Clean Up Government Act of 2011

Bill: 112-hr-1793
Sponsor: Rep. Sensenbrenner, F. James, Jr. [R-WI-5]
Introduced: 2011-05-05 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: 2011-05-05
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. 
 
Increases the maximum term of imprisonment from: (1) 10 to 20 years for theft or bribery involving federally-assisted programs; (2) 10 to 20 years for theft and embezzlement of federal money, property, or records; (3) 15 to 20 years for bribery of public officials; and (4) 2 to 5 years for providing gratuities because of an official's or person's official position or for any official act, or for bribery of a witness at a trial, hearing, or other proceeding before any court, any committee of Congress, or any U.S. agency, commission, or officer. Expands the definition of &quot;official act&quot; to include any act within the range of official duty, including any recommendation, which may be a single act, more than one act, or a course of conduct, and which may include a decision or recommendation that a government should not take action.
 
Applies the prohibition against embezzlement or theft of federal money or property to government officials and employees of the District of Columbia.
 
Directs the United States Sentencing Commission to review and amend its guidelines and policy statements relating to public corruption and racketeering offenses to reflect the intent of Congress that penalties for such offenses be increased.
 
Establishes a 10-year limitation period for the prosecution of public corruption crimes involving bribery, extortion, theft of government property, mail fraud, and racketeering.
 
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.
 
 Includes as a prohibited scheme or artifice to defraud any scheme or artifice by a public official to engage in undisclosed self-dealing, as defined in this Act.
 
Amends the federal 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.
 
Permits the U.S. attorney, Deputy Attorney General, Assistant Attorney General, or the Attorney General (currently, only the U.S. attorney) to certify to the district court that an appeal by the United States is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding.


Legislative actions:
action_date: 2011-05-23
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2011-05-05
text: Referred to the House Committee on the Judiciary.
action_date: 2011-05-05
text: Introduced in House
action_date: 2011-05-05
text: Introduced in House