Overcriminalized.com Legislative Update

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LEGISLATIVE UPDATE

The Legislative Update provides details, status, and basic commentary on legislation pending in Congress that could perpetuate the dangerous trend of criminalizing more and more conduct that is socially and economically beneficial and of punishing Americans for acts they commit without criminal intent (mens rea). Legislative Update does not cover legislation on street crime i.e., crimes involving violence, drugs, or firearms. Otherwise, Legislative Update attempts to include all bills in Congress that add or modify federal criminal offenses or penalties.

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H.R. 44: Guam World War II Loyalty Recognition Act  This bill would authorize the Foreign Claims Settlement Commission to compensate residents of Guam and their descendents who were injured or killed in World War II. The bill prohibits those who represent Guam residents before the Commission from receiving remuneration in excess of one percent of the total amount paid for a claim. Representatives who demand or receive more than that amount could be punished with up to one year of imprisonment and criminal fines of up to $5,000. The criminal offe...

H.R. 98: Illegal Immigration Enforcement and Social Security Protection Act  This bill would establish a database for determining employment eligibility based on citizenship and immigration status and prohibit unauthorized access to it. Violations would be punishable by criminal fines and imprisonment of five to seven years. The bill would also increase penalties for hiring individuals known to be unauthorized to work in the United States. Existing penalties under Title 18 of the U.S. Code of $3,000 per unauthorized worker and six months’ total imprisonment would be rai...

H.R. 106: Public Official Accountability Act  This bill would amend Subchapter D of Chapter 227 of Title 18 of the U.S. Code to increase potential criminal penalties for public officials convicted of certain Federal criminal offenses. In cases involving conviction of public officials for offenses “consisting of conduct during the course of official duty, intended to enrich that official” or “involving bribery, fraud, extortion, or theft of public funds greater than $10,000,” H.R. 106 would allow the sentencing judge to increase the term of...

H.R. 107: Caging Prohibition Act of 2011  This bill seeks to prohibit, subject to certain exceptions, state or local election officials from preventing apparently unqualified individuals from registering for or voting in Federal elections and to prohibit certain formal challenges under state law to an individual’s registration status or eligibility to vote. H.R. 107 specifically targets what it characterizes as “voter caging” activities and the use of “voter caging documents” or “voter caging lists” by individuals seeking to challenge ...

H.R. 109: Voter Opportunity and Technology Enhancement Rights Act of 2011  This bill is a comprehensive attempt to reform Federal election procedures, administration, and standards, and implement stronger penalties associated with activities such as what it characterizes as “voter caging,” voter intimidation, hindering or interfering with voting or registration, or making false statements regarding federal elections or election endorsements. The “voter caging” provisions of H.R. 109 mirror those introduced in H.R. 107 and provide for criminal sanctions of up to five y...

H.R. 138: Ethics in Foreign Lobbying Act of 2011  This bill would establish within the Federal Election Commission a clearinghouse of public information regarding the political activities of foreign principals and their agents. The clearinghouse would maintain registrations and reports filed under the Lobbying Disclosure Act of 1995, the Foreign Agents Registration Act of 1938, the Ethics in Government Act, and the Federal Election Campaign Act for the preceding five-year period. It would also maintain listings of public hearings, hearing witne...

H.R. 173: Medicare Fraud Prevention Act of 2011  This bill would amend titles XI and XVII of the Social Security Act (42 U.S.C. § 1320a-7a) to increase the civil and criminal penalties for Medicare fraud and abuse. In particular, it would quadruple most criminal fines for false statements and representations, “illegal remunerations,” and “illegal patient admittance and retention” and would double the maximum imposable sentences for such violations from five to 10 years imprisonment. H.R. 173 would also double the maximum sentence for excessiv...

H.R. 190: Protecting America’s Workers Act  This bill seeks to amend the Occupational Safety and Health Act of 1970 (OSHA) to broaden the scope of the legislation, increase the protections for individuals deemed to be “whistleblowers,” and increase the civil and criminal penalties for OSHA violations. Specifically, H.R. 190 revises the language of Section 17 of OSHA (29 U.S.C. Section 666) to provide greater criminal penalties for employers who knowingly violate any standard, rule, or order promulgated under OSHA, or any regulation presc...

H.R. 196: Simplifying The Ambiguous Law, Keeping Everyone Reliably Safe (STALKERS) Act of 2011  Section 2261A(1) of Title 18, U.S. Code, presently makes stalking illegal when the prohibited conduct involves “travel[] in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enter[ing] or leav[ing] Indian country.” H.R. 196 would loosen the interstate commerce requirements of the law even further and make stalking unlawful when the conduct occurs “in or affecting interstate or foreign commerce or in the special maritime and territ...

H.R. 322: Dangerous Products Warning Act  The extremely broad provisions of this bill would amend Title 18 of the U.S. code to subject any “business entity” or “product supervisor with respect to a product or business practice” to criminal sanctions for failure to inform or warn about a “serious danger” associated with any product, component of a product, or business practice. Any entity or supervisor who “knowingly” fails to warn (within 15 days of discovery of the dangerous product or practice) an appropriate federal agency, affected ...

H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011  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 “impede...

H.R. 386: Securing Aircraft Cockpits Against Lasers Act of 2011  The bill would make it unlawful for any person to “knowingly aim[] the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft.” The penalty for such actions would be imprisonment for up to five years, a fine as authorized by Title 18, U.S. Code, or both. The language of H.R. 386 offers a limited number of exceptions to its general prohibition, including one for aiming a laser at an aircraft for emergency signali...

H.R. 583: Jane's Law  This bill would create a new criminal offense for “knowingly” traveling in interstate or foreign commerce “with the intent to evade compliance with a court-ordered property distribution as part of a separation or divorce settlement involving more than $5,000.” Violations would be punishable by mandatory criminal restitution under section 3663A of Title 18, U.S. Code.

H.R. 675: Strengthening Medicare Anti-Fraud Measures Act  Section 1320a-7 of Title 42, U.S. Code, sets forth the bases on which the Secretary of Health and Human Services “shall” (subsection (a)) and “may” (subsection (b)) exclude persons and entities from participation in federal health care programs. This bill would clarify 42 U.S.C. § 1320a-7(b)(15), which extends any exclusion to include any individual who controls a sanctioned entity. As amended, the exclusion would extend to any individual who has an ownership or control interest in a sanctioned ...

H.R. 685: Checkpoint Images Protection Act of 2011  This bill is similar in substance to Senate Amendment 58 that has been proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act. H.R. 685 would make it a criminal violation for an unauthorized individual to “knowingly” photograph, record, or distribute any images produced using “advanced imaging technology during the screening of an individual at an airport, or upon entry into any building owned or operated by the Federal Government.” A narrow exception to this p...

H.R. 775:  This bill would amend section 2112 of Title 44, U.S. Code, to require any organization “established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities related to a Presidential archival depository” to disclose specified information relating to the sources and amounts of those funds. Specifically, H.R. 775 would require such covered organizations to divulge the value, source, and date of every mo...

H.R. 950: Ticket Act  This bill seeks to override state and local prohibitions on the resale of event tickets by subjecting them to the requirements of the unfair and deceptive trade practices provisions of the Federal Trade Commission (FTC) Act (15 U.S.C. § 41 et al.). Specifically, H.R. 950 makes it unlawful for any ticket issuer to “prohibit or restrict the resale or offering for resale of an event ticket by a lawful possessor thereof” or to “engage in the primary or resale market for event ticket sales … without...

H.R. 964: Federal Price Gouging Prevention Act  This bill, nearly identical to H.R. 2129 in the 111th Congress, would criminalize certain fuel sales during presidentially declared “energy emergencies” based on the amorphous and subjective civil-law standard of unconscionability. Retail and wholesale fuel sellers could be criminally punished if the federal government determines – based on a post-hoc analysis of the market – that the fuel price was “unconscionably excessive.” H.R. 964 specifically prohibits the sale of gasoline or any other ...

H.R. 1050: Small Business Health Fairness Act of 2011  This bill is nearly identical to H.R. 2607 in the 111th Congress, which Representative Johnson also introduced. Like H.R. 2607, H.R. 1050 would allow businesses and other organizations to offer their employees or members health insurance coverage through new mechanisms known as “association health plans.” In conjunction with this framework, H.R. 1050 creates a new criminal offense that would punish individuals or entities for willfully misrepresenting any other kind of health insurance plan or...

H.R. 1112: National Association of Registered Agents and Brokers Reform Act of 2011  This bill is nearly identical to H.R. 2554 from the 111th Congress, which was introduced by Congressman David Scott (D-GA). H.R. 1112 would establish the National Association of Registered Agents and Brokers, a non-profit corporation, to “provide a mechanism through which licensing, continued education, and other nonresident insurance producer qualification requirements and conditions can be adopted and applied on a multi-state basis.” In order to become a member of the association, an insuran...

H.R. 1127: Children’s Sports Athletic Equipment Safety Act  This bill, which is nearly identical to S. 601, requires the Consumer Product Safety Commission (CPSC) to evaluate voluntary safety standards and promulgate consumer product safety regulations for youth football helmets, reconditioned football helmets, and new football helmet concussion resistance systems. In addition, S. 601 makes it unlawful for any person to sell, offer for sale, or import “any item of equipment intended, designed, or offered for use by an individual engaged in any athletic ...

H.R. 1144: Transparency and Openness in Government Act  This bill would make amendments to the Federal Advisory Committee Act (5 U.S.C. App.), the Presidential Records Act (44 U.S.C. § 2201 et al.), and current electronic message preservation procedures to ease restrictions on public access to certain types of federal government documents. A section of H.R. 1144, which is nearly identical to H.R. 36 from the 111th Congress, also seeks to subject Presidential library fundraising organizations to increased reporting requirements and scrutiny from the ...

