[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1378 Introduced in Senate (IS)]


104th CONGRESS
  1st Session
                                S. 1378

          To combat public corruption, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 2, 1995

 Mr. McConnell introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
          To combat public corruption, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Corruption Act of 1995''.

SEC. 2. PUBLIC CORRUPTION.

    (a) Offenses.--Chapter 11 of title 18, United States Code, is 
amended by adding at the end the following new section:
``Sec. 226. Public corruption
    ``(a) State and Local Government.--
            ``(1) Honest services.--Whoever, in a circumstance 
        described in paragraph (3), deprives or defrauds, or endeavors 
        to deprive or to defraud, by any scheme or artifice, the 
        inhabitants of a State or political subdivision of a State of 
        the honest services of an official or employee of the State or 
        political subdivision shall be fined under this title, 
        imprisoned not more than 10 years, or both.
            ``(2) Fair and impartial elections.--Whoever, in a 
        circumstance described in paragraph (3), deprives or defrauds, 
        or endeavors to deprive or to defraud, by any scheme or 
        artifice, the inhabitants of a State or political subdivision 
        of a State of a fair and impartially conducted election process 
        in any primary, run-off, special, or general election through 
        one or more of the following means, or otherwise--
                    ``(A) through the procurement, casting, or 
                tabulation of ballots that are materially false, 
                fictitious, or fraudulent or that are invalid, under 
                the laws of the State in which the election is held;
                    ``(B) through paying or offering to pay any person 
                for voting;
                    ``(C) through the procurement or submission of 
                voter registrations that contain false material 
                information, or omit material information;
                    ``(D) through the filing of any report required to 
                be filed under Federal or State law regarding an 
                election campaign that contains false material 
                information or omits material information; or
                    ``(E) through engaging in intimidating, 
                threatening, or deceptive conduct, with the intent to 
                prevent or unlawfully discourage any person from voting 
                for the candidate of that person's choice, registering 
                to vote, or campaigning for or against a candidate,
        shall be fined under this title, imprisoned not more than 10 
        years, or both.
            ``(3) Circumstances in which offense occurs.--The 
        circumstances referred to in paragraphs (1) and (2) are that--
                    ``(A) for the purpose of executing or concealing a 
                scheme or artifice described in paragraph (1) or (2) or 
                attempting to do so, a person--
                            ``(i) places in any post office or 
                        authorized depository for mail matter, any 
                        matter or thing to be sent or delivered by the 
                        Postal Service, deposits or causes to be 
                        deposited any matter or thing to be sent or 
                        delivered by any private or commercial 
                        interstate carrier, or takes or receives 
                        therefrom any such matter or thing, or 
                        knowingly causes to be delivered by mail or 
                        such carrier according to the direction 
                        thereon, or at the place at which it is 
                        directed to be delivered by the person to whom 
                        it is addressed, any such matter or thing;
                            ``(ii) transmits or causes to be 
                        transmitted by means of wire, radio, or 
                        television communication in interstate or 
                        foreign commerce any writings, signs, signals, 
                        pictures, or sounds;
                            ``(iii) transports or causes to be 
                        transported any person or thing, or induces any 
                        person to travel in or to be transported in, 
                        interstate or foreign commerce; or
                            ``(iv) uses or causes the use of any 
                        facility in interstate or foreign commerce;
                    ``(B) the scheme or artifice affects or constitutes 
                an attempt to affect in any manner or degree, or would 
                if executed or concealed affect, interstate or foreign 
                commerce;
                    ``(C) in the case of an offense described in 
                paragraph (1), the honest services of the official or 
                employee relate to a governmental office of a State or 
                political subdivision of a State which receives funds 
                derived from an Act of Congress in an amount not less 
                than $10,000 during the 12-month period immediately 
                preceding or following the date of the offense; or
                    ``(D) in the case of an offense described in 
                paragraph (2), an objective of the scheme or artifice 
                is to secure the election of an official who, if 
                elected, would have any authority over the 
                administration of funds derived from an Act of Congress 
                totaling $10,000 or more during the 12-month period 
                immediately preceding or following the election or date 
                of the offense.
    ``(b) Federal Government.--Whoever deprives or defrauds, or 
endeavors to deprive or to defraud, by any scheme or artifice, the 
inhabitants of the United States of the honest services of a public 
official or a person who has been selected to be a public official 
