From Overcriminalized.com:
Table of Contents
New Criminal Law Proposals:
■H.R. 3399: Medicare and Medicaid Fighting Fraud and Abuse to Save Taxpayers' Dollars Act (Medicare and Medicaid FAST Act)
■H.R. 3395: Concrete Masonry Products Research, Education, and Promotion Act of 2011
■H.R. 3359: Traveling Exotic Animal Protection Act
■S. 1847: Protect Our Disabled Heroes Act of 2011
■S. 1816: [No Title]
■S. 1813: Moving Ahead for Progress in the 21st Century Act (MAP-21)
■S. Amendment 941
Updates:
■H.R. 3321: America's Cup Act of 2011
■H.R. 2838: Coast Guard and Maritime Transportation Act of 2011
■H.R. 1588: Consumer Rental Purchase Agreement Act
■H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
Miscellaneous:
■H.R. 3289: Whistleblower Protection Enhancement Act of 2011
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H.R. 3399: Medicare and Medicaid Fighting Fraud and Abuse to Save Taxpayers' Dollars Act (Medicare and Medicaid FAST Act)
Sponsor: Roskam (R - IL)
Official Title: A bill to amend titles XVIII and XIX of the Social Security Act to curb waste, fraud, and abuse in the Medicare and Medicaid programs.
Status:
11/10/2011: Introduced in House
11/10/2011: Referred to House Energy and Commerce Committee
11/10/2011: Referred to House Ways and Means Committee
11/10/2011: Referred to House Judiciary Committee
Commentary: 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 imprisonment and a fine of $500,000 for an individual and $1,000,000 for a corporation.
H.R. 3395: Concrete Masonry Products Research, Education, and Promotion Act of 2011
Sponsor: Shimkus (R - IL)
Official Title: A bill to enable concrete masonry products manufacturers and importers to establish, finance, and carry out a coordinated program of research, education, and promotion to improve, maintain, and develop markets for concrete masonry products.
Status:
11/4/2011: Introduced in House
11/4/2011: Referred to House Energy and Commerce Committee
11/4/2011: Referred to House Ways and Means Committee
Commentary: 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 confidentiality provision is punishable by up to 1 year imprisonment and a $5,000 fine. This is a moderate intent protection, as the word “willfully” is located separate from the actus reus of the offense.
H.R. 3359: Traveling Exotic Animal Protection Act
Sponsor: Moran (D - VA)
Official Title: A bill to amend the Animal Welfare Act to restrict the use of exotic and non-domesticated animals in traveling circuses and exhibitions.
Status:
11/3/2011: Introduced in House
11/3/2011: Referred to House Agriculture Committee
Commentary: 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 penalty provision is located in another current statute, 7 U.S.C. § 2149, which punishes “knowing[]” violations, making this a weak protection. A violation is punishable by up to 1 year imprisonment and a $2,500 fine.
S. 1847: Protect Our Disabled Heroes Act of 2011
Sponsor: Rubio (D - FL)
Official Title: A bill to amend title 38, United States Code, to reinstate criminal penalties for persons charging veterans unauthorized fees, and for other purposes.
Status:
11/10/2011: Introduced in Senate
11/10/2011: Referred to Senate Veterans Affairs Committee
Commentary: 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 actual or attempted solicitation, contracting for, charging for, or receiving “any fee or compensation in connection [with] … the provision of advice on how to file a claim for benefits under the laws administered by the Secretary [of Veterans Affairs].” The actual or attempted “preparation, presentation, or prosecution of such a claim before the date on which a notice of disagreement is filed” would also be prohibited. It would also be prohibited to commit another offense other this chapter, as well as “aid[], abet[], counsel [], command[], or procure[]” such an act; or causes another prohibited act under this chapter to be done. Violations of these provisions would be punishable by up to 1 year imprisonment, fines under Title 18, U.S. Code, or both. This bill is related to H.R. 1826.
S. 1816: [No Title]
Sponsor: Lautenberg (D - NJ)
Official Title: A bill to amend title 23, United States Code, to modify a provision relating to minimum penalties for repeat offenders for driving while intoxicated or driving under the influence.
