From Overcriminalized.com:
Table of Contents
New:
H.R. 1200: American Health Security Act of 2011
H.R. 1174: Internet Gambling Regulation, Consumer Protection, and Enforcement Act
H.R. 1144: Transparency and Openness in Government Act
H.R. 1127: Children's Sports Athletic Equipment Safety Act
H.R. 1112: National Association of Registered Agents and Brokers Reform Act of 2011
S. 601: Children's Sports Athletic Equipment Safety Act
S. Amendment 191:
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H.R. 1200: American Health Security Act of 2011
Sponsor: McDermott (D - WA)
Official Title: To provide for health care for every American and to control the cost and enhance the quality of the health care system.
Status:
3/17/2011: Introduced in House
3/17/2011: Referred to House Energy and Commerce Committee
3/17/2011: Referred to House Ways and Means Committee
3/17/2011: Referred to House Oversight and Government Reform Committee
3/17/2011: Referred to House Armed Services Committee
3/17/2011: Referred to House Education and the Workforce Committee
Commentary: This bill would repeal Title I of the Patient Protection and Affordable Care Act dealing with state exchanges and would establish in its place a State-Based American Health Security Program that would oversee a new "universal entitlement" to benefits for certain health care services, including community health, preventative care, long-term care, dental, and substance abuse treatment services. The bill also makes the fraud and abuse provisions of the Social Security Act (SSA) applicable to the health security programs "in the same manner as they apply to State medical assistance plans under title XIX" of the SSA. Specifically, this would make the criminal provisions of 42 U.S.C. § 1320a-7b applicable to false statements, misrepresentations, bribes, kickbacks, or other fraudulent behavior perpetrated by individuals participating in the state-based programs. "Knowing and willful" violators of these provisions would be subject to criminal sanctions of up to five years imprisonment, fines of up to $25,000, or both. In addition, convicted violators of these provisions could have their future ability to benefit from the "universal entitlement" program limited, restricted, or suspended. Despite the requirement that criminal violations under 42 U.S.C. § 1320a-7b be both "knowing and willful," the language of the section was modified in 2010 to undermine this protection by stating that "with respect to violations of this section, a person need not have actual knowledge of this section or specific intent to commit a violation." The level of criminal intent necessary to establish a violation of these provisions of the SSA (and thus under H.R. 1200) is therefore lower and less protective than the stated standard of "knowingly and willfully."
H.R. 1174: Internet Gambling Regulation, Consumer Protection, and Enforcement Act
Sponsor: Campbell (R - CA)
Official Title: To amend title 31, United States Code, to provide for the licensing of Internet gambling activities by the Secretary of the Treasury, to provide for consumer protections on the Internet, to enforce the tax code, and for other purposes.
Status:
3/17/2011: Introduced in House
3/17/2011: Referred to House Financial Services Committee
3/17/2011: Referred to House Judiciary Committee
3/17/2011: Referred to House Energy and Commerce Committee
Commentary: This bill establishes an internet gambling licensing program to be administered and enforced by the Secretary of the Treasury. Licensees under the program would be permitted to legally accept bets or wagers from persons located in the United States, subject to certain specified limitations. H.R. 1174 would also criminalize the knowing use of "electronic cheating devices" with the purpose of obtaining an advantage in any authorized internet gambling game by any person "initiating, receiving, or otherwise making a bet or wager with a licensee, or sending, receiving, or inviting information assisting with a bet or wager with a licensee." Assisting another individual with the knowing use of electronic cheating devices for such purposes would also be considered a criminal violation. H.R. 1174 would also make it a criminal offense for any individual "initiating, receiving, or otherwise making a bet or wager with a licensee, or sending, receiving, or inviting information assisting with a bet or wager with a licensee [to] knowingly ... use or possess any cheating device with intent to cheat or defraud any licensee or other persons placing bets or wagers with such licensees." Each of these criminal provisions would be punishable by criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both.
