Overcriminalized.com Legislative Update Summary

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Table of Contents




New:



S. 3900: Fighting Fraud and Abuse to Save Taxpayers' Dollars (FAST) Act

H.R. 6252: Responsible Electronics Recycling Act

H.R. 6260:



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S. 3900: Fighting Fraud and Abuse to Save Taxpayers' Dollars (FAST) Act



Sponsor: Coburn (R - OK)



Official Title: A bill to reduce waste, fraud and abuse under the Medicare, Medicaid, and CHIP programs, and for other purposes.



Status:

9/29/2010: Introduced in Senate

9/29/2010: Referred to Senate Finance Committee



Commentary: This bill would make illicit sales and purchases of a Medicare, Medicaid or CHIP beneficiary identification number or billing privileges punishable by up to 10 years in prison, a fine of up to $500,000, or both. If the violator is a corporation, the maximum fine would be $1 million. Its protective mens rea (guilty-mind or criminal-intent) requirement restricts criminal punishment to those who act "knowingly, intentionally, and with the intent to defraud."





H.R. 6252: Responsible Electronics Recycling Act



Sponsor: Green (D - TX)



Official Title: A bill to prohibit the export from the United States of certain electronic waste, and for other purposes.



Status:

9/29/2010: Introduced in House

9/29/2010: Referred to House Energy and Commerce Committee



Commentary: This bill would amend the Solid Waste Disposal Act to define the forms of electronic waste that could no longer be exported to countries other than members of the Organization for Economic Cooperation and Development, members of the European Union, or Liechtenstein. As set forth in 42 U.S.C. § 6928(d), anyone knowingly exporting restricted electronic waste would, upon first conviction, be subject to imprisonment for up to 2 years, a fine of up to $5,000 per day of violation, or both. Penalties would be doubled for subsequent convictions.





H.R. 6260:



Sponsor: Waters (D - CA)



Official Title: A bill to amend the Real Estate Settlement Procedures Act of 1974 to prohibit certain transfer fees and covenants in connection with the sale of real property.



Status:

9/29/2010: Introduced in House

9/29/2010: Referred to House Financial Services Committee



Commentary: This bill would amend the Real Estate Settlement Procedures Act of 1974 (RESPA) to prohibit, subject to certain specified exclusions, any person from demanding or accepting a transfer fee pursuant to a covenant recorded in any state if the transfer involves a federally-related mortgage loan. A transfer fee covenant would be defined as a contractual provision involving the transfer of real property that runs with the land and obligates the transferor or transferee of some or all of the property to pay a fee to a third party on that transfer. The violation of this prohibition would be subject to imprisonment for up to 1 year, a fine of up to $10,000, or both.





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