From Overcriminalized.com:
Table of Contents
New:
H.R. 1657:
H.R. 1591: Sanctity of Eternal Rest for Veterans Act (SERVE Act) of 2011
H.R. 1588: Consumer Rental Purchase Agreement Act
H.R. 1579: Robert C. Byrd Mine Safety Protection Act of 2011
H.R. 1566: Protecting Servicemembers from Mortgage Abuses Act of 2011
H.R. 1537: Uniting American Families Act of 2011
H.R. 1493: Paycheck Fairness Act
H.R. 1483: Drug Safety Enhancement Act of 2011
S. 847: Safe Chemicals Act of 2011
S. 824: Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011
S. 821: Uniting American Families Act (UAFA Act)
S. 815: Sanctity of Eternal Rest for Veterans Act (SERVE Act) of 2011
S. 788: Fair Pay Act of 2011
Updates:
S. 216: Food Safety Accountability Act of 2011
S. 52: International Fisheries Stewardship and Enforcement Act
S. 46: Coral Reef Conservation Amendments Act
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H.R. 1657:
Sponsor: Stutzman (R - IN)
Official Title: A bill to amend title 38, United States Code, to revise the enforcement penalties for misrepresentation of a business concern as a small business concern owned and controlled by veterans or as a small business concern owned and controlled by service-disabled veterans.
Status:
4/15/2011: Introduced in House
4/15/2011: Referred to House Veteran Affairs Committee
5/3/2011: Hearing Held by House Subcommittee on Economic Opportunity
5/5/2011: Mark up in the House Subcommittee on Economic Opportunity
5/5/2011: Forwarded to full committee by voice vote in the House Subcommittee on Economic Opportunity
Commentary: This bill would amend section 8127 of Title 38, U.S. Code, to strengthen the enforcement penalties available to punish government contractors who misrepresent their business concerns as small business concerns owned and controlled by veterans or service-disabled veterans for the purpose of receiving favorable treatment in the U.S. Department of Veterans Affairs (VA) contracting process. Under current law (38 U.S.C. § 8127(g)), any business concern contracting with the VA that misrepresents its status as a "small business concern owned and controlled by veterans or as a small business concern owned and controlled by service-disabled veterans" is subject to debarment for "a reasonable period of time, as determined by the Secretary [of VA]." H.R. 1657 would amend section 8127(g) to mandate that such misrepresenting business concerns and all of their principals be subject to debarment from contracting with the VA for a period of at least five years.
H.R. 1591: Sanctity of Eternal Rest for Veterans Act (SERVE Act) of 2011
Sponsor: Bass (R - NH)
Official Title: A bill to guarantee that military funerals are conducted with dignity and respect.
Status:
4/15/2011: Introduced in House
4/15/2011: Referred to House Judiciary Committee
4/15/2011: Referred to House Veteran Affairs Committee
4/15/2011: Referred to House Armed Services Committee
Commentary: This bill, like its Senate counterpart (S. 815), would amend 18 U.S.C. § 1388 and 38 U.S.C. § 2413 to heighten the currently existing restrictions on disruptions of funerals for members or former members of the armed forces as well as the restrictions on demonstrations and disruptions at cemeteries under control of the National Cemetery Administration (NCA) and at Arlington National Cemetery. At present, § 1388 prohibits any person from engaging in prohibited activities "during the period beginning 60 minutes before and ending 60 minutes after" funerals for members or former members of the armed forces. Prohibited activities include "any individual willfully making or assisting in the making of any noise or diversion that is not part of such funeral and that disturbs or tends to disturb the peace or good order of such funeral with the intent of disturbing the peace or good order of that funeral." Prohibited activities also include "any individual willfully and without proper authorization impeding the access to or egress from such location with the intent to impede the access to or egress from such location." Violations of these provisions are punishable by criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 1591 would enhance the applicable criminal penalties for § 1388 violations to a maximum of two years imprisonment, fines under Title 18 of the U.S. Code, or both. Under current law, 38 U.S.C. § 2413 also prohibits "demonstration on the property of a cemetery under the control of the [NCA] or on the property of Arlington National Cemetery unless the demonstration has been approved by the cemetery superintendent or the director of the property on which the cemetery is located." Violators of this provision are punishable under 18 U.S.C. § 1387 and would be subject to criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 1591 would enhance the applicable criminal penalties for violations of § 2413 to a maximum of up to two years imprisonment, fines under Title 18 of the U.S. Code, or both. In addition to increasing the criminal penalties for violations of these provisions, the bill would enlarge the demonstration and disturbance buffer zone around all military funerals to a distance of 500 feet and increase the restricted time period at cemeteries from a period of one hour before and after a funeral to a period of two hours before and after a funeral.
H.R. 1588: Consumer Rental Purchase Agreement Act
Sponsor: Canseco (R - TX)
Official Title: A bill to amend the Consumer Credit Protection Act to assure meaningful disclosures of the terms of rental-purchase agreements, including disclosures of all costs to consumers under such agreements, to provide certain substantive rights to consumers under such agreements, and for other purposes.
Status:
4/15/2011: Introduced in House
4/15/2011: Referred to House Financial Services Committee
5/2/2011: Referred to House Subcommittee on Financial Institutions and Consumer Credit
Commentary: This bill is substantially similar to S. 738 from the 111th Congress, which was introduced by Senator Landrieu (D-LA). Like S. 738, H.R. 1588 would amend the Consumer Credit Protection Act (CCPA) (15 U.S.C. § 1601 et seq.) to require merchants offering goods under rental-purchase agreements to make detailed disclosures to consumers. The bill also creates a new criminal offense punishing any party that "willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of [the CCPA] or any regulation issued thereunder." Violations of this provision would be punishable by criminal sanctions of up to one year imprisonment, fines of up to $5,000, or both.
H.R. 1579: Robert C. Byrd Mine Safety Protection Act of 2011
Sponsor: Miller (D - CA)
Official Title: A bill to improve compliance with mine safety and health laws, empower miners to raise safety concerns, prevent future mine tragedies, and for other purposes.