H.R. 1144: Transparency and Openness in Government Act
Sponsor: Cummings (D - MD)
Official Title: A bill to increase the transparency of the federal government, and for other purposes.
Status:
3/17/2011: Introduced in House
3/17/2011: Referred to House Oversight and Government Reform Committee
Commentary: This bill would make amendments to the Federal Advisory Committee Act (5 U.S.C. App.), the Presidential Records Act (44 U.S.C. § 2201 et al.), and current electronic message preservation procedures to ease restrictions on public access to certain types of federal government documents. A section of H.R. 1144, which is nearly identical to H.R. 36 from the 111th Congress, also seeks to subject Presidential library fundraising organizations to increased reporting requirements and scrutiny from the Federal Election Commission. Specifically, the bill would require Presidential library fundraising organizations to report all contributions over $200 and would criminalize the knowing and willful submission of false or incomplete information with respect to such contributions. Violations of this provision would be punishable by criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 1144 would also criminalize making contributions in another's name, permitting one's own name to be used to affect a contribution by another, and accepting donations made by one person in the name of another. Violations of these provisions would be punishable under section 309(d) of the Federal Election Campaign Act (FECA) of 1971 (2 U.S.C. § 437g(d)) in the same manner as if they were violations of section 316(b)(3) of FECA (2 U.S.C. § 441b(b)(3)), which authorizes criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both in instances involving aggregate contributions valued at more than $250 and less than $25,000. Violations involving aggregate contributions worth $25,000 or more could be punished with criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both.
H.R. 1127: Children's Sports Athletic Equipment Safety Act
Sponsor: Pascrell (D - NJ)
Official Title: A bill to encourage and ensure the use of safe football helmets and for other purposes.
Status:
3/16/2011: Introduced in House
3/16/2011: Referred to House Energy and Commerce Committee
Commentary: This bill, which is nearly identical to S. 601, requires the Consumer Product Safety Commission (CPSC) to evaluate voluntary safety standards and promulgate consumer product safety regulations for youth football helmets, reconditioned football helmets, and new football helmet concussion resistance systems. In addition, S. 601 makes it unlawful for any person to sell, offer for sale, or import "any item of equipment intended, designed, or offered for use by an individual engaged in any athletic sporting activity, whether professional or amateur, for which the seller or importer, or any person acting on behalf of the seller or importer, makes any false or misleading claim with respect to the safety benefits of such item." Violations of this provision would be treated as if they contravene the prohibitions of section 18 of the Federal Trade Commission Act (15 U.S.C. § 57a) regarding unfair or deceptive acts or practices. Any such violations would thus be enforceable through FTC civil actions as well as through criminal referral to the Department of Justice under 15 U.S.C. § 46(k).
H.R. 1112: National Association of Registered Agents and Brokers Reform Act of 2011
Sponsor: Neugebauer (R - TX)
Official Title: To reform the National Association of Registered Agents and Brokers, and for other purposes.
Status:
3/16/2011: Introduced in House
3/16/2011: Referred to House Financial Services Committee
Commentary: This bill is nearly identical to H.R. 2554 from the 111th Congress, which was introduced by Congressman David Scott (D-GA). H.R. 1112 would establish the National Association of Registered Agents and Brokers, a non-profit corporation, to "provide a mechanism through which licensing, continued education, and other nonresident insurance producer qualification requirements and conditions can be adopted and applied on a multi-state basis." In order to become a member of the association, an insurance producer would be required to undergo a national criminal background check that complies with regulations prescribed by the Attorney General of the United States. Whoever "knowingly uses" background check information provided by the Attorney General for an unauthorized purpose, or discloses such information to someone not authorized to receive it, would be subject to criminal sanctions of up to two years of imprisonment, fines under Title 18 of the U.S. Code, or both.
S. 601: Children's Sports Athletic Equipment Safety Act
Sponsor: Udall (D - NM)
Official Title: A bill to encourage and ensure the use of safe football helmets and for other purposes.
