article: 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.''.
summary: Anti-Corruption Act of 1995 - Amends the Federal criminal code to prescribe criminal penalties to be imposed against anyone who uses any facility of, or affects, interstate or foreign commerce to deprive or defraud the inhabitants of a State or political subdivision (State) of the honest services of a government official or employee, or of a fair and impartially conducted election process. Prescribes criminal penalties to be imposed upon any official, or person selected to be a public official, who, in order to carry out or conceal any scheme or artifice to defraud, discriminates, harasses, or takes adverse action against any employee or official of the United States or of any State. Authorizes such an adversely affected employee or official to obtain relief through a civil action, provided such person did not participate in the scheme or artifice. Specifies that: (1) to obtain recovery against a State, the employee or individual bringing the action shall establish by a preponderance of evidence that any such violation was the result of widespread violations, or conduct authorized by a senior official, within the State; and (2) in cases in which a State is sued and found liable for recovery, the State may bring an action for contribution for such recovery from any employee or official whose action led to the recovery. (Sec. 3) Amends mail fraud provisions to prohibit using, or causing the use, of any facility of interstate or foreign commerce in the execution of a scheme or artifice to defraud. (Sec. 4) Sets forth prohibitions regarding narcotics-related public corruption.