Status:
4/15/2011: Introduced in House
4/15/2011: Referred to House Education and the Workforce Committee
Commentary: This bill is substantially similar to H.R. 6495 from the 111th Congress, also introduced by Representative Miller. Under current law, section 820(d) of Title 30, U.S. Code, 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. H.R. 1579 would maintain the "knowingly" criminal intent standard for violations of orders issued by the Secretary of Labor, but would significantly lower the protectiveness of the mental state required to prove violations of mandatory mining health and safety standards from "willfully" to "knowingly." Violators of such standards or orders are currently subject to imprisonment for up to one year, a fine of up to $250,000, or both for the first conviction, and imprisonment for up to five years, a fine of $500,000, or both for subsequent convictions. H.R. 1579 would keep most of this penalty structure in place, but would increase the maximum criminal fine for subsequent violations to a maximum of $1,000,000. The bill would also create an enhanced penalty scheme for knowing violations of 820(d) that "recklessly expose[] a miner to significant risk of serious injury, serious illness, or death." Violations satisfying this (non-strenuous) standard would be subject to criminal sanctions of up to five years imprisonment, fines of up to $1,000,000, or both on the first conviction, and sanctions of up to 10 years imprisonment, fines of up to $2,000,000, or both for subsequent convictions. In addition, H.R. 1579 would make it a criminal violation to knowingly retaliate against an individual because they provide information related to an apparent health or safety violation to a Department of Labor representative, state or local mine safety or health official, or other law enforcement officer. 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. It is also important to note that this bill broadens the potential for criminal liability of corporate officers in the mining context. Under 30 U.S.C. § 820(c), a director, officer, or agent of a corporate violator who "knowingly authorized, ordered, or carried out" the conduct leading to the violation is subject to prosecution to the same extent as the corporation. H.R. 1579 goes even further in holding corporate officers criminally responsible for the knowing authorization of any "policy or practice" that leads to the violation. This is particularly problematic given that the term "knowingly" will not necessarily be interpreted by the courts to require the government to prove that the director, officer, or agent had any actual knowledge that the policy or practice he authorized, ordered, or carried out would lead to an unlawful violation.
H.R. 1566: Protecting Servicemembers from Mortgage Abuses Act of 2011
Sponsor: Walz (D - MN)
Official Title: To amend the Servicemembers Civil Relief Act to enhance protections for members of the uniformed services relating to mortgages, mortgage foreclosure, and eviction, and for other purposes.
Status:
4/14/2011: Introduced in House
4/14/2011: Referred to House Judiciary Committee
4/14/2011: Referred to House Veteran Affairs Committee
Commentary: This bill, like its Senate counterpart (S. 486), would amend the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) to increase the criminal penalties for landlords and mortgage lienholders who violate the mandates of the act's property-law protections for active military servicemembers. Currently, the SCRA makes it a criminal misdemeanor for a mortgage lienholder to "knowingly make[] or cause[]" the sale, foreclosure, or seizure of military servicemember property without a proper court order prior to the conclusion of a 90-day grace period following the end of active service (50 U.S.C. App. § 533). Violations of this provision are currently punishable by up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 1566 would make violations a criminal felony and increase the maximum incarceration penalty for such a violation from a limit of up to one year imprisonment to a maximum of up to two years imprisonment. The SCRA also currently makes it a criminal misdemeanor for a landlord to "knowingly take[] part in an eviction or distress" associated with certain premises that are occupied or intended to be occupied as a residence by a servicemember or the dependents of a servicemember without a proper court order (50 U.S.C. App. § 531). Knowing "attempts to do so" without such a court order are also sanctionable as a criminal misdemeanor under the SCRA. Violations of these eviction or distress provisions are currently punishable by up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 1566 would make such violations a criminal felony and increase the maximum term of incarceration from one year to two years. The bill fails to define with adequate clarity what knowledge of the law and the facts that an accused landlord or mortgage lienholder must have in order to be convicted of its criminal offenses.
H.R. 1537: Uniting American Families Act of 2011
Sponsor: Nadler (D - NY)
Official Title: A bill to amend the Immigration and Nationality Act to promote family unity, and for other purposes.
Status:
4/14/2011: Introduced in House
4/14/2011: Referred to House Judiciary Committee
Commentary: This bill, much like its Senate companion bill (S. 821), would make amendments to the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) to allow the "permanent partners" of U.S. citizens and lawful permanent residents to apply for permanent resident status under federal immigration laws in the same manner as the legal spouses of U.S. citizens or lawful permanent residents. H.R. 1537 defines a "permanent partner" as an individual age 18 or older who is: (a) "in a committed, intimate relationship with another individual 18 years of age or older in which both individuals intend a lifelong commitment"; (b) "financially interdependent with that other individual"; (c) "not married to, or in a permanent partnership with, any individual other than that other individual"; (d) "unable to contract with that other individual a marriage cognizable under this Act"; and (e) "not a first, second, or third degree blood relation of that other individual." In addition, H.R. 1537 would make the criminal penalties that are applicable to spouses who evade U.S. immigration laws by misrepresenting or concealing facts concerning the nature of their marital relationship applicable to permanent partners. Specifically, the bill would amend 8 U.S.C. § 1325(c) to prohibit any individual from "knowingly enter[ing] into a marriage or permanent partnership for the purpose of evading any provision of the immigration laws." Violations of this provision would be punishable by criminal sanctions of up to five years imprisonment, fines of up to $250,000, or both.
H.R. 1493: Paycheck Fairness Act
Sponsor: Holmes Norton (D - DC)
Official Title: A bill to amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes.
Status:
4/12/2011: Introduced in House
4/12/2011: Referred to House Education and the Workforce Committee
Commentary: This bill, much like its Senate counterpart S. 788, would amend the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) to expand the anti-discrimination and equal-pay protections of the FLSA for a range of employee classifications, including those related to sex, race, and national origin. Specifically, H.R. 1493 would add a new section (section 6(h)) to the FLSA's wage regulation provisions (29 U.S.C. § 206), which would prohibit the "paying [of] wages to employees ... in a job that is dominated by employees of a particular sex, race, or national origin at a rate less than the rate at which the employer pays wages to employees ... in another job that is dominated by employees of the opposite sex or of a different race or national origin, respectively, for work on equivalent jobs." In addition, the bill would add two prohibitions to the provisions of 29 U.S.C. § 215(a) that forbid specific forms of employer discrimination. The first new provision would prohibit an employer from "discriminat[ing] against any individual because such individual has opposed any act or practice made unlawful by section 6(h) [of the FLSA] or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce section 6(h) [of the FLSA]." The second new provision would forbid an employer from "discharge[ing] or in any other manner discriminat[ing] against, coerc[ing], intimidate[ing], threaten[ing], or interfer[ing] with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(h) [of the FLSA]." Violations of either of these provisions would be punishable under 29 U.S.C. § 216(a) through criminal sanctions of up to six months imprisonment, fines of up to $10,000, or both.
H.R. 1483: Drug Safety Enhancement Act of 2011
Sponsor: Dingell (D - MI)
Official Title: A bill to amend the Federal Food, Drug, and Cosmetic Act to improve the safety of drugs, and for other purposes.
