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H.R. 190: Protecting America's Workers Act
H.R. 109: Voter Opportunity and Technology Enhancement Rights Act of 2011
H.R. 107: Caging Prohibition Act of 2011
H.R. 106: Public Official Accountability Act
H.R. 98: Illegal Immigration Enforcement and Social Security Protection Act
H.R. 44: Guam World War II Loyalty Recognition Act
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H.R. 190: Protecting America's Workers Act
Sponsor: Woolsey (D - CA)
Official Title: A bill to amend the Occupational Safety and Health Act of 1970 to expand coverage under the Act, to increase protections for whistleblowers, to increase penalties for high gravity violations, to adjust penalties for inflation, to provide rights for victims or their family members, and for other purposes.
Status:
1/5/2011: Introduced in House
1/5/2011: Referred to House Education and the Workforce Committee
Commentary: This bill seeks to amend the Occupational Safety and Health Act of 1970 (OSHA) to broaden the scope of the legislation, increase the protections for individuals deemed to be "whistleblowers," and increase the civil and criminal penalties for OSHA violations. Specifically, H.R. 190 revises the language of Section 17 of OSHA (29 U.S.C. Section 666) to provide greater criminal penalties for employers who knowingly violate any standard, rule, or order promulgated under OSHA, or any regulation prescribed under OSHA. This lowers the level of criminal intent required for criminal sanction under OSHA from its current "willfully" standard. For violations causing or significantly contributing to the death of an employee, the bill would provide for criminal sanctions of up to 20 years imprisonment, fines under Title 18 of the U.S. Code, or both. This compares to the six months imprisonment currently authorized under section 666 of Title 29, U.S. Code. For violations causing or significantly contributing to the serious bodily harm of an employee, the bill would provide for criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. code, or both. This would be a new avenue for criminal liability under section 666 of Title 29, U.S.Code. H.R. 190 would also increase the criminal penalty for knowingly impeding or interfering with an OSHA inspection through the provision of advance notice to an employer. A violation previously punishable by up to six months imprisonment, a fine of up to $1,000, or both, would now be subject to up to five years imprisonment, a fine of up to $10,000, or both.
H.R. 109: Voter Opportunity and Technology Enhancement Rights Act of 2011
Sponsor: Conyers (D - MI)
Official Title: A bill to establish a national commission on presidential war powers and civil liberties.
Status:
1/5/2011: Introduced in House
1/5/2011: Referred to House Armed Services Committee
1/5/2011: Referred to House Judiciary Committee
1/5/2011: Referred to House Foreign Affairs Committee
1/5/2011: Referred to House Select Intelligence Committee
Commentary: This bill is a comprehensive attempt to reform Federal election procedures, administration, and standards, and implement stronger penalties associated with activities such as what it characterizes as "voter caging," voter intimidation, hindering or interfering with voting or registration, or making false statements regarding federal elections or election endorsements. The "voter caging" provisions of H.R. 109 mirror those introduced in H.R. 107 and provide for criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both, for each individual violation. H.R. 109 also increases the penalty for "intimidation of voters" under Section 594 of Title 18 of the U.S. Code to allow for criminal sanctions of up to five years imprisonment, fines under Title 18, or both. In addition, the bill seeks to criminalize false statements or "attempted" false statements regarding Federal elections by prohibiting the communication of "materially false information" regarding "the time or place of holding any election for Federal office" or "the qualifications for, or restrictions on eligibility of, a voter in an election for Federal office." Violations of this provision are punishable by criminal penalties of up to five years of imprisonment, fines under Title 18 of the U.S. Code, or both. Finally, H.R. 109 seeks to criminalize actions that "corruptly hinder, interfere with, or prevent another person from voting, registering to vote, or aiding another person in voting or register to vote" in a Federal election. The bill provides no definitions for the criminal-intent standard "corruptly" or for what activities would qualify as hindering, interfering, or preventing.