Status:
3/16/2011: Introduced in Senate
3/16/2011: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill, which is nearly identical to H.R. 1127, requires the Consumer Product Safety Commission (CPSC) to evaluate voluntary safety standards and promulgate consumer product safety regulations for youth football helmets, reconditioned football helmets, and new football helmet concussion resistance systems. In addition, S. 601 makes it unlawful for any person to sell, offer for sale, or import "any item of equipment intended, designed, or offered for use by an individual engaged in any athletic sporting activity, whether professional or amateur, for which the seller or importer, or any person acting on behalf of the seller or importer, makes any false or misleading claim with respect to the safety benefits of such item." Violations of this provision would be treated as if they contravene the prohibitions of section 18 of the Federal Trade Commission Act (15 U.S.C. § 57a) regarding unfair or deceptive acts or practices. Any such violations would thus be enforceable through FTC civil actions as well as through criminal referral to the Department of Justice under 15 U.S.C. § 46(k).
S. Amendment 191:
Sponsor: Casey (D - PA)
Official Title:
Status:
3/15/2011: Introduced in Senate
Commentary: This amendment is proposed for S. 493 (SBIR/STTR Reauthorization Act of 2011) and is nearly identical in substance to S. 370, which was also introduced by Senator Casey. The amendment would modify Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) to require that an offeror who is awarded a government contract with a Federal agency notify all small business concerns of their inclusion as potential subcontractors in the offer at issue. S. Amendment 191 would require any offeror that "intends to identify a small business concern as a potential subcontractor in the offer relating to the contract" to (1) notify the small business concern that the offeror intends to identify them as a potential subcontractor in the offer, and (2) include with the offer a written acknowledgment by the small business concern that the notice has been received. Violations of this provision would initially be punishable by a fine equivalent to 20 percent of the value of the contract at issue. Subsequent violations would be punishable by a fine equal to 50 percent of the value of the contract at issue or by debarment from contracting with the United States government for a period of one year. Three-time violators of the provisions of S. 370 would be subject to permanent debarment from contracting with the United States government.
Table of Contents
New:
H.R. 1200: American Health Security Act of 2011
H.R. 1174: Internet Gambling Regulation, Consumer Protection, and Enforcement Act
H.R. 1144: Transparency and Openness in Government Act
H.R. 1127: Children's Sports Athletic Equipment Safety Act
H.R. 1112: National Association of Registered Agents and Brokers Reform Act of 2011
S. 601: Children's Sports Athletic Equipment Safety Act
S. Amendment 191:
--------------------------------------------------------------------------------
H.R. 1200: American Health Security Act of 2011
Sponsor: McDermott (D - WA)
Official Title: To provide for health care for every American and to control the cost and enhance the quality of the health care system.
Status:
3/17/2011: Introduced in House
3/17/2011: Referred to House Energy and Commerce Committee
3/17/2011: Referred to House Ways and Means Committee
3/17/2011: Referred to House Oversight and Government Reform Committee
3/17/2011: Referred to House Armed Services Committee
3/17/2011: Referred to House Education and the Workforce Committee
Commentary: This bill would repeal Title I of the Patient Protection and Affordable Care Act dealing with state exchanges and would establish in its place a State-Based American Health Security Program that would oversee a new "universal entitlement" to benefits for certain health care services, including community health, preventative care, long-term care, dental, and substance abuse treatment services. The bill also makes the fraud and abuse provisions of the Social Security Act (SSA) applicable to the health security programs "in the same manner as they apply to State medical assistance plans under title XIX" of the SSA. Specifically, this would make the criminal provisions of 42 U.S.C. § 1320a-7b applicable to false statements, misrepresentations, bribes, kickbacks, or other fraudulent behavior perpetrated by individuals participating in the state-based programs. "Knowing and willful" violators of these provisions would be subject to criminal sanctions of up to five years imprisonment, fines of up to $25,000, or both. In addition, convicted violators of these provisions could have their future ability to benefit from the "universal entitlement" program limited, restricted, or suspended. Despite the requirement that criminal violations under 42 U.S.C. § 1320a-7b be both "knowing and willful," the language of the section was modified in 2010 to undermine this protection by stating that "with respect to violations of this section, a person need not have actual knowledge of this section or specific intent to commit a violation." The level of criminal intent necessary to establish a violation of these provisions of the SSA (and thus under H.R. 1200) is therefore lower and less protective than the stated standard of "knowingly and willfully."