H.R. 1174: Internet Gambling Regulation, Consumer Protection, and Enforcement Act  This bill establishes an internet gambling licensing program to be administered and enforced by the Secretary of the Treasury. Licensees under the program would be permitted to legally accept bets or wagers from persons located in the United States, subject to certain specified limitations. H.R. 1174 would also criminalize the knowing use of “electronic cheating devices” with the purpose of obtaining an advantage in any authorized internet gambling game by any person “initiating, receiving, or...

H.R. 1183: Suzanne Gonzales Suicide Prevention Act of 2011  This bill is nearly identical to H.R. 853 from the 111th Congress, which was also introduced by Rep. Herger. Like its predecessor, H.R. 1183 would prohibit the knowing use of facilities of interstate or foreign commerce “to teach a particular person how to commit suicide, knowing that the person so taught is likely to use that teaching to commit suicide,” or “to provide a particular person with material support or resources to help such person commit suicide, knowing that the person is likely t...

H.R. 1196: Loophole Elimination and Verification Enforcement (LEAVE) Act  This bill is nearly identical to H.R. 994 from the 111th Congress, which was also introduced by Rep. Miller. Like its predecessor, H.R. 1196 would prohibit assisting, encouraging, directing, or inducing a person to enter, reside in, or remain in the United States “knowing or in reckless disregard of the fact that such person” is an illegal alien. The bill would also prohibit an individual from assisting, encouraging, directing, or inducing a person “to enter the United States at a place other ...

H.R. 1200: American Health Security Act of 2011  This bill would repeal Title I of the Patient Protection and Affordable Care Act dealing with state exchanges and would establish in its place a State-Based American Health Security Program that would oversee a new “universal entitlement” to benefits for certain health care services, including community health, preventative care, long-term care, dental, and substance abuse treatment services. The bill also makes the fraud and abuse provisions of the Social Security Act (SSA) applicable to the h...

H.R. 1389: Global Online Freedom Act of 2011  This bill would establish an Office of Global Internet Freedom within the Department of State to help protect and promote abroad the freedom of electronic information related to political, religious, or ideological opinion or belief. Additionally, H.R. 1389 would mandate that any U.S. business that creates, provides, or offers to the public for commercial purposes an Internet search engine, Internet communications services, or Internet content hosting services, adhere to “minimum corporate stan...

H.R. 1404: Fair Elections Now Act  This bill, which is a companion bill to S. 750, would amend the Federal Election Campaign Act (FECA) of 1971 (2 U.S.C. 431 et seq.) to set up a quasi-publicly funded system for financing U.S. House campaigns. Specifically, the bill would establish a so-called Fair Elections Fund (FEF) that would contribute $900,000 to each qualified candidate participating in the system. The FEF would be funded by future appropriations, voluntary contributions by taxpayers, and civil penalties levied against H.R...

H.R. 1468: Honest Services Restoration Act  The 24-year-old federal “honest services” fraud statute, 18 U.S.C. § 1346, makes it a federal crime to engage in a “scheme or artifice to defraud another of the intangible right of honest services.” The maximum term of incarceration for whatever conduct is deemed to violate this uncommonly broad prohibition is 20 years (30 years if the violation “affects” any financial institution). In June 2010, the Supreme Court held that the language of the “honest services” fraud statute is unconstitutionall...

H.R. 1483: Drug Safety Enhancement Act of 2011  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....

H.R. 1493: Paycheck Fairness Act  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 do...

H.R. 1537: Uniting American Families Act of 2011  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 rela...

H.R. 1566: Protecting Servicemembers from Mortgage Abuses Act of 2011  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 cou...

H.R. 1579: Robert C. Byrd Mine Safety Protection Act of 2011  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 significantl...

H.R. 1588: Consumer Rental Purchase Agreement Act  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 informatio...

H.R. 1591: Sanctity of Eternal Rest for Veterans Act (SERVE Act) of 2011  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 begin...

H.R. 1657:  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 ...

H.R. 1733: Interstate Horseracing Improvement Act of 2011  This bill, like its House counterpart (S. 886), would amend the Interstate Horseracing Act of 1978 (15 U.S.C. § 3001 et seq.) to prohibit the use of “performance-enhancing drugs” in horseracing. H.R. 1733 does not include traditional criminal penalties, but it does debar violators from participating in their industry, a quasi-criminal penalty that Congress is increasingly imposing without the many protections that apply to investigations and prosecutions in the criminal context. The bill inclu...

H.R. 1748: Taxpayer and Gas Price Relief Act of 2011  This bill is nearly identical to H.R. 964, which was also introduced by Rep. Bishop, and would criminalize certain fuel sales during presidentially declared “energy emergencies” based on the amorphous and subjective civil-law standard of unconscionability. Retail and wholesale fuel sellers could be criminally punished if the federal government determines – based on a post-hoc analysis of the market – that the fuel price was “unconscionably excessive.” H.R. 1748 specifically prohibits the sale of...

H.R. 1775: Stolen Valor Act of 2011  The original Stolen Valor Act (SVA), passed by Congress and signed into law by President Bush in 2006, broadened the provisions of federal law addressing the unauthorized purchase, solicitation, wear, manufacture, or sale of military decorations and medals. The SVA also made it a federal criminal offense to falsely represent oneself, either verbally or in writing, to have been “awarded any decoration or medal authorized by Congress for the Armed Forces of the United States, any of the service m...

H.R. 1778: Construction Quality Assurance Act of 2011  This bill would create a regulatory framework by which to identify and punish the practices of “bid shopping” and “bid peddling” for federal contracts worth over $1,000,000 for the construction, alteration, or repair of any public building or public work of the United States. Specifically, H.R. 1778 would require clear identification of potential subcontractors by bidding prime contractors and prohibit the unauthorized substitution of subcontracting entities without “good cause” or proper notic...

H.R. 1783: Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011  This bill, like its Senate counterpart (S. 824), 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, H.R. 1783 would increase the existing criminal penalties fo...

H.R. 1793: Clean Up Government Act of 2011  This bill would make myriad changes to Title 18 of the U.S. Code to expand the scope of a number of federal criminal laws targeting fraud, theft, bribery, embezzlement, racketeering, and other forms of so-called public corruption. H.R. 1793 would also increase the criminal penalties for certain public corruption offenses, expand the federal venue provisions for a wide range of federal offenses (including perjury and obstruction of justice), and broaden the applicability of the federal wiretap au...

H.R. 1796: Reuniting Families Act  This bill is substantially similar to H.R. 1537 and S. 821, and 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 spouses of U.S. citizens or lawful permanent residents. H.R. 1796 defines a “permanent partner” as an individual age 18 or older who is: (a) “in a committed, intimate rel...

H.R. 1823: Criminal Code Modernization and Simplification Act of 2011  This bill, much like H.R. 1772 from the 111th Congress (also introduced by Rep. Sensenbrenner), would replace the entirety of Title 18 of the U.S. Code, simplifying and consolidating existing criminal provisions. In all, it would cut over one-third of the existing criminal code; reorganize the code to make it more user-friendly; and consolidate criminal offenses from other titles so that Title 18 includes all major criminal provisions. In general, it is policy-neutral, meaning that it does not ...

H.R. 1826:  This bill would amend 38 U.S.C. § 5905 to reinstate criminal penalties for persons charging veterans unauthorized fees in connection with benefit proceedings before the Department of Veterans Affairs. Currently, section 5905 subjects a person to criminal sanctions if that individual “wrongfully withholds from any claimant or beneficiary any part of a benefit or claim allowed and due to the claimant or beneficiary.” H.R. 1826 would maintain this existing criminal provision and add another prohi...

H.R. 1870: Increase American Energy Production Now Act of 2011  This bill would create new agencies within the Department of Interior (DOI) and make substantive amendments to the Outer Continental Shelf Lands Act (43 U.S.C. § 1331 et seq.), the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. § 1701 et seq.), the Oil Pollution Act of 1990 (33 U.S.C. § 2701 et seq.), and other public laws dealing with the regulation of oil, gas, and mineral exploration within the territory of the United States. In addition to making broad changes to the energy r...

H.R. 1899: Oil Consumer Protection Act of 2011  This bill would amend the Sherman Act (15 U.S.C. § 1 et seq.) to make foreign oil-producing and exporting cartels illegal under U.S. antitrust law, and encourage the U.S. Attorney General and Chairman of the Federal Trade Commission to examine how the current provisions of the Clayton Act (15 U.S.C. § 12 et seq.) apply to mergers in the oil and gas industry. In addition, H.R. 1899 would criminalize certain fuel sales during presidentially declared “energy emergencies” based on the amorphous and...

H.R. 1909: FFSCC Charter Act of 2011  This bill, which is nearly identical to H.R. 5942 from the 111th Congress, purports to establish a “vibrant, safe, and commercially viable market for underbanked [sic] and unbanked [sic] individuals to gain access to financial services and products.” H.R. 1909 would authorize the Comptroller of the Currency to charter Federal Financial Services and Credit Companies (FFSCCs), while likewise imposing a series of vague, broad duties on these financial entities. An FFSCC would be required, for exa...

H.R. 1923: Public Officials Accountability Act  The 24-year-old federal “honest services” fraud statute, 18 U.S.C. § 1346, makes it a federal crime to engage in a “scheme or artifice to defraud another of the intangible right of honest services.” The maximum term of incarceration for whatever conduct is deemed to violate this uncommonly broad prohibition is 20 years (or 30 years if the violation “affects” any financial institution). In June 2010, the Supreme Court held that the language of the “honest services” fraud statute is unconstitution...

