From Overcriminalized.com:
Table of Contents
New:
S. 235: Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act
S. 224: Stalkers Act of 2011
S. 168: Voter Fraud Prevention Act
S. 167: Child Custody Protection Act
S. 153: Robert C. Byrd Mine and Workplace Safety and Health Act
S. 130:
S. Amendment 29:
S. Amendment 8:
--------------------------------------------------------------------------------
S. 235: Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act
Sponsor: McCaskill (D - MO)
Official Title: A bill 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:
1/31/2011: Introduced in Senate
1/31/2011: Referred to Senate Homeland Security and Governmental Affairs Committee
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 an obligation under the terms of the contract." The bill would also require the Federal Acquisition Regulation to be amended to require contractors performing federal contracts of $5 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 actions "brought by the United States alleging wrongdoing associated with the performance" of such contracts.
S. 224: Stalkers Act of 2011
Sponsor: Klobuchar (D - MN)
Official Title: A bill to amend Title 18, United States Code, with respect to the offense of stalking.
Status:
1/31/2011: Introduced in Senate
1/31/2011: Referred to Senate Judiciary Committee
Commentary: This bill is nearly identical to S. 3727 from the 111th Congress, which was also sponsored by Senator Klobuchar. It would rewrite and supplement 18 U.S.C. § 2261A(1), which presently makes stalking illegal when the prohibited conduct involves "travel[] in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enter[ing] or leav[ing] Indian country" and when prohibited conduct occurs "that uses the mail, any interactive computer service, or any other facility of interstate or foreign commerce." As § 2261A largely does, S. 224 would make it unlawful to engage in a course of conduct "with intent to kill, physically injure, harass, or intimidate a person . . . that causes or attempts to cause bodily injury or serious emotional distress." Neither current law nor this bill defines the vague terms "harass" and "intimidate." In addition, the bill uses a tort-law reasonableness standard, which is not defined in the bill, to criminalize conduct that "occurs in circumstances where the conduct would be reasonably expected to cause the other person serious emotional distress" even where the victim is unaware of that behavior. In specified circumstances, this bill would also add to the punishment set forth in 18 U.S.C. § 2261(b) for violating § 2261A. If (1) the conduct involves the violation of a protective order and the victim is under the age of 18 or over the age of 65, (2) the offender is 18 years old or older, and (3) the offender knows or should know that the victim is under the age of 18 or over the age of 65, the term of imprisonment that may be imposed would be increased by up to five years.
S. 168: Voter Fraud Prevention Act
Sponsor: Vitter (R - LA)
Official Title: A bill to amend the Help America Vote Act of 2002 to establish standards for the distribution of voter registration application forms and to require organizations to register with the state prior to the distribution of such forms.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Rules and Administration Committee
Commentary: This bill amends the Help America Vote Act of 2002 to place restrictions on the paid distribution of voter registration application forms and registration requirements for organizations. Specifically, S. 168 prohibits any individual from distributing for compensation a voter registration application form for federal elections in a state if the individual: (1) has been convicted of a felony under any state or federal law; (2) does not sign and print legibly the individual's name on the form; (3) does not provide identifying information to the proper election official; or (4) does not certify, under penalty of perjury, that the information collected is accurate to the best of his or her knowledge and that he or she has not received financial compensation based on the number of voter registration application forms submitted to election officials. The bill also establishes criminal penalties for individuals who fail to meet these standards and anyone who employs a violating individual knowingly or with a reasonable expectation that the individual will not meet the established standards. Violations would be punishable as a criminal misdemeanor and subject to fines in accordance with Title 18 of the U.S. Code.
S. 167: Child Custody Protection Act
Sponsor: Ensign (R - NV)
Official Title: A bill to amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Judiciary Committee
Commentary: This bill would prohibit "knowingly transport[ing] a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridg[ing] the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides." Such an abridgment would occur "if an abortion is performed on the minor, in a State other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides." Under the Supreme Court's criminal-intent decision in Flores-Figueroa v. United States (2009), the language of the offense should require proof that the person transporting the minor knew she was a minor. Violations would be punishable by criminal fines and imprisonment of up to one year.