Status:
4/12/2011: Introduced in House
4/12/2011: Referred to House Energy and Commerce Committee
Commentary: This bill, which is nearly identical to H.R. 6543 from the 111th Congress (also sponsored by Rep. Dingell), would amend the federal Food, Drug, and Cosmetic Act (FDC Act) to expand the Food and Drug Administration's (FDA) authority to monitor drug production domestically and overseas. H.R. 1483 would grant FDA additional enforcement mechanisms, including mandatory recall authority, increased civil and criminal penalties, and expanded authority to subpoena records related to possible violations. Title 21 U.S.C. § 333 currently punishes initial violations of the FDC Act with criminal sanctions of up to one year imprisonment, fines of up to $1,000, or both, and subsequent violations of the Act with criminal sanctions of up to three years imprisonment, fines of up to $10,000, or both. H.R. 1483 would amend section 333 of Title 21 to increase criminal sanctions for certain violations under the FDC Act, particularly infringements of 21 U.S.C. §§ 331(a), (b), (c), (d), (f), (g), (i), (k), and (jj)(3). Violations of these sections would be punishable by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 1483 would also lift the cap on criminal fines for "prescription drug marketing violations" by amending section 333 of Title 21 to allow for fines in accordance with Title 18 of the U.S. Code rather than fines of up to $250,000. Finally, the bill would also amend section 333 of Title 21 to allow for the criminal forfeiture of "any property, real or personal, constituting or traceable to the gross proceeds obtained, directly or indirectly, as a result of" any violation, or conspiracy to commit any violation, of the FDC Act with respect to drugs.
S. 847: Safe Chemicals Act of 2011
Sponsor: Lautenberg (D - NJ)
Official Title: A bill to amend the Toxic Substances Control Act to ensure that risks from chemicals are adequately understood and managed, and for other purposes.
Status:
4/14/2011: Introduced in Senate
4/14/2011: Referred to Senate Environment and Public Works Committee
Commentary: This bill is substantially similar to S. 3209 from the 111th Congress, which was also introduced by Senator Lautenberg. At present, the Toxic Substances Control Act (TSCA) establishes a regulatory scheme for chemical substances and mixtures that includes testing for safety and the regulation or prohibition on the manufacture, distribution, or use of substances or mixtures that present an "unreasonable" risk of harm to health or the environment. Section 2614 of Title 15, U.S. Code, prohibits specified acts relating to the covered substances, including failing to comply with a rule or regulation promulgated by the EPA Administrator. Section 2615 of Title 15 specifies the civil and criminal penalties for such violations. This bill would change the criminal-intent (mens rea) requirement for section 2615 from "knowingly or willfully" to simply "knowingly." It would also increase the maximum term of incarceration for knowing violations of section 2615 from one year to five years and increase the maximum fine from $25,000 per day of violation to $50,000 per day. In addition, S. 847 would create a new offense under the TCSA for any person who "knowingly violates any provision of [the] Act and who knows at the time that the violation places another person in imminent danger of death or serious bodily injury." A violation by an individual would be punishable by imprisonment for up to 15 years, a fine of up to $250,000, or both. A violation by an organization would be punishable by a fine of up to $1 million.
S. 824: Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011
Sponsor: Brown (D - OH)
Official Title: A bill to provide for enhanced mortgage-backed and asset-backed security investor protections, to prevent foreclosure fraud, and for other purposes.
Status:
4/14/2011: Introduced in Senate
4/14/2011: Referred to Senate Banking, Housing and Urban Affairs Committee
Commentary: This bill would amend various provisions of the Trust Indenture Act (TIA) (15 U.S.C. § 77aa et seq.), the Truth in Lending Act (15 U.S.C. § 1631 et seq.), the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.), and the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) to broaden the scope of each act to include both mortgage-backed and asset-backed securities. In addition, S. 824 would increase the existing criminal penalties for violations of the TIA (15 U.S.C. § 77yyy). Currently, willful violations of the TIA, and false statements or material omissions related to any "application, report, or document filed or required to be filed under the provisions" of the TIA, are punishable by criminal sanctions of up to five years imprisonment, fines of up to $10,000, or both. S. 824 would increase the maximum allowable criminal fine under section 77yyy from $10,000 to $40,000.
S. 821: Uniting American Families Act (UAFA Act)
Sponsor: Leahy (D - VT)
Official Title: A bill to amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents and to penalize immigration fraud in connection with permanent partnerships.
Status:
4/14/2011: Introduced in Senate
4/14/2011: Referred to Senate Judiciary Committee
Commentary: This bill, much like its House companion bill (H.R. 1537), would make amendments to the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) to allow the "permanent partners" of U.S. citizens and lawful permanent residents to apply for permanent resident status under federal immigration laws in the same manner as the legal spouses of U.S. citizens or lawful permanent residents. S. 821 defines a "permanent partner" as an individual age 18 or older who is: (a) "in a committed, intimate relationship with another individual 18 years of age or older in which both individuals intend a lifelong commitment"; (b) "financially interdependent with that other individual"; (c) "not married to, or in a permanent partnership with, any individual other than that other individual"; (d) "unable to contract with that other individual a marriage cognizable under this Act"; and (e) "not a first, second, or third degree blood relation of that other individual." In addition, S. 821 would make the criminal penalties that are applicable to spouses who evade U.S. immigration laws by misrepresenting or concealing facts concerning the nature of their marital relationship applicable to permanent partners. Specifically, the bill would amend 8 U.S.C. § 1325(c) to prohibit any individual from "knowingly enter[ing] into a marriage or permanent partnership for the purpose of evading any provision of the immigration laws." Violations of this provision would be punishable by criminal sanctions of up to five years imprisonment, fines of up to $250,000, or both.
S. 815: Sanctity of Eternal Rest for Veterans Act (SERVE Act) of 2011
Sponsor: Snowe (R - ME)
Official Title: A bill to guarantee that military funerals are conducted with dignity and respect.
Status:
4/13/2011: Introduced in Senate
4/13/2011: Referred to Senate Veterans Affairs Committee
Commentary: This bill, like its House counterpart (H.R.1591), would amend 18 U.S.C. § 1388 and 38 U.S.C. § 2413 to heighten the currently existing restrictions on disruptions of funerals for members or former members of the armed forces as well as the restrictions on demonstrations and disruptions at cemeteries under control of the National Cemetery Administration (NCA) and at Arlington National Cemetery. At present, § 1388 prohibits any person from engaging in prohibited activities "during the period beginning 60 minutes before and ending 60 minutes after" funerals for members or former members of the armed forces. Prohibited activities include "any individual willfully making or assisting in the making of any noise or diversion that is not part of such funeral and that disturbs or tends to disturb the peace or good order of such funeral with the intent of disturbing the peace or good order of that funeral." Prohibited activities also include "any individual willfully and without proper authorization impeding the access to or egress from such location with the intent to impede the access to or egress from such location." Violations of these provisions are punishable by criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. S. 815 would enhance the applicable criminal penalties for § 1388 violations to a maximum of two years imprisonment, fines under Title 18 of the U.S. Code, or both. Under current law, 38 U.S.C. § 2413 also prohibits "demonstration on the property of a cemetery under the control of the [NCA] or on the property of Arlington National Cemetery unless the demonstration has been approved by the cemetery superintendent or the director of the property on which the cemetery is located." Violators of this provision are punishable under 18 U.S.C. § 1387 and would be subject to criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. S. 815 would enhance the applicable criminal penalties for violations of § 2413 to a maximum of up to two years imprisonment, fines under Title 18 of the U.S. Code, or both. In addition to increasing the criminal penalties for violations of these provisions, the bill would enlarge the demonstration and disturbance buffer zone around all military funerals to a distance of 500 feet and increase the restricted time period at cemeteries from a period of one hour before and after a funeral to a period of two hours before and after a funeral.