H.R. 2164: Legal Workforce Act  This bill would require the use of the Employment Eligibility Verification System, commonly known as E-Verify. Individuals would be required to certify that they are in the U.S. legally. Any person supplying identifying information “knowing that the number does not belong to the individual providing the number” would be subject to a criminal fine under Title 18 and a minimum of one year and maximum of 15 years incarceration. Employers who know that the identifying information they provide to ...

H.R. 2168: Geolocational Privacy and Surveillance (GPS) Act  This act would make misappropriation of certain geolocation information a criminal offense. “Geolocation information” is “with respect to a person, any information that is not the content of a communication, concerning the location of a wireless communication device or tracking device . . . that, in whole or in part, is generated by or derived from the operation of that device and that could be used to determine or infer information regarding the location of the person.” These offenses include...

H.R. 2210: Sportsmanship in Hunting Act of 2011  This bill would make it a crime to knowingly transfer, transport, or possess confined exotic animals in interstate commerce for the purpose of killing or injuring the animals for entertainment or for a trophy. The penalty would be imprisonment of less than one year and/or a fine under Title 18. The bill defines “confined exotic animal” as an animal not indigenous to the U.S. that has been held in captivity for the majority of its life or for at least one continuous year. The bill would also w...

H.R. 2221: Girls Protection Act of 2011  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.

H.R. 2256: Pet Safety and Protection Act of 2011  This bill would redefine the properly licensed individuals and entities who can provide cats and dogs for research as provided in Chapter 54 of Title 7 of the U.S. Code. This bill subjects violators to a $1,000 fine, which appears to be a civil penalty. Yet Subsection 2149(d) of Title 7 states that “[a]ny dealer, exhibitor, or operator of an auction sale subject to section 2142 of this title, who knowingly violates” any of Chapter 54’s provisions is subject to up to a year imprisonment and maxi...

H.R. 2333: Safe Drivers Act of 2011  This bill would withhold twenty-five percent of federal highway funds from states that do not institute a ban on drivers using hand-held mobile devices while operating a motor vehicle. For a state to avoid losing these funds, it must institute a minimum criminal penalty for a first offense and a graduated penalty for repeat offenders. These penalties are to be specified by regulation by the Secretary of Transportation.

H.R. 2346: Balancing Act of 2011  This bill would create a Family and Medical Insurance Program pursuant to which States can require employers to provide eligible employees 12 work weeks of leave for specified family medical events. The criminal offenses cover any person who (1) “makes or causes to be made” a false statement on an application for benefits; (2) “knowingly presents or causes to be presented any false written or oral material statement” for benefits; (3) “knowingly solicits, receives, offers, pays, or accepts any ...

H.R. 2349: Veterans' Benefits Training Improvement Act of 2011  This bill would amend the current penalties statute for charging unauthorized fees to veterans for claims before the Department of Veterans Affairs. A violator “knowingly solicits, contracts for, charges, or receives any fee or compensation” for certain benefit claims, or attempts to do so. Other violations include “unlawfully withhold[ing]” any benefits or claims, or attempting to do so; committing a punishable offense under the chapter; and aiding, abetting, counseling, commanding or otherwi...

H.R. 2357: Fighting Fraud in Transportation Act of 2011  This bill includes the quasi-criminal penalty of debarment for certain conduct by commercial sureties who provide broker and forwarder security. Under existing law, no person may act as a freight forwarder or broker unless the person furnishes a surety, and the bill would expand the current statute 49 U.S.C. § 13906 regulating the provision of such security. In addition to civil penalties, if a surety does not meet the subsection’s requirements, it “shall be ineligible to offer broker and forw...

H.R. 2366: Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2011  This bill would impose criminal penalties on various aspects of Internet gambling. A person must have a license to operate an Internet gambling facility or he faces a criminal fine under Title 18 and up to five years imprisonment. A licensee may not accept any bet or wager on a game, event, or activity that is not Internet poker. Additionally, a licensee may not accept any bet or wager on any sporting event if to do so violates other federal or state laws. A licensee is strictly liable for a...

H.R. 2431: False Travel Documents Prohibition Act of 2011  This bill would add any “false travel document” to the list of protected documents under 18 U.S.C. § 1028. The statute includes multiple criminal offenses prohibiting “knowing” conduct regarding fraudulent identification documents and authentication features. The maximum penalties for the various offenses range from 5 to 30 years of imprisonment in addition to fines under Title 18. The language of several of the offenses does not make it clear whether a conviction requires proof that an accus...

H.R. 2449: Fresh Start Act of 2011  This bill would create a process for nonviolent criminal offenders to have their criminal record expunged on petition to a federal court. For purposes of expungement, “nonviolent offense” includes any offense that is not (1) defined as crimes of violence by 18 U.S.C. [sec.] 16 and (2) “by its nature, [an offense that] involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.” Offenses that require registration...

H.R. 2492: Animal Fighting Spectator Prohibition Act of 2011  This bill would expand the definition of the prohibited conduct (actus reus) under the current animal fighting statute, 7 U.S.C. §2156. The bill would make it unlawful for a person to “knowingly attend” or “cause a minor to attend” an animal fight. Attending a fight would be punishable by up to 1 year of imprisonment and a fine as authorized by Title 18, U.S. Code. Causing a minor to attend an animal fight would be punishable by up to 3 years of imprisonment and a fine as authorized by Title ...

H.R. 2521: Endocrine-Disrupting Chemicals Exposure Elimination Act of 2011  [This is a companion bill to S. 3161.] This bill would create a research program to identify and ban any endocrine-disrupting chemicals that are of “the highest level of concern,” as determined by the program researchers and the Director of the National Institute of Environmental Health Services. Two years after a determination is made as to the level of concern associated with the chemical, it will be illegal to use the chemical in interstate commerce or affecting interstate commerce, ”unless...

H.R. 2523: Physician Availability Act of 2011  This bill would require non-federal hospitals to have a qualified physician on duty for non-emergency purposes. The Secretary of Health and Human Services would be authorized to enforce this requirement. The first two violations by a hospital would result in warnings followed by a civil monetary penalty. Any subsequent “knowing[]” violations by a hospital may result in loss of Medicare and Medicaid funds, which would effectively shutter many or most hospitals. A hospital faces the same penal...

H.R. 2546: Medical Waste Management Act of 2011  This bill would add to the list of specific types of medical waste that are covered under the Solid Waste Disposal Act. It would replace the relevant subchapter of Chapter 82 in Title 42, and the criminal penalties under this subchapter would be the same as in 42 U.S.C. § 6928. Additionally, this bill would grant the Environmental Protection Agency authority to promulgate regulations for medical waste. Such authorizations routinely result in criminalization defined by federal regulatory agenci...

H.R. 2552: Identity Theft Improvement Act of 2011  This bill would eliminate a part of the criminal-intent (mens rea) requirement from two criminal statutes. The “knowingly” term in 18 U.S.C. §§ 1028(a)(7) and 1028A(a) would no longer extend to using “a means of identification of another person” in identity theft offenses. In other words, a person who for documentation and identification purposes fabricated a number with no intent to appropriate the identity of another person could nonetheless be convicted of “identity theft.” This would reve...

H.R. 2572: Clean up Government Act  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. 1...

H.R. 2575: Drive to Stay Alive Act of 2011  This bill would withhold five percent of federal highway funds from states that do not institute a ban on drivers using wireless communication devices to make phone calls or send text messages while driving with a minor in the car. For a state to avoid losing these funds, the criminal offense it enacts must be a primary offense, and the state law must institute a minimum fine for a first offense and increased penalties for repeat offenders, as well as increased civil and criminal penalties that...

H.R. 2597: American-Owned Property in Occupied Cyprus Claims Act of 2011  This bill modifies a regime of the International Claims Settlement Act of 1949 to allow for U.S. citizens to settle property claims in Turkey. The criminal provision involves a limitation of fees of 10 percent for services that a person renders on behalf of any claimant. A violation of this limitation would be punishable by imprisonment for up to 12 months and a fine as authorized by Title 18, U.S. Code.

H.R. 2838: Coast Guard and Maritime Transportation Act of 2011  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. 2840: Commercial Vessel Discharges Reform Act of 2011  This bill creates a new section of the Federal Water Pollution Control Act regarding the discharge of ballast water from commercial ships. The proposed statute would set requirements and performance standards for ballast water discharge. A knowing violation of any provision of this section is punishable by imprisonment up to 3 years and a fine per day of violation of $5,000 to $50,000.

H.R. 3011: Transportation Security Administration Authorization Act of 2011  This bill would expand the current 18 U.S.C. § 709 to include the use of certain symbols, words, and acronyms relating to the Federal Air Marshals and the Transportation Security Administration (TSA). This is part of a larger authorization bill for the TSA. It would be a crime for a person or a corporation to, without written permission, use the words, acronyms, or symbols of those agencies on apparel or in a publication “in a matter that is reasonably calculated to convey the impression that ...

H.R. 3051: Federal Death Penalty Abolition Act of 2011  This bill would strike the death penalty as an applicable penalty to any and all federal laws. The bill lists all of the occurrences, notably in homicide-related crimes, espionage, and treason. Additionally, any person sentenced prior to the passage of this law would have his sentenced commuted to life imprisonment without the possibility of parole.

