From Overcriminalized.com:
Table of Contents
New:
H.R. 3491: [No Title]
H.R. 3486: Speak Out to Stop Child Abuse Act (SOS Child Abuse Act)
H.R. 3474: Promoting Responsibility in Medical Expenditures Act of 2011 (PRIME Act of 2011)
S. 1919: Girls' Protection Act of 2011
S. 1887: State Children’s Protection Act
Updates:
H.R. 2572: Clean up Government Act
S. 678: Economic Espionage Penalty Enhancement Act
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H.R. 3491: [No Title]
Sponsor: Cicilline (D - RI)
Official Title: A bill to amend title 18, United States Code, to prohibit former Members of Congress from engaging in lobbying contacts.
Status:
11/18/2011: Introduced in House
11/18/2011: Referred to House Judiciary Committee
Commentary: This bill would amend the current statute regarding lobbying by former members of Congress. Currently, the law is different for former members of the House of Representatives and former senators, but, at their core, penalize those who “knowingly make[], with the intent to influence, any communication to or appearance” to a member or other Congressional staffer “on behalf of any other person (except the United States) in connection with any matter” for which the former member seeks action from a current member or staffer. The current statute also only limits conduct of former senators for the first two years after leaving office, and only one year for former House representatives. This bill would make the same rules apply for former senators and House members and strips the time limitation. The language in the new bill also strikes “with the intent to influence” from the mens rea terms, which significantly reduces the intent protection of the statute. The only term that remains is “knowingly makes any lobbying contact.” “Lobbying contact” is a term defined in another section of the United States Code as “any oral or written communication (including an electronic communication) to a covered [official] that is made on behalf of a client with regard to” formulation, modification or adoption of federal legislation, rules, regulations, policies, or positions; administration of federal programs; and nominations and confirmations. Some exceptions are also provided in the statute. However, there is no language as to the intent of the communication, only that it is “made on behalf of a client.” This could be interpreted to find a former member of Congress in violation of the law if he were to ask about the status of proposed legislation on behalf of a client.
H.R. 3486: Speak Out to Stop Child Abuse Act (SOS Child Abuse Act)
Sponsor: Bass (D - CA)
Official Title: A bill to amend the Child Abuse Prevention and Treatment Act to require States receiving funds under section 106 of such act to have in effect a state law providing for a criminal penalty on an individual who fails to report witnessing another individual engaging in sexual abuse of a child.
Status:
11/18/2011: Introduced in House
11/18/2011: Referred to House Education and the Workforce Committee
Commentary: This bill would use Congress’s funding power to require states to pass laws regarding the reporting of child abuse. In order for a state to continue receiving grants under the Child Abuse Prevention and Treatment Act, the state governor must certify that the state is enforcing a criminal law that penalizes any adult that witnesses “another individual in the State engaging in sexual abuse of a child.”
H.R. 3474: Promoting Responsibility in Medical Expenditures Act of 2011 (PRIME Act of 2011)
Sponsor: Stearns (R - FL)
Official Title: A bill to amend titles XI and XVIII of the Social Security Act to prevent fraud and abuse under the Medicare program and to require National Provider Identifiers for reimbursement of prescriptions under part D of the Medicare program, and for other purposes
Status:
11/18/2011: Introduced in House
11/18/2011: Referred to House Energy and Commerce Committee
11/18/2011: Referred to House Ways and Means Committee
Commentary: The bill would increase the criminal penalties for health care fraud. Monetary fines for false statements or representations and illegal remunerations and kickbacks would be increased from $25,000 to $100,000, and other smaller fines would also be increased. Additionally, the maximum prison sentence for false statements or representations and illegal remunerations and kickbacks are increased from 5 years to 10 years. The maximum prison sentences for false statements or representations in respect to the condition of facilities and for excess charges are also increased from 5 years to 10 years.
S. 1919: Girls' Protection Act of 2011
Sponsor: Reid (D - NV)
Official Title: A bill to amend Title 18, United States Code, to provide penalties for transporting minors in foreign commerce for the purposes of female genital mutilation.
