From Overcriminalized.com:
Table of Contents
New Criminal Law Proposals:
H.R. 3468: Counterfeit Drug Penalty Enhancement Act of 2011
S. 1886: Counterfeit Drug Penalty Enhancement Act of 2011
S. 1879: Child Abuse Reporting Enforcement Act
New Criminal Law Reduction Proposal:
S. 1853: Postal Service Protection Act of 2011
Updates:
H.R. 3321: America's Cup Act of 2011
H.R. 3261: Stop Online Piracy Act
H.R. 2838: Coast Guard and Maritime Transportation Act of 2011
H.R. 2572: Clean up Government Act
S. 1794: Federal Restricted Buildings and Grounds Improvement Act of 2011
S. 1301: Trafficking Victims Protection Reauthorization Act of 2011
S. 847: Safe Chemicals Act of 2011
S. 678: Economic Espionage Penalty Enhancement Act
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
--------------------------------------------------------------------------------
H.R. 3468: Counterfeit Drug Penalty Enhancement Act of 2011
Sponsor: Meehan (R - PA)
Official Title: A bill to prevent trafficking in counterfeit drugs.
Status:
11/17/2011: Introduced in House
11/17/2011: Referred to House Judiciary Committee
Commentary: This bill would apply the current statute regarding counterfeit goods and services and apply it to drugs. The current statute that would be adopted here prohibits the “intentional[]” trafficking or attempts to traffic goods, services, or labels, packaging and related identifiers, and “knowingly” using a counterfeit mark that will “likely to cause confusion, to cause mistake, or to deceive.” A violation by an individual would be punishable by up to 20 years imprisonment and a fine of $4 million and a violation by non-individuals would be punishable by a fine up to $10 million. The bill would also add higher penalties for repeated offenders, with a violation by an individual being punishable by up to 20 years imprisonment and a fine of $8 million, and if not an individual, punishable by a fine up to $20 million. This bill is similar to S. 1886, except for 1) the maximum prison term for individuals (20 years in S. 1886 and life imprisonment in H.R. 3468); and 2) H.R. 3468 does not contain the sentencing commission directive that is present in S. 1886.
S. 1886: Counterfeit Drug Penalty Enhancement Act of 2011
Sponsor: Leahy (D - VT)
Official Title: A bill to prevent trafficking in counterfeit drugs.
Status:
11/17/2011: Introduced in Senate
11/17/2011: Referred to Senate Judiciary Committee
Commentary: This bill would apply the current statute regarding counterfeit goods and services and apply it to drugs. The current statute that would be adopted here prohibits the “intentional[]” trafficking or attempts to traffic goods, services, or labels, packaging and related identifiers, and “knowingly” using a counterfeit mark that will “likely to cause confusion, to cause mistake, or to deceive.” A violation by an individual would be punishable by up to 20 years imprisonment and a fine of $4 million and a violation by non-individuals would be punishable by a fine up to $10 million. The bill would also add higher penalties for repeated offenders, with a violation by an individual being punishable by up to 20 years imprisonment and a fine of $8 million, and if not an individual, punishable by a fine up to $20 million. There is also a sentencing commission directive to review and, if necessary, amend the comparable penalties This bill is similar to H.R. 3468, except for 1) the maximum prison term for individuals (20 years in S. 1886 and life imprisonment in H.R. 3468); and 2) H.R. 3468 does not contain the sentencing commission directive that is present in S. 1886.
S. 1879: Child Abuse Reporting Enforcement Act
Sponsor: Menendez (D - NJ)
Official Title: A bill to ensure that states have enacted criminal statutes that require individuals to report child abuse to law enforcement or child protective agencies.
