,,ii #aaith ,,congress #b;d ,session ,s4 #eeaa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bd1 #bjbf,mr4 ,kim 7for himself and ,mr4 ,booker7 introduced the following bill2 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 officials4 #a4 ,short title ,this ,act may be cited as the ,honest ,services ,fraud ,improvement ,act4 #b4 ,civil action 7a7 ,in general ,chapter #fc of title #ah1 ,united ,states ,code1 is amended by inserting after section #acdc the following3 #acdc;,a4 ,civil action for fraud by wire1 radio1 or television by a ,government official 7a7 ,definitions ,in this section3 7#a7 ,government official ,the term government official means-- 7,a7 a public official1 as defined by section #bja7;a77#a72 7,b7 any person who has been selected to be a public official1 as defined by section #bja7;a77#b72 or 7,c7 any agent of a ,state1 local1 or ,tribal government1 or any agency thereof1 as defined by section #fff7;d71 where the alleged scheme or artifice to defraud satisfies the commerce1 mail1 travel1 or interstate wire requirement of a criminal action brought under section #acda1 #acdb1 #aiea1 or #aieb4 7#b7 ,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 defraud1 and who throughout the action's pendency-- 7,a7 is not a candidate for elected office2 and 7,b7 is not1 directly or indirectly1 conducting the action on behalf of1 in coordination with1 or using funding from a candidate for elected office1 a campaign committee organized under ,federal or ,state law1 or a legal defense fund of a candidate for elected office4 7#c7 ,scheme or artifice to defraud ,the term scheme or artifice to defraud has the meaning given the term in section #acdf4 7b7 ,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 7e74 7c7 ,limitations 7#a7 ,statute of limitations ,an action may be brought under this section not later than #a year after the date on which the plaintiff discovers or reasonably should have discovered the alleged scheme or artifice to defraud1 and in no case later than the last date on which a criminal charge may be filed pursuant to section #acdc4 7#b7 ,pro se representation ,a plaintiff may not proceed pro se in an action brought under this section4 7#c7 ,injunctive relief ,a court may not enjoin any official action as a remedy under this section4 7#d7 ,campaign contributions 7,a7 ,in general ,a plaintiff may not bring an action under this section on the basis of a defendant's contributions to a political committee1 principal campaign committee1 or authorized committee1 as those terms are defined in section #cja of the ,federal ,election ,campaign ,act of #aiga 7section #cjaja of title #eb74 7,b7 ,evidence ,campaign contributions may be admitted as evidence of the alleged scheme or artifice to defraud4 7d7 ,filing and procedure 7#a7 ,in general ,upon filing a complaint pursuant to this section1 a plaintiff and the plaintiff's attorney shall affirm under penalty of perjury that the plaintiff and the plaintiff's attorney reasonably believe-- 7,a7 that the factual allegations in the complaint are true2 7,b7 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 discovery2 and 7,c7 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 qualification4 7#b7 ,filing 7,a7 ,in general ,the complaint shall be filed in camera1 shall remain under seal for not less than #fj days1 and shall not be served on the defendant until the court so orders4 7,b7 ,service on the ,government ,upon filing of a complaint under subparagraph 7,b71 a copy of the complaint and a written disclosure of substantially all material evidence and information the plaintiff possesses shall be served on the ,government4 7,c7 ,intervening criminal action 7i7 ,in general ,the ,government may intervene and initiate a criminal action not later than #fj days after receipt of the complaint and written disclosure under subparagraph 7,b74 7ii7 ,extension of time under seal 7,i7 ,in general ,the ,government may1 for good cause shown1 move the court for an extension of the time during which the complaint remains under seal4 7,,ii7 ,support ,any motion for an extension under subclause 7,i7 may be supported by affidavits or other submissions in camera4 7iii7 ,procedure ,before the expiration of the #fj-;day period or any extension period1 the ,government shall-- 7,i7 proceed with a criminal prosecution1 whether through criminal complaint or indictment1 in which case the plaintiff's action shall be dismissed2 or 7,,ii7 notify the court and the plaintiff that the ,government declines to proceed with a criminal prosecution4 7#c7 ,procedure 7,a7 ,filing of evidence ,if the ,government declines to proceed with a criminal prosecution under paragraph 7#b77;,c77iii71 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 #fj days after receipt by the court of the notice required under paragraph 7#b77;,c77iii74 7,b7 ,service on defendant ,if the court determines that the plaintiff has complied with the pleading and certification requirements described in paragraph 7#a7 by a preponderance of the evidence1 the court shall direct the plaintiff to serve the complaint on the defendant and the court shall unseal the complaint4 7,c7 ,dismissal ,if the court determines that the plaintiff has not complied with the pleading and certification requirements described in paragraph 7#a71 the court shall dismiss the complaint with prejudice4 7e7 ,damages1 expenses1 and attorney's fees 7#a7 ,damages ,in a civil action under this section1 the court shall award damages as follows3 7,a7 ,compensatory damages and bribery damages of #c times the value of any bribe solicited or accepted by a liable government official shall be awarded to the plaintiff4 7,b7 ,punitive damages shall be deposited in the ,department of ,justice ,assets ,forfeiture ,fund established under section #ebd7;c7 of title #bh1 ,united ,states ,code4 7#b7 ,expenses and attorney's fees 7,a7 ,in general ,in a civil action under this section1 the court shall award reasonable expenses which the court finds to have been necessarily incurred and reasonable attorney's fees and costs1 to be paid by the defendant4 7,b7 ,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 7d77#b77;,c7 and the court finds that the plaintiff substantially contributed to the prosecution of the criminal action1 the court shall award the plaintiff reasonable expenses which the court finds to have been necessarily incurred and reasonable attorney's fees and costs1 to be paid by the defendant4 4 7b7 ,conforming amendment ,the table of contents for chapter #fc of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #acdc the following3 #acdc;,a4 ,civil action for fraud by wire1 radio1 or television by a government official4 4