From Overcriminalized.com:
Table of Contents
New:
H.R. 775:
Updates:
H.R. 386: Securing Aircraft Cockpits Against Lasers Act of 2011
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
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H.R. 775:
Sponsor: Duncan (R - TN)
Official Title: A bill to amend title 44, United States Code, to require any organization that is established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository to disclose the sources and amounts of any funds raised, and for other purposes.
Status:
2/17/2011: Introduced in House
2/17/2011: Referred to House Oversight and Government Reform Committee
Commentary: This bill would amend section 2112 of Title 44, U.S. Code, to require any organization "established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities related to a Presidential archival depository" to disclose specified information relating to the sources and amounts of those funds. Specifically, H.R. 775 would require such covered organizations to divulge the value, source, and date of every monetary or in-kind contribution totaling $200 or more for a given year through an annual report submitted to the House Administration Committee, House Oversight and Government Reform Committee, and Senate Homeland Security and Governmental Affairs Committee. In addition to establishing this organizational reporting requirement, the bill also criminalizes certain actions associated with the disclosure and characterization of donation information. Any individual who makes a contribution to a covered organization and who "knowingly and willfully submit[s] false material information or omit[s] material information with respect to the contribution" would be subject to criminal sanctions under the provisions of section 1001 of Title 18, U.S. Code. Likewise, any covered organization that "knowingly and willfully submit[s] false material information or omit[s] material information" with respect to its contributions would be subject to the same criminal sanctions. Violations of section 1001 are punishable by up to five years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 775 also makes it unlawful for an individual to "knowingly and willfully" make contributions to a covered organization "in the name of another person" or to "knowingly and willfully" permit the use of their name by another person in conjunction with a contribution, or for a covered organization to accept such a misattributed contribution. 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. 386: Securing Aircraft Cockpits Against Lasers Act of 2011
Sponsor: Lungren (R - CA)
Official Title: A bill to amend title 18, United States Code, to provide penalties for aiming laser pointers at airplanes, and for other purposes.
Status:
1/20/2011: Introduced in House
1/20/2011: Referred to House Judiciary Committee
1/20/2011: Referred to House Budget Committee
1/21/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Mark up in the House Judiciary Committee
1/26/2011: Ordered to be reported by voice vote House Judiciary Committee
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
2/11/2011: Reported to House by House Judiciary Committee
2/11/2011: Discharged House Budget Committee
2/11/2011: Placed on House calendar
2/28/2011: House passage by voice vote under suspension of the rules
3/1/2011: Received in Senate
3/1/2011: Referred to Senate Judiciary Committee
Commentary: The bill would make it unlawful for any person to "knowingly aim[] the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft." The penalty for such actions would be imprisonment for up to five years, a fine as authorized by Title 18, U.S. Code, or both. The language of H.R. 386 offers a limited number of exceptions to its general prohibition, including one for aiming 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.
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
Sponsor: Rooney (R - FL)
Official Title: A bill to correct and simplify the drafting of section 1752 (relating to restricted buildings or grounds) of Title 18, United States Code.
Status:
1/19/2011: Introduced in House
1/19/2011: Referred to House Judiciary Committee
1/21/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Mark up in the House Judiciary Committee
1/26/2011: Ordered to be reported by voice vote House Judiciary Committee
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
2/11/2011: Reported to House by House Judiciary Committee
2/11/2011: Placed on House calendar
2/28/2011: House passage by roll call vote under suspension of the rules
3/1/2011: Received in Senate
3/1/2011: Referred to Senate Judiciary Committee
Commentary: This bill would amend existing section 1752 of Title 18 of the U.S. Code to reduce the protectiveness of the criminal-intent (mens rea) requirements in offenses involving conduct in "restricted" government buildings, grounds, or areas. Among other things, section 1752 currently prohibits any person or group of persons from: (1) "willfully" and "knowingly" entering or remaining in unauthorized Government buildings, grounds, or areas; (2) engaging in "disorderly or disruptive conduct" that "impedes or disrupts the orderly conduct of Government business" or is intended to do so; (3) obstructing or impeding ingress or egress to or from Government buildings, grounds, or areas; or (4) engaging in "any act of physical violence against any person or property" in Government buildings, grounds, or areas. Violations of current law carry criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Violations that involve the use of a firearm or that result in significant bodily injury may be punished by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 347 would restructure the language of Section 1752 defining the criminal offenses and reduce the level of criminal intent the Government must prove to establish a violation from a "willfully and knowingly" standard to a less-protective "knowingly" standard. The bill would not alter the existing criminal penalties.