Status:
11/29/2011: Introduced in Senate
11/29/2011: Referred to Senate Judiciary Committee
Commentary: This bill adds a criminal offense to Title 18 Section 116, prohibiting female genital mutilation. The bill would make it illegal for anyone to knowingly transports a minor from the United States to a foreign country in foreign commerce and to knowingly “circumcise[ ], excise[ ], or infibulate[ ]” a part of the female genitalia, as proscribed in the U.S. Code. A violation would be punishable by up to 5 years imprisonment and a fine until Title 18.
S. 1887: State Children’s Protection Act
Sponsor: Boxer (D - CA)
Official Title: A bill to protect children from abuse and neglect.
Status:
11/17/2011: Introduced in Senate
11/17/2011: Referred to Senate Judiciary Committee
Commentary: This bill would use Congress’s funding power to require states to pass laws regarding the reporting of child abuse. The bill mandates that every state pass a law that requiring “at a minimum” that “any person who knows or has reasonable cause to believe or suspect… or who observes any child being subjected to conditions or circumstances that would reasonably result in” child abuse or neglect, shall “immediately” report it to either law enforcement or child protective services. The bill also provides a “good faith” immunity on reporting such suspicions.
H.R. 2572: Clean up Government Act
Sponsor: Sensenbrenner (R - WI)
Official Title: A bill to amend title 18, United States Code, to deter public corruption, and for other purposes.
Status:
7/15/2011: Introduced House
7/15/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
7/26/2011: Hearing Held by House Subcommittee on Crime, Terrorism, and Homeland Security
12/1/2011: Mark up in the House Judiciary Committee
Commentary: This bill is a revised version of H.R. 1793, which Rep. Sensenbrenner (R–Wisc.) introduced earlier in the 112th Congress, and which is also covered by Overcriminalized.com’s Legislative Update feature. This bill’s primary differences from H.R. 1793 are that it (1) removes 18 U.S.C. §§ 1952 and 1962 from the list of statutes that the Sentencing Commission must reconsider; (2) extends the statute of limitations for public corruption offenses to 6 years (rather than the 10 years proposed by H.R. 1793); and (3) includes in the bill’s language regarding the benefits of self-dealing a requirement that the purpose of the action must be, in whole or in “material” part, self-dealing in order for the action to be a violation. In addition, this bill would decrease the protection of the “de minimis” threshold for federal embezzlement offenses by lowering it from $5,000 to $1,000. The bill would broaden the definition of the prohibited conduct (actus reus) for self-dealing by including instances when a public official is shown to have furthered the financial interest of an individual or entity who has given the public official “any thing or things of value” (except as expressly permitted by law or regulation).
S. 678: Economic Espionage Penalty Enhancement Act
Sponsor: Kohl (D - WI)
Official Title: A bill to increase the penalties for economic espionage.
Status:
3/30/2011: Introduced in Senate
3/30/2011: Referred to Senate Judiciary Committee
12/1/2011: Mark up in the Senate Judiciary Committee
Commentary: This bill would amend 18 U.S.C. § 1831(a) to increase the maximum criminal penalties for acts of economic espionage. Currently, subsection 1831(a) prohibits individuals from “knowingly” committing a wide range of acts associated with the misappropriation of trade secrets for the benefit of any foreign government, foreign instrumentality, or foreign agent. Violations of these provisions are punishable by criminal sanctions of up to 15 years imprisonment, fines under Title 18 of the U.S. Code, or both. S. 678 would increase the maximum term of incarceration available under § 1831(a) from 15 years to 20 years. The bill also instructs the U.S. Sentencing Commission to “review its guidelines and policy relating to a two-level enhancement for economic espionage” and consider amending such guidelines to: (1) “apply the two-level enhancement to the simple misappropriation of a trade secret”; (2) “apply an additional two-level enhancement if the defendant transmits or attempts to transmit the stolen trade secret outside of the United States and an additional three-level enhancement if the defendant instead commits economic espionage (i.e., he/she knew or intended that the offense would benefit a foreign government, foreign instrumentality, or foreign agent)”; and (3) “provide when a defendant transmits trade secrets outside of the United States or commits economic espionage, that the defendant should face a minimum offense level.”