Status:
11/16/2011: Introduced in Senate
11/16/2011: Referred to Senate Finance Committee
Commentary: According to statements by the bill’s sponsor, this bill was written in reaction to the child sex abuse scandal at Penn State University. This bill would penalize states that do not enact a felony offense with a minimum of 1 year imprisonment “any person who, having reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse, fails to report such information immediately” to the police or state child protection agency. Congress is attempting to enact this law at the state level through its spending power. If a state does not enact such a law, the bill would revoke all of the state’s federal social services allotments. There is no definition of “reasonable cause to believe” or “immediately,” which can potentially lead to serious issues of overcriminalization. This establishes that a crime can be committed without taking any action whatsoever.
S. 1853: Postal Service Protection Act of 2011
Sponsor: Sanders (I - VT)
Official Title: A bill to recalculate and restore retirement annuity obligations of the United States Postal Service, eliminate the requirement that the United States Postal Service pre-fund the Postal Service Retiree Health Benefits Fund, place restrictions on the closure of postal facilities, create incentives for innovation for the United States Postal Service, to maintain levels of postal service, and for other purposes.
Status:
11/10/2011: Introduced in Senate
11/10/2011: Referred to Senate Homeland Security and Governmental Affairs Committee
Commentary: Within this postal services bill is a provision for mitigating a federal offense. This bill would create an exception to the current prohibition on the mailing of “intoxicating liquors” by allowing certain wine and malt beverages. These beverages are mailable if the sender is a licensed winery or brewery that meets all appropriate local, state, and federals laws and regulations. The bill would permit the postal services to set the particular new regulations to allow for these postal deliveries. The mens rea provision already in the criminal code provides only a “knowingly” protection, so it is not clear how far that might extend to meet the exceptions.
H.R. 3321: America's Cup Act of 2011
Sponsor: Herger (R - CA)
Official Title: A bill to facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible vessels to participate in activities related to the competition.
Status:
11/2/2011: Introduced in House
11/2/2011: Referred to House Transportation and Infrastructure Committee
11/4/2011: House passage by roll call vote under suspension of the rules
11/7/2011: Received in Senate
11/7/2011: Placed on Senate calendar
11/17/2011: Senate Consideration
11/17/2011: Amended by the Senate
11/17/2011: Senate passage with amendment by unanimous consent
11/18/2011: Resolved differences between House and Senate
11/19/2011: Sent to President
11/29/2011: Signed by the President
Commentary: This bill would authorize marine vessels to take part as competitors or as support ships in the 34th America’s Cup boat race. The bill proposes that an Eligibility Certification must be obtained by any participating vessel. If the certification is not obtained, or if the vessel does not comply with the federal statute on coastwise endorsement, a violation would be punishable by up to one year imprisonment and a fine under Title 18, U.S. Code. This bill is related to H.R. 3270, H.R. 3311 and S. 1759.
H.R. 3261: Stop Online Piracy Act
Sponsor: Smith (R - TX)
Official Title: A bill to facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible vessels to participate in activities related to the competition.
Status:
10/26/2011: Introduced House
10/26/2011: Referred to House Judiciary Committee
11/16/2011: Hearing Held by House Judiciary Committee
Commentary: This bill would amend several current criminal statutes to increase penalties or make definitional changes to the laws regarding online goods. These include online streaming of copyrighted materials, trafficking in inherently dangerous goods and services and foreign economic spying. The bill would also propose changes to the Sentencing Guidelines involving these crimes.
H.R. 2838: Coast Guard and Maritime Transportation Act of 2011
Sponsor: LoBiondo (R - NJ)
Official Title: A bill to authorize appropriations for the Coast Guard for fiscal years 2012 through 2015, and for other purposes.
Status:
9/2/2011: Introduced House
9/2/2011: Referred to House Transportation and Infrastructure Committee
9/6/2011: Referred to House Subcommittee on Coast Guard and Maritime Transportation
9/8/2011: Discharged House Subcommittee on Coast Guard and Maritime Transportation
9/8/2011: Mark up in the House Transportation and Infrastructure Committee
9/8/2011: Reported to House by House Transportation and Infrastructure Committee
10/3/2011: Reported as amended by House Transportation and Infrastructure Committee
10/3/2011: Placed on House calendar
11/4/2011: House debate
11/4/2011: Left as unfinished business by House
11/16/2011: House Passage
11/16/2011: Received in Senate
11/16/2011: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill would create a new federal criminal offense for knowingly and willfully interfering with the maritime safety transmissions of the U.S. Coast Guard. This provision was part of a larger appropriations bill for the Coast Guard. A violation is considered a class E felony.