Table of Contents
New:
H.R. 775:
Updates:
H.R. 386: Securing Aircraft Cockpits Against Lasers Act of 2011
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
--------------------------------------------------------------------------------
H.R. 775:
Sponsor: Duncan (R - TN)
Official Title: A bill to amend title 44, United States Code, to require any organization that is established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository to disclose the sources and amounts of any funds raised, and for other purposes.
Status:
2/17/2011: Introduced in House
2/17/2011: Referred to House Oversight and Government Reform Committee
Commentary: This bill would amend section 2112 of Title 44, U.S. Code, to require any organization "established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities related to a Presidential archival depository" to disclose specified information relating to the sources and amounts of those funds. Specifically, H.R. 775 would require such covered organizations to divulge the value, source, and date of every monetary or in-kind contribution totaling $200 or more for a given year through an annual report submitted to the House Administration Committee, House Oversight and Government Reform Committee, and Senate Homeland Security and Governmental Affairs Committee. In addition to establishing this organizational reporting requirement, the bill also criminalizes certain actions associated with the disclosure and characterization of donation information. Any individual who makes a contribution to a covered organization and who "knowingly and willfully submit[s] false material information or omit[s] material information with respect to the contribution" would be subject to criminal sanctions under the provisions of section 1001 of Title 18, U.S. Code. Likewise, any covered organization that "knowingly and willfully submit[s] false material information or omit[s] material information" with respect to its contributions would be subject to the same criminal sanctions. Violations of section 1001 are punishable by up to five years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 775 also makes it unlawful for an individual to "knowingly and willfully" make contributions to a covered organization "in the name of another person" or to "knowingly and willfully" permit the use of their name by another person in conjunction with a contribution, or for a covered organization to accept such a misattributed contribution. 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. 386: Securing Aircraft Cockpits Against Lasers Act of 2011
Sponsor: Lungren (R - CA)
Official Title: A bill to amend title 18, United States Code, to provide penalties for aiming laser pointers at airplanes, and for other purposes.
Status:
1/20/2011: Introduced in House
1/20/2011: Referred to House Judiciary Committee
1/20/2011: Referred to House Budget Committee
1/21/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Mark up in the House Judiciary Committee
1/26/2011: Ordered to be reported by voice vote House Judiciary Committee
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
2/11/2011: Reported to House by House Judiciary Committee
2/11/2011: Discharged House Budget Committee
2/11/2011: Placed on House calendar
2/28/2011: House passage by voice vote under suspension of the rules
3/1/2011: Received in Senate
3/1/2011: Referred to Senate Judiciary Committee
Commentary: The bill would make it unlawful for any person to "knowingly aim[] the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft." The penalty for such actions would be imprisonment for up to five years, a fine as authorized by Title 18, U.S. Code, or both. The language of H.R. 386 offers a limited number of exceptions to its general prohibition, including one for aiming 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.
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
Sponsor: Rooney (R - FL)
Official Title: A bill to correct and simplify the drafting of section 1752 (relating to restricted buildings or grounds) of Title 18, United States Code.
Status:
1/19/2011: Introduced in House
1/19/2011: Referred to House Judiciary Committee
1/21/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Mark up in the House Judiciary Committee
1/26/2011: Ordered to be reported by voice vote House Judiciary Committee
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
2/11/2011: Reported to House by House Judiciary Committee
2/11/2011: Placed on House calendar
2/28/2011: House passage by roll call vote under suspension of the rules
3/1/2011: Received in Senate
3/1/2011: Referred to Senate Judiciary Committee
Commentary: This bill would amend existing section 1752 of Title 18 of the U.S. Code to reduce the protectiveness of the criminal-intent (mens rea) requirements in offenses involving conduct in "restricted" government buildings, grounds, or areas. Among other things, section 1752 currently prohibits any person or group of persons from: (1) "willfully" and "knowingly" entering or remaining in unauthorized Government buildings, grounds, or areas; (2) engaging in "disorderly or disruptive conduct" that "impedes or disrupts the orderly conduct of Government business" or is intended to do so; (3) obstructing or impeding ingress or egress to or from Government buildings, grounds, or areas; or (4) engaging in "any act of physical violence against any person or property" in Government buildings, grounds, or areas. Violations of current law carry criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Violations that involve the use of a firearm or that result in significant bodily injury may be punished by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 347 would restructure the language of Section 1752 defining the criminal offenses and reduce the level of criminal intent the Government must prove to establish a violation from a "willfully and knowingly" standard to a less-protective "knowingly" standard. The bill would not alter the existing criminal penalties.
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