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Table of Contents
New:
H.R. 3491: [No Title]
H.R. 3486: Speak Out to Stop Child Abuse Act (SOS Child Abuse Act)
H.R. 3474: Promoting Responsibility in Medical Expenditures Act of 2011 (PRIME Act of 2011)
S. 1919: Girls' Protection Act of 2011
S. 1887: State Children’s Protection Act
Updates:
H.R. 2572: Clean up Government Act
S. 678: Economic Espionage Penalty Enhancement Act
--------------------------------------------------------------------------------
H.R. 3491: [No Title]
Sponsor: Cicilline (D - RI)
Official Title: A bill to amend title 18, United States Code, to prohibit former Members of Congress from engaging in lobbying contacts.
Status:
11/18/2011: Introduced in House
11/18/2011: Referred to House Judiciary Committee
Commentary: This bill would amend the current statute regarding lobbying by former members of Congress. Currently, the law is different for former members of the House of Representatives and former senators, but, at their core, penalize those who “knowingly make[], with the intent to influence, any communication to or appearance” to a member or other Congressional staffer “on behalf of any other person (except the United States) in connection with any matter” for which the former member seeks action from a current member or staffer. The current statute also only limits conduct of former senators for the first two years after leaving office, and only one year for former House representatives. This bill would make the same rules apply for former senators and House members and strips the time limitation. The language in the new bill also strikes “with the intent to influence” from the mens rea terms, which significantly reduces the intent protection of the statute. The only term that remains is “knowingly makes any lobbying contact.” “Lobbying contact” is a term defined in another section of the United States Code as “any oral or written communication (including an electronic communication) to a covered [official] that is made on behalf of a client with regard to” formulation, modification or adoption of federal legislation, rules, regulations, policies, or positions; administration of federal programs; and nominations and confirmations. Some exceptions are also provided in the statute. However, there is no language as to the intent of the communication, only that it is “made on behalf of a client.” This could be interpreted to find a former member of Congress in violation of the law if he were to ask about the status of proposed legislation on behalf of a client.
H.R. 3486: Speak Out to Stop Child Abuse Act (SOS Child Abuse Act)
Sponsor: Bass (D - CA)
Official Title: A bill to amend the Child Abuse Prevention and Treatment Act to require States receiving funds under section 106 of such act to have in effect a state law providing for a criminal penalty on an individual who fails to report witnessing another individual engaging in sexual abuse of a child.
Status:
11/18/2011: Introduced in House
11/18/2011: Referred to House Education and the Workforce Committee
Commentary: This bill would use Congress’s funding power to require states to pass laws regarding the reporting of child abuse. In order for a state to continue receiving grants under the Child Abuse Prevention and Treatment Act, the state governor must certify that the state is enforcing a criminal law that penalizes any adult that witnesses “another individual in the State engaging in sexual abuse of a child.”
H.R. 3474: Promoting Responsibility in Medical Expenditures Act of 2011 (PRIME Act of 2011)
Sponsor: Stearns (R - FL)
Official Title: A bill to amend titles XI and XVIII of the Social Security Act to prevent fraud and abuse under the Medicare program and to require National Provider Identifiers for reimbursement of prescriptions under part D of the Medicare program, and for other purposes
Status:
11/18/2011: Introduced in House
11/18/2011: Referred to House Energy and Commerce Committee
11/18/2011: Referred to House Ways and Means Committee
Commentary: The bill would increase the criminal penalties for health care fraud. Monetary fines for false statements or representations and illegal remunerations and kickbacks would be increased from $25,000 to $100,000, and other smaller fines would also be increased. Additionally, the maximum prison sentence for false statements or representations and illegal remunerations and kickbacks are increased from 5 years to 10 years. The maximum prison sentences for false statements or representations in respect to the condition of facilities and for excess charges are also increased from 5 years to 10 years.
S. 1919: Girls' Protection Act of 2011
Sponsor: Reid (D - NV)
Official Title: A bill to amend Title 18, United States Code, to provide penalties for transporting minors in foreign commerce for the purposes of female genital mutilation.