H.R. 1174: Internet Gambling Regulation, Consumer Protection, and Enforcement Act
Sponsor: Campbell (R - CA)
Official Title: To amend title 31, United States Code, to provide for the licensing of Internet gambling activities by the Secretary of the Treasury, to provide for consumer protections on the Internet, to enforce the tax code, and for other purposes.
Status:
3/17/2011: Introduced in House
3/17/2011: Referred to House Financial Services Committee
3/17/2011: Referred to House Judiciary Committee
3/17/2011: Referred to House Energy and Commerce Committee
Commentary: This bill establishes an internet gambling licensing program to be administered and enforced by the Secretary of the Treasury. Licensees under the program would be permitted to legally accept bets or wagers from persons located in the United States, subject to certain specified limitations. H.R. 1174 would also criminalize the knowing use of "electronic cheating devices" with the purpose of obtaining an advantage in any authorized internet gambling game by any person "initiating, receiving, or otherwise making a bet or wager with a licensee, or sending, receiving, or inviting information assisting with a bet or wager with a licensee." Assisting another individual with the knowing use of electronic cheating devices for such purposes would also be considered a criminal violation. H.R. 1174 would also make it a criminal offense for any individual "initiating, receiving, or otherwise making a bet or wager with a licensee, or sending, receiving, or inviting information assisting with a bet or wager with a licensee [to] knowingly ... use or possess any cheating device with intent to cheat or defraud any licensee or other persons placing bets or wagers with such licensees." Each of these criminal provisions would be punishable by criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both.
H.R. 1144: Transparency and Openness in Government Act
Sponsor: Cummings (D - MD)
Official Title: A bill to increase the transparency of the federal government, and for other purposes.
Status:
3/17/2011: Introduced in House
3/17/2011: Referred to House Oversight and Government Reform Committee
Commentary: This bill would make amendments to the Federal Advisory Committee Act (5 U.S.C. App.), the Presidential Records Act (44 U.S.C. § 2201 et al.), and current electronic message preservation procedures to ease restrictions on public access to certain types of federal government documents. A section of H.R. 1144, which is nearly identical to H.R. 36 from the 111th Congress, also seeks to subject Presidential library fundraising organizations to increased reporting requirements and scrutiny from the Federal Election Commission. Specifically, the bill would require Presidential library fundraising organizations to report all contributions over $200 and would criminalize the knowing and willful submission of false or incomplete information with respect to such contributions. Violations of this provision would be punishable by criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 1144 would also criminalize making contributions in another's name, permitting one's own name to be used to affect a contribution by another, and accepting donations made by one person in the name of another. Violations of these provisions would be punishable under section 309(d) of the Federal Election Campaign Act (FECA) of 1971 (2 U.S.C. § 437g(d)) in the same manner as if they were violations of section 316(b)(3) of FECA (2 U.S.C. § 441b(b)(3)), which authorizes criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both in instances involving aggregate contributions valued at more than $250 and less than $25,000. Violations involving aggregate contributions worth $25,000 or more could be punished with criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both.
H.R. 1127: Children's Sports Athletic Equipment Safety Act
Sponsor: Pascrell (D - NJ)
Official Title: A bill to encourage and ensure the use of safe football helmets and for other purposes.
