From Overcriminalized.com:
Table of Contents
New:
H.R. 6298: Protecting Adoption and Promoting Responsible Fatherhood Act of 2010
H.R. 6378: Fighting Fraud and Abuse to Save Taxpayers' Dollars (FAST) Act
H.R. 6391:
Updates:
H.R. 3619: Coast Guard Authorization Act of 2010
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H.R. 6298: Protecting Adoption and Promoting Responsible Fatherhood Act of 2010
Sponsor: Richardson (D - CA)
Official Title: A bill to establish national and state putative father registries, to make grants to states to promote permanent families for children and responsible fatherhood, and for other purposes.
Status:
9/29/2010: Introduced in House
9/29/2010: Referred to House Ways and Means Committee
Commentary: This bill would require the Secretary of the Department of Health and Human Services to establish a national putative father registry and provide grants to states to enable them to establish registries at the state level. By accepting a grant, a state would commit to developing a plan that includes setting up a statewide registry and meets specified statutory requirements. Those requirements would include the state's agreement to adopt a criminal law that makes knowingly submitting false information to the state's registry the highest class of misdemeanor under that state's criminal code.
H.R. 6378: Fighting Fraud and Abuse to Save Taxpayers' Dollars (FAST) Act
Sponsor: Roskam (R - IL)
Official Title: A bill to reduce waste, fraud and abuse under Medicare, Medicaid, and CHIP programs, and for other purposes.
Status:
9/29/2010: Introduced in House
9/29/2010: Referred to House Energy and Commerce Committee
9/29/2010: Referred to House Judiciary Committee
9/29/2010: Referred to House Ways and Means Committee
Commentary: This bill is a counterpart to S. 3900. H.R. 6378 would make illicit sales and purchases of Medicare, Medicaid, or CHIP beneficiary identification numbers 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 increased to $1 million. H.R. 6378's 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. 6391:
Sponsor: Weiner (D - NY)
Official Title: A bill to amend Title 18, United States Code, to prohibit public officials from engaging in undisclosed self-dealing.
Status:
9/29/2010: Introduced in House
9/29/2010: Referred to House Judiciary Committee
Commentary: This bill parallels S. 3854 with a few significant differences. The 23-year-old federal "honest services" fraud statute, 18 U.S.C. § 1346, makes it a federal crime to engage in a "scheme or artifice to defraud another of the intangible right of honest services." The maximum term of incarceration for whatever conduct is deemed to violate this uncommonly broad prohibition has been set at 20 years (30 years if the violation "affects" any financial institution). In June 2010, the Supreme Court held that the language of the "honest services" fraud statute is unconstitutionally vague and limited its reach to acts involving bribery or kickbacks. In that ruling, the Court rejected the government's suggestion that it construe § 1346 to include officials or employees who take actions that incidentally further their own financial interests. Attempting to reverse this holding, H.R. 6391 would punish any public official who is involved in a "scheme or artifice . . . to engage in undisclosed self-dealing" under the provisions of § 1346. By applying exclusively to public officials, the bill has a slightly narrower reach than S. 3854, which applies to officers and directors of publicly-traded corporations and private charities, as well as public officials. Much like the statute that the Supreme Court just struck down, however, the mental state (mens rea or "criminal intent") that the government would have to prove is essentially undefined. Moreover, H.R. 6391 contains an uncommonly broad definitions of "undisclosed self-dealing" which includes, for example, "benefiting or furthering a financial interest" of specified persons or businesses. While nominally narrower in scope than S. 3854, H.R. 6391's formulation remains improperly broad and still subjects violators to a potential prison term of up to 20 years (30 years if the violation "affects" a financial institution).
H.R. 3619: Coast Guard Authorization Act of 2010
Sponsor: Oberstar (D - MN)
Official Title: A bill to authorize appropriations for the Coast Guard for fiscal year 2010, and for other purposes.
Status:
9/22/2009: Introduced
9/22/2009: Referred to House Transportation and Infrastructure Committee
10/16/2009: Referred to House Homeland Security Committee
10/23/2009: House Passage
10/26/2009: Received in Senate
5/7/2010: Senate Passage
10/4/2010: Sent to President
10/15/2010: Signed by the President
Commentary: As enacted, this bill contains provisions banning the manufacture, sale, distribution, and use of organotin, a chemical compound based on tin and hydrocarbon substituents, in the anti-fouling systems of ships. A knowing violation of this prohibition would be punishable by imprisonment for up to 6 years, a fine as authorized by Title 18 of the U.S. Code, or both. The bill also amends 18 U.S.C. §2237(b), which provides for criminal penalties for the failure to heave to or the obstruction of boarding by federal law enforcement officials. As amended, a knowing violation of § 2237(b) that results in death or that involves a kidnapping or commission of aggravated sexual abuse will be punishable by imprisonment for life, a fine as authorized by Title 18 of the U.S. Code, or both. If the violation results in serious bodily injury or involves the knowing transportation of illegal aliens under inhumane conditions, the maximum term of imprisonment will be 15 years. Any other knowing violations will be punishable by imprisonment by up to 5 years, a fine, or both. The provisions of the Cruise Vessel Security and Safety Act and the Alien Smuggling and Terrorism Prevention Act that were included in earlier versions of this bill do not appear in the bill that Congress sent to the President for signature.
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