H.R. 107: Caging Prohibition Act of 2011
Sponsor: Conyers (D - MI)
Official Title: A bill to amend Title 18, United States Code, to prevent the election practice known as caging, and for other purposes.
Status:
1/5/2011: Introduced in House
1/5/2011: Referred to House Judiciary Committee
Commentary: This bill seeks to prohibit, subject to certain exceptions, state or local election officials from preventing apparently unqualified individuals from registering for or voting in Federal elections and to prohibit certain formal challenges under state law to an individual's registration status or eligibility to vote. H.R. 107 specifically targets what it characterizes as "voter caging" activities and the use of "voter caging documents" or "voter caging lists" by individuals seeking to challenge the eligibility of potential voters. The bill would require "first-hand knowledge of ineligibility" on the part of any non-election official seeking to submit a formal challenge to an individual's eligibility to register or vote in a Federal election. "Knowing" violators of the provisions of H.R. 107 would be subject to criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both, for each violation. The language of the bill requires that potential violators must have "knowingly" issued or "knowingly cause[d]" the prohibited challenge "with the intent that one or more eligible voters be disqualified." It is unclear, however, what sorts of behavior would qualify as "causing" the prohibited caging activities proscribed by H.R. 107.
H.R. 106: Public Official Accountability Act
Sponsor: Cardoza (D - CA)
Official Title: A bill to amend Title 18, United States Code, to provide increased imprisonment for certain offense by public officials.
Status:
1/5/2011: Introduced in House
1/5/2011: Referred to House Judiciary Committee
Commentary: This bill would amend Subchapter D of Chapter 227 of Title 18 of the U.S. Code to increase potential criminal penalties for public officials convicted of certain Federal criminal offenses. In cases involving conviction of public officials for offenses "consisting of conduct during the course of official duty, intended to enrich that official" or "involving bribery, fraud, extortion, or theft of public funds greater than $10,000," H.R. 106 would allow the sentencing judge to increase the term of imprisonment by up to two years. The language of the bill provides no guidance to judges as to the meaning of the terms "intended to enrich" and does not specify that the person accused must have had a greater level of criminal intent in order to be subject to these increased penalties.
H.R. 98: Illegal Immigration Enforcement and Social Security Protection Act
Sponsor: Dreier (R - CA)
Official Title: A bill to amend the Immigration and Nationality Act to enforce restrictions on employment in the United States of unauthorized aliens through the use of improved Social Security cards and an Employment Eligibility Database, and for other purposes.
Status:
1/5/2011: Introduced in House
1/5/2011: Referred to House Education and the Workforce Committee
1/5/2011: Referred to House Homeland Security Committee
1/5/2011: Referred to House Judiciary Committee
1/5/2011: Referred to House Ways and Means Committee
Commentary: This bill would establish a database for determining employment eligibility based on citizenship and immigration status and prohibit unauthorized access to it. Violations would be punishable by criminal fines and imprisonment of five to seven years. The bill would also increase penalties for hiring individuals known to be unauthorized to work in the United States. Existing penalties under Title 18 of the U.S. Code of $3,000 per unauthorized worker and six months' total imprisonment would be raised to the maximum fine allowed under Title 18's general provisions and up to five years imprisonment per unauthorized worker. These same penalties would also apply to failures to comply with Federal employment verification procedures.
H.R. 44: Guam World War II Loyalty Recognition Act
Sponsor: Bordallo (D - GU)
Official Title: A bill to implement the recommendations of the Guam War Claims Review Commission.
Status:
1/5/2011: Introduced in House
1/5/2011: Referred to House Natural Resources Committee
Commentary: This bill would authorize the Foreign Claims Settlement Commission to compensate residents of Guam and their descendents who were injured or killed in World War II. The bill prohibits those who represent Guam residents before the Commission from receiving remuneration in excess of one percent of the total amount paid for a claim. Representatives who demand or receive more than that amount could be punished with up to one year of imprisonment and criminal fines of up to $5,000. The criminal offense lacks any express criminal-intent requirement to convict of a violation under this provision of H.R. 44.
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