[Congressional Record Volume 141, Number 172 (Thursday, November 2, 1995)]
[Senate]
[Pages S16621-S16624]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL:
  S. 1378. A bill to combat public corruption, and for other purposes; 
to the Committee on the Judiciary.


                    the anti-corruption act of 1995

  Mr. McCONNELL. Mr. President, I rise to introduce the Anti-Corruption 
Act of 1995, a bill which will strengthen the ability of Federal law 
enforcement officials to combat election fraud and public corruption by 
State and local officials. A few excerpts from recent news articles 
will demonstrate the need for this bill:
  The San Diego Union-Tribune writes on October 1 of recent reports,

       [T]hat cats and dogs are on the state's voter rolls, that 
     God is registered to vote in Hollywood, and that a San 
     Francisco man who died in 1982 has consistently voted for the 
     past decade.

  The St. Louis Post-Dispatch reports on the same day of the city 
comptroller who, a few days earlier, pleaded guilty to--

       [I]ncome tax evasion in exchange for dismissal of charges 
     that he conspired with others to defraud voters in the 
     comptroller's election two years ago.

  The Dallas Morning News reports on September 30, of citizens in rural 
Costilla County, CO, who,

       [S]purred an investigation by the state attorney general 
     that led to a raft of indictments and guilty pleas for 
     election fraud [and p]rompted a second investigation by the 
     attorney general that found fraud and embezzlement by county 
     officials.

  The Hartford Courant reports on August 28, of new efforts to combat 
voter fraud because of irregularities, including,

       [T]wenty-seven felons who voted in 1994 in the race for the 
     2nd District Congressional seat.

  It is no wonder the American people become more disgusted with our 
system every day. Allegations of vote buying and cries of ``voting 
irregularities'' pervade every close election.
  We would like to think that the losing candidates are only motivated 
by sour grapes. But too often, investigations turn up cases where a 
dead, nonetheless patriotic, American manages to roll out of his 
eternal slumber to do his or her civic duty before the polls close.
  Americans' faith is further eroded by daily scandals involving public 
officials reported in their local paper. This past summer, officials 
formally closed a nearly 5-year corruption investigation that rocked my 
own State of Kentucky. Operation BOPTROT resulted in more than a dozen 
convictions of State legislators, appointed State officials and 
lobbyists. The BOPTROT sting operation involved bribery and influence 
peddling at the highest level of Kentucky State government. Although 
the BOPTROT investigation was closed in early August, FBI officials 
made it clear that the State has not yet been cleansed of public 
corruption: ``Public corruption remains the FBI's No. 1 priority in 
Kentucky,'' according to the lead FBI investigator.

[[Page S 16622]]

  A central problem in preventing corruption in elections and 
government operations is a lack of Federal guidelines defining what is 
illegal. Another problem is the jurisdiction over this illegal 
activity. This bill I am introducing aims at correcting both of these 
problems.

  The bill simply states that if anyone engages in any activity to 
deprive people of the honest services of their public officials, they 
will be fined and face a possible 10-year sentence in Federal prison. 
This includes rigging elections, intimidating voters, buying votes, and 
bribing officials.
  And, this bill makes every act of elections fraud--at every level of 
government--a Federal offense. It gives Federal prosecutors the 
jurisdictional authority they need to investigate and prosecute 
entrenched local corruption.
  We have made dramatic changes to the voter registration laws; while 
it is easier to register and vote, it is also easier to commit election 
fraud. This bill is needed to discourage those who would seek to 
defraud the government and abuse the public trust.
  Moreover, as we ask the States to assume more responsibility for 
providing government services, we must ensure that we possess the tools 
for weeding out and punishing corrupt practices.
  The bill also addresses public corruption as it relates to drug 
trafficking. The facilitation by public officials of drug trafficking 
would be classified as a class B felony under title 18 of the United 
States Code.
  And, anyone attempting to bribe or actually bribing a public official 
for help in drug trafficking would be guilty of a class B felony.
  Drug use and drug trafficking are back on the rise. It is a lucrative 
business. Aiding and abetting it can offer a huge stipend to public 
officials, worth many times their government salaries. This bill would 
make drug stings sting a lot more--for the pushers and for corrupt 
politicians.
  Mr. President, I have spoken out repeatedly over the years on these 
issues and on this specific piece of legislation. In past years, this 
bill, included as an amendment to other pieces of anticrime 
legislation, has passed the Senate with overwhelming, bipartisan 
support. But it has never made it to the final conference report.
  The bill has also had wide support among the U.S. attorneys, who 
would be on the front lines prosecuting these crimes. In fact, two 
former U.S. attorneys in Kentucky have endorsed this bill.
  Mr. President, I ask unanimous consent that their letters in support 
of this legislation be printed in the Record.
  There being no objection, the letters were ordered to be printed in 
the Record, as follows:

                                           Robinson & McElwee,

                                  Lexington, KY, October 26, 1995.
     Hon. Mitch McConnell,
     Russell Senate Building, Washington, DC.
       Dear Senator McConnell: I am writing in support of the 
     Anti-Corruption Act you are introducing. As you know, 
     Kentucky has been victimized by public corruption at the 
     highest levels of state government. My first-hand experience 
     in Operation BOPTROT, resulting in the conviction of almost 
     two dozen officials, made me aware of the gaps in federal law 
     and jurisdiction over influence peddling and corruption.
       Your bill would provide federal law enforcement officials 
     with the necessary tools to fight these plagues on the 
     taxpayers. And, it would send a message to public officials 
     everywhere that there will be grave consequences for failing 
     to uphold the public trust.
       The American people grow more and more cynical about our 
     government and much of the blame can be laid at those who 
     breach the confidence placed in them by the voters. Your bill 
     will help restore the faith citizens should have in our great 
     system.
       I am confident your bill will be widely supported among 
     your colleagues and I wish you every success in speedy 
     passage.
           Sincerely,
     Karen K. Caldwell.
                                                                    ____



                                            Joseph M. Whittle,

                                   Prospect, KY, October 16, 1995.
     Hon. Mitch McConnell,
     Russell Senate Building, Washington, DC.
       Dear Senator McConnell: I am pleased to write in support of 
     your Anti-Corruption Act, a bill you have introduced in 
     previous Congresses and which has been adopted by a majority 
     of the Senate.
       Since the bill addresses election fraud and corruption by 
     government officials, it is of particular importance to 
     Kentucky in view of the 5-year Operation BOPTROT effort. My 
     involvement in Operation BOPTROT made me aware that current 
     federal law is not fully adequate to deal with public 
     corruption. This bill will give federal law enforcement 
     agents the power and authority to vigorously fight election 
     fraud, influence peddling and public corruption.
       Most of all, your bill will help restore confidence the 
     American people should have in their government and public 
     servants.
       I wish you success in getting the bill passed. I know it 
     has enjoyed wide support in the past, and I am confident that 
     the bill will continue to have support among your colleagues.
           Respectfully,
                                                Joseph M. Whittle.

  Mr. McCONNELL. Mr. President, I am confident this bill will gain the 
support of the Attorney General.
  I am certain that in our renewed effort to gain the public trust, 
this legislation will be received with resounding approval. I urge my 
colleagues to support this much-needed legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1378

       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 

[[Page S 16623]]

     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 

[[Page S 16624]]

     inserting after the item for section 219 the following new 
     item:

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