text: 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.''.
target: 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.
feat_title: Anti-Corruption Act of 1995