Clean Up Government Act of 2011

Bill: 112-hr-2572
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2011-07-15 in the House
Policy area: Crime and Law Enforcement
Subjects: Crimes against property
Criminal investigation, prosecution, interrogation
Criminal procedure and sentencing
District of Columbia
Evidence and witnesses
Fraud offenses and financial crimes
Government buildings, facilities, and property
Government employee pay, benefits, personnel management
Government ethics and transparency, public corruption
Government information and archives
Judges
Jurisdiction and venue
Organized crime
Postal service

Summary:
action_date: 2011-07-15
text: 
Clean Up Government Act of 2011 - Amends the federal criminal code to revise and expand prohibitions against bribery, theft of public money, and other public corruption offenses. 

Expands mail and wire fraud statutes to cover offenses involving any other thing of value (e.g., intangible rights and licenses). 

Modifies general venue rules for criminal prosecutions to allow prosecutions in any district in which an act in furtherance of an offense is committed. Reduces from $5,000 to $1,000 the threshold amount for theft or bribery involving federally assisted programs.

Increases the maximum term of imprisonment for: (1) theft or bribery involving federally-assisted programs from 10 to 20 years; (2) theft and embezzlement of federal money, property, or records from 10 to 20 years; (3) bribery of public officials and witnesses from 15 to 20 years; and (4) seeking or accepting anything of value personally for testimony as a witness or for such person's absence from 2 to 5 years. 

Applies the prohibition against embezzlement or theft of federal money or property to government officials and employees of the District of Columbia.

Modifies elements relating to the crime of bribery of public officials and witnesses to prohibit public officials from accepting anything of value, other than what is permitted by rule or regulation of the House of Representatives or the Senate, including those governing the acceptance of campaign contributions, for or because of the official's or person's official position. Expands the definition of &quot;official act.&quot; 

Directs the United States Sentencing Commission to review and amend its guidelines and policy statements relating to public corruption offenses to reflect the intent of Congress that penalties for such offenses be increased.
 
Establishes a statute of limitations of six years for specified public corruption offenses, including extortion, bribery, and racketeering activity that involves bribery chargeable under state law.

Increases to 10 years the maximum term of imprisonment for: (1) solicitation by federal officers and employees of political contributions from other federal officers and employees, (2) promise of employment made possible by an act of Congress for political activity, (3) deprivation of such employment for political activity, (4) intimidation to secure political contributions, (5) solicitation and acceptance of contributions in federal offices, and (6) coercion of political activity by federal employees. 

Includes embezzlement or theft of government money or property, and specified activity relating to major fraud against the United States, as predicates for racketeering prosecutions and wiretaps.

Expands the types of perjury and obstruction of justice offenses for which venue lies in the district in which the official proceeding was intended to be affected or in which the conduct constituting the alleged offense occurred.

Prohibits undisclosed self-dealing by public officials.

Amends the federal: (1) judicial code to permit the disclosure of information regarding a potential criminal offense by a judge to the Department of Justice (DOJ), a federal, state, or local grand jury, or federal, state, or local law enforcement agents; and (2) criminal code to permit certain certifications regarding appeals by the United States to be made by the Deputy Attorney General, Assistant Attorney General, or the Attorney General. 

action_date: 2012-09-21
text: 
Clean Up Government Act of 2011 - Amends the federal criminal code to revise and expand prohibitions against bribery, theft of public money, and other public corruption offenses. 
 
(Sec. 2) Modifies general venue rules for criminal prosecutions to allow prosecutions in any district in which an act in furtherance of an offense is committed. 
 
(Sec. 3) Increases the maximum term of imprisonment for theft or bribery involving federally assisted programs from 10 to 20 years. Reduces from $5,000 to $1,000 the threshold amount for bribery offenses.
 
(Sec. 4) Increases the maximum term of imprisonment for theft and embezzlement of public property or records from 10 to 15 years.
 
(Sec. 5) Increases the maximum term of imprisonment for: (1) bribery of public officials and witnesses from 15 to 20 years, and (2) seeking or accepting anything of value personally for testimony as a witness or for such witness's absence from 2 to 5 years. 
 