S. 788: Fair Pay Act of 2011
Sponsor: Harkin (D - IA)
Official Title: A bill to amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes.
Status:
4/12/2011: Introduced in Senate
4/12/2011: Referred to Senate Health, Education, Labor and Pensions Committee
Commentary: This bill, much like its House counterpart H.R.1493, would amend the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) to expand the anti-discrimination and equal-pay protections of the FLSA for a range of employee classifications, including those related to sex, race, and national origin. Specifically, S. 788 would add a new section (section 6(h)) to the FLSA's wage regulation provisions (29 U.S.C. § 206), which would prohibit the "paying [of] wages to employees ... in a job that is dominated by employees of a particular sex, race, or national origin at a rate less than the rate at which the employer pays wages to employees ... in another job that is dominated by employees of the opposite sex or of a different race or national origin, respectively, for work on equivalent jobs." In addition, the bill would add two prohibitions to the provisions of 29 U.S.C. § 215(a) that forbid specific forms of employer discrimination. The first new provision would prohibit an employer from "discriminat[ing] against any individual because such individual has opposed any act or practice made unlawful by section 6(h) [of the FLSA] or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce section 6(h) [of the FLSA]." The second new provision would forbid an employer from "discharge[ing] or in any other manner discriminat[ing] against, coerc[ing], intimidate[ing], threaten[ing], or interfer[ing] with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(h) [of the FLSA]." Violations of either of these provisions would be punishable under 29 U.S.C. § 216(a) through criminal sanctions of up to six months imprisonment, fines of up to $10,000, or both.
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
3/31/2011: Ordered to be reported with an amendment in the nature of a substitute by Senate Judiciary Committee
3/31/2011: Reported to Senate with an amendment in the nature of a substitute by Senate Judiciary Committee
3/31/2011: Placed on Senate calendar
4/14/2011: Senate passage with amendment by unanimous consent
4/15/2011: Received in House
4/15/2011: Referred to House Judiciary Committee
4/15/2011: Referred to House Energy and Commerce Committee
Commentary: This bill would create new criminal offenses 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 a person engages 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. [Ed. note: The amended version of S. 216 that the Senate Judiciary Committee reported out for consideration by the full Senate addresses most of the redundancy problem described above, but the criminal offenses remain vague, overly broad, and insufficiently protective of those making innocent mistakes.]
S. 52: International Fisheries Stewardship and Enforcement Act
Sponsor: Inouye (D - HI)
Official Title: A bill to establish uniform administrative and enforcement procedures and penalties for the enforcement of the High Seas Driftnet Fishing Moratorium Protection Act and similar statutes, and for other purposes.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Commerce, Science and Transportation Committee
5/5/2011: Mark up in the Senate Commerce, Science and Transportation Committee
5/5/2011: Ordered to be reported with an amendment in the nature of a substitute by Senate Commerce, Science and Transportation Committee
Commentary: This bill is similar to several bills introduced in the 110th and 111th Congresses dealing with the enforcement mechanisms available to stop and deter illegal, unreported, and unregulated fishing operations. S. 52's new criminal provisions apply to violations of a number of existing statutes, including the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act, which cover various forms of protected marine life. In addition to criminalizing violations of those acts, the bill establishes criminal penalties, including large maximum fines, for a wide range of offenses. In particular, S. 52 would make it a criminal offense to: (1) violate any provision of the legislation or any regulation promulgated thereunder; (2) "refuse to permit any authorized officer to board, search, or inspect a vessel, conveyance, or shoreside facility" subject to inspection under the Act; (3) "forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection" authorized under the Act; (4) "resist a lawful arrest for any act" prohibited by the legislation; (5) "interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed" a violation of the Act; (6) "forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer [or data collector] on a vessel" subject to inspection under the Act; (7) "import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce" any fish or fish product taken in violation of any treaty or agreement to which the United States is a party; or (8) make or submit a false record, account, label for, or identification of any fish that passes in interstate or foreign commerce. Violations of prohibitions 2, 3, 4, 5, and 6 by individual actors would be punishable by criminal sanctions of up to five years imprisonment, fines of up to $500,000, or both, regardless of the criminal intent of the accused. The maximum term of imprisonment would be raised to ten years for individuals who used a "dangerous weapon," engaged in conduct that caused bodily injury to a government enforcement officer, or placed any such officer in "fear of imminent bodily injury." Entities violating prohibitions 2, 3, 4, 5, and 6 would be subject to an elevated maximum fine of $1,000,000. "Knowing" violations of any of S. 52's criminal prohibitions by an individual actor would be punishable by criminal sanctions of up to five years imprisonment, fines of up to $500,000, or both. "Knowing" violations of S. 52's criminal provisions by an entity would subject that entity to a criminal fine of up to $1,000,000. A person or entity convicted of a criminal violation under the provisions of this bill would also be subject to criminal forfeiture of "any property, real or personal, constituting or traceable to the gross proceeds obtained, or retained, as a result of the offense," including any marine species taken in connection with the offense, and "any property, real or personal, used or intended to be used to commit or to facilitate the commission of the offense," including all relevant shoreside property.
S. 46: Coral Reef Conservation Amendments Act
Sponsor: Inouye (D - HI)
Official Title: A bill to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Commerce, Science and Transportation Committee
5/5/2011: Mark up in the Senate Commerce, Science and Transportation Committee
5/5/2011: Ordered to be reported with an amendment in the nature of a substitute by Senate Commerce, Science and Transportation Committee
Commentary: This bill reauthorizes the Coral Reef Conservation Act of 2000. With certain limited exceptions, the bill makes it unlawful to "destroy, take, cause the loss of, or injure any coral reef" or component; to "possess, sell, deliver, carry, transport, or ship" coral taken in violation of the Act; or to violate permits issued or regulations promulgated pursuant to the Act by the Department of Interior or Department of Commerce. A person who "knowingly violates" one of these provisions is subject to up to five years imprisonment, criminal fines, or both. The bill also criminalizes the refusal to permit federal officers to board a vessel for purposes of inspection and enforcement of the Coral Reef Conservation Act, and criminalizes "resisting, opposing, impeding, intimidating, harassing, bribing, interfering with, ... forcibly assaulting," or submitting false information to any federal official in connection with such searches or inspections. A person who "knowingly commits" one of these acts is subject to up to five years imprisonment, criminal fines of up to $500,000 ($1 million for organizations), or both. If a dangerous weapon is used that "causes bodily injury" to the officer or places him "in fear of imminent bodily injury," the maximum prison term is doubled to 10 years.