shall be fined under this title, imprisoned not more than 10 years, or 
both.
    ``(c) Offense by an Official Against an Employee or Official.--
            ``(1) Criminal offense.--Whoever, being an official, public 
        official, or person who has been selected to be a public 
        official, directly or indirectly discharges, demotes, suspends, 
        threatens, harasses, or in any manner discriminates against an 
        employee or official of the United States or of a State or 
        political subdivision of a State, or endeavors to do so, in 
        order to carry out or to conceal a scheme or artifice described 
        in subsection (a) or (b), shall be fined under this title, 
        imprisoned not more than 5 years, or both.
            ``(2) Civil action.--(A) Any employee or official of a 
        State or political subdivision of a State who is discharged, 
        demoted, suspended, threatened, harassed, or in any manner 
        discriminated against because of lawful acts done by the 
        employee or official as a result of a violation of this section 
        or because of actions by the employee on behalf of himself or 
        herself or others in furtherance of prosecution under this 
        section (including investigation for, initiation of, testimony 
        for, or assistance in such a prosecution) may bring a civil 
        action in any court of competent jurisdiction and obtain all 
        relief necessary to make the employee or official whole, 
        including--
                    ``(i) reinstatement with the same seniority status 
                that the employee or official would have had but for 
                the violation;
                    ``(ii) the amount of backpay;
                    ``(iii) a penalty of two times the amount of 
                backpay;
                    ``(iv) interest on the actual amount of backpay; 
                and
                    ``(v) compensation for any special damages 
                sustained as a result of the violation, including 
                reasonable litigation costs and reasonable attorney's 
                fees.
            ``(B) To obtain recovery under subsection (c)(2)(A) (iii) 
        or (v) against a State or political subdivision, the employee 
        or individual bringing the action shall establish by a 
        preponderance of evidence that any violation of this section 
        was--
                    ``(i) the result of widespread violations within 
                the State or political subdivision; or
                    ``(ii) the result of conduct authorized by a senior 
                official within the State or political subdivision.
            ``(C) In cases in which a State or political subdivision is 
        sued and found liable for recovery under subsection (c)(2)(A) 
        (iii) or (v), the State or political subdivision may bring an 
        action for contribution for such recovery from any employee or 
        official whose action led to the recovery under subsection 
        (c)(2)(A) (iii) or (v).
            ``(D) An employee or official shall not be afforded relief 
        under subparagraph (A) if the employee or official participated 
        in the violation of this section with respect to which relief 
        is sought.
            ``(E)(i) A civil action or proceeding authorized by this 
        paragraph shall be stayed by a court upon certification of an 
        attorney for the Government that prosecution of the action or 
        proceeding may adversely affect the interests of the Government 
        in a pending criminal investigation or proceeding.
            ``(ii) The attorney for the Government shall promptly 
        notify the court when a stay may be lifted without such adverse 
        effects.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `official' includes--
                    ``(A) any person employed by, exercising any 
                authority derived from, or holding any position in the 
                government of a State or any subdivision of the 
                executive, legislative, judicial, or other branch of 
                government thereof, including a department, independent 
                establishment, commission, administration, authority, 
                board, and bureau, and a corporation or other legal 
                entity established and subject to control by a 
                government or governments for the execution of a 
                governmental or intergovernmental program;
                    ``(B) any person acting or pretending to act under 
                color of official authority; and
                    ``(C) any person who has been nominated, appointed, 
                or selected to be an official or who has been 
                officially informed that he or she will be so 
                nominated, appointed, or selected;
            ``(2) the term `person acting or pretending to act under 
        color of official authority' includes a person who represents 
        that he or she controls, is an agent of, or otherwise acts on 
        behalf of an official, public official, and person who has been 
        selected to be a public official;
            ``(3) the terms `public official' and `person who has been 
        selected to be a public official' have the meanings stated in 
        section 201 and include any person acting or pretending to act 
        under color of official authority; and
            ``(4) the term `State' means a State of the United States, 
        the District of Columbia, Puerto Rico, and any other 
        commonwealth, territory, or possession of the United States.''.
    (b) Technical Amendments.--(1) The chapter analysis for chapter 11 
of title 18, United States Code, is amended by adding at the end the 
following new item:

 ``226. Public corruption.''.
    (2) Section 1961(1) of title 18, United States Code, is amended by 
inserting ``section 226 (relating to public corruption),'' after 
``section 224 (relating to sports bribery),''.
    (3) Section 2516(1)(c) of title 18, United States Code, is amended 
by inserting ``section 226 (relating to public corruption),'' after 
``section 224 (bribery in sporting contests),''.