H.R. 3186: Smuggled Tobacco Prevention Act of 2011 (STOP Act)  This bill would create several criminal offenses in regards to tobacco through the Internal Revenue Code. Tobacco production machines may be “made available” only to people who are lawfully 1) engaged in sales or other business transactions for such machines; 2) manufacture tobacco; and 3) applying unique identification markings on tobacco. In addition, those persons must have all necessary permits, registrations, and licenses. The bill would also make it unlawful to “knowingly” manufacture o...

H.R. 3210: Retailers and Entertainers Lacey Implementation and Enforcement Fairness Act (RELIEF Act)  This bill is aimed at amending the Lacey Act to relax some of the restrictions on plants, including the declaration and labeling provisions that were added by amendment in 2008. First, this bill would limit the application of the 2008 amendments by exempting any plant or finished plant product that was imported or completed prior to May 22, 2008. Second, it limits the declarations that must be made for products that are finished from trees, unless the item at issue is solid wood. The bill als...

H.R. 3215: Identify Theft and Tax Fraud Prevention Act  This bill would create a new offense in the Internal Revenue Code as well as increase one of its criminal penalties. The bill creates an offense for knowingly or willingly misappropriating the tax identification number of another for use on any related tax documents submitted to the Secretary of Treasury, which it makes punishable by imprisonment for up to 5 years, a maximum fine of $25,000 for an individual and $200,000 for a corporation, and the cost of prosecution. This bill would also increa...

H.R. 3261: Stop Online Piracy Act  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. 3270: America's Cup Act of 2011  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. 3321 and S. 1759.

H.R. 3289: Whistleblower Protection Enhancement Act of 2011  This bill would amend Chapter 23 of Title 5, U.S. Code, to pare back and eliminate many of the restrictions that have been read into the language of the Whistleblower Protection Act (WPA) by the U.S. Court of Appeals for the Federal Circuit and the Merit Systems Protection Board (MSPB). In addition, H.R. 3289 would expand the scope of the WPA to cover new groups of employee whistleblowers, including employees of the Transportation Safety Administration and various entities within the intelligenc...

H.R. 3311: America's Cup Act of 2011  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. 3321 and S. 1...

H.R. 3321: America's Cup Act of 2011  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. 1...

H.R. 3359: Traveling Exotic Animal Protection Act  If passed, this bill would effectively, through criminal penalties, end the use of many animals, including elephants and tigers, in traveling circuses. Under this new offense, a licensed exhibitor would not be permitted to use any “exotic or wild animal” in an animal act if the animal has traveled in mobile housing 15 days prior to the act. This would not apply to accredited zoos, aquariums, educational programs and institutions, labs, rodeos, and film, television and advertising groups. The p...

H.R. 3363: Maple Agriculture Protection and Law Enforcement Act of 2011 (MAPLE Act)  This bill would create the criminal offense of “[f]raudulently representing a product as maple syrup.” The bill would define what constitutes “maple syrup” and would make it a crime for a person to “knowingly and willfully introduce or deliver for introduction into interstate commerce a product that is labeled as maple syrup and that is not maple syrup.” There is an exception if the label also includes a “clear identification” of what the product really is. A violation is punishable by up to 5 y...

H.R. 3395: Concrete Masonry Products Research, Education, and Promotion Act of 2011  This bill aims to improve the concrete masonry market in the United States by supporting financing, research, education, and promotion of the industry through orders by the Secretary of Commerce and the creation of a Concrete Masonry Product Board. Among several other requirements, manufacturers and importers of concrete masonry products must maintain sufficient records to be submitted to the Board and to be readily available, but must also be kept confidential. A “willful[]” violation of the ...

H.R. 3399: Medicare and Medicaid Fighting Fraud and Abuse to Save Taxpayers' Dollars Act (Medicare and Medicaid FAST Act)  This bill would establish several new requirements and safeguards in order to control costs of several federal health care programs. The criminal offense created in this bill would make it unlawful to conduct a transaction of beneficiary identification numbers or other billing privileges “knowingly, intentionally, and with the intent to defraud.” These mens rea terms, coupled with the nature of the offense, makes this intent requirement strong. A violation is punishable by up to 10 years impr...

H.R. 3468: Counterfeit Drug Penalty Enhancement Act of 2011  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...

H.R. 3474: Promoting Responsibility in Medical Expenditures Act of 2011 (PRIME Act of 2011)  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 resp...

H.R. 3486: Speak Out to Stop Child Abuse Act (SOS Child Abuse Act)  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. 3491: [No Title]  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...

H.R. 3528: Hate Crimes Against the Homeless Statistics Act of 2011  Although this bill does not create a new criminal offense, it is still noteworthy because of the potential for future criminal law legislation. This bill would add “homeless status” as a type of “hate crime” that is to be annually recorded by the Attorney General. Currently, statistics are collected on crimes that show prejudice based on “race, gender and gender identity, religion, disability, sexual orientation, or ethnicity.” The term “homeless status” would be defined as one who has no “fi...

H.R. 3541: Susan B. Anthony and Frederick Douglass Prenatal Nondiscrimination Act of 2011  This bill would prohibit abortions that are “sought based on the sex, gender, color or race of the child, or the race of a parent of that child.” The proposed statute refers to this as a “sex-selection” or “race-selection” abortion. The several prohibited acts include the knowing performance of an abortion based on race or sex selection abortion; the knowing use of force or threats to injure or intimidate a person for the purpose of coercing a race or sex selection abortion; the knowing solic...

H.R. 3550: Restoring Ethical Standards, Transparency, and Responsibility in Congressional Trading Act (RESTRICT Act)  This bill would make all individuals covered under the Ethics in Government Act of 1978 take action in regards to their personal financial securities. Individuals would be required to either place all securities in a qualified blind trust or to file an extensive report within three business days of a transaction. A violation would be punishable by either a civil penalty or a criminal fine under Title 18, United States Code.

H.R. 3589: Trafficking Victims Protection Reauthorization Act of 2011  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...

H.R. 3591: Postal Service Protection Act of 2011  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. ...

H.R. 3617: See Something, Say Something Act  This bill was likely written in reaction to the child sex abuse scandal at Penn State University. This bill would monetarily penalize states that do not enforce a law that criminally penalizes any adult to “who fails to report to a State or local law enforcement official or child protective services that the person has knowledge of child abuse or neglect that occurred in the State.” This establishes that a crime can be committed without taking any action whatsoever. Congress is attempting to ...

H.R. 3636: Protect Veterans’ Memorials Act of 2011  This bill would remove a de minimus requirement in the criminal offense for the transportation of stolen goods, securities, moneys, fraudulent state tax stamps, or article used in counterfeiting. 18 U.S.C. § 2314 currently requires that the stolen goods in question be valued at $5,000 or more. This bill would eliminate that requirement if the goods in question are a “veterans’ memorial” defined as “a grave marker, headstone, monument, or other object, intended to permanently honor a veteran or...

H.R. 3646: Foreign Manufacturers Legal Accountability Act of 2011  This bill attempts to tie foreign manufacturers to a domestic agent that can be haled into court. The criminal law provision of this bill regards declarations of a person importing a covered product from outside the United States. That person would be required to make an “appropriate inquiry” into the importer’s compliance with this bill by seeking documentation from the exporter and checking the registry established in this bill. Additionally, the importer must also declare that “to the best of...

H.R. 3668: Counterfeit Drug Penalty Enhancement Act of 2011  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 a...

H.R. 3674: Promoting and Enhancing Cybersecurity and Information Sharing Effectiveness Act of 2011 (PRECISE Act)  This bill, creating a large government infrastructure to face cybersecurity threats, also establishes a new criminal offense. Part of this comprehensive legislation includes the National Information Sharing Organization, which is charged with connecting government, companies, and individuals (members) in order to share information about cybersecurity threats. Some of the information passed will be confidential. It is unlawful for an individual associated with the organization, including gover...

H.R. 3687: Mine Safety Accountability and Improved Protection Act  This bill would increase fines and create new offenses relating to mining safety. A violation of health and safety regulations, not only the standards in the Act, could be criminally punishable. Some exceptions to the offense would be eliminated, and any authorization or order of “any policy or practice that contributed to the occurrence of a fatality” could be a criminal act resulting in imprisonment as outlined in the statute. Notably, however, the criminal intent terms increased protection...

H.R. 3704: Downed Animal and Food Safety Protection Act  This bill would create several criminal offenses regarding the euthanasia, movement, testing, and inspection of nonambulatory livestock. The bill would require that when a stockyard, market agency, dealer, packer or slaughterhouse discovers livestock “that will not stand and walk unassisted,” the animal must be “immediately humanely euthanize[d].” Disease testing may be done so long as the animal is euthanized immediately afterward. Covered entities would also not be permitted to move nonambu...

H.R. 3735: Medicare Fraud Enforcement and Prevention Act of 2011  This bill would increase the penalties for federal health care fraud. The penalties regarding false statements would be doubled for both maximum prison terms and maximum fines. Additionally, the bill would create an offense for “knowingly, intentionally, and with the intent to defraud” deals in two or more Medicare or Medicaid beneficiary identification numbers or billing privileges. A violation of this would be punishable by up to 10 years imprisonment and a fine under Title 18, U.S. Code.

H.R. 3738: [No Title]  This bill would subject members of the House of Representatives to the same post-employment restrictions as their colleagues in the Senate. Currently, former House Members face only a one-year prohibition for lobbying to members, officers, or employees of Congress, while former Senators must wait two years. This bill would make members of both Congressional chambers subject to the two-year lobbying restriction. A violation is punishable by up to 1 year imprisonment and a fine under Title 18, U...

