from Overcriminalized.com:
Table of Contents
New:
H.R. 1196: Loophole Elimination and Verification Enforcement (LEAVE) Act
H.R. 1183: Suzanne Gonzales Suicide Prevention Act of 2011
S. 633: Small Business Contracting Fraud Prevention Act of 2011
S. Amendment 253:
Updates:
S. 216: Food Safety Accountability Act of 2011
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H.R. 1196: Loophole Elimination and Verification Enforcement (LEAVE) Act
Sponsor: Miller (R - CA)
Official Title: A bill to remove the incentives and loopholes that encourage illegal aliens to come to the United States to live and work, provide additional resources to local law enforcement and federal border and immigration officers, and for other purposes.
Status:
3/17/2011: Introduced in House
3/17/2011: Referred to House Judiciary Committee
3/17/2011: Referred to House Oversight and Government Reform Committee
3/17/2011: Referred to House Administration Committee
3/17/2011: Referred to House Financial Services Committee
3/17/2011: Referred to House Homeland Security Committee
3/17/2011: Referred to House Ways and Means Committee
3/17/2011: Referred to House Natural Resources Committee
Commentary: This bill is nearly identical to H.R. 994 from the 111th Congress, which was also introduced by Rep. Miller. Like its predecessor, H.R. 1196 would prohibit assisting, encouraging, directing, or inducing a person to enter, reside in, or remain in the United States "knowing or in reckless disregard of the fact that such person" is an illegal alien. The bill would also prohibit an individual from assisting, encouraging, directing, or inducing a person "to enter the United States at a place other than a designated port of entry ... regardless of whether such person has official permission or lawful authority to be in the United States" when they do so knowingly or in reckless disregard of the fact that such person is a legal or illegal alien. In addition, H.R. 1196 would criminalize the transporting, moving, harboring, concealing, or shielding from detection of a person either inside or outside the United States when the violator does so knowingly or in reckless disregard of the fact that such person is an illegal alien. The bill also proscribes conspiracy or attempt to commit any of the above violations. In instances not involving the motivation of financial gain, violations of these offenses would be punishable by criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both. In instances involving the motivation of financial gain, violations of these offenses would be punishable by criminal sanctions of up to 20 years imprisonment, fines under Title 18 of the U.S. Code, or both. Repeat offenses or violations involving more than one alien would subject violators to a statutory mandatory minimum sentence of three years imprisonment. Additional mandatory minimums exist for violations involving the transportation of aliens in a "crowded, dangerous, or inhumane manner" (five years imprisonment), serious bodily injury to any person (seven years imprisonment), suspected terrorist activity (10 years imprisonment), or death (10 years imprisonment). H.R. 1196 also asserts jurisdiction outside the territory of the United States over all of the conduct covered by its criminal offenses.
H.R. 1183: Suzanne Gonzales Suicide Prevention Act of 2011
Sponsor: Herger (R - CA)
Official Title: A bill to amend Title 18, United States Code, to prohibit the use of interstate commerce for suicide promotion.
Status:
3/17/2011: Introduced in House
3/17/2011: Referred to House Judiciary Committee
Commentary: This bill is nearly identical to H.R. 853 from the 111th Congress, which was also introduced by Rep. Herger. Like its predecessor, H.R. 1183 would prohibit the knowing use of facilities of interstate or foreign commerce "to teach a particular person how to commit suicide, knowing that the person so taught is likely to use that teaching to commit suicide," or "to provide a particular person with material support or resources to help such person commit suicide, knowing that the person is likely to use the support to commit suicide." Violations of these provisions would be punishable by criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both. If an offense results in the death of any person, a violator would also be subject to criminal sanctions of up to life in prison, fines under Title 18 of the U.S. Code, or both. [Ed. note: This bill's prohibitions, aside from any constitutional infirmities, would probably not have prevented the suicide of the bill's namesake, who researched suicide methods online before killing herself in 2003, because the reference sources she consulted were not directed at a "particular person."]
S. 633: Small Business Contracting Fraud Prevention Act of 2011
Sponsor: Snowe (R - ME)
Official Title: A bill to prevent fraud in small business contracting, and for other purposes.