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. 1794: Federal Restricted Buildings and Grounds Improvement Act of 2011
Sponsor: Blumenthal (D - CT)
Official Title: A bill to correct and simplify the drafting of section 1752 (relating to restricted buildings or grounds) of title 18, United States Code.
Status:
11/2/2011: Introduced in Senate
11/2/2011: Referred to Senate Judiciary Committee
11/17/2011: Vote to report Senate Judiciary Committee
11/17/2011: Mark up in the Senate Judiciary Committee
11/17/2011: Ordered to be reported with amendments favorably
11/17/2011: Reported to Senate
11/17/2011: Placed on Senate calendar
Commentary: This bill would amend existing section 1752 of Title 18 of the U.S. Code to reduce the protectiveness of the criminal-intent (mens rea) requirements in offenses involving conduct in “restricted” government buildings, grounds, or areas. Among other things, section 1752 currently prohibits any person or group of persons from: (1) “willfully” and “knowingly” entering or remaining in unauthorized Government buildings, grounds, or areas; (2) engaging in “disorderly or disruptive conduct” that “impedes or disrupts the orderly conduct of Government business” or is intended to do so; (3) obstructing or impeding ingress or egress to or from Government buildings, grounds, or areas; or (4) engaging in “any act of physical violence against any person or property” in Government buildings, grounds, or areas. Violations of current law carry criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Violations that involve the use of a firearm or that result in significant bodily injury may be punished by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 347 would restructure the language of Section 1752 defining the criminal offenses and reduce the level of criminal intent the Government must prove to establish a violation from a “willfully and knowingly” standard to a less-protective “knowingly” standard. The bill would not alter the existing criminal penalties. This is a companion bill to H.R. 347, which passed the House in March 2011.
S. 1301: Trafficking Victims Protection Reauthorization Act of 2011
Sponsor: Leahy (D - VT)
Official Title: A bill to amend title 38, United States Code, to authorize the waiver of the collection of copayments for telehealth and telemedicine visits of veterans, and for other purposes.
Status:
6/29/2011: Introduced Senate
6/29/2011: Referred to Senate Judiciary Committee
9/14/2011: Hearing Held by Senate Judiciary Committee
10/13/2011: Ordered to be reported with amendments favorably Senate Judiciary Committee
10/13/2011: Reported to Senate with an amendment in the nature of a substitute by Senate Judiciary Committee
10/13/2011: Placed on Senate calendar
11/17/2011: Written report reported by Senate Judiciary Committee
Commentary: This bill would codify several criminal provisions meant to punish human trafficking. First, the bill would add fraudulent foreign labor contracting as a category of offenses that fall under the racketeering statute. The bill would also extend the reach of the government’s enforcement of halting “any illicit sexual conduct with another person” in foreign places. The current statute defines “illicit sexual conduct” as sex with a minor that would be illegal under U.S. law if it occurred in a U.S. jurisdiction, or any commercial sex act with a minor. This bill would extend the reach of this restriction to those who are residing temporarily or permanently in a foreign country, and not merely those American citizens or alien permanent residents that are traveling in foreign commerce. Additionally, this bill would make it a criminal offense to “knowingly destroy, conceal, remove, confiscate, or possess, an actual or purported passport or other immigration document of another individual” while violating or intending to violate the fraud in labor contracting statute or the Immigration and Nationality Act, in regards to the bringing or harboring of certain aliens. It would also prohibit that same knowing action “in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual.” There is also an additional offense of obstruction. A violation of one of these new offenses would be punishable by up to 1 year imprisonment and a fine under Title 18, U.S. Code.
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
11/17/2011: Hearing Held by Senate Subcommittee on Superfund, Toxics and Environmental Health
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. 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.”
