[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2438 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2438

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2007

   Mr. Jordan of Ohio (for himself and Mr. Ellsworth) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


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

    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 ``Clean Up Government Act of 2007''.

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''.

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:
    ``(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.''.
    (b) Conforming Amendments.--
            (1) Section heading.--The heading for section 3237 of title 
        18, United States Code, is amended to read as follows:
``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:

``3237. Offense taking place in more than one district.''.

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''.

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''.

SEC. 6. BRIBERY AND GRAFT.

    Section 201 of title 18, United States Code, is amended--
            (1) in subsection (b), by striking ``fifteen years'' and 
        inserting ``30 years''; and
            (2) in subsection (c), by striking ``two years'' and 
        inserting ``five years''.

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''.

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''.

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''.

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.
    (b) Requirements.--In carrying out this subsection, the Commission 
shall--
            (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;
            (2) Consider the extent to which the guidelines may or may 
        not appropriately account for.--
                    (A) the potential and actual harm to the public and 
                the amount of any loss resulting from the offense;
                    (B) the level of sophistication and planning 
                involved in the offense;
                    (C) whether the offense was committed for purposes 
                of commercial advantage or private financial benefit;
                    (D) whether the defendant acted with intent to 
                cause either physical or property harm in committing 
                the offense;
                    (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; and
                    (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;
            (3) assure reasonable consistency with other relevant 
        directives and with other sentencing guidelines;
            (4) account for any additional aggravating or mitigating 
        circumstances that might justify exceptions to the generally 
        applicable sentencing ranges;
            (5) make any necessary conforming changes to the sentencing 
        guidelines; and
            (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.
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