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Opening Statement on "Clean up Government Act"

Washington, Dec 1 -

Statement of Crime Subcommittee Chairman F. James Sensenbrenner, Jr.

Full Committee Markup of H.R 2572, the “Clean Up Government Act of 2011

In July, the Crime Subcommittee held a hearing to examine gaps in our federal corruption laws that limit their effectiveness and allow corruption to persist. 

If elected officials decide to profit from the trust they hold with their constituents, then the foundation of our democracy is weakened.  We as lawmakers must ensure that prosecutors and investigators have the tools they need to fully and effectively address public corruption.

I, along with my colleague from Illinois, Mr. Quigley introduced H.R. 2572, the Clean Up Government Act of 2011, to strengthen our public corruption laws by restoring some of the prosecutorial tools that have been eroded by the courts.

One such erosion was the Supreme Court’s decision in Skilling v. United States. In Skilling, the Court held that the federal honest services fraud statute does not apply to prosecutions involving undisclosed self- dealing by a public official, but instead only to cases that involve traditional bribery or kickback schemes.   Many instances of public corruption do not involve a quid-pro- quo bribery or extortion scenario, but rather public officials who exploit their positions and influence to obtain benefit from an undisclosed financial interest in a matter.

 H.R. 2572 addresses the Skilling decision by clarifying in the criminal code that a “scheme or artifice to defraud” includes a “scheme or artifice by a public official to engage in undisclosed self dealing.” 

The bill also clarifies the law with regards to public officials who receive gratuities simply because of their official position.  The bill amends the definition of “official act” to include conduct that falls within the range of official duties of a public official, not limiting official acts to just decisions or actions on a matter that are pending before a public official.

 The bill also enhances other existing federal statutes used to fight and deter public corruption…all aimed at ensuring that public corruption and related offenses are effectively addressed.

At our hearing in July, the Justice Department properly summed up the need for this legislation: “Our citizens are entitled to know that their public servants are making their official decisions based on the best interests of the citizens who elect them and pay their salaries, and not based on bribes, extortion, or a public official’s own hidden financial interests.”



When FBI Director Robert Mueller testified before this Committee in March of this year, he testified that “the FBI recognizes that fighting public corruption is vital to preserving our democracy, protecting our borders, and securing our communities. Indeed, public corruption remains our top criminal priority.”

People can differ on how much government is too much government, or how the government should impact their daily lives, but every citizen expects and deserves an honest government.

Some argue that votes at the ballot box or an oath of office are sufficient to hold a public official accountable to their constituents.  Sadly, we have too many examples of public corruption to know these methods are not sufficient.  Corrupt officials do not broadcast their illegal acts or make them known to their constituencies. 

Even the most informed voters are often unaware of ongoing corruption by public officials.  Robust investigations and prosecutions are a necessary function to ensure an honest government.

H.R. 2572 enjoys support from diverse groups including the FBI Agents Association, the National Tax Payers Union, the Campaign Legal Center, Citizens for Responsibility and Ethics in Washington, and others.

There is bipartisan support in both the House and Senate for reforming our federal public corruption laws. It is no secret that public approval ratings for the U.S. Congress are currently low; the public is watching and expects the laws and penalties that address the conduct of public officials to be tough.

I urge my colleagues to support the bill.