H.R. 3766: Jeremy Bell Act of 2011  This bill creates a new criminal offense for employers. The bill would penalize an employer who transfers an employee to a location out of state if the employer “knows” that the transferring employee engaged in sexual conduct with a minor. There is no clear intent language, now is there an explanation as to the definition of “employer” in this context. A violation would be punishable by up to 5 years imprisonment and a fine under Title 18, U.S. Code.

H.R. 3798: Egg Products Inspection Act Amendments of 2012  This bill would create several new criminal offenses based on an amended statutory regime regarding egg-laying hens. This bill amends and adds new terms to the Egg Products Inspection Act, 21 U.S.C. Sec. 1033 et. al. Those terms primarily deal with housing of egg-laying hens. There are a number of hen-housing requirements that range from space in between cages and the proper water system for the hens. All of these alterations to the standards are made into criminal provisions by including a ...

H.R. 3801: Ultralight Aircraft Smuggling Prevention Act of 2012  This bill would add ultralight aircraft to the definition of “aircraft” for the purposes of the Tariff Act of 1930 as a way to increase the penalties for those using these aircraft to smuggle goods. In addition to this definitional change, which would incorporate more acts into the offense, this bill would add attempt and conspiracy to commit the offense as new offenses, and equally punishable to the completed offense. The mens rea required is merely “intentional.” A violation is punishable b...

H.R. 3803: District of Columbia Pain-Capable Unborn Child Protection Act  The bill would require the physician performing an abortion to determine the age of the fetus. This bill would make it illegal to perform an abortion in the District of Columbia without meeting the requirements outlined in the bill. These include a determination by the physician through questioning of the mother, as well as tests. If the post-fertilization age of the fetus is 20 weeks or more, the abortion would not be legal. There are exceptions for the life of the mother. A violation woul...

H.R. 3810: [No short title]  This bill would alter the penalty on repeat offenders for driving while intoxicated. First, the bill amends the current statute, which requires “a driver’s license suspension for not less than 1 year” for repeat offenders, and clarifies and expands the ban to “all driving privileges for not less than 1 year”. Second, rather than offering an option less than 1 year driver’s license suspension under the “combination” penalty provision, a “suspension of unlimited driving privileges for 1 year” wo...

H.R. 3823: Adjusted Residency for Military Service Act (ARMS Act)  This bill establishes a regime for canceling deportation order for illegal aliens who have been in the country for at least 5 years but entered when they were under 16 years old. It would give them the status of “conditional nonimmigrant” and allow them to enlist in the armed forces. In turn, the bill would create a criminal offense for anyone who files an application under the act and “willfully and knowingly falsifies, misrepresents, or conceals a material fact or makes any false or fraudule...

H.R. 3978: Equal Access to Support Youth Voting Act (EASY Voting Act)  This bill would create a criminal offense for disseminating false information regarding elections. Specifically, this bill would make it a crime to “knowingly disseminate[ ] false information for the purpose of discouraging” college students from registering or voting in a federal election. A violation is punishable by up to 1 year imprisonment and a fine under Title 18, U.S. Code.

H.R. 4030: Stop the Revolving Door in Washington Act  This bill would extend the post-employment restrictions on lobbying against former Members of Congress and other Congressional employees. The current statute restricts participation in lobbying activity for former Members for 2 years and former staffers for 1 year. This bill would increase the restriction to 5 years and 2 years, respectively.

H.R. 4054: Restore Public Trust Act  This bill would create “political intelligence” restrictions to mirror lobbying restrictions and disclosures in Congress. The bill defines “political intelligence contacts” as “any oral or written communication (including an electronic communication) to or from a covered executive branch official or a covered legislative branch official, the information derived from which is intended for use in analyzing securities or commodities markets, or in informing investment decisions, and which is made ...

H.R. 4100: Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2011  This bill is similar to several bills introduced in the 110th and 111th Congresses and S. 52 in the 112th Congress, dealing with the enforcement mechanisms available to stop and deter illegal, unreported, and unregulated fishing operations, though prohibited acts and penalties have been scaled back. The bill would make it a criminal offense to: (1) “refuse to permit any officer authorized to enforce the provisions of this Act to board, search, or inspect a vessel, aircraft, vehicle, or shoreside...

H.R. 4119: Border Tunnel Prevention Act of 2012  This bill would add more criminal provisions to the federal criminal statute on border tunnels and crossings. Additional offenses for attempt and conspiracy relating to the border tunnel crimes would be added. The penalties for these would also be the same as the completed offenses. This bill is similar to S. 1236.

H.R. 4122: Big Cats and Public Safety Protection Act  This bill targets breeders of “big cats,” such as lions and tigers, by prohibiting private possession of these animals. The amendments would make it a crime to possess prohibited wildlife unless the possessor is an accredited institution. This bill would punish those who “knowingly” violate the statute, as well as those who “in the exercise of due care should know” that they are violating this section of the U.S. Code. A violation would be punishable by up to 5 years imprisonment and up to a ...

S. 46: Coral Reef Conservation Amendments Act  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 u...

S. 52: International Fisheries Stewardship and Enforcement Act  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 crimin...

S. 130:  This bill amends the Federal Election Campaign Act of 1971 (2 U.S.C. § 431 et seq.) to prohibit any authorized committee of a political candidate or any other committee established, maintained, or controlled by a political candidate or person who holds a federal office from employing the spouse or any immediate family member of such candidate or federal office holder. Violations of this provision would be subject to sanctions that are yet to be determined. Additionally, S. 130 amends 18 U.S.C....

S. 153: Robert C. Byrd Mine and Workplace Safety and Health Act  This bill is nearly identical to S. 3671, which was sponsored by Senator Rockefeller in the 111th Congress. Much like that piece of legislation, S. 153 would significantly lower the mental state required to prove a violation of a mandatory health and safety standard and increase the penalties for violating 30 U.S.C. § 820(d). That provision currently prohibits “willfully” violating a mandatory mining health or safety standard or “knowingly” violating or refusing to comply with certain orders is...

S. 167: Child Custody Protection Act  This bill would prohibit “knowingly transport[ing] a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridg[ing] the right of a parent under a law requiring parental involvement in a minor’s abortion decision, in force in the State where the minor resides.” Such an abridgment would occur “if an abortion is performed on the minor, in a State other than the State where the minor resides, without the parental consent or notification, or the judicia...

S. 168: Voter Fraud Prevention Act  This bill amends the Help America Vote Act of 2002 to place restrictions on the paid distribution of voter registration application forms and registration requirements for organizations. Specifically, S. 168 prohibits any individual from distributing for compensation a voter registration application form for federal elections in a state if the individual: (1) has been convicted of a felony under any state or federal law; (2) does not sign and print legibly the individual’s name on the form; (3)...

S. 216: Food Safety Accountability Act of 2011  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.” ...

S. 223: FAA Air Transportation Modernization and Safety Improvement Act  This authorization bill would modify the approved funding levels and scope of a wide array of programs associated with the Federal Aviation Administration (FAA) and the national air traffic control system. Of the 108 proposed amendments to the legislation, five (S. Amendments 8, 29, 58, 67, and 85) seek to add new criminal penalties to the federal code. Three of those amendments (S. Amendments 8, 58, and 85) have been agreed to by the Senate and added to the language of S. 223. Senate Amendment...

S. 224: Stalkers Act of 2011  This bill is nearly identical to S. 3727 from the 111th Congress, which was also sponsored by Senator Klobuchar. It would rewrite and supplement 18 U.S.C. § 2261A(1), which presently makes stalking illegal when the prohibited conduct involves “travel[] in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enter[ing] or leav[ing] Indian country” and when prohibited conduct occurs “that uses the mail, any interactive computer service...

S. 235: Lieutenant Colonel Dominic “Rocky” Baragona Justice for American Heroes Harmed by Contractors Act  This bill would require the Federal Acquisition Regulation to be amended to impose the quasi-criminal penalty of debarment or suspension upon federal contractors for evading service of process in civil actions or criminal prosecutions, or for refusing or failing to appear in federal court in actions brought against them by the United States, its citizens or its nationals “in connection with an obligation under the terms of the contract.” The bill would also require the Federal Acquisition Regula...

S. 318: Secure Airport Terminal Act of 2011  This bill would increase existing criminal penalties for circumventing Transportation Security Administration security screening at airports. Currently, under 49 U.S.C. § 46314, individuals who “knowingly and willfully” circumvent security screening are subject to criminal penalties of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Individuals who circumvent security screening “with intent to commit, in the aircraft or airport area, a felony under the law of the U...

S. 319: Pharmaceutical Market Access and Drug Safety Act of 2011  This bill is nearly identical to S. 525 from the 111th Congress, which was introduced by Senator Dorgan (D-ND), and would allow the importation of prescription drugs by wholesalers and pharmacies that register with the Department of Health and Human Services. S. 319 would also create a criminal offense for the importation of drugs in “knowing” violation of a vast array of regulations issued under the Food and Drug Act, including violations of any registration requirement, falsifications of any r...

S. 350: Environmental Crimes Enforcement Act of 2011  Section 3663A of Title 18, U.S. Code, mandates that those convicted of certain crimes pay restitution to the victims of those crimes. This bill, which is substantially similar to S. 3466 from the 111th Congress, would add a wide range of conduct prohibited by the Federal Water Pollution Control Act, commonly known as the Clean Water Act, to the list of crimes for which restitution must be ordered as part of the sentence. Because restitution would be mandatory, federal courts would not have the d...

S. 370:  This bill would amend Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) to require that an offeror who is awarded a government contract with a Federal agency notify all small business concerns of their inclusion as potential subcontractors in the offer at issue. S. 370 would require any offeror that “intends to identify a small business concern as a potential subcontractor in the offer relating to the contract” to (1) notify the small business concern that the offeror intends to identif...