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Table of Contents
New:
H.R. 1657:
H.R. 1591: Sanctity of Eternal Rest for Veterans Act (SERVE Act) of 2011
H.R. 1588: Consumer Rental Purchase Agreement Act
H.R. 1579: Robert C. Byrd Mine Safety Protection Act of 2011
H.R. 1566: Protecting Servicemembers from Mortgage Abuses Act of 2011
H.R. 1537: Uniting American Families Act of 2011
H.R. 1493: Paycheck Fairness Act
H.R. 1483: Drug Safety Enhancement Act of 2011
S. 847: Safe Chemicals Act of 2011
S. 824: Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011
S. 821: Uniting American Families Act (UAFA Act)
S. 815: Sanctity of Eternal Rest for Veterans Act (SERVE Act) of 2011
S. 788: Fair Pay Act of 2011
Updates:
S. 216: Food Safety Accountability Act of 2011
S. 52: International Fisheries Stewardship and Enforcement Act
S. 46: Coral Reef Conservation Amendments Act
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H.R. 1657:
Sponsor: Stutzman (R - IN)
Official Title: A bill to amend title 38, United States Code, to revise the enforcement penalties for misrepresentation of a business concern as a small business concern owned and controlled by veterans or as a small business concern owned and controlled by service-disabled veterans.
Status:
4/15/2011: Introduced in House
4/15/2011: Referred to House Veteran Affairs Committee
5/3/2011: Hearing Held by House Subcommittee on Economic Opportunity
5/5/2011: Mark up in the House Subcommittee on Economic Opportunity
5/5/2011: Forwarded to full committee by voice vote in the House Subcommittee on Economic Opportunity
Commentary: This bill would amend section 8127 of Title 38, U.S. Code, to strengthen the enforcement penalties available to punish government contractors who misrepresent their business concerns as small business concerns owned and controlled by veterans or service-disabled veterans for the purpose of receiving favorable treatment in the U.S. Department of Veterans Affairs (VA) contracting process. Under current law (38 U.S.C. § 8127(g)), any business concern contracting with the VA that misrepresents its status as a "small business concern owned and controlled by veterans or as a small business concern owned and controlled by service-disabled veterans" is subject to debarment for "a reasonable period of time, as determined by the Secretary [of VA]." H.R. 1657 would amend section 8127(g) to mandate that such misrepresenting business concerns and all of their principals be subject to debarment from contracting with the VA for a period of at least five years.
H.R. 1591: Sanctity of Eternal Rest for Veterans Act (SERVE Act) of 2011
Sponsor: Bass (R - NH)
Official Title: A bill to guarantee that military funerals are conducted with dignity and respect.
Status:
4/15/2011: Introduced in House
4/15/2011: Referred to House Judiciary Committee
4/15/2011: Referred to House Veteran Affairs Committee
4/15/2011: Referred to House Armed Services Committee
Commentary: This bill, like its Senate counterpart (S. 815), would amend 18 U.S.C. § 1388 and 38 U.S.C. § 2413 to heighten the currently existing restrictions on disruptions of funerals for members or former members of the armed forces as well as the restrictions on demonstrations and disruptions at cemeteries under control of the National Cemetery Administration (NCA) and at Arlington National Cemetery. At present, § 1388 prohibits any person from engaging in prohibited activities "during the period beginning 60 minutes before and ending 60 minutes after" funerals for members or former members of the armed forces. Prohibited activities include "any individual willfully making or assisting in the making of any noise or diversion that is not part of such funeral and that disturbs or tends to disturb the peace or good order of such funeral with the intent of disturbing the peace or good order of that funeral." Prohibited activities also include "any individual willfully and without proper authorization impeding the access to or egress from such location with the intent to impede the access to or egress from such location." Violations of these provisions are punishable by criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 1591 would enhance the applicable criminal penalties for § 1388 violations to a maximum of two years imprisonment, fines under Title 18 of the U.S. Code, or both. Under current law, 38 U.S.C. § 2413 also prohibits "demonstration on the property of a cemetery under the control of the [NCA] or on the property of Arlington National Cemetery unless the demonstration has been approved by the cemetery superintendent or the director of the property on which the cemetery is located." Violators of this provision are punishable under 18 U.S.C. § 1387 and would be subject to criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 1591 would enhance the applicable criminal penalties for violations of § 2413 to a maximum of up to two years imprisonment, fines under Title 18 of the U.S. Code, or both. In addition to increasing the criminal penalties for violations of these provisions, the bill would enlarge the demonstration and disturbance buffer zone around all military funerals to a distance of 500 feet and increase the restricted time period at cemeteries from a period of one hour before and after a funeral to a period of two hours before and after a funeral.
H.R. 1588: Consumer Rental Purchase Agreement Act
Sponsor: Canseco (R - TX)
Official Title: A bill to amend the Consumer Credit Protection Act to assure meaningful disclosures of the terms of rental-purchase agreements, including disclosures of all costs to consumers under such agreements, to provide certain substantive rights to consumers under such agreements, and for other purposes.
Status:
4/15/2011: Introduced in House
4/15/2011: Referred to House Financial Services Committee
5/2/2011: Referred to House Subcommittee on Financial Institutions and Consumer Credit
Commentary: This bill is substantially similar to S. 738 from the 111th Congress, which was introduced by Senator Landrieu (D-LA). Like S. 738, H.R. 1588 would amend the Consumer Credit Protection Act (CCPA) (15 U.S.C. § 1601 et seq.) to require merchants offering goods under rental-purchase agreements to make detailed disclosures to consumers. The bill also creates a new criminal offense punishing any party that "willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of [the CCPA] or any regulation issued thereunder." Violations of this provision would be punishable by criminal sanctions of up to one year imprisonment, fines of up to $5,000, or both.
H.R. 1579: Robert C. Byrd Mine Safety Protection Act of 2011
Sponsor: Miller (D - CA)
Official Title: A bill to improve compliance with mine safety and health laws, empower miners to raise safety concerns, prevent future mine tragedies, and for other purposes.