Modifies elements relating to the crime of bribery of public officials and witnesses to prohibit public officials from accepting any thing or things of value, other than what is permitted by rule or regulation of the House of Representatives or the Senate, including those rules and regulations governing the acceptance of campaign contributions. 
 
.Modifies the crime of illegal gratuities to require: (1) knowledge that a gratuity is being received by or given to a public official because of his or her position or status, and (2) that such gratuity has a value of not less than $1,000.
 
(Sec. 6) Extends the prohibition against the theft or embezzlement of public property or records to property or records of the District of Columbia. 
 
(Sec. 7) Expands the crime of illegal gratuities to include gratuities given to a public official because of such official's position.
 
(Sec. 8) Expands the definition of &quot;official act,&quot; for purposes of the prohibition against bribery, to include conduct that falls within the range of official duties of the public official, which may be more than a single act or a course of conduct.

(Sec. 9) Directs the United States Sentencing Commission to review and, if appropriate, amend its guidelines and policy statements relating to public corruption offenses to reflect the intent of Congress that penalties for such offenses meet the requirements of this Act.
 
(Sec. 10) Extends the statute of limitations for specified public corruption offenses, including extortion, bribery, and racketeering activity that involves bribery chargeable under state law, to six years.
 
(Sec. 11) Increases the maximum term of imprisonment for: (1) solicitation by federal officers and employees of political contributions from other federal officers and employees (from three to five years), (2) promise of employment as a reward for political activity (from one to three years), (3) deprivation of such employment for political activity (from one to three years), (4) intimidation to secure political contributions (from three to five years), (5) solicitation and acceptance of contributions in federal offices (from three to five years), and (6) coercion of political activity by federal employees (from three to five years). 

(Sec. 12) Includes as predicates for authorizing wiretaps the crimes of: (1) embezzlement or theft of public money, property, or records; (2) theft or bribery concerning programs that receive public funds; and (3) defrauding the United States.
 
(Sec. 13) Allows expanded venue (i.e., in the district in which the alleged offense occurred or in which the official proceeding was intended to be affected) for additional obstruction of justice offenses, including influencing or threatening a grand or petit juror or officer, obstructing proceedings before departments, agencies, and committees, and obstruction of a court order or a criminal investigation. Allows expanded venue for the prosecution of specified perjury offenses to include either the district in which the oath, declaration, certificate, verification, or statement under penalty of perjury is made or in which a proceeding takes place. 
 
(Sec. 14) Prohibits undisclosed self-dealing by public officials.
 
(Sec. 15) Amends the federal judicial code to permit the disclosure of information in a complaint against a judge regarding a potential criminal offense to the Attorney General, a federal, state, or local grand jury, or a federal, state, or local law enforcement agency.
 
(Sec. 16) Excludes from the term &quot;anything of value,&quot; as applied in the bribery provisions of the federal criminal code, a bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business (thus limiting such exclusion to bribery provisions and rendering it inapplicable to other theft provisions concerning programs receiving federal funds). 
 
(Sec. 17) Amends the federal criminal code to permit the Deputy Attorney General, Assistant Attorney General, or the Attorney General to make certifications regarding appeals from district court orders suppressing or excluding evidence or requiring the return of seized property (currently, such certifications are made by a U.S. attorney only). 


Legislative actions:
action_date: 2012-09-21
text: Placed on the Union Calendar, Calendar No. 499.
action_date: 2012-09-21
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-688.
action_date: 2012-09-21
text: Reported (Amended) by the Committee on Judiciary. H. Rept. 112-688.
action_date: 2011-12-01
text: Ordered to be Reported (Amended) by the Yeas and Nays: 30 - 0.
action_date: 2011-12-01
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-11-20
text: Subcommittee on Crime, Terrorism, and Homeland Security Discharged.
action_date: 2011-07-26
text: Subcommittee Hearings Held.
action_date: 2011-07-22
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2011-07-15
text: Referred to the House Committee on the Judiciary.
action_date: 2011-07-15
text: Introduced in House
action_date: 2011-07-15
text: Introduced in House