S. 401: Public Corruption Prosecution Improvements Act of 2011  This bill is substantively similar to S. 49 from the 111th Congress, which Senator Leahy also sponsored. Like the earlier bill, S. 401 seeks to implement a massive number of changes to various federal criminal statutes. Changes of note include the following: (1) extending the statute of limitations to six years for certain “serious public corruption offenses”; (2) modifying the federal mail and wire fraud statutes to apply to schemes to obtain “any other thing of value” in addition to the curr...

S. 486: Protecting Servicemembers from Mortgage Abuses Act of 2011  This bill 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 9...

S. 523:  This bill would increase the applicable criminal penalty for individuals who commit visa fraud by filing a petition for certification or recertification with the Student and Exchange Visitor Program (SEVP) under false pretenses. Specifically, S. 523 would make it a federal crime for a person “representing himself or herself as a principal, officer, or director of an educational institution” to “knowingly, and for pecuniary gain” file under false pretenses a “petition for certification or recert...

S. 601: Children’s Sports Athletic Equipment Safety Act  This bill, which is nearly identical to H.R. 1127, requires the Consumer Product Safety Commission (CPSC) to evaluate voluntary safety standards and promulgate consumer product safety regulations for youth football helmets, reconditioned football helmets, and new football helmet concussion resistance systems. In addition, S. 601 makes it unlawful for any person to sell, offer for sale, or import “any item of equipment intended, designed, or offered for use by an individual engaged in any athlet...

S. 633: Small Business Contracting Fraud Prevention Act of 2011  This bill would amend several sections of the Small Business Act to broaden the applicability of the penalties and remedies available to the Small Business Administration (SBA) in its punishment of specified misrepresentations and deceptions. Specifically, S. 633 prohibits individuals from “misrepresent[ing] the status of any concern or person as a small business concern, a qualified HUBZone small business concern, a small business concern owned and controlled by socially and economically disad...

S. 678: Economic Espionage Penalty Enhancement Act  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, o...

S. 709: Secure Chemical Facilities Act  This bill, which is nearly identical to S.3599 from the 111th Congress, would modify and make permanent the authority of the Department of Homeland Security to regulate security practices at chemical facilities throughout the United States. Specifically, S. 709 would require the risk-based designation and ranking of chemical facilities that possess “substances of concern” or meet other criteria established by the Secretary of DHS. The bill would also protect from disclosure certain information...

S. 711: Secure Water Facilities Act  This bill, which is nearly identical to S. 3598 from the 111th Congress, calls on the Administrator of the Environmental Protection Agency (EPA) to promulgate new regulations establishing risk-based performance standards for the security of public water systems that serve more than 3,300 people or otherwise present a security risk. S. 711 and the regulations promulgated in accordance with it would also protect certain information from disclosure, including any data associated with water system ...

S. 727: Bipartisan Tax Fairness and Simplification Act of 2011  This bill is nearly identical to S. 3018 from the 111th Congress, which was also introduced by Senator Wyden. S. 727 would make a number of substantive changes to the tax code, including increasing the penalties for several offenses involving attempted tax evasion, willful failure to file tax returns, and willful failure to pay taxes due. Under current law, section 7201 of Title 26, U.S. Code, prohibits the willful attempt to evade or defeat a tax. Violations of this provision are currently p...

S. 743: Whistleblower Protection Enhancement Act of 2011  This bill would amend Chapter 23 of Title 5, U.S. Code, to pare back and eliminate many of the restrictions that have been read into the language of the Whistleblower Protection Act (WPA) by the U.S. Court of Appeals for the Federal Circuit and the Merit Systems Protection Board (MSPB). In addition, S. 743 would expand the scope of the WPA to cover new groups of employee whistleblowers, including employees of the Transportation Safety Administration and various entities within the intelligence ...

S. 750: Fair Elections Now Act  This bill, which is a companion bill to H.R. 1404, would amend the Federal Election Campaign Act (FECA) of 1971 (2 U.S.C. 431 et seq.) to set up a quasi-publicly funded system for financing U.S. Senate campaigns. Specifically, the bill would establish a so-called Fair Elections Fund (FEF) that would contribute $1.25 million plus $250,000 per state congressional district to each qualified candidate participating in the system. S. 750 would also attempt to offset the excessive cost of campaign m...

S. 754: Safe Roads Act of 2011  This bill, which is nearly identical to S. 1113 from the 111th Congress, would create a “national clearinghouse for positive controlled substance and alcohol test results of commercial motor vehicle operators” and impose a variety of testing, disclosure, and recordkeeping requirements on employers of motor vehicle operators. Violations of any of these requirements would be punishable under 49 U.S.C. §521(b) by civil fines of up to $10,000 or, for “knowing” and “willful” transgressions, criminal...

S. 788: Fair Pay Act of 2011  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 domi...

S. 815: Sanctity of Eternal Rest for Veterans Act (SERVE Act) of 2011  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 begi...

S. 821: Uniting American Families Act (UAFA Act)  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 relat...

S. 824: Foreclosure Fraud and Homeowner Abuse Prevention Act of 2011  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. § 77y...

S. 847: Safe Chemicals Act of 2011  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 sp...

S. 881: Consumer Rental-Purchase Agreement Act of 2011  This bill, much like its House counterpart (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 that person is required to disclose under the provisions of [the CCPA] or any re...

S. 886: Interstate Horseracing Improvement Act of 2011  This bill, like its House counterpart (H.R. 1733), would amend the Interstate Horseracing Act of 1978 (15 U.S.C. § 3001 et seq.) to prohibit the use of “performance-enhancing drugs” in horseracing. S. 886 does not include traditional criminal penalties, but it does debar violators from participating in their industry, a quasi-criminal penalty that Congress is increasingly imposing without the many protections that apply to investigations and prosecutions in the criminal context. The bill inclu...

S. 890: Fighting Fraud to Protect Taxpayers Act of 2011  This bill would extend the international money laundering statute (18 U.S.C. § 1956 (a)(2)(A)) to cover actions in violation of sections 7201 and 7206 of the Internal Revenue Code of 1986 (26 U.S.C. § 7201 and 26 U.S.C. § 7206), which prohibit willful attempts to evade or defeat federal tax law and proscribe fraud or false statements made in connection with any return, statement, or other federal tax document. Specifically, the vague and overly broad criminal offense in S. 890 would apply the f...

S. 892: Consolidation of Department of Energy and Environmental Protection Agency Act of 2011  This bill would consolidate the Department of Energy (DOE) and the Environmental Protection Agency (EPA) into a single agency known as the Department of Energy and the Environment (DOEE), which would be created by combining the support and administrative offices of both agencies and eliminating ineffective or duplicative programs within each. In addition, S. 892 would authorize the DOEE Secretary to promulgate regulations covering entry on any property that is part of the Strategic Petroleum Re...

S. 914: Veterans Programs Improvement Act of 2011  The primary concern of this bill is regarding veterans’ benefits, but it also includes an amended criminal law provision. This bill would amend 18 U.S.C. § 1388 to increase the time and place restrictions on demonstrations of military funerals that are at Arlington National Cemetery or other national cemeteries. This bill would increase the time restrictions from 60 minutes before or after the ceremony to 120 minutes, and increase the distance at which a demonstration could take place from 150...

S. 915: American Health Security Act of 2011  This bill would create a “Medicare-for-All Single Payer Health Care System” through the establishment of a state-based “American Health Security Program” that purports to guarantee a universal entitlement to benefits for health care services. As a means of punishing fraud and abuse within this vast new system, S. 915 would apply section 1128B of the Social Security Act (SSA) (42 U.S.C. § 1320a-7b) to the state health security programs in the same manner as it applies to state medical assistance...

S. 917: Outer Continental Shelf Reform Act of 2011  This bill is substantially similar to S. 3516 from the 111th Congress, which was also introduced by Sen. Bingaman, and would impose post-employment restrictions on officers and employees of the Department of the Interior (DOI) who “directly or indirectly discharge[] duties or responsibilities” under the Outer Continental Shelf Lands Act. A two-year ban would apply to knowingly representing, communicating with the intent to influence, or knowingly aiding or advising any person before or to any de...

S. 952: Development, Relief and Education for Alien Minors (DREAM) Act of 2011  This bill is a version of the DREAM Act (see S. 729, S. 3962, S. 3963, and S. 3992 from the 111th Congress), which would grant legal status to certain illegal aliens who have been admitted to an American institution of higher education or have obtained a high school diploma or general education development certificate in the United States. S. 952 establishes criminal penalties for false statements or representations made in conjunction with any application for relief or benefit under the legisla...

S. 978:  This bill would amend 17 U.S.C. § 506 and 18 U.S.C. § 2319 to broaden the scope of the criminal offense and penalty provisions for infringement of a copyright. Currently, 17 U.S.C. § 506(a) punishes the willful infringement of a copyright “for purposes of commercial advantage or private financial gain.” Violations involving the “the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, whic...

S. 995: Public Officials Accountability Act  The 24-year-old federal “honest services” fraud statute, 18 U.S.C. § 1346, makes it a federal crime to engage in a “scheme or artifice to defraud another of the intangible right of honest services.” The maximum term of incarceration for whatever conduct is deemed to violate this uncommonly broad prohibition is 20 years (or 30 years if the violation “affects” any financial institution). In June 2010, the Supreme Court held that the language of the “honest services” fraud statute is unconstituti...

