SenateS. 5511119th Congress
Honest Services Fraud Improvement Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5511 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5511
To establish a right of action through which citizens can enforce the
public's interest in the honest services of government officials.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 2026
Mr. Kim (for himself and Mr. Booker) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a right of action through which citizens can enforce the
public's interest in the honest services of government officials.
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 ``Honest Services Fraud Improvement
Act''.
SEC. 2. CIVIL ACTION.
(a) In General.--Chapter 63 of title 18, United States Code, is
amended by inserting after section 1343 the following:
``Sec. 1343A. Civil action for fraud by wire, radio, or television by a
Government official
``(a) Definitions.--In this section:
``(1) Government official.--The term `government official'
means--
``(A) a public official, as defined by section
201(a)(1);
``(B) any person who has been selected to be a
public official, as defined by section 201(a)(2); or
``(C) any agent of a State, local, or Tribal
government, or any agency thereof, as defined by
section 666(d), where the alleged scheme or artifice to
defraud satisfies the commerce, mail, travel, or
interstate wire requirement of a criminal action
brought under section 1341, 1342, 1951, or 1952.
``(2) Qualified plaintiff.--The term `qualified plaintiff'
means a United States citizen who was a constituent or resided
within the jurisdiction of the government official at any time
during the alleged scheme or artifice to defraud, and who
throughout the action's pendency--
``(A) is not a candidate for elected office; and
``(B) is not, directly or indirectly, conducting
the action on behalf of, in coordination with, or using
funding from a candidate for elected office, a campaign
committee organized under Federal or State law, or a
legal defense fund of a candidate for elected office.
``(3) Scheme or artifice to defraud.--The term `scheme or
artifice to defraud' has the meaning given the term in section
1346.
``(b) Cause of Action.--A qualified plaintiff may bring a civil
action in an appropriate district court of the United States against a
government official who participates in a scheme or artifice to defraud
United States citizens of the intangible right to honest services and
may recover damages and attorney's fees in accordance with subsection
(e).
``(c) Limitations.--
``(1) Statute of limitations.--An action may be brought
under this section not later than 1 year after the date on
which the plaintiff discovers or reasonably should have
discovered the alleged scheme or artifice to defraud, and in no
case later than the last date on which a criminal charge may be
filed pursuant to section 1343.
``(2) Pro se representation.--A plaintiff may not proceed
pro se in an action brought under this section.
``(3) Injunctive relief.--A court may not enjoin any
official action as a remedy under this section.
``(4) Campaign contributions.--
``(A) In general.--A plaintiff may not bring an
action under this section on the basis of a defendant's
contributions to a political committee, principal
campaign committee, or authorized committee, as those
terms are defined in section 301 of the Federal
Election Campaign Act of 1971 (section 30101 of title
52).
``(B) Evidence.--Campaign contributions may be
admitted as evidence of the alleged scheme or artifice
to defraud.
``(d) Filing and Procedure.--
``(1) In general.--Upon filing a complaint pursuant to this
section, a plaintiff and the plaintiff's attorney shall affirm
under penalty of perjury that the plaintiff and the plaintiff's
attorney reasonably believe--
``(A) that the factual allegations in the complaint
are true;
``(B) that the complaint is supported by material
evidence and information that is likely admissible in a
trial or will lead to the production of admissible
evidence through civil discovery; and
``(C) that the plaintiff is a qualified plaintiff
and that the plaintiff understands that the plaintiff
has an affirmative obligation to inform the court of
any changes to such qualification.
``(2) Filing.--
``(A) In general.--The complaint shall be filed in
camera, shall remain under seal for not less than 60
days, and shall not be served on the defendant until
the court so orders.
``(B) Service on the government.--Upon filing of a
complaint under subparagraph (B), a copy of the
complaint and a written disclosure of substantially all
material evidence and information the plaintiff
possesses shall be served on the Government.
``(C) Intervening criminal action.--
``(i) In general.--The Government may
intervene and initiate a criminal action not
later than 60 days after receipt of the
complaint and written disclosure under
subparagraph (B).
``(ii) Extension of time under seal.--
``(I) In general.--The Government
may, for good cause shown, move the
court for an extension of the time
during which the complaint remains
under seal.
``(II) Support.--Any motion for an
extension under subclause (I) may be
supported by affidavits or other
submissions in camera.
``(iii) Procedure.--Before the expiration
of the 60-day period or any extension period,
the Government shall--
``(I) proceed with a criminal
prosecution, whether through criminal
complaint or indictment, in which case
the plaintiff's action shall be
dismissed; or
``(II) notify the court and the
plaintiff that the Government declines
to proceed with a criminal prosecution.
``(3) Procedure.--
``(A) Filing of evidence.--If the Government
declines to proceed with a criminal prosecution under
paragraph (2)(C)(iii), the plaintiff shall file with
the court a written disclosure of substantially all
material evidence and information the plaintiff
possesses in support of the complaint not later than 60
days after receipt by the court of the notice required
under paragraph (2)(C)(iii).
``(B) Service on defendant.--If the court
determines that the plaintiff has complied with the
pleading and certification requirements described in
paragraph (1) by a preponderance of the evidence, the
court shall direct the plaintiff to serve the complaint
on the defendant and the court shall unseal the
complaint.
``(C) Dismissal.--If the court determines that the
plaintiff has not complied with the pleading and
certification requirements described in paragraph (1),
the court shall dismiss the complaint with prejudice.
``(e) Damages, Expenses, and Attorney's Fees.--
``(1) Damages.--In a civil action under this section, the
court shall award damages as follows:
``(A) Compensatory damages and bribery damages of 3
times the value of any bribe solicited or accepted by a
liable government official shall be awarded to the
plaintiff.
``(B) Punitive damages shall be deposited in the
Department of Justice Assets Forfeiture Fund
established under section 524(c) of title 28, United
States Code.
``(2) Expenses and attorney's fees.--
``(A) In general.--In a civil action under this
section, the court shall award reasonable expenses
which the court finds to have been necessarily incurred
and reasonable attorney's fees and costs, to be paid by
the defendant.
``(B) Contribution to criminal action.--If a civil
action under this section is dismissed as a result of
the filing of an intervening criminal action by the
Government pursuant to subsection (d)(2)(C) and the
court finds that the plaintiff substantially
contributed to the prosecution of the criminal action,
the court shall award the plaintiff reasonable expenses
which the court finds to have been necessarily incurred
and reasonable attorney's fees and costs, to be paid by
the defendant.''.
(b) Conforming Amendment.--The table of contents for chapter 63 of
title 18, United States Code, is amended by inserting after the item
relating to section 1343 the following:
``1343A. Civil action for fraud by wire, radio, or television by a
government official.''.
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