Status:
3/16/2011: Introduced in House
3/16/2011: Referred to House Energy and Commerce Committee
Commentary: This bill, which is nearly identical to S. 601, requires the Consumer Product Safety Commission (CPSC) to evaluate voluntary safety standards and promulgate consumer product safety regulations for youth football helmets, reconditioned football helmets, and new football helmet concussion resistance systems. In addition, S. 601 makes it unlawful for any person to sell, offer for sale, or import "any item of equipment intended, designed, or offered for use by an individual engaged in any athletic sporting activity, whether professional or amateur, for which the seller or importer, or any person acting on behalf of the seller or importer, makes any false or misleading claim with respect to the safety benefits of such item." Violations of this provision would be treated as if they contravene the prohibitions of section 18 of the Federal Trade Commission Act (15 U.S.C. § 57a) regarding unfair or deceptive acts or practices. Any such violations would thus be enforceable through FTC civil actions as well as through criminal referral to the Department of Justice under 15 U.S.C. § 46(k).
H.R. 1112: National Association of Registered Agents and Brokers Reform Act of 2011
Sponsor: Neugebauer (R - TX)
Official Title: To reform the National Association of Registered Agents and Brokers, and for other purposes.
Status:
3/16/2011: Introduced in House
3/16/2011: Referred to House Financial Services Committee
Commentary: This bill is nearly identical to H.R. 2554 from the 111th Congress, which was introduced by Congressman David Scott (D-GA). H.R. 1112 would establish the National Association of Registered Agents and Brokers, a non-profit corporation, to "provide a mechanism through which licensing, continued education, and other nonresident insurance producer qualification requirements and conditions can be adopted and applied on a multi-state basis." In order to become a member of the association, an insurance producer would be required to undergo a national criminal background check that complies with regulations prescribed by the Attorney General of the United States. Whoever "knowingly uses" background check information provided by the Attorney General for an unauthorized purpose, or discloses such information to someone not authorized to receive it, would be subject to criminal sanctions of up to two years of imprisonment, fines under Title 18 of the U.S. Code, or both.
S. 601: Children's Sports Athletic Equipment Safety Act
Sponsor: Udall (D - NM)
Official Title: A bill to encourage and ensure the use of safe football helmets and for other purposes.
Status:
3/16/2011: Introduced in Senate
3/16/2011: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill, which is nearly identical to H.R. 1127, requires the Consumer Product Safety Commission (CPSC) to evaluate voluntary safety standards and promulgate consumer product safety regulations for youth football helmets, reconditioned football helmets, and new football helmet concussion resistance systems. In addition, S. 601 makes it unlawful for any person to sell, offer for sale, or import "any item of equipment intended, designed, or offered for use by an individual engaged in any athletic sporting activity, whether professional or amateur, for which the seller or importer, or any person acting on behalf of the seller or importer, makes any false or misleading claim with respect to the safety benefits of such item." Violations of this provision would be treated as if they contravene the prohibitions of section 18 of the Federal Trade Commission Act (15 U.S.C. § 57a) regarding unfair or deceptive acts or practices. Any such violations would thus be enforceable through FTC civil actions as well as through criminal referral to the Department of Justice under 15 U.S.C. § 46(k).
S. Amendment 191:
Sponsor: Casey (D - PA)
Official Title:
Status:
3/15/2011: Introduced in Senate
Commentary: This amendment is proposed for S. 493 (SBIR/STTR Reauthorization Act of 2011) and is nearly identical in substance to S. 370, which was also introduced by Senator Casey. The amendment would modify Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) to require that an offeror who is awarded a government contract with a Federal agency notify all small business concerns of their inclusion as potential subcontractors in the offer at issue. S. Amendment 191 would require any offeror that "intends to identify a small business concern as a potential subcontractor in the offer relating to the contract" to (1) notify the small business concern that the offeror intends to identify them as a potential subcontractor in the offer, and (2) include with the offer a written acknowledgment by the small business concern that the notice has been received. Violations of this provision would initially be punishable by a fine equivalent to 20 percent of the value of the contract at issue. Subsequent violations would be punishable by a fine equal to 50 percent of the value of the contract at issue or by debarment from contracting with the United States government for a period of one year. Three-time violators of the provisions of S. 370 would be subject to permanent debarment from contracting with the United States government.
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