Status:
4/15/2011: Introduced in House
4/15/2011: Referred to House Education and the Workforce Committee
Commentary: This bill is substantially similar to H.R. 6495 from the 111th Congress, also introduced by Representative Miller. Under current law, section 820(d) of Title 30, U.S. Code, 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. H.R. 1579 would maintain the "knowingly" criminal intent standard for violations of orders issued by the Secretary of Labor, but would significantly lower the protectiveness of the mental state required to prove violations of mandatory mining health and safety standards from "willfully" to "knowingly." Violators of such standards or orders are currently subject to imprisonment for up to one year, a fine of up to $250,000, or both for the first conviction, and imprisonment for up to five years, a fine of $500,000, or both for subsequent convictions. H.R. 1579 would keep most of this penalty structure in place, but would increase the maximum criminal fine for subsequent violations to a maximum of $1,000,000. The bill would also create an enhanced penalty scheme for knowing violations of 820(d) that "recklessly expose[] a miner to significant risk of serious injury, serious illness, or death." Violations satisfying this (non-strenuous) standard would be subject to criminal sanctions of up to five years imprisonment, fines of up to $1,000,000, or both on the first conviction, and sanctions of up to 10 years imprisonment, fines of up to $2,000,000, or both for subsequent convictions. In addition, H.R. 1579 would make it a criminal violation to knowingly retaliate against an individual because they provide information related to an apparent health or safety violation to a Department of Labor representative, state or local mine safety or health official, or other law enforcement officer. 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. It is also important to note that this bill broadens the potential for criminal liability of corporate officers in the mining context. Under 30 U.S.C. § 820(c), a director, officer, or agent of a corporate violator who "knowingly authorized, ordered, or carried out" the conduct leading to the violation is subject to prosecution to the same extent as the corporation. H.R. 1579 goes even further in holding corporate officers criminally responsible for the knowing authorization of any "policy or practice" that leads to the violation. This is particularly problematic given that the term "knowingly" will not necessarily be interpreted by the courts to require the government to prove that the director, officer, or agent had any actual knowledge that the policy or practice he authorized, ordered, or carried out would lead to an unlawful violation.
H.R. 1566: Protecting Servicemembers from Mortgage Abuses Act of 2011
Sponsor: Walz (D - MN)
Official Title: To amend the Servicemembers Civil Relief Act to enhance protections for members of the uniformed services relating to mortgages, mortgage foreclosure, and eviction, and for other purposes.
Status:
4/14/2011: Introduced in House
4/14/2011: Referred to House Judiciary Committee
4/14/2011: Referred to House Veteran Affairs Committee
Commentary: This bill, like its Senate counterpart (S. 486), would amend the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) to increase the criminal penalties for landlords and mortgage lienholders who violate the mandates of the act's property-law protections for active military servicemembers. Currently, the SCRA makes it a criminal misdemeanor for a mortgage lienholder to "knowingly make[] or cause[]" the sale, foreclosure, or seizure of military servicemember property without a proper court order prior to the conclusion of a 90-day grace period following the end of active service (50 U.S.C. App. § 533). Violations of this provision are currently punishable by up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 1566 would make violations a criminal felony and increase the maximum incarceration penalty for such a violation from a limit of up to one year imprisonment to a maximum of up to two years imprisonment. The SCRA also currently makes it a criminal misdemeanor for a landlord to "knowingly take[] part in an eviction or distress" associated with certain premises that are occupied or intended to be occupied as a residence by a servicemember or the dependents of a servicemember without a proper court order (50 U.S.C. App. § 531). Knowing "attempts to do so" without such a court order are also sanctionable as a criminal misdemeanor under the SCRA. Violations of these eviction or distress provisions are currently punishable by up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 1566 would make such violations a criminal felony and increase the maximum term of incarceration from one year to two years. The bill fails to define with adequate clarity what knowledge of the law and the facts that an accused landlord or mortgage lienholder must have in order to be convicted of its criminal offenses.
H.R. 1537: Uniting American Families Act of 2011
Sponsor: Nadler (D - NY)
Official Title: A bill to amend the Immigration and Nationality Act to promote family unity, and for other purposes.
Status:
4/14/2011: Introduced in House
4/14/2011: Referred to House Judiciary Committee
Commentary: This bill, much like its Senate companion bill (S. 821), would make amendments to the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) to allow the "permanent partners" of U.S. citizens and lawful permanent residents to apply for permanent resident status under federal immigration laws in the same manner as the legal spouses of U.S. citizens or lawful permanent residents. H.R. 1537 defines a "permanent partner" as an individual age 18 or older who is: (a) "in a committed, intimate relationship with another individual 18 years of age or older in which both individuals intend a lifelong commitment"; (b) "financially interdependent with that other individual"; (c) "not married to, or in a permanent partnership with, any individual other than that other individual"; (d) "unable to contract with that other individual a marriage cognizable under this Act"; and (e) "not a first, second, or third degree blood relation of that other individual." In addition, H.R. 1537 would make the criminal penalties that are applicable to spouses who evade U.S. immigration laws by misrepresenting or concealing facts concerning the nature of their marital relationship applicable to permanent partners. Specifically, the bill would amend 8 U.S.C. § 1325(c) to prohibit any individual from "knowingly enter[ing] into a marriage or permanent partnership for the purpose of evading any provision of the immigration laws." Violations of this provision would be punishable by criminal sanctions of up to five years imprisonment, fines of up to $250,000, or both.
H.R. 1493: Paycheck Fairness Act
Sponsor: Holmes Norton (D - DC)
Official Title: A bill to amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes.
Status:
4/12/2011: Introduced in House
4/12/2011: Referred to House Education and the Workforce Committee
Commentary: This bill, much like its Senate counterpart S. 788, would amend the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) to expand the anti-discrimination and equal-pay protections of the FLSA for a range of employee classifications, including those related to sex, race, and national origin. Specifically, H.R. 1493 would add a new section (section 6(h)) to the FLSA's wage regulation provisions (29 U.S.C. § 206), which would prohibit the "paying [of] wages to employees ... in a job that is dominated by employees of a particular sex, race, or national origin at a rate less than the rate at which the employer pays wages to employees ... in another job that is dominated by employees of the opposite sex or of a different race or national origin, respectively, for work on equivalent jobs." In addition, the bill would add two prohibitions to the provisions of 29 U.S.C. § 215(a) that forbid specific forms of employer discrimination. The first new provision would prohibit an employer from "discriminat[ing] against any individual because such individual has opposed any act or practice made unlawful by section 6(h) [of the FLSA] or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce section 6(h) [of the FLSA]." The second new provision would forbid an employer from "discharge[ing] or in any other manner discriminat[ing] against, coerc[ing], intimidate[ing], threaten[ing], or interfer[ing] with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(h) [of the FLSA]." Violations of either of these provisions would be punishable under 29 U.S.C. § 216(a) through criminal sanctions of up to six months imprisonment, fines of up to $10,000, or both.
H.R. 1483: Drug Safety Enhancement Act of 2011
Sponsor: Dingell (D - MI)
Official Title: A bill to amend the Federal Food, Drug, and Cosmetic Act to improve the safety of drugs, and for other purposes.