S. 153: Robert C. Byrd Mine and Workplace Safety and Health Act
Sponsor: Rockefeller (D - WV)
Official Title: A bill to improve compliance with mine and occupational safety and health laws, empower workers to raise safety concerns, prevent future mine and other workplace tragedies, establish rights of families of victims of workplace accidents, and for other purposes.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Health, Education, Labor and Pensions Committee
Commentary: This bill is nearly identical to S. 3671, which was sponsored by Senator Rockefeller in the 111th Congress. Much like that piece of legislation, S. 153 would significantly lower the mental state required to prove a violation of a mandatory health and safety standard and increase the penalties for violating 30 U.S.C. § 820(d). That provision currently prohibits "willfully" violating a mandatory mining health or safety standard or "knowingly" violating or refusing to comply with certain orders issued by the Secretary of Labor. This bill would significantly lower the protectiveness of the mental state required to prove a violation of a mandatory health and safety standard from "willfully" to "knowingly." Violators are currently subject to imprisonment for up to one year, a fine of up to $250,000, or both on the first conviction, and imprisonment for up to five years, a fine of $500,000, or both for subsequent violations. S. 153 would increase the penalty for first violations to imprisonment for up to five years, a fine of $1,000,000, or both, and the penalty for subsequent violations to imprisonment for up to 10 years, a fine of $2,000,000, or both. As with S. 3671, this bill would also make it unlawful to retaliate against anyone who has provided information "related to the existence of a health or safety violation or an unhealthful or unsafe condition, policy or practice" to enforcement officials. The penalty for that offense would be imprisonment for up to 10 years, a fine as authorized by Title 18, U.S. Code, or both. S. 153 would also increase the penalty that may be imposed on any unauthorized advance notice of any health or safety inspection to imprisonment for up to five years, a fine as authorized by Title 18, U.S. Code, or both, from the current penalty of imprisonment for up to six months, a fine of $1,000, or both (as set forth in 30 U.S.C. § 820(e)). Finally, just as in Senator Rockefeller's previous bill, where a business entity is responsible for the violation, 30 U.S.C. § 820(c) would be amended to provide that a director, officer, or agent of a corporate violator who "knowingly authorized, ordered, or carried out" the conduct leading to the violation would be subject to prosecution to the same extent as the corporation. This provision will not necessarily be interpreted by the courts to require that the government prove beyond a reasonable doubt that the director, officer, or agent had any actual knowledge that what he or she authorized, ordered, or carried out was unlawful.
S. 130:
Sponsor: Vitter (R - LA)
Official Title: A bill to prohibit authorized committees and leadership PACs from employing the spouse or immediate family members of any candidate or Federal office holder connected to the committee.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Rules and Administration Committee
Commentary: This bill amends the Federal Election Campaign Act of 1971 (2 U.S.C. § 431 et seq.) to prohibit any authorized committee of a political candidate or any other committee established, maintained, or controlled by a political candidate or person who holds a federal office from employing the spouse or any immediate family member of such candidate or federal office holder. Violations of this provision would be subject to sanctions that are yet to be determined. Additionally, S. 130 amends 18 U.S.C. § 207(8) to subject any spouse of a Member of Congress to criminal penalties who: (1) was not a registered lobbyist at least one year before the Member's election to Congress; but (2) knowingly lobbies any Member of Congress on behalf of a client for compensation; or (3) is associated with any such lobbying activity by his or her employer. Violations of this provision would be subject to criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Willful violations of this statutory mandate would be subject to criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both.
S. Amendment 29:
Sponsor: Nelson (D - NE)
Official Title:
Status:
2/2/2011: Introduced in Senate
Commentary: This amendment is proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act. The amendment would add a criminal penalty to the bill for the unauthorized recording and distribution of security screening images produced using "advanced imaging technology during the screening of an individual at an airport, or upon entry into any building owned or operated by the Federal Government." Two narrow exceptions to this prohibition are provided for instances involving the use or distribution of protected images in conjunction with a criminal investigation or prosecution and scenarios involving the unsuspecting use or distribution of protected images by journalists. Violators of the prohibition contained in this amendment would be subject to criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both.
S. Amendment 8:
Sponsor: Whitehouse (D - RI)
Official Title:
Status:
2/1/2011: Introduced in Senate
Commentary: This amendment is proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act. The amendment would add a criminal penalty to the bill for any individual who "knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United Stated, or at the flight path of such an aircraft." The sanction for such behavior would be up to five years imprisonment, fines under Title 18 of the U.S. Code, or both. The language of the amendment offers a limited number of exceptions to the general prohibition, including carve outs for the aiming of a laser at an aircraft by authorized government officials conducting research, development, or testing operations, and the aiming of a laser at an aircraft for emergency signaling purposes. However, the definition of the offense does not safeguard from criminal punishment those who might aim a laser at an aircraft or its flight path accidentally, inadvertently, or with benign intent.