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
Sponsor: Rooney (R - FL)
Official Title: A bill to correct and simplify the drafting of section 1752 (relating to restricted buildings or grounds) of Title 18, United States Code.
Status:
1/19/2011: Introduced in House
1/19/2011: Referred to House Judiciary Committee
1/21/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Mark up in the House Judiciary Committee
1/26/2011: Ordered to be reported by voice vote House Judiciary Committee
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
2/11/2011: Reported to House by House Judiciary Committee
2/11/2011: Placed on House calendar
2/28/2011: House passage by roll call vote under suspension of the rules
3/1/2011: Received in Senate
3/1/2011: Referred to Senate Judiciary Committee
11/17/2011: Mark up in the House Judiciary Committee
11/17/2011: Ordered to be reported with amendments favorably
11/17/2011: Placed on Senate calendar
Commentary: This bill would amend existing section 1752 of Title 18 of the U.S. Code to reduce the protectiveness of the criminal-intent (mens rea) requirements in offenses involving conduct in “restricted” government buildings, grounds, or areas. Among other things, section 1752 currently prohibits any person or group of persons from: (1) “willfully” and “knowingly” entering or remaining in unauthorized Government buildings, grounds, or areas; (2) engaging in “disorderly or disruptive conduct” that “impedes or disrupts the orderly conduct of Government business” or is intended to do so; (3) obstructing or impeding ingress or egress to or from Government buildings, grounds, or areas; or (4) engaging in “any act of physical violence against any person or property” in Government buildings, grounds, or areas. Violations of current law carry criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Violations that involve the use of a firearm or that result in significant bodily injury may be punished by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 347 would restructure the language of Section 1752 defining the criminal offenses and reduce the level of criminal intent the Government must prove to establish a violation from a “willfully and knowingly” standard to a less-protective “knowingly” standard. The bill would not alter the existing criminal penalties.
Table of Contents
New Criminal Law Proposals:
H.R. 3468: Counterfeit Drug Penalty Enhancement Act of 2011
S. 1886: Counterfeit Drug Penalty Enhancement Act of 2011
S. 1879: Child Abuse Reporting Enforcement Act
New Criminal Law Reduction Proposal:
S. 1853: Postal Service Protection Act of 2011
Updates:
H.R. 3321: America's Cup Act of 2011
H.R. 3261: Stop Online Piracy Act
H.R. 2838: Coast Guard and Maritime Transportation Act of 2011
H.R. 2572: Clean up Government Act
S. 1794: Federal Restricted Buildings and Grounds Improvement Act of 2011
S. 1301: Trafficking Victims Protection Reauthorization Act of 2011
S. 847: Safe Chemicals Act of 2011
S. 678: Economic Espionage Penalty Enhancement Act
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
--------------------------------------------------------------------------------
H.R. 3468: Counterfeit Drug Penalty Enhancement Act of 2011
Sponsor: Meehan (R - PA)
Official Title: A bill to prevent trafficking in counterfeit drugs.
Status:
11/17/2011: Introduced in House
11/17/2011: Referred to House Judiciary Committee
Commentary: This bill would apply the current statute regarding counterfeit goods and services and apply it to drugs. The current statute that would be adopted here prohibits the “intentional[]” trafficking or attempts to traffic goods, services, or labels, packaging and related identifiers, and “knowingly” using a counterfeit mark that will “likely to cause confusion, to cause mistake, or to deceive.” A violation by an individual would be punishable by up to 20 years imprisonment and a fine of $4 million and a violation by non-individuals would be punishable by a fine up to $10 million. The bill would also add higher penalties for repeated offenders, with a violation by an individual being punishable by up to 20 years imprisonment and a fine of $8 million, and if not an individual, punishable by a fine up to $20 million. This bill is similar to S. 1886, except for 1) the maximum prison term for individuals (20 years in S. 1886 and life imprisonment in H.R. 3468); and 2) H.R. 3468 does not contain the sentencing commission directive that is present in S. 1886.