Status:
4/12/2011: Introduced in House
4/12/2011: Referred to House Energy and Commerce Committee
Commentary: This bill, which is nearly identical to H.R. 6543 from the 111th Congress (also sponsored by Rep. Dingell), would amend the federal Food, Drug, and Cosmetic Act (FDC Act) to expand the Food and Drug Administration's (FDA) authority to monitor drug production domestically and overseas. H.R. 1483 would grant FDA additional enforcement mechanisms, including mandatory recall authority, increased civil and criminal penalties, and expanded authority to subpoena records related to possible violations. Title 21 U.S.C. § 333 currently punishes initial violations of the FDC Act with criminal sanctions of up to one year imprisonment, fines of up to $1,000, or both, and subsequent violations of the Act with criminal sanctions of up to three years imprisonment, fines of up to $10,000, or both. H.R. 1483 would amend section 333 of Title 21 to increase criminal sanctions for certain violations under the FDC Act, particularly infringements of 21 U.S.C. §§ 331(a), (b), (c), (d), (f), (g), (i), (k), and (jj)(3). Violations of these sections would be punishable by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 1483 would also lift the cap on criminal fines for "prescription drug marketing violations" by amending section 333 of Title 21 to allow for fines in accordance with Title 18 of the U.S. Code rather than fines of up to $250,000. Finally, the bill would also amend section 333 of Title 21 to allow for the criminal forfeiture of "any property, real or personal, constituting or traceable to the gross proceeds obtained, directly or indirectly, as a result of" any violation, or conspiracy to commit any violation, of the FDC Act with respect to drugs.
S. 847: Safe Chemicals Act of 2011
Sponsor: Lautenberg (D - NJ)
Official Title: A bill to amend the Toxic Substances Control Act to ensure that risks from chemicals are adequately understood and managed, and for other purposes.
Status:
4/14/2011: Introduced in Senate
4/14/2011: Referred to Senate Environment and Public Works Committee
Commentary: This bill is substantially similar to S. 3209 from the 111th Congress, which was also introduced by Senator Lautenberg. At present, the Toxic Substances Control Act (TSCA) establishes a regulatory scheme for chemical substances and mixtures that includes testing for safety and the regulation or prohibition on the manufacture, distribution, or use of substances or mixtures that present an "unreasonable" risk of harm to health or the environment. Section 2614 of Title 15, U.S. Code, prohibits specified acts relating to the covered substances, including failing to comply with a rule or regulation promulgated by the EPA Administrator. Section 2615 of Title 15 specifies the civil and criminal penalties for such violations. This bill would change the criminal-intent (mens rea) requirement for section 2615 from "knowingly or willfully" to simply "knowingly." It would also increase the maximum term of incarceration for knowing violations of section 2615 from one year to five years and increase the maximum fine from $25,000 per day of violation to $50,000 per day. In addition, S. 847 would create a new offense under the TCSA for any person who "knowingly violates any provision of [the] Act and who knows at the time that the violation places another person in imminent danger of death or serious bodily injury." A violation by an individual would be punishable by imprisonment for up to 15 years, a fine of up to $250,000, or both. A violation by an organization would be punishable by a fine of up to $1 million.
S. 824: Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011
Sponsor: Brown (D - OH)
Official Title: A bill to provide for enhanced mortgage-backed and asset-backed security investor protections, to prevent foreclosure fraud, and for other purposes.
Status:
4/14/2011: Introduced in Senate
4/14/2011: Referred to Senate Banking, Housing and Urban Affairs Committee
Commentary: This bill would amend various provisions of the Trust Indenture Act (TIA) (15 U.S.C. § 77aa et seq.), the Truth in Lending Act (15 U.S.C. § 1631 et seq.), the Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.), and the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) to broaden the scope of each act to include both mortgage-backed and asset-backed securities. In addition, S. 824 would increase the existing criminal penalties for violations of the TIA (15 U.S.C. § 77yyy). Currently, willful violations of the TIA, and false statements or material omissions related to any "application, report, or document filed or required to be filed under the provisions" of the TIA, are punishable by criminal sanctions of up to five years imprisonment, fines of up to $10,000, or both. S. 824 would increase the maximum allowable criminal fine under section 77yyy from $10,000 to $40,000.
S. 821: Uniting American Families Act (UAFA Act)
Sponsor: Leahy (D - VT)
Official Title: A bill to amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents and to penalize immigration fraud in connection with permanent partnerships.
Status:
4/14/2011: Introduced in Senate
4/14/2011: Referred to Senate Judiciary Committee
Commentary: This bill, much like its House companion bill (H.R. 1537), would make amendments to the Immigration and Nationality Act (8 U.S.C. § 1101 et seq.) to allow the "permanent partners" of U.S. citizens and lawful permanent residents to apply for permanent resident status under federal immigration laws in the same manner as the legal spouses of U.S. citizens or lawful permanent residents. S. 821 defines a "permanent partner" as an individual age 18 or older who is: (a) "in a committed, intimate relationship with another individual 18 years of age or older in which both individuals intend a lifelong commitment"; (b) "financially interdependent with that other individual"; (c) "not married to, or in a permanent partnership with, any individual other than that other individual"; (d) "unable to contract with that other individual a marriage cognizable under this Act"; and (e) "not a first, second, or third degree blood relation of that other individual." In addition, S. 821 would make the criminal penalties that are applicable to spouses who evade U.S. immigration laws by misrepresenting or concealing facts concerning the nature of their marital relationship applicable to permanent partners. Specifically, the bill would amend 8 U.S.C. § 1325(c) to prohibit any individual from "knowingly enter[ing] into a marriage or permanent partnership for the purpose of evading any provision of the immigration laws." Violations of this provision would be punishable by criminal sanctions of up to five years imprisonment, fines of up to $250,000, or both.
S. 815: Sanctity of Eternal Rest for Veterans Act (SERVE Act) of 2011
Sponsor: Snowe (R - ME)
Official Title: A bill to guarantee that military funerals are conducted with dignity and respect.
Status:
4/13/2011: Introduced in Senate
4/13/2011: Referred to Senate Veterans Affairs Committee
Commentary: This bill, like its House counterpart (H.R.1591), would amend 18 U.S.C. § 1388 and 38 U.S.C. § 2413 to heighten the currently existing restrictions on disruptions of funerals for members or former members of the armed forces as well as the restrictions on demonstrations and disruptions at cemeteries under control of the National Cemetery Administration (NCA) and at Arlington National Cemetery. At present, § 1388 prohibits any person from engaging in prohibited activities "during the period beginning 60 minutes before and ending 60 minutes after" funerals for members or former members of the armed forces. Prohibited activities include "any individual willfully making or assisting in the making of any noise or diversion that is not part of such funeral and that disturbs or tends to disturb the peace or good order of such funeral with the intent of disturbing the peace or good order of that funeral." Prohibited activities also include "any individual willfully and without proper authorization impeding the access to or egress from such location with the intent to impede the access to or egress from such location." Violations of these provisions are punishable by criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. S. 815 would enhance the applicable criminal penalties for § 1388 violations to a maximum of two years imprisonment, fines under Title 18 of the U.S. Code, or both. Under current law, 38 U.S.C. § 2413 also prohibits "demonstration on the property of a cemetery under the control of the [NCA] or on the property of Arlington National Cemetery unless the demonstration has been approved by the cemetery superintendent or the director of the property on which the cemetery is located." Violators of this provision are punishable under 18 U.S.C. § 1387 and would be subject to criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. S. 815 would enhance the applicable criminal penalties for violations of § 2413 to a maximum of up to two years imprisonment, fines under Title 18 of the U.S. Code, or both. In addition to increasing the criminal penalties for violations of these provisions, the bill would enlarge the demonstration and disturbance buffer zone around all military funerals to a distance of 500 feet and increase the restricted time period at cemeteries from a period of one hour before and after a funeral to a period of two hours before and after a funeral.