Status:
11/7/2011: Introduced in Senate
11/7/2011: Referred to Senate Environment and Public Works Committee
Commentary: 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” would become the first option, as opposed to only 45 days, as the current statute states.
S. 1813: Moving Ahead for Progress in the 21st Century Act (MAP-21)
Sponsor: Boxer (D - CA)
Official Title: A bill to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes.
Status:
11/7/2011: Introduced in Senate
11/7/2011: Referred to Senate Environment and Public Works Committee
11/9/2011: Mark up in the Senate Environment and Public Works Committee
11/9/2011: Ordered to be reported with amendments favorably
Commentary: 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, a “suspension of unlimited driving privileges for 1 year” would become the first option, as opposed to only 45 days, as the current statute states.
S. Amendment 941
Sponsor: Udall (D - CO)
Status:
11/10/2011: Introduced in Senate
Commentary: 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.
H.R. 3321: America's Cup Act of 2011
Sponsor: Herger (R - CA)
Official Title: A bill to facilitate the hosting in the United States of the 34th America's Cup by authorizing certain eligible vessels to participate in activities related to the competition.
Status:
11/2/2011: Introduced in House
11/2/2011: Referred to House Transportation and Infrastructure Committee
11/4/2011: House passage by roll call vote under suspension of the rules
11/7/2011: Received in Senate
11/7/2011: Placed on Senate calendar
Commentary: This bill would authorize marine vessels to take part as competitors or as support ships in the 34th America’s Cup boat race. The bill proposes that an Eligibility Certification must be obtained by any participating vessel. If the certification is not obtained, or if the vessel does not comply with the federal statute on coastwise endorsement, a violation would be punishable by up to one year imprisonment and a fine under Title 18, U.S. Code. This bill is related to H.R. 3270, H.R. 3311 and S. 1759.
H.R. 2838: Coast Guard and Maritime Transportation Act of 2011
Sponsor: LoBiondo (R - NJ)
Official Title: A bill to authorize appropriations for the Coast Guard for fiscal years 2012 through 2015, and for other purposes.
Status:
9/2/2011: Introduced House
9/2/2011: Referred to House Transportation and Infrastructure Committee
9/6/2011: Referred to House Subcommittee on Coast Guard and Maritime Transportation
9/8/2011: Discharged House Subcommittee on Coast Guard and Maritime Transportation
9/8/2011: Mark up in the House Transportation and Infrastructure Committee
9/8/2011: Reported to House by House Transportation and Infrastructure Committee
10/3/2011: Reported as amended by House Transportation and Infrastructure Committee
10/3/2011: Placed on House calendar
11/4/2011: House debate
11/4/2011: Left as unfinished business by House
11/16/2011: House Passage
11/16/2011: Received in Senate
Commentary: This bill would create a new federal criminal offense for knowingly and willfully interfering with the maritime safety transmissions of the U.S. Coast Guard. This provision was part of a larger appropriations bill for the Coast Guard. A violation is considered a class E felony.
H.R. 1588: Consumer Rental Purchase Agreement Act
Sponsor: Canseco (R - TX)
Official Title: A bill to amend the Consumer Credit Protection Act to assure meaningful disclosures of the terms of rental-purchase agreements, including disclosures of all costs to consumers under such agreements, to provide certain substantive rights to consumers under such agreements, and for other purposes.
Status:
4/15/2011: Introduced in House
4/15/2011: Referred to House Financial Services Committee
5/2/2011: Referred to House Subcommittee on Financial Institutions and Consumer Credit
7/26/2011: Hearing Held by House Subcommittee on Financial Institutions and Consumer Credit
11/17/2011: Mark up in the House Subcommittee on Financial Institutions and Consumer Credit
11/17/2011: Forwarded to full committee by voice vote
Commentary: This bill is substantially similar to S. 738 from the 111th Congress, which was introduced by Senator Landrieu (D-LA). Like S. 738, H.R. 1588 would amend the Consumer Credit Protection Act (CCPA) (15 U.S.C. § 1601 et seq.) to require merchants offering goods under rental-purchase agreements to make detailed disclosures to consumers. The bill also creates a new criminal offense punishing any party that “willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of [the CCPA] or any regulation issued thereunder.” Violations of this provision would be punishable by criminal sanctions of up to one year imprisonment, fines of up to $5,000, or both.