S. 1002: Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety (SAFE DOSES) Act of 2011  This bill would amend Title 18 of the U.S. Code to create several new criminal offenses prohibiting the “theft of medical products,” and would include the new crimes as predicate offenses under the RICO statute (18 U.S.C. § 1961(1)(B)). S. 1002 defines medical products as “drug[s], biological product[s], device[s], medical food, or infant formula” that are being stored, transported, shipped, or received, and have not yet been made available for retail purchase by a customer. Under the language...

S. 1199: Protecting the Privacy of Social Security Numbers Act  This bill would prohibit the improper “display, sale, or purchase” of Social Security numbers and prohibit the improper “display, sale, or purchase” of public records that contain Social Security numbers. Two other new offenses would 1) bar the knowing and willful display, sale, or purchase of a Social Security number without proper consent and 2) prohibit obtaining a Social Security number of an individual with the intent to injure or harm that person, or to use that person’s identity for ille...

S. 1236: Border Tunnel Prevention Act of 2011  This bill would add more criminal provisions to the federal criminal statute on border tunnels and crossings. Additional offenses for attempt and conspiracy relating to the border tunnel crimes would be added. The penalties for these would also be the same as the completed offenses.

S. 1247: America Recruits Act of 2011  This bill focuses on job creation, but would impose a quasi-criminal penalty of debarment on any company that does not participate in a Bureau of Economic Analysis survey defined by the bill. The purpose of the survey would be to obtain information on U.S. companies that own or operate overseas manufacturing and information technology facilities. If a company does not participate it “shall not be eligible to enter into any contract or to renew any contract with the United States, receive any gra...

S. 1301: Trafficking Victims Protection Reauthorization Act of 2011  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. 1324: Captive Primate Safety Act  This bill would amend the definition of “Captive Wildlife Offense” in 16 U.S.C. § 3372 to exempt from criminal penalty specified acts of transporting nonhuman primates. It would also amend the Lacey Act so that “importation, exportation, transportation, sale, receipt, acquisition, or purchase” of a prohibited species would be punishable by imprisonment for up to 5 years and a fine as authorized by Title 18, U.S. Code. Currently, such activities are not criminal.

S. 1336: Immigration Fraud Prevention Act of 2011  This bill is designed to prevent fraud directed at immigrants. The first provision would make it a criminal offense to “knowingly and falsely represent[]” oneself as an attorney or other authorized representative in court on an immigration-law proceeding. The offense is punishable by imprisonment for up to 5 years and a fine as authorized by Title 18, U.S. Code. The second provision prohibits one from “knowingly execut[ing] a scheme or artifice” in immigration proceedings in order to defraud ...

S. 1361: Endocrine-Disrupting Chemicals Exposure Elimination Act of 2011  [This is a companion bill to H.R. 2521.] This bill would create a research program to identify and ban any endocrine-disrupting chemicals that are of “the highest level of concern,” as determined by the program researchers and the Director of the National Institute of Environmental Health Services. Two years after a determination is made as to the level of concern associated with the chemical, it will be illegal to use the chemical in interstate commerce or affecting interstate commerce, ”unle...

S. 1363: American Jobs Matter Act of 2011  This bill would permit contractors, in contracts for both civilian agencies and defense agencies, to submit a “jobs impact statement” with an estimate of the number of U.S. jobs that would be created or lost because of the contract, as well as a guarantee that the jobs will not be moved out of the country. Federal agencies are permitted to consider this statement as part of their decision when choosing a contractor. If a jobs impact statement is submitted, the contracting government agency wil...

S. 1402: Marine Mammal Protection Amendment Act of 2011  This bill raises the maximum criminal monetary penalty to $50,000 from $20,000 for a knowing violation of the Marine Mammal Protection Act of 1972.

S. 1529: Foodborne Illness Reduction Act of 2011  This bill would expand the current food safety statutes to address several issues including performance standards, pathogen reduction, traceback, and notification, along with expanding education and research. It would also add several criminal offenses for “Knowing Introduction Into Commerce of Unsafe Food” into 21 U.S.C. §§ 461, 676, and 1041 for poultry, meat, and eggs, respectively. One set of offenses requires that one “knowingly produces or introduces into commerce [poultry, meat, or egg...

S. 1534: Identify Theft and Tax Fraud Prevention Act  This bill would create a new offense in the Internal Revenue Code as well as increase one of its criminal penalties. The bill creates an offense for knowingly or willingly misappropriating the tax identification number of another for use on any related tax documents submitted to the Secretary of Treasury, which it makes punishable by imprisonment for up to 5 years, a maximum fine of $25,000 for an individual and $200,000 for a corporation, and the cost of prosecution. This bill would also incr...

S. 1535: Personal Data Protection and Breach Accountability Act of 2011  This bill would create an offense for concealing a security breach of personal data. The bill outlines the requirements and safeguards for companies involved in commerce that includes the personal financial data of individuals. Upon a breach, a company must issue a timely notice of the breach that includes individual written notice, telephone notice, and public notice through both electronic and media means. The content of those notices are also described in this bill. There are some excepti...

S. 1608: Securing Aircraft Cockpits Against Lasers Act of 2011  This bill would create a new federal criminal offense for knowingly aiming a laser pointer at an aircraft or in the aircraft’s flight path. There are several enumerated exceptions and a provision to allow for the Attorney General to create more exceptions by regulation. A violation would be punishable by imprisonment for up to 5 years and a maximum fine under Title 18, U.S. Code.

S. 1700: Medical Device Regulatory Improvement Act  This bill would strike the current statute regarding conflicts of financial interest for members of the advisory committees to the Food and Drug Administration and replace it with an existing statute. The proposed amendment would simply apply title I of the Ethics in Government Act of 1978 and 18 U.S.C. § 208 to these committee members “[e]xcept as otherwise provided in this Act.” The criminal penalty that applies, 18 U.S.C. §216, states that a violation of “engag[ing] in the conduct constitut...

S. 1706: Smuggled Tobacco Prevention Act of 2011 (STOP Act)  This bill would create several criminal offenses in regards to tobacco through the Internal Revenue Code. Tobacco production machines may be “made available” only to people who are lawfully 1) engaged in sales or other business transactions for such machines; 2) manufacture tobacco; and 3) applying unique identification markings on tobacco. In addition, those persons must have all necessary permits, registrations, and licenses. The bill would also make it unlawful to “knowingly” manufacture o...

S. 1717: Prevention of Escapement of Genetically Altered Salmon in the United States Act  This bill would make it unlawful to “ship, transport, offer for sale, sell, or purchase” or “have custody, control, or possession of, with the intent to ship, transport, offer for sale, sell, or purchase” any genetically altered fish, specifically salmon. A violation is punishable under 16 U.S.C. § 1859, for which the penalties range from 6 months to 10 years imprisonment and $100,000 to $200,000 fines depending on the nature of the offense. There is no required criminal intent in this bill or...

S. 1728: Stolen Valor Act of 2011  This bill would create a criminal offense for an individual to falsely claim he or she is a veteran. The bill would prohibit “knowingly” misrepresenting one’s service if made “with intent to obtain anything of value.” There is an exception for a misrepresentation that an individual did not serve, and there is a defense if the thing of value is de minimis. The penalty provisions vary by the type of misrepresentation. If it involves service in a combat zone, special operations, or being awarde...

S. 1731: Combating Money Laundering, Terrorist Financing, and Counterfeiting Act of 2011  This extensive bill makes numerous amendments to the U.S. Code, primarily in Title 18, regarding money laundering and other financial crimes. The bill first defines specified unlawful activity as “any act or activity constituting an offense in violation of the laws of the United States punishable by imprisonment for a term exceeding 1 year.” The current statute is more specific in the types of crimes that considered “specified unlawful activity” for the purposes of the money laundering statute...

S. 1732: Privacy Act Modernization for the Information Age Act of 2011  This bill would make several changes to the U.S. Code with the intention of “modernizing” the privacy laws, primarily in regards to use by federal agencies and their officers and employees. This bill expands on the current criminal statute regarding the willful disclosure of prohibited private material by officers or employees of a federal agency by adding greater penalties if the disclosure is done “with the intent to sell, transfer, or use an agency record for commercial advantage, personal g...

S. 1742: Maple Agriculture Protection and Law Enforcement Act of 2011 (MAPLE Act)  This bill would create the criminal offense of “[f]raudulently representing a product as maple syrup.” The bill would define what constitutes “maple syrup” and would make it a crime for a person to “knowingly and willfully introduce or deliver for introduction into interstate commerce a product that is labeled as maple syrup and that is not maple syrup.” There is an exception if the label also includes a “clear identification” of what the product really is. A violation is punishable by up to ...

S. 1759: America's Cup Act of 2011  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, a...

S. 1794: Federal Restricted Buildings and Grounds Improvement Act of 2011  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 “impede...

S. 1813: Moving Ahead for Progress in the 21st Century Act (MAP-21)  This bill is part of a larger highway bill, but the criminal provision would alter the penalty on repeat offenders for driving while intoxicated. First, the bill amends the current statute, which requires “a driver’s license suspension for not less than 1 year” for repeat offenders, and clarifies and expands the ban to “all driving privileges for not less than 1 year”. Second, rather than offering an option less than 1 year driver’s license suspension under the “combination” penalty provision,...

S. 1816: [No Title]  This bill would alter the penalty on repeat offenders for driving while intoxicated. First, the bill amends the current statute, which requires “a driver’s license suspension for not less than 1 year” for repeat offenders, and clarifies and expands the ban to “all driving privileges for not less than 1 year”. Second, rather than offering an option less than 1 year driver’s license suspension under the “combination” penalty provision, a “suspension of unlimited driving privileges for 1 year” wo...