Status:
3/17/2011: Introduced in Senate
3/17/2011: Referred to Senate Small Business and Entrepreneurship Committee
Commentary: This bill would amend several sections of the Small Business Act to broaden the applicability of the penalties and remedies available to the Small Business Administration (SBA) in its punishment of specified misrepresentations and deceptions. Specifically, S. 633 prohibits individuals from "misrepresent[ing] the status of any concern or person as a small business concern, a qualified HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women, or a small business concern owned and controlled by service-disabled veterans." Likewise, the bill prohibits (1) "us[ing] the services of a business other than the business awarded the contract or subcontract to perform a greater percentage of work under a contract than is permitted by regulations issued by the" SBA and (2) "willfully participat[ing] in a scheme to circumvent regulations issued by the [SBA] governing the percentage of work that a contractor is required to perform on a contract." Violations of these provisions would be punishable under 15 U.S.C. § 645(d)(2), which allows for the following penalties: (1) criminal sanctions of up to 10 years imprisonment, a fine of not more than $500,000, or both; (2) administrative remedies prescribed by the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. § 3801 et seq.); (3) suspension and debarment as specified in subpart 9.4 of Title 48 of the Code of Federal Regulations; and (4) a prohibition on "participation in any program or activity conducted under the authority" of the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.). S. 633 also creates a separate (and seemingly redundant) suspension and debarment provision for business concerns that "willfully and knowingly" misrepresent that they are small business concerns "owned and controlled by service-disabled veterans."
S. Amendment 253:
Sponsor: Snowe (R - ME)
Official Title:
Status:
3/28/2011: 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. 633, which was also introduced by Senator Snowe. This amendment would modify several sections of the Small Business Act to broaden the applicability of the penalties and remedies available to the Small Business Administration (SBA) in its punishment of specified misrepresentations and deceptions. Specifically, S. Amendment 253 prohibits individuals from "misrepresent[ing] the status of any concern or person as a small business concern, a qualified HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women, or a small business concern owned and controlled by service-disabled veterans." Likewise, the amendment prohibits (1) "us[ing] the services of a business other than the business awarded the contract or subcontract to perform a greater percentage of work under a contract than is permitted by regulations issued by the" SBA and (2) "willfully participat[ing] in a scheme to circumvent regulations issued by the [SBA] governing the percentage of work that a contractor is required to perform on a contract." Violations of these provisions would be punishable under 15 U.S.C. § 645(d)(2), which allows for the following penalties: (1) criminal sanctions of up to 10 years imprisonment, a fine of not more than $500,000, or both; (2) administrative remedies prescribed by the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. § 3801 et seq.); (3) suspension and debarment as specified in subpart 9.4 of Title 48 of the Code of Federal Regulations; and (4) a prohibition on "participation in any program or activity conducted under the authority" of the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.). S. Amendment 253 also creates a separate (and seemingly redundant) suspension and debarment provision for business concerns that "willfully and knowingly" misrepresent that they are small business concerns "owned and controlled by service-disabled veterans."
S. 216: Food Safety Accountability Act of 2011
Sponsor: Leahy (D - VT)
Official Title: A bill to increase penalties for certain knowing and intentional violations relating to food that is misbranded or adulterated.
Status:
1/27/2011: Introduced in Senate
1/27/2011: Referred to Senate Judiciary Committee
3/31/2011: Mark up in the Senate Judiciary Committee
Commentary: This bill would create a new criminal law under Title 18 of the U.S. Code for certain violations of the Food, Drug, and Cosmetic Act (21 U.S.C. § 321 et seq.). Specifically, S. 216 would criminalize food violations of subsections 301(a), (b), (c), and (k) of the Food, Drug, and Cosmetic Act (codified at 21 U.S.C. § 331) that are engaged in "knowingly and intentionally to defraud or mislead" and "with conscious disregard or reckless disregard of a risk of death or serious bodily injury." Such violations would subject an individual to criminal sanctions of up to ten years imprisonment, fines under Title 18 of the U.S. Code, or both. S. 216 has a slightly more protective criminal-intent (mens rea) requirement than S. 3767 from the 111th Congress (Senator Leahy's 2010 version of the legislation). However, the new bill still authorizes redundant criminal punishment for acts that are already criminalized under 21 U.S.C. §§ 331 and 333. Under current law, violations are punishable by up to three years imprisonment, up to $10,000 in fines, or both when they involve an "intent to defraud or mislead" on the part of the defendant.