S. 788: Fair Pay Act of 2011
Sponsor: Harkin (D - IA)
Official Title: A bill to amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes.
Status:
4/12/2011: Introduced in Senate
4/12/2011: Referred to Senate Health, Education, Labor and Pensions Committee
Commentary: This bill, much like its House counterpart H.R.1493, would amend the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) to expand the anti-discrimination and equal-pay protections of the FLSA for a range of employee classifications, including those related to sex, race, and national origin. Specifically, S. 788 would add a new section (section 6(h)) to the FLSA's wage regulation provisions (29 U.S.C. § 206), which would prohibit the "paying [of] wages to employees ... in a job that is dominated by employees of a particular sex, race, or national origin at a rate less than the rate at which the employer pays wages to employees ... in another job that is dominated by employees of the opposite sex or of a different race or national origin, respectively, for work on equivalent jobs." In addition, the bill would add two prohibitions to the provisions of 29 U.S.C. § 215(a) that forbid specific forms of employer discrimination. The first new provision would prohibit an employer from "discriminat[ing] against any individual because such individual has opposed any act or practice made unlawful by section 6(h) [of the FLSA] or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce section 6(h) [of the FLSA]." The second new provision would forbid an employer from "discharge[ing] or in any other manner discriminat[ing] against, coerc[ing], intimidate[ing], threaten[ing], or interfer[ing] with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(h) [of the FLSA]." Violations of either of these provisions would be punishable under 29 U.S.C. § 216(a) through criminal sanctions of up to six months imprisonment, fines of up to $10,000, or both.
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
3/31/2011: Ordered to be reported with an amendment in the nature of a substitute by Senate Judiciary Committee
3/31/2011: Reported to Senate with an amendment in the nature of a substitute by Senate Judiciary Committee
3/31/2011: Placed on Senate calendar
4/14/2011: Senate passage with amendment by unanimous consent
4/15/2011: Received in House
4/15/2011: Referred to House Judiciary Committee
4/15/2011: Referred to House Energy and Commerce Committee
Commentary: This bill would create new criminal offenses 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 a person engages 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. [Ed. note: The amended version of S. 216 that the Senate Judiciary Committee reported out for consideration by the full Senate addresses most of the redundancy problem described above, but the criminal offenses remain vague, overly broad, and insufficiently protective of those making innocent mistakes.]
S. 52: International Fisheries Stewardship and Enforcement Act
Sponsor: Inouye (D - HI)
Official Title: A bill to establish uniform administrative and enforcement procedures and penalties for the enforcement of the High Seas Driftnet Fishing Moratorium Protection Act and similar statutes, and for other purposes.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Commerce, Science and Transportation Committee
5/5/2011: Mark up in the Senate Commerce, Science and Transportation Committee
5/5/2011: Ordered to be reported with an amendment in the nature of a substitute by Senate Commerce, Science and Transportation Committee
Commentary: This bill is similar to several bills introduced in the 110th and 111th Congresses dealing with the enforcement mechanisms available to stop and deter illegal, unreported, and unregulated fishing operations. S. 52's new criminal provisions apply to violations of a number of existing statutes, including the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Management Act, which cover various forms of protected marine life. In addition to criminalizing violations of those acts, the bill establishes criminal penalties, including large maximum fines, for a wide range of offenses. In particular, S. 52 would make it a criminal offense to: (1) violate any provision of the legislation or any regulation promulgated thereunder; (2) "refuse to permit any authorized officer to board, search, or inspect a vessel, conveyance, or shoreside facility" subject to inspection under the Act; (3) "forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection" authorized under the Act; (4) "resist a lawful arrest for any act" prohibited by the legislation; (5) "interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing that such person has committed" a violation of the Act; (6) "forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer [or data collector] on a vessel" subject to inspection under the Act; (7) "import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce" any fish or fish product taken in violation of any treaty or agreement to which the United States is a party; or (8) make or submit a false record, account, label for, or identification of any fish that passes in interstate or foreign commerce. Violations of prohibitions 2, 3, 4, 5, and 6 by individual actors would be punishable by criminal sanctions of up to five years imprisonment, fines of up to $500,000, or both, regardless of the criminal intent of the accused. The maximum term of imprisonment would be raised to ten years for individuals who used a "dangerous weapon," engaged in conduct that caused bodily injury to a government enforcement officer, or placed any such officer in "fear of imminent bodily injury." Entities violating prohibitions 2, 3, 4, 5, and 6 would be subject to an elevated maximum fine of $1,000,000. "Knowing" violations of any of S. 52's criminal prohibitions by an individual actor would be punishable by criminal sanctions of up to five years imprisonment, fines of up to $500,000, or both. "Knowing" violations of S. 52's criminal provisions by an entity would subject that entity to a criminal fine of up to $1,000,000. A person or entity convicted of a criminal violation under the provisions of this bill would also be subject to criminal forfeiture of "any property, real or personal, constituting or traceable to the gross proceeds obtained, or retained, as a result of the offense," including any marine species taken in connection with the offense, and "any property, real or personal, used or intended to be used to commit or to facilitate the commission of the offense," including all relevant shoreside property.
S. 46: Coral Reef Conservation Amendments Act
Sponsor: Inouye (D - HI)
Official Title: A bill to reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.
Status:
1/25/2011: Introduced in Senate
1/25/2011: Referred to Senate Commerce, Science and Transportation Committee
5/5/2011: Mark up in the Senate Commerce, Science and Transportation Committee
5/5/2011: Ordered to be reported with an amendment in the nature of a substitute by Senate Commerce, Science and Transportation Committee
Commentary: This bill reauthorizes the Coral Reef Conservation Act of 2000. With certain limited exceptions, the bill makes it unlawful to "destroy, take, cause the loss of, or injure any coral reef" or component; to "possess, sell, deliver, carry, transport, or ship" coral taken in violation of the Act; or to violate permits issued or regulations promulgated pursuant to the Act by the Department of Interior or Department of Commerce. A person who "knowingly violates" one of these provisions is subject to up to five years imprisonment, criminal fines, or both. The bill also criminalizes the refusal to permit federal officers to board a vessel for purposes of inspection and enforcement of the Coral Reef Conservation Act, and criminalizes "resisting, opposing, impeding, intimidating, harassing, bribing, interfering with, ... forcibly assaulting," or submitting false information to any federal official in connection with such searches or inspections. A person who "knowingly commits" one of these acts is subject to up to five years imprisonment, criminal fines of up to $500,000 ($1 million for organizations), or both. If a dangerous weapon is used that "causes bodily injury" to the officer or places him "in fear of imminent bodily injury," the maximum prison term is doubled to 10 years.
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