Status:
11/29/2011: Introduced in Senate
11/29/2011: Referred to Senate Judiciary Committee
Commentary: This bill adds a criminal offense to Title 18 Section 116, prohibiting female genital mutilation. The bill would make it illegal for anyone to knowingly transports a minor from the United States to a foreign country in foreign commerce and to knowingly “circumcise[ ], excise[ ], or infibulate[ ]” a part of the female genitalia, as proscribed in the U.S. Code. A violation would be punishable by up to 5 years imprisonment and a fine until Title 18.
S. 1887: State Children’s Protection Act
Sponsor: Boxer (D - CA)
Official Title: A bill to protect children from abuse and neglect.
Status:
11/17/2011: Introduced in Senate
11/17/2011: Referred to Senate Judiciary Committee
Commentary: This bill would use Congress’s funding power to require states to pass laws regarding the reporting of child abuse. The bill mandates that every state pass a law that requiring “at a minimum” that “any person who knows or has reasonable cause to believe or suspect… or who observes any child being subjected to conditions or circumstances that would reasonably result in” child abuse or neglect, shall “immediately” report it to either law enforcement or child protective services. The bill also provides a “good faith” immunity on reporting such suspicions.
H.R. 2572: Clean up Government Act
Sponsor: Sensenbrenner (R - WI)
Official Title: A bill to amend title 18, United States Code, to deter public corruption, and for other purposes.
Status:
7/15/2011: Introduced House
7/15/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
7/26/2011: Hearing Held by House Subcommittee on Crime, Terrorism, and Homeland Security
12/1/2011: Mark up in the House Judiciary Committee
Commentary: This bill is a revised version of H.R. 1793, which Rep. Sensenbrenner (R–Wisc.) introduced earlier in the 112th Congress, and which is also covered by Overcriminalized.com’s Legislative Update feature. This bill’s primary differences from H.R. 1793 are that it (1) removes 18 U.S.C. §§ 1952 and 1962 from the list of statutes that the Sentencing Commission must reconsider; (2) extends the statute of limitations for public corruption offenses to 6 years (rather than the 10 years proposed by H.R. 1793); and (3) includes in the bill’s language regarding the benefits of self-dealing a requirement that the purpose of the action must be, in whole or in “material” part, self-dealing in order for the action to be a violation. In addition, this bill would decrease the protection of the “de minimis” threshold for federal embezzlement offenses by lowering it from $5,000 to $1,000. The bill would broaden the definition of the prohibited conduct (actus reus) for self-dealing by including instances when a public official is shown to have furthered the financial interest of an individual or entity who has given the public official “any thing or things of value” (except as expressly permitted by law or regulation).
S. 678: Economic Espionage Penalty Enhancement Act
Sponsor: Kohl (D - WI)
Official Title: A bill to increase the penalties for economic espionage.
Status:
3/30/2011: Introduced in Senate
3/30/2011: Referred to Senate Judiciary Committee
12/1/2011: Mark up in the Senate Judiciary Committee
Commentary: This bill would amend 18 U.S.C. § 1831(a) to increase the maximum criminal penalties for acts of economic espionage. Currently, subsection 1831(a) prohibits individuals from “knowingly” committing a wide range of acts associated with the misappropriation of trade secrets for the benefit of any foreign government, foreign instrumentality, or foreign agent. Violations of these provisions are punishable by criminal sanctions of up to 15 years imprisonment, fines under Title 18 of the U.S. Code, or both. S. 678 would increase the maximum term of incarceration available under § 1831(a) from 15 years to 20 years. The bill also instructs the U.S. Sentencing Commission to “review its guidelines and policy relating to a two-level enhancement for economic espionage” and consider amending such guidelines to: (1) “apply the two-level enhancement to the simple misappropriation of a trade secret”; (2) “apply an additional two-level enhancement if the defendant transmits or attempts to transmit the stolen trade secret outside of the United States and an additional three-level enhancement if the defendant instead commits economic espionage (i.e., he/she knew or intended that the offense would benefit a foreign government, foreign instrumentality, or foreign agent)”; and (3) “provide when a defendant transmits trade secrets outside of the United States or commits economic espionage, that the defendant should face a minimum offense level.”
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