HR 1825 IHCommentsClose CommentsPermalink

To amend title 18, United States Code, to deter public corruption.CommentsClose CommentsPermalink

March 31, 2009CommentsClose CommentsPermalink

Mr. JORDAN of Ohio (for himself and Mr. ELLSWORTH) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To amend title 18, United States Code, to deter public corruption.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Clean Up Government Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. APPLICATION OF MAIL AND WIRE FRAUD STATUTES TO LICENCES AND OTHER INTANGIBLE RIGHTS.

Sections 1341 and 1343 of title 18, United States Code, are each amended by striking ‘money or property’ and inserting ‘money, property, or any other thing of value’.CommentsClose CommentsPermalink

SEC. 3. VENUE FOR FEDERAL OFFENSES.

(a) Venue Includes Any District in Which Conduct in Furtherance of an Offense Takes Place- Subsection (a) of section 3237 of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(a) Except as otherwise provided by law, an offense against the United States may be inquired of and prosecuted in any district in which any conduct required for, or any conduct in furtherance of, the offense took place, or in which the offense was completed.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) SECTION HEADING- The heading for section 3237 of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink

‘Sec. 3237. Offense taking place in more than one district’.

(2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 211 of title 18, United States Code, is amended so that the item relating to section 3237 reads as follows:CommentsClose CommentsPermalink





‘3237. Offense taking place in more than one district.’.CommentsClose CommentsPermalink

SEC. 4. THEFT OR BRIBERY CONCERNING PROGRAMS RECEIVING FEDERAL FINANCIAL ASSISTANCE.

Section 666(a) of title 18, United States Code, is amended by striking ‘ten years’ and inserting ‘20 years’.CommentsClose CommentsPermalink

SEC. 5. PENALTY FOR SECTION 641 VIOLATIONS.

Section 641 of title 18, United States Code, is amended by striking ‘ten years’ and inserting ‘20 years’.CommentsClose CommentsPermalink

SEC. 6. BRIBERY AND GRAFT.

Section 201 of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘fifteen years’ and inserting ‘30 years’; andCommentsClose CommentsPermalink





(2) in subsection (c), by striking ‘two years’ and inserting ‘five years’.CommentsClose CommentsPermalink

SEC. 7. ADDITION OF DISTRICT OF COLUMBIA TO THEFT OF PUBLIC MONEY OFFENSE.

Section 641 of title 18, United States Code, is amended by inserting ‘the District of Columbia or’ before ‘the United States’.CommentsClose CommentsPermalink

SEC. 8. CLARIFICATION OF CRIME OF ILLEGAL GRATUITIES.

Paragraphs (A) and (B) of section 201(c)(1) of title 18, United States Code, are each amended by inserting ‘the official’s official position or’ before ‘any official act’.CommentsClose CommentsPermalink

SEC. 9. CLARIFICATION OF DEFINITION OF ‘OFFICIAL ACT’.

Section 201(a)(3) of title 18, United States Code, is amended by striking ‘any decision’ and all that follows through ‘profit’ and inserting ‘any decision or action within the range of official duty of a public official’.CommentsClose CommentsPermalink

SEC. 10. AMENDMENT OF THE SENTENCING GUIDELINES RELATING TO CERTAIN CRIMES.

(a) Directive to Sentencing Commission- Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission forthwith shall review and amend its guidelines and its policy statements applicable to persons convicted of an offense under sections 201, 641, 666, 1962 of title 18, United States Code in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by guidelines and policy statements.CommentsClose CommentsPermalink





(b) Requirements- In carrying out this subsection, the Commission shall--CommentsClose CommentsPermalink





(1) ensure that the sentencing guidelines and policy statements reflect Congress’ intent that the guidelines and policy statements reflect the serious nature of the offenses described in paragraph (1), the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such offenses.CommentsClose CommentsPermalink





(2) CONSIDER THE EXTENT TO WHICH THE GUIDELINES MAY OR MAY NOT APPROPRIATELY ACCOUNT FOR-CommentsClose CommentsPermalink





(A) the potential and actual harm to the public and the amount of any loss resulting from the offense;CommentsClose CommentsPermalink





(B) the level of sophistication and planning involved in the offense;CommentsClose CommentsPermalink





(C) whether the offense was committed for purposes of commercial advantage or private financial benefit;CommentsClose CommentsPermalink





(D) whether the defendant acted with intent to cause either physical or property harm in committing the offense;CommentsClose CommentsPermalink





(E) the extent to which the offense represented an abuse of trust by the offender and was committed in a manner that undermined public confidence in the Federal, State or local government; andCommentsClose CommentsPermalink





(F) whether the violation was intended to or had the effect of creating a threat to public health or safety, injury to any person or even death;CommentsClose CommentsPermalink





(3) assure reasonable consistency with other relevant directives and with other sentencing guidelines;CommentsClose CommentsPermalink





(4) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;CommentsClose CommentsPermalink





(5) make any necessary conforming changes to the sentencing guidelines; andCommentsClose CommentsPermalink





(6) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code.CommentsClose CommentsPermalink