed filings and prosecution window

If enacted, complaints would be filed in camera and kept under seal for at least 60 days. You would have to give the Government a copy and disclose substantially all material evidence when you file, and you and your lawyer must certify key facts under penalty of perjury. The Government would get 60 days to decide to bring criminal charges; if it prosecutes the civil case is dismissed. Campaign contributions could not be the sole basis for a suit, but they could be used as evidence in a broader case.

Sponsors & CoSponsors

Sponsor

Kim, Andy [D-NJ]

NJ • D

Cosponsors

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 9/24/2026

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
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