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Table of Contents
New:
H.R. 1196: Loophole Elimination and Verification Enforcement (LEAVE) Act
H.R. 1183: Suzanne Gonzales Suicide Prevention Act of 2011
S. 633: Small Business Contracting Fraud Prevention Act of 2011
S. Amendment 253:
Updates:
S. 216: Food Safety Accountability Act of 2011
--------------------------------------------------------------------------------
H.R. 1196: Loophole Elimination and Verification Enforcement (LEAVE) Act
Sponsor: Miller (R - CA)
Official Title: A bill to remove the incentives and loopholes that encourage illegal aliens to come to the United States to live and work, provide additional resources to local law enforcement and federal border and immigration officers, and for other purposes.
Status:
3/17/2011: Introduced in House
3/17/2011: Referred to House Judiciary Committee
3/17/2011: Referred to House Oversight and Government Reform Committee
3/17/2011: Referred to House Administration Committee
3/17/2011: Referred to House Financial Services Committee
3/17/2011: Referred to House Homeland Security Committee
3/17/2011: Referred to House Ways and Means Committee
3/17/2011: Referred to House Natural Resources Committee
Commentary: This bill is nearly identical to H.R. 994 from the 111th Congress, which was also introduced by Rep. Miller. Like its predecessor, H.R. 1196 would prohibit assisting, encouraging, directing, or inducing a person to enter, reside in, or remain in the United States "knowing or in reckless disregard of the fact that such person" is an illegal alien. The bill would also prohibit an individual from assisting, encouraging, directing, or inducing a person "to enter the United States at a place other than a designated port of entry ... regardless of whether such person has official permission or lawful authority to be in the United States" when they do so knowingly or in reckless disregard of the fact that such person is a legal or illegal alien. In addition, H.R. 1196 would criminalize the transporting, moving, harboring, concealing, or shielding from detection of a person either inside or outside the United States when the violator does so knowingly or in reckless disregard of the fact that such person is an illegal alien. The bill also proscribes conspiracy or attempt to commit any of the above violations. In instances not involving the motivation of financial gain, violations of these offenses would be punishable by criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both. In instances involving the motivation of financial gain, violations of these offenses would be punishable by criminal sanctions of up to 20 years imprisonment, fines under Title 18 of the U.S. Code, or both. Repeat offenses or violations involving more than one alien would subject violators to a statutory mandatory minimum sentence of three years imprisonment. Additional mandatory minimums exist for violations involving the transportation of aliens in a "crowded, dangerous, or inhumane manner" (five years imprisonment), serious bodily injury to any person (seven years imprisonment), suspected terrorist activity (10 years imprisonment), or death (10 years imprisonment). H.R. 1196 also asserts jurisdiction outside the territory of the United States over all of the conduct covered by its criminal offenses.
H.R. 1183: Suzanne Gonzales Suicide Prevention Act of 2011
Sponsor: Herger (R - CA)
Official Title: A bill to amend Title 18, United States Code, to prohibit the use of interstate commerce for suicide promotion.
Status:
3/17/2011: Introduced in House
3/17/2011: Referred to House Judiciary Committee
Commentary: This bill is nearly identical to H.R. 853 from the 111th Congress, which was also introduced by Rep. Herger. Like its predecessor, H.R. 1183 would prohibit the knowing use of facilities of interstate or foreign commerce "to teach a particular person how to commit suicide, knowing that the person so taught is likely to use that teaching to commit suicide," or "to provide a particular person with material support or resources to help such person commit suicide, knowing that the person is likely to use the support to commit suicide." Violations of these provisions would be punishable by criminal sanctions of up to five years imprisonment, fines under Title 18 of the U.S. Code, or both. If an offense results in the death of any person, a violator would also be subject to criminal sanctions of up to life in prison, fines under Title 18 of the U.S. Code, or both. [Ed. note: This bill's prohibitions, aside from any constitutional infirmities, would probably not have prevented the suicide of the bill's namesake, who researched suicide methods online before killing herself in 2003, because the reference sources she consulted were not directed at a "particular person."]
S. 633: Small Business Contracting Fraud Prevention Act of 2011
Sponsor: Snowe (R - ME)
Official Title: A bill to prevent fraud in small business contracting, and for other purposes.