Table of Contents
New:
S. 235: Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act
S. 224: Stalkers Act of 2011
S. 168: Voter Fraud Prevention Act
S. 167: Child Custody Protection Act
S. 153: Robert C. Byrd Mine and Workplace Safety and Health Act
S. 130:
S. Amendment 29:
S. Amendment 8:
--------------------------------------------------------------------------------
S. 235: Lieutenant Colonel Dominic "Rocky" Baragona Justice for American Heroes Harmed by Contractors Act
Sponsor: McCaskill (D - MO)
Official Title: A bill 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:
1/31/2011: Introduced in Senate
1/31/2011: Referred to Senate Homeland Security and Governmental Affairs Committee
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 an obligation under the terms of the contract." The bill would also require the Federal Acquisition Regulation to be amended to require contractors performing federal contracts of $5 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 actions "brought by the United States alleging wrongdoing associated with the performance" of such contracts.
S. 224: Stalkers Act of 2011
Sponsor: Klobuchar (D - MN)
Official Title: A bill to amend Title 18, United States Code, with respect to the offense of stalking.
Status:
1/31/2011: Introduced in Senate
1/31/2011: Referred to Senate Judiciary Committee
Commentary: This bill is nearly identical to S. 3727 from the 111th Congress, which was also sponsored by Senator Klobuchar. It would rewrite and supplement 18 U.S.C. § 2261A(1), which presently makes stalking illegal when the prohibited conduct involves "travel[] in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enter[ing] or leav[ing] Indian country" and when prohibited conduct occurs "that uses the mail, any interactive computer service, or any other facility of interstate or foreign commerce." As § 2261A largely does, S. 224 would make it unlawful to engage in a course of conduct "with intent to kill, physically injure, harass, or intimidate a person . . . that causes or attempts to cause bodily injury or serious emotional distress." Neither current law nor this bill defines the vague terms "harass" and "intimidate." In addition, the bill uses a tort-law reasonableness standard, which is not defined in the bill, to criminalize conduct that "occurs in circumstances where the conduct would be reasonably expected to cause the other person serious emotional distress" even where the victim is unaware of that behavior. In specified circumstances, this bill would also add to the punishment set forth in 18 U.S.C. § 2261(b) for violating § 2261A. If (1) the conduct involves the violation of a protective order and the victim is under the age of 18 or over the age of 65, (2) the offender is 18 years old or older, and (3) the offender knows or should know that the victim is under the age of 18 or over the age of 65, the term of imprisonment that may be imposed would be increased by up to five years.
S. 168: Voter Fraud Prevention Act
Sponsor: Vitter (R - LA)
Official Title: A bill to amend the Help America Vote Act of 2002 to establish standards for the distribution of voter registration application forms and to require organizations to register with the state prior to the distribution of such forms.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Rules and Administration Committee
Commentary: This bill amends the Help America Vote Act of 2002 to place restrictions on the paid distribution of voter registration application forms and registration requirements for organizations. Specifically, S. 168 prohibits any individual from distributing for compensation a voter registration application form for federal elections in a state if the individual: (1) has been convicted of a felony under any state or federal law; (2) does not sign and print legibly the individual's name on the form; (3) does not provide identifying information to the proper election official; or (4) does not certify, under penalty of perjury, that the information collected is accurate to the best of his or her knowledge and that he or she has not received financial compensation based on the number of voter registration application forms submitted to election officials. The bill also establishes criminal penalties for individuals who fail to meet these standards and anyone who employs a violating individual knowingly or with a reasonable expectation that the individual will not meet the established standards. Violations would be punishable as a criminal misdemeanor and subject to fines in accordance with Title 18 of the U.S. Code.
S. 167: Child Custody Protection Act
Sponsor: Ensign (R - NV)
Official Title: A bill to amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Judiciary Committee
Commentary: This bill would prohibit "knowingly transport[ing] a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridg[ing] the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides." Such an abridgment would occur "if an abortion is performed on the minor, in a State other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides." Under the Supreme Court's criminal-intent decision in Flores-Figueroa v. United States (2009), the language of the offense should require proof that the person transporting the minor knew she was a minor. Violations would be punishable by criminal fines and imprisonment of up to one year.