S. 1847: Protect Our Disabled Heroes Act of 2011  This bill would amend 38 U.S.C. § 5905 to reinstate criminal penalties for persons charging veterans unauthorized fees in connection with benefit proceedings before the Department of Veterans Affairs. Currently, § 5905 subjects a person to criminal sanctions if that individual “wrongfully withholds from any claimant or beneficiary any part of a benefit or claim allowed and due to the claimant or beneficiary.” S. 1847 would maintain this existing criminal provision and add another prohibiting act...

S. 1853: Postal Service Protection Act of 2011  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 deliverie...

S. 1879: Child Abuse Reporting Enforcement Act  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 l...

S. 1886: Counterfeit Drug Penalty Enhancement Act of 2011  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...

S. 1887: State Children’s Protection Act  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 pr...

S. 1919: Girls' Protection Act of 2011  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. 1928: Stalkers Act of 2011  This bill would widen the scope of the federal stalking statute. The bill would add “intimidate” in two locations and would also include conduct on “any interactive computer service or electronic communication service [or] system of interstate commerce” to be reached by this statute. Under this proposal, the attempt of any of these aforementioned offenses would constitute its own offense, and could result in the same penalty as the completed act. A violation in punishable under 18 U.S.C. Sect...

S. 1946: Foreign Manufacturers Legal Accountability Act of 2011  This bill attempts to tie foreign manufacturers to a domestic agent that can be haled into court. The criminal law provision of this bill regards declarations of a person importing a covered product from outside the United States. That person would be required to make an “appropriate inquiry” into the importer’s compliance with this bill by seeking documentation from the exporter and checking the registry established in this bill. Additionally, the importer must also declare that “to the best...

S. 1947: Animal Fighting Spectator Prohibition Act of 2011  This bill would expand the definition of the prohibited conduct (actus reus) under the current animal fighting statute, 7 U.S.C. Section 2156. The bill would make it unlawful for a person to “knowingly attend” or “cause a minor to attend” an animal fight. Attending a fight would be punishable by up to 1 year of imprisonment and a fine as authorized by Title 18, U.S. Code. Causing a minor to attend an animal fight would be punishable by up to 3 years of imprisonment and a fine as authorized by...

S. 1950: Commercial Motor Vehicle Safety Enhancement Act of 2011  This bill would make a number of significant changes to the criminal provisions in Title 49. Several criminal fines are increased. The bill would create a national clearinghouse for controlled substances and alcohol test results for operators of commercial vehicles, as established by the Secretary of Transportation. A violation of any of the provisions of the clearinghouse section of this bill by any employer, employee, medical review officer, or service agent would be punishable under 49 U.S...

S. 1955: [No Title]  This bill would decriminalize the regulations regarding “raw milk.” Currently, federal law prohibits the trade of milk that is unpasteurized. This bill would end any prohibition, interference with, regulation, or other restriction on milk or milk products that are “unpasteurized and packaged for direct human consumption, if such restriction is based on the determination that, solely because such milk or milk product is unpasteurized, such milk or milk product is adulterated, misbranded, or ot...

S. 1974: Ultralight Aircraft Smuggling Prevention Act of 2011  This bill would add ultralight aircraft to the definition of “aircraft” for the purposes of the Tariff Act of 1930 as a way to increase the penalties for those using these aircraft to smuggle goods. In addition to this definitional change, which would incorporate more acts into the offense, this bill would add attempt and conspiracy to commit the offense as new offenses, and equally punishable to the completed offense. The mens rea required is merely “intentional.” A violation is punishable b...

S. 1980: The Pirate Fishing Elimination Act  This bill aims to stop illegal, unreported, and unregulated fishing by denying port entry and services to vessels that engage in this activity. This bill contains no intent language as to the prohibited acts in regards to criminal and civil forfeiture. The prohibited acts include violating regulations, resisting arrest or search of vessel, and submitting false information. A violation is punishable by criminal forfeiture of “any property, real or personal, constituting or traceable to the gro...

S. 2038: Stop Trading on Congressional Knowledge Act of 2012 (STOCK Act)  This bill constitutes a very large amendment to current laws regarding insider trading and information that is available to Members of Congress and congressional staffers. This includes ending any exceptions that they might possess and enforce the law under the Securities Exchange Act of 1934 and other statutes. The proposed bill includes a “general provision” that bans Member and employees from using any nonpublic information “derived from the individual’s position… or gained from performance...

S. 2062: Freedom from Over-Criminalization and Unjust Seizures Act of 2012 (FOCUS Act)  This bill would significantly and positively scale back the broad reach of the Lacey Act. The FOCUS Act would successfully eliminate the provisions of the Lacey Act that make violations of foreign law in regards to fish, wildlife, and plants. The bill would further eliminate all criminal provisions of the Lacey Act and replace them with civil penalties. The forfeiture provisions are also strengthened, and provisions regarding enforcement by armed agents have also been taken out of the statute...

S. 2103: District of Columbia Pain-Capable Unborn Child Protection Act  This bill would create a criminal offense for doctors performing abortions in the District of Columbia. The bill would require that the physician perform whatever tests necessary to determine the post-fertilization age of the unborn child. The purpose is to determine if the unborn child can feel pain. There are exceptions for when the abortion is necessary for the mother’s health. A violation would be punishable by up to two years imprisonment and a fine under Title 18, U.S. Code.

S. 2111: Cyber Crime Protection Security Act  This bill would increase penalties and expand the definition of many of the criminal penalties under the Computer Fraud and Abuse Act. The penalty increases would come in several sections of 18 U.S.C. 1030. Some of the increases are due to removing conditions on penalties based on a predicate conviction. There would also be new penalties for “Aggravated Damage To A Critical Infrastructure Computer.”

S. 2127: State Witness Protection Act of 2012  This bill would create a federal offense to protect witnesses in state and local judicial proceedings. In addition to restrictions regarding physical harm, attempted physical harm, and threats of violence, there are additional non-violent restrictions as well. It would be unlawful to “harass, intimidate or attempt to intimidate, or offer anything of value to, another individual, with the intent to” tamper with or influence the proceedings in several material ways, including delays, withholding...

S. 2139: Comprehensive Contingency Contracting Reform Act of 2012  Within this larger contracting bill is a provision that would create a new criminal offense aimed at “Combating Trafficking in Persons.” This bill specifically expands the type of contracts that are subject to federal penalty for acting “knowingly and with intent to defraud” in foreign labor contracting. The current statute is limited to “materially false or fraudulent pretenses, representations, or promises regarding” the recruitment, solicitation, and hiring of persons outside the United Sta...

H. Resolution 100: [No Title]  This joint resolution is a proposal for a constitutional amendment that would ban the use of any funding besides public funds for federal election campaigns. There could be no outside spending by candidates or by any entities favoring or opposing any candidates. The amendment states that the penalty for a violation should be a criminal penalty that Congress should legislate.

S. Amendment 8:  This amendment is proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act. The amendment would add a criminal penalty to the bill for any individual who “knowingly aims the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United Stated, or at the flight path of such an aircraft.” The sanction for such behavior would be up to five years imprisonment, fines under Title 18 of the U.S. Code, or both. The language of the amendment ...

S. Amendment 29:  This amendment is proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act. The amendment would add a criminal penalty to the bill for the unauthorized recording and distribution of security screening images produced using “advanced imaging technology during the screening of an individual at an airport, or upon entry into any building owned or operated by the Federal Government.” Two narrow exceptions to this prohibition are provided for instances involving the ...

S. Amendment 58:  This amendment is proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act, and is similar in substance to S. Amendment 29, which was also introduced by Senator Nelson. S. Amendment 58 would add a criminal penalty to the bill for the unauthorized recording and distribution of any images produced using “advanced imaging technology during the screening of an individual at an airport, or upon entry into any building owned or operated by the Federal Government.” A n...

S. Amendment 67:  This amendment is proposed for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act, and is similar in substance to S. 318, which was also introduced by Senator Lautenberg. The amendment would increase existing criminal penalties for circumventing Transportation Security Administration security screening at airports. Currently, under 49 U.S.C. § 46314, individuals who “knowingly and willfully” circumvent security screening are subject to criminal penalties of up to one y...

S. Amendment 85:  This amendment is proposed as a modification to Senate Amendment 58 for S. 223, the FAA Air Transportation Modernization and Safety Improvement Act. S. Amendment 58 would add a criminal penalty to the bill for the unauthorized recording and distribution of any images produced using “advanced imaging technology during the screening of an individual at an airport, or upon entry into any building owned or operated by the Federal Government.” S. Amendment 85 would maintain that proposed penalty, b...

S. Amendment 191:  This amendment is proposed for S. 493 (SBIR/STTR Reauthorization Act of 2011) and is nearly identical in substance to S. 370, which was also introduced by Senator Casey. The amendment would modify Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) to require that an offeror who is awarded a government contract with a Federal agency notify all small business concerns of their inclusion as potential subcontractors in the offer at issue. S. Amendment 191 would require any offeror that “inte...

S. Amendment 253:  This amendment is proposed for S. 493 (SBIR/STTR Reauthorization Act of 2011), and is nearly identical in substance to S. 633, which was also introduced by Senator Snowe. This amendment would modify several sections of the Small Business Act to broaden the applicability of the penalties and remedies available to the Small Business Administration (SBA) in its punishment of specified misrepresentations and deceptions. Specifically, S. Amendment 253 prohibits individuals from “misrepresent[ing] t...

S. Amendment 941:  This amendment to H.R. 2354: Fiscal 2012 Energy-Water Appropriations would amend the Tariff Act of 1930 to add in the attempt and conspiracy of any act deemed unlawful in the aviation smuggling section.