Overcriminalized.com Legislative Update

from Overcriminalized.com:

Table of Contents




New:



H.R. 6497: Development, Relief and Education for Alien Minors (DREAM) Act of 2010

Updates:



S. 3806: Secure Employee Competency and Updating Readiness Enhancements for (SECURE) Facilities Act of 2010

S. 2782: Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act



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H.R. 6497: Development, Relief and Education for Alien Minors (DREAM) Act of 2010



Sponsor: Berman (D - CA)



Official Title: A bill to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, and for other purposes.



Status:

12/7/2010: Introduced in House

12/7/2010: Referred to House Judiciary Committee

12/7/2010: Referred to House Armed Services Committee

12/7/2010: Referred to House Ways and Means Committee

12/7/2010: Referred to House Education and Labor Committee

12/7/2010: Referred to House Homeland Security Committee



Commentary: This bill is another version of the DREAM Act (see S. 729, S. 3962, S. 3963, S. 3992, H.R. 1751, H.R. 5281, and H.R. 6327), which would grant legal status to certain illegal aliens who attend college in the United States or serve in a branch of the U.S. armed forces. Like S. 3963, S. 3992, and H.R. 5281, this bill would grant its benefits only to those persons who are under 30 years of age at the time of legislative passage. This most-recent edition of the Act does not contain language that would restore the ability of illegal aliens to receive in-state tuition benefits. It likewise makes no changes to the new criminal penalties for false statements announced in previous iterations of the legislation. H.R. 6497 would impose criminal penalties on anyone who files an application for relief under the Act who "willfully and knowingly falsifies, misrepresents, or conceals a material fact or makes any false or fraudulent statement or representation" in conjunction with their application. Violations of this provision are punishable by up to 5 years imprisonment, fines in accordance with Title 18 of the U.S. Code, or both. This new criminal offense would be duplicative of, and uses substantially similar language to, the general federal "false statements" statute (18 U.S.C. § 1001).





S. 3806: Secure Employee Competency and Updating Readiness Enhancements for (SECURE) Facilities Act of 2010



Sponsor: Lieberman (I - CT)



Official Title: A bill to protect federal employees and visitors, improve the security of federal facilities and authorize and modernize the Federal Protective Service.



Status:

9/20/2010: Introduced in Senate

9/20/2010: Referred to Senate Homeland Security and Governmental Affairs Committee

12/10/2010: Reported to Senate with an amendment in the nature of a substitute by Senate Homeland Security and Governmental Affairs Committee

12/10/2010: Placed on Senate calendar



Commentary: This bill includes provisions that would amend 40 U.S.C. § 1315. It would authorize the Secretary of the Department of Homeland Security to issue regulations deemed necessary to protect and administer property owned or occupied by the federal government and persons on that property. An individual who violates any of those regulations would be subject to imprisonment for up to 30 days, a fine as authorized by Title 18 of the U.S. Code, or both.





S. 2782: Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act



Sponsor: McCaskill (D - MO)



Official Title: To provide personal jurisdiction in causes of action against contractors of the United States performing contracts abroad with respect to members of the Armed Forces, civilian employees of the United States, and United States citizen employees of companies performing work for the United States in connection with contractor activities, and for other purposes.



Status:

11/17/2009: Introduced in Senate

11/17/2009: Referred to Senate Homeland Security and Governmental Affairs Committee

4/28/2010: Mark up in the Senate Homeland Security and Governmental Affairs Committee

4/28/2010: Reported to Senate

12/9/2010: Reported to Senate with an amendment in the nature of a substitute by Senate Homeland Security and Governmental Affairs Committee

12/9/2010: Placed on Senate calendar



Commentary: This bill would require the Federal Acquisition Regulation to be amended to impose the quasi-criminal penalty of debarment or suspension upon federal contractors for evading service of process in civil actions or criminal prosecutions, or for refusing or failing to appear in federal court in actions brought against them by the United States, its citizens or its nationals "in connection with the performance of a contract." The bill would also require the Federal Acquisition Regulation to be amended to require contractors performing federal contracts of $1 million or more outside the United States to consent at the time of contracting to personal jurisdiction in U.S. courts with respect to any future criminal prosecutions and civil actions "brought by the United States alleging wrongdoing."