S. 1886: Counterfeit Drug Penalty Enhancement Act of 2011
Sponsor: Leahy (D - VT)
Official Title: A bill to prevent trafficking in counterfeit drugs.
Status:
11/17/2011: Introduced in Senate
11/17/2011: Referred to Senate Judiciary Committee
Commentary: This bill would apply the current statute regarding counterfeit goods and services and apply it to drugs. The current statute that would be adopted here prohibits the “intentional[]” trafficking or attempts to traffic goods, services, or labels, packaging and related identifiers, and “knowingly” using a counterfeit mark that will “likely to cause confusion, to cause mistake, or to deceive.” A violation by an individual would be punishable by up to 20 years imprisonment and a fine of $4 million and a violation by non-individuals would be punishable by a fine up to $10 million. The bill would also add higher penalties for repeated offenders, with a violation by an individual being punishable by up to 20 years imprisonment and a fine of $8 million, and if not an individual, punishable by a fine up to $20 million. There is also a sentencing commission directive to review and, if necessary, amend the comparable penalties This bill is similar to H.R. 3468, except for 1) the maximum prison term for individuals (20 years in S. 1886 and life imprisonment in H.R. 3468); and 2) H.R. 3468 does not contain the sentencing commission directive that is present in S. 1886.
S. 1879: Child Abuse Reporting Enforcement Act
Sponsor: Menendez (D - NJ)
Official Title: A bill to ensure that states have enacted criminal statutes that require individuals to report child abuse to law enforcement or child protective agencies.
Status:
11/16/2011: Introduced in Senate
11/16/2011: Referred to Senate Finance Committee
Commentary: According to statements by the bill’s sponsor, this bill was written in reaction to the child sex abuse scandal at Penn State University. This bill would penalize states that do not enact a felony offense with a minimum of 1 year imprisonment “any person who, having reasonable cause to believe that a child has been subjected to child abuse or acts of child abuse, fails to report such information immediately” to the police or state child protection agency. Congress is attempting to enact this law at the state level through its spending power. If a state does not enact such a law, the bill would revoke all of the state’s federal social services allotments. There is no definition of “reasonable cause to believe” or “immediately,” which can potentially lead to serious issues of overcriminalization. This establishes that a crime can be committed without taking any action whatsoever.
S. 1853: Postal Service Protection Act of 2011
Sponsor: Sanders (I - VT)
Official Title: A bill to recalculate and restore retirement annuity obligations of the United States Postal Service, eliminate the requirement that the United States Postal Service pre-fund the Postal Service Retiree Health Benefits Fund, place restrictions on the closure of postal facilities, create incentives for innovation for the United States Postal Service, to maintain levels of postal service, and for other purposes.
Status:
11/10/2011: Introduced in Senate
11/10/2011: Referred to Senate Homeland Security and Governmental Affairs Committee
Commentary: Within this postal services bill is a provision for mitigating a federal offense. This bill would create an exception to the current prohibition on the mailing of “intoxicating liquors” by allowing certain wine and malt beverages. These beverages are mailable if the sender is a licensed winery or brewery that meets all appropriate local, state, and federals laws and regulations. The bill would permit the postal services to set the particular new regulations to allow for these postal deliveries. The mens rea provision already in the criminal code provides only a “knowingly” protection, so it is not clear how far that might extend to meet the exceptions.
H.R. 3321: America's Cup Act of 2011
Sponsor: Herger (R - CA)
Official Title: A bill to facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible vessels to participate in activities related to the competition.