Status:
3/17/2011: Introduced in Senate
3/17/2011: Referred to Senate Small Business and Entrepreneurship Committee
Commentary: This bill would amend several sections of the Small Business Act to broaden the applicability of the penalties and remedies available to the Small Business Administration (SBA) in its punishment of specified misrepresentations and deceptions. Specifically, S. 633 prohibits individuals from "misrepresent[ing] the status of any concern or person as a small business concern, a qualified HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women, or a small business concern owned and controlled by service-disabled veterans." Likewise, the bill prohibits (1) "us[ing] the services of a business other than the business awarded the contract or subcontract to perform a greater percentage of work under a contract than is permitted by regulations issued by the" SBA and (2) "willfully participat[ing] in a scheme to circumvent regulations issued by the [SBA] governing the percentage of work that a contractor is required to perform on a contract." Violations of these provisions would be punishable under 15 U.S.C. § 645(d)(2), which allows for the following penalties: (1) criminal sanctions of up to 10 years imprisonment, a fine of not more than $500,000, or both; (2) administrative remedies prescribed by the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. § 3801 et seq.); (3) suspension and debarment as specified in subpart 9.4 of Title 48 of the Code of Federal Regulations; and (4) a prohibition on "participation in any program or activity conducted under the authority" of the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.). S. 633 also creates a separate (and seemingly redundant) suspension and debarment provision for business concerns that "willfully and knowingly" misrepresent that they are small business concerns "owned and controlled by service-disabled veterans."
S. Amendment 253:
Sponsor: Snowe (R - ME)
Official Title:
Status:
3/28/2011: 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. 633, which was also introduced by Senator Snowe. This amendment would modify several sections of the Small Business Act to broaden the applicability of the penalties and remedies available to the Small Business Administration (SBA) in its punishment of specified misrepresentations and deceptions. Specifically, S. Amendment 253 prohibits individuals from "misrepresent[ing] the status of any concern or person as a small business concern, a qualified HUBZone small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by women, or a small business concern owned and controlled by service-disabled veterans." Likewise, the amendment prohibits (1) "us[ing] the services of a business other than the business awarded the contract or subcontract to perform a greater percentage of work under a contract than is permitted by regulations issued by the" SBA and (2) "willfully participat[ing] in a scheme to circumvent regulations issued by the [SBA] governing the percentage of work that a contractor is required to perform on a contract." Violations of these provisions would be punishable under 15 U.S.C. § 645(d)(2), which allows for the following penalties: (1) criminal sanctions of up to 10 years imprisonment, a fine of not more than $500,000, or both; (2) administrative remedies prescribed by the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. § 3801 et seq.); (3) suspension and debarment as specified in subpart 9.4 of Title 48 of the Code of Federal Regulations; and (4) a prohibition on "participation in any program or activity conducted under the authority" of the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.). S. Amendment 253 also creates a separate (and seemingly redundant) suspension and debarment provision for business concerns that "willfully and knowingly" misrepresent that they are small business concerns "owned and controlled by service-disabled veterans."
S. 216: Food Safety Accountability Act of 2011
Sponsor: Leahy (D - VT)
Official Title: A bill to increase penalties for certain knowing and intentional violations relating to food that is misbranded or adulterated.
Status:
1/27/2011: Introduced in Senate
1/27/2011: Referred to Senate Judiciary Committee
3/31/2011: Mark up in the Senate Judiciary Committee
Commentary: This bill would create a new criminal law under Title 18 of the U.S. Code for certain violations of the Food, Drug, and Cosmetic Act (21 U.S.C. § 321 et seq.). Specifically, S. 216 would criminalize food violations of subsections 301(a), (b), (c), and (k) of the Food, Drug, and Cosmetic Act (codified at 21 U.S.C. § 331) that are engaged in "knowingly and intentionally to defraud or mislead" and "with conscious disregard or reckless disregard of a risk of death or serious bodily injury." Such violations would subject an individual to criminal sanctions of up to ten years imprisonment, fines under Title 18 of the U.S. Code, or both. S. 216 has a slightly more protective criminal-intent (mens rea) requirement than S. 3767 from the 111th Congress (Senator Leahy's 2010 version of the legislation). However, the new bill still authorizes redundant criminal punishment for acts that are already criminalized under 21 U.S.C. §§ 331 and 333. Under current law, violations are punishable by up to three years imprisonment, up to $10,000 in fines, or both when they involve an "intent to defraud or mislead" on the part of the defendant.
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