SEC. 3. INTERSTATE COMMERCE.

    (a) In General.--Section 1343 of title 18, United States Code, is 
amended--
            (1) by inserting ``, or uses or causes the use of any 
        facility in interstate or foreign commerce,'' after ``sounds''; 
        and
            (2) by inserting ``or attempting to do so'' after ``for the 
        purpose of executing such scheme or artifice''.
    (b) Technical Amendments.--(1) The heading of section 1343 of title 
18, United States Code, is amended to read as follows:
``Sec. 1343. Fraud by use of facility of interstate commerce''.
    (2) The chapter analysis for chapter 63 of title 18, United States 
Code, is amended by amending the item relating to section 1343 to read 
as follows:

``1343. Fraud by use of facility in interstate commerce.''.

SEC. 4. NARCOTICS-RELATED PUBLIC CORRUPTION.

    (a) Offenses.--Chapter 11 of title 18, United States Code, is 
amended by inserting after section 219 the following new section:
``Sec. 220. Narcotics and public corruption
    ``(a) Offense by Public Official.--A public official who, in a 
circumstance described in subsection (c), directly or indirectly, 
corruptly demands, seeks, receives, accepts, or agrees to receive or 
accept anything of value personally or for any other person in return 
for--
            ``(1) being influenced in the performance or nonperformance 
        of any official act; or
            ``(2) being influenced to commit or to aid in committing, 
        or to collude in, or to allow or make opportunity for the 
        commission of any offense against the United States or any 
        State, shall be guilty of a class B felony.
    ``(b) Offense by Person Other Than a Public Official.--A person 
who, in a circumstance described in subsection (c), directly or 
indirectly, corruptly gives, offers, or promises anything of value to 
any public official, or offers or promises any public official to give 
anything of value to any other person, with intent--
            ``(1) to influence any official act;
            ``(2) to influence the public to commit or aid in 
        committing, or to collude in, or to allow or make opportunity 
        for the commission of any offense against the United States or 
        any State; or
            ``(3) to influence the public official to do or to omit to 
        do any act in violation of the official's lawful duty, shall be 
        guilty of a class B felony.
    ``(c) Circumstances in Which Offense Occurs.--The circumstances 
referred to in subsections (a) and (b) are that the offense involves, 
is part of, or is intended to further or to conceal the illegal 
possession, importation, manufacture, transportation, or distribution 
of any controlled substance or controlled substance analogue.
    ``(d) Definitions.--As used in this section--
            ``(1) the terms `controlled substance' and `controlled 
        substance analogue' have the meanings stated in section 102 of 
        the Controlled Substances Act (21 U.S.C. 802);
            ``(2) the term `official act' means any decision, action, 
        or conduct regarding any question, matter, proceeding, cause, 
        suit, investigation, or prosecution which may at any time be 
        pending, or which may be brought before any public official, in 
        such official's official capacity, or in such official's place 
        of trust or profit; and
            ``(3) the term `public official' means--
                    ``(A) an officer or employee or person acting for 
                or on behalf of the United States, 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;
                    ``(B) a juror;
                    ``(C) an officer or employee or person acting for 
                or on behalf of the government of any State, 
                commonwealth, territory, or possession of the United 
                States (including the District of Columbia), or any 
                political subdivision thereof, in any official 
                function, under or by the authority of any such State, 
                commonwealth, territory, possession, or political 
                subdivision; and
                    ``(D) any person who has been nominated or 
                appointed to a position described in subparagraph (A), 
                (B), or (C), or has been officially informed that he or 
                she will be so nominated or appointed.''.
    (b) Technical Amendments.--(1) Section 1961(1) of title 18, United 
States Code, is amended by inserting ``section 220 (relating to 
narcotics and public corruption),'' after ``Section 201 (relating to 
bribery),''.
    (2) Section 2516(1)(c) of title 18, United States Code, is amended 
by inserting ``section 220 (relating to narcotics and public 
corruption),'' after ``section 201 (bribery of public officials and 
witnesses),''.
    (3) The chapter analysis for chapter 11 of title 18, United States 
Code, is amended by inserting after the item for section 219 the 
following new item:

``220. Narcotics and public corruption.''.
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