Status:
11/2/2011: Introduced in House
11/2/2011: Referred to House Transportation and Infrastructure Committee
11/4/2011: House passage by roll call vote under suspension of the rules
11/7/2011: Received in Senate
11/7/2011: Placed on Senate calendar
11/17/2011: Senate Consideration
11/17/2011: Amended by the Senate
11/17/2011: Senate passage with amendment by unanimous consent
11/18/2011: Resolved differences between House and Senate
11/19/2011: Sent to President
11/29/2011: Signed by the President
Commentary: This bill would authorize marine vessels to take part as competitors or as support ships in the 34th America’s Cup boat race. The bill proposes that an Eligibility Certification must be obtained by any participating vessel. If the certification is not obtained, or if the vessel does not comply with the federal statute on coastwise endorsement, a violation would be punishable by up to one year imprisonment and a fine under Title 18, U.S. Code. This bill is related to H.R. 3270, H.R. 3311 and S. 1759.
H.R. 3261: Stop Online Piracy Act
Sponsor: Smith (R - TX)
Official Title: A bill to facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible vessels to participate in activities related to the competition.
Status:
10/26/2011: Introduced House
10/26/2011: Referred to House Judiciary Committee
11/16/2011: Hearing Held by House Judiciary Committee
Commentary: This bill would amend several current criminal statutes to increase penalties or make definitional changes to the laws regarding online goods. These include online streaming of copyrighted materials, trafficking in inherently dangerous goods and services and foreign economic spying. The bill would also propose changes to the Sentencing Guidelines involving these crimes.
H.R. 2838: Coast Guard and Maritime Transportation Act of 2011
Sponsor: LoBiondo (R - NJ)
Official Title: A bill to authorize appropriations for the Coast Guard for fiscal years 2012 through 2015, and for other purposes.
Status:
9/2/2011: Introduced House
9/2/2011: Referred to House Transportation and Infrastructure Committee
9/6/2011: Referred to House Subcommittee on Coast Guard and Maritime Transportation
9/8/2011: Discharged House Subcommittee on Coast Guard and Maritime Transportation
9/8/2011: Mark up in the House Transportation and Infrastructure Committee
9/8/2011: Reported to House by House Transportation and Infrastructure Committee
10/3/2011: Reported as amended by House Transportation and Infrastructure Committee
10/3/2011: Placed on House calendar
11/4/2011: House debate
11/4/2011: Left as unfinished business by House
11/16/2011: House Passage
11/16/2011: Received in Senate
11/16/2011: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill would create a new federal criminal offense for knowingly and willfully interfering with the maritime safety transmissions of the U.S. Coast Guard. This provision was part of a larger appropriations bill for the Coast Guard. A violation is considered a class E felony.
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. 1794: Federal Restricted Buildings and Grounds Improvement Act of 2011
Sponsor: Blumenthal (D - CT)
Official Title: A bill to correct and simplify the drafting of section 1752 (relating to restricted buildings or grounds) of title 18, United States Code.
Status:
11/2/2011: Introduced in Senate
11/2/2011: Referred to Senate Judiciary Committee
11/17/2011: Vote to report Senate Judiciary Committee
11/17/2011: Mark up in the Senate Judiciary Committee
11/17/2011: Ordered to be reported with amendments favorably
11/17/2011: Reported to Senate
11/17/2011: Placed on Senate calendar
Commentary: This bill would amend existing section 1752 of Title 18 of the U.S. Code to reduce the protectiveness of the criminal-intent (mens rea) requirements in offenses involving conduct in “restricted” government buildings, grounds, or areas. Among other things, section 1752 currently prohibits any person or group of persons from: (1) “willfully” and “knowingly” entering or remaining in unauthorized Government buildings, grounds, or areas; (2) engaging in “disorderly or disruptive conduct” that “impedes or disrupts the orderly conduct of Government business” or is intended to do so; (3) obstructing or impeding ingress or egress to or from Government buildings, grounds, or areas; or (4) engaging in “any act of physical violence against any person or property” in Government buildings, grounds, or areas. Violations of current law carry criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Violations that involve the use of a firearm or that result in significant bodily injury may be punished by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 347 would restructure the language of Section 1752 defining the criminal offenses and reduce the level of criminal intent the Government must prove to establish a violation from a “willfully and knowingly” standard to a less-protective “knowingly” standard. The bill would not alter the existing criminal penalties. This is a companion bill to H.R. 347, which passed the House in March 2011.