S. 153: Robert C. Byrd Mine and Workplace Safety and Health Act
Sponsor: Rockefeller (D - WV)
Official Title: A bill to improve compliance with mine and occupational safety and health laws, empower workers to raise safety concerns, prevent future mine and other workplace tragedies, establish rights of families of victims of workplace accidents, and for other purposes.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Health, Education, Labor and Pensions Committee
Commentary: This bill is nearly identical to S. 3671, which was sponsored by Senator Rockefeller in the 111th Congress. Much like that piece of legislation, S. 153 would significantly lower the mental state required to prove a violation of a mandatory health and safety standard and increase the penalties for violating 30 U.S.C. § 820(d). That provision currently prohibits "willfully" violating a mandatory mining health or safety standard or "knowingly" violating or refusing to comply with certain orders issued by the Secretary of Labor. This bill would significantly lower the protectiveness of the mental state required to prove a violation of a mandatory health and safety standard from "willfully" to "knowingly." Violators are currently subject to imprisonment for up to one year, a fine of up to $250,000, or both on the first conviction, and imprisonment for up to five years, a fine of $500,000, or both for subsequent violations. S. 153 would increase the penalty for first violations to imprisonment for up to five years, a fine of $1,000,000, or both, and the penalty for subsequent violations to imprisonment for up to 10 years, a fine of $2,000,000, or both. As with S. 3671, this bill would also make it unlawful to retaliate against anyone who has provided information "related to the existence of a health or safety violation or an unhealthful or unsafe condition, policy or practice" to enforcement officials. The penalty for that offense would be imprisonment for up to 10 years, a fine as authorized by Title 18, U.S. Code, or both. S. 153 would also increase the penalty that may be imposed on any unauthorized advance notice of any health or safety inspection to imprisonment for up to five years, a fine as authorized by Title 18, U.S. Code, or both, from the current penalty of imprisonment for up to six months, a fine of $1,000, or both (as set forth in 30 U.S.C. § 820(e)). Finally, just as in Senator Rockefeller's previous bill, where a business entity is responsible for the violation, 30 U.S.C. § 820(c) would be amended to provide that a director, officer, or agent of a corporate violator who "knowingly authorized, ordered, or carried out" the conduct leading to the violation would be subject to prosecution to the same extent as the corporation. This provision will not necessarily be interpreted by the courts to require that the government prove beyond a reasonable doubt that the director, officer, or agent had any actual knowledge that what he or she authorized, ordered, or carried out was unlawful.
S. 130:
Sponsor: Vitter (R - LA)
Official Title: A bill to prohibit authorized committees and leadership PACs from employing the spouse or immediate family members of any candidate or Federal office holder connected to the committee.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Rules and Administration Committee
Commentary: This bill amends the Federal Election Campaign Act of 1971 (2 U.S.C. § 431 et seq.) to prohibit any authorized committee of a political candidate or any other committee established, maintained, or controlled by a political candidate or person who holds a federal office from employing the spouse or any immediate family member of such candidate or federal office holder. Violations of this provision would be subject to sanctions that are yet to be determined. Additionally, S. 130 amends 18 U.S.C. § 207(8) to subject any spouse of a Member of Congress to criminal penalties who: (1) was not a registered lobbyist at least one year before the Member's election to Congress; but (2) knowingly lobbies any Member of Congress on behalf of a client for compensation; or (3) is associated with any such lobbying activity by his or her employer. Violations of this provision would be subject to criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Willful violations of this statutory mandate would be subject to criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both.
S. Amendment 29:
Sponsor: Nelson (D - NE)
Official Title:
Status:
2/2/2011: Introduced in Senate
Commentary: This amendment is proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act. The amendment would add a criminal penalty to the bill for the unauthorized recording and distribution of security screening images produced using "advanced imaging technology during the screening of an individual at an airport, or upon entry into any building owned or operated by the Federal Government." Two narrow exceptions to this prohibition are provided for instances involving the use or distribution of protected images in conjunction with a criminal investigation or prosecution and scenarios involving the unsuspecting use or distribution of protected images by journalists. Violators of the prohibition contained in this amendment would be subject to criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both.
S. Amendment 8:
Sponsor: Whitehouse (D - RI)
Official Title:
Status:
2/1/2011: Introduced in Senate
Commentary: This amendment is proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act. The amendment would add a criminal penalty to the bill for any individual who "knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United Stated, or at the flight path of such an aircraft." The sanction for such behavior would be up to five years imprisonment, fines under Title 18 of the U.S. Code, or both. The language of the amendment offers a limited number of exceptions to the general prohibition, including carve outs for the aiming of a laser at an aircraft by authorized government officials conducting research, development, or testing operations, and the aiming of a laser at an aircraft for emergency signaling purposes. However, the definition of the offense does not safeguard from criminal punishment those who might aim a laser at an aircraft or its flight path accidentally, inadvertently, or with benign intent.
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