S. 1301: Trafficking Victims Protection Reauthorization Act of 2011
Sponsor: Leahy (D - VT)
Official Title: A bill to amend title 38, United States Code, to authorize the waiver of the collection of copayments for telehealth and telemedicine visits of veterans, and for other purposes.
Status:
6/29/2011: Introduced Senate
6/29/2011: Referred to Senate Judiciary Committee
9/14/2011: Hearing Held by Senate Judiciary Committee
10/13/2011: Ordered to be reported with amendments favorably Senate Judiciary Committee
10/13/2011: Reported to Senate with an amendment in the nature of a substitute by Senate Judiciary Committee
10/13/2011: Placed on Senate calendar
11/17/2011: Written report reported by Senate Judiciary Committee
Commentary: This bill would codify several criminal provisions meant to punish human trafficking. First, the bill would add fraudulent foreign labor contracting as a category of offenses that fall under the racketeering statute. The bill would also extend the reach of the government’s enforcement of halting “any illicit sexual conduct with another person” in foreign places. The current statute defines “illicit sexual conduct” as sex with a minor that would be illegal under U.S. law if it occurred in a U.S. jurisdiction, or any commercial sex act with a minor. This bill would extend the reach of this restriction to those who are residing temporarily or permanently in a foreign country, and not merely those American citizens or alien permanent residents that are traveling in foreign commerce. Additionally, this bill would make it a criminal offense to “knowingly destroy, conceal, remove, confiscate, or possess, an actual or purported passport or other immigration document of another individual” while violating or intending to violate the fraud in labor contracting statute or the Immigration and Nationality Act, in regards to the bringing or harboring of certain aliens. It would also prohibit that same knowing action “in order to, without lawful authority, maintain, prevent, or restrict the labor of services of the individual.” There is also an additional offense of obstruction. A violation of one of these new offenses would be punishable by up to 1 year imprisonment and a fine under Title 18, U.S. Code.
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
11/17/2011: Hearing Held by Senate Subcommittee on Superfund, Toxics and Environmental Health
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. 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.”
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
Sponsor: Rooney (R - FL)
Official Title: A bill to correct and simplify the drafting of section 1752 (relating to restricted buildings or grounds) of Title 18, United States Code.
Status:
1/19/2011: Introduced in House
1/19/2011: Referred to House Judiciary Committee
1/21/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Mark up in the House Judiciary Committee
1/26/2011: Ordered to be reported by voice vote House Judiciary Committee
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
2/11/2011: Reported to House by House Judiciary Committee
2/11/2011: Placed on House calendar
2/28/2011: House passage by roll call vote under suspension of the rules
3/1/2011: Received in Senate
3/1/2011: Referred to Senate Judiciary Committee
11/17/2011: Mark up in the House Judiciary Committee
11/17/2011: Ordered to be reported with amendments favorably
11/17/2011: Placed on Senate calendar
Commentary: This bill would amend existing section 1752 of Title 18 of the U.S. Code to reduce the protectiveness of the criminal-intent (mens rea) requirements in offenses involving conduct in “restricted” government buildings, grounds, or areas. Among other things, section 1752 currently prohibits any person or group of persons from: (1) “willfully” and “knowingly” entering or remaining in unauthorized Government buildings, grounds, or areas; (2) engaging in “disorderly or disruptive conduct” that “impedes or disrupts the orderly conduct of Government business” or is intended to do so; (3) obstructing or impeding ingress or egress to or from Government buildings, grounds, or areas; or (4) engaging in “any act of physical violence against any person or property” in Government buildings, grounds, or areas. Violations of current law carry criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Violations that involve the use of a firearm or that result in significant bodily injury may be punished by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 347 would restructure the language of Section 1752 defining the criminal offenses and reduce the level of criminal intent the Government must prove to establish a violation from a “willfully and knowingly” standard to a less-protective “knowingly” standard. The bill would not alter the existing criminal penalties.
No comments:
Post a Comment