H.R. 347: Federal Restricted Buildings and Grounds Improvement Act of 2011
Sponsor: Rooney (R - FL)
Official Title: A bill to correct and simplify the drafting of section 1752 (relating to restricted buildings or grounds) of Title 18, United States Code.
Status:
1/19/2011: Introduced in House
1/19/2011: Referred to House Judiciary Committee
1/21/2011: Referred to House Subcommittee on Crime, Terrorism, and Homeland Security
1/26/2011: Mark up in the House Judiciary Committee
1/26/2011: Ordered to be reported by voice vote House Judiciary Committee
1/26/2011: Discharged House Subcommittee on Crime, Terrorism, and Homeland Security
2/11/2011: Reported to House by House Judiciary Committee
2/11/2011: Placed on House calendar
2/28/2011: House passage by roll call vote under suspension of the rules
3/1/2011: Received in Senate
3/1/2011: Referred to Senate Judiciary Committee
11/17/2011: Mark up in the House Judiciary Committee
11/17/2011: Ordered to be reported with amendments favorably Senate
Commentary: This bill would amend existing section 1752 of Title 18 of the U.S. Code to reduce the protectiveness of the criminal-intent (mens rea) requirements in offenses involving conduct in “restricted” government buildings, grounds, or areas. Among other things, section 1752 currently prohibits any person or group of persons from: (1) “willfully” and “knowingly” entering or remaining in unauthorized Government buildings, grounds, or areas; (2) engaging in “disorderly or disruptive conduct” that “impedes or disrupts the orderly conduct of Government business” or is intended to do so; (3) obstructing or impeding ingress or egress to or from Government buildings, grounds, or areas; or (4) engaging in “any act of physical violence against any person or property” in Government buildings, grounds, or areas. Violations of current law carry criminal sanctions of up to one year imprisonment, fines under Title 18 of the U.S. Code, or both. Violations that involve the use of a firearm or that result in significant bodily injury may be punished by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 347 would restructure the language of Section 1752 defining the criminal offenses and reduce the level of criminal intent the Government must prove to establish a violation from a “willfully and knowingly” standard to a less-protective “knowingly” standard. The bill would not alter the existing criminal penalties.
H.R. 3289: Whistleblower Protection Enhancement Act of 2011
Sponsor: Issa (R - CA)
Official Title: A bill to amend title 5, United States Code, to provide clarification relating to disclosures of information protected from prohibited personnel practices; to require a statement in nondisclosure policies, forms, and agreements that such policies, forms, and agreements are in conformance with certain protections; to provide certain additional authorities to the Office of Special Counsel; and for other purposes.
Status:
11/1/2011: Introduced in House
11/1/2011: Referred to House Oversight and Government Reform Committee
11/1/2011: Referred to House Intelligence (Permanent Select) Committee
11/1/2011: Referred to House Homeland Security Committee
11/3/2011: Mark up in the House Oversight and Government Reform Committee
11/3/2011: Ordered to be reported House Oversight and Government Reform Committee
Commentary: 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 intelligence community. The bill would also make it easier for the MSPB to issue final orders imposing disciplinary action against individuals who commit a prohibited personnel practice. Currently, the MSPB may punish violators by issuing orders permitting “removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 years, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000.” H.R. 3289 would maintain that same penalty framework, but permit the MSPB to take disciplinary action against individuals who undertake a prohibited personnel practice where activities “protected under [5 U.S.C.] section 2302(b)(8), or 2302(b)(9) (A)(i), (B), (C), or (D) [are] a significant motivating factor, even if other factors also motivated the decision … to take, fail to take, or threaten to take or fail to take a personnel action.” This bill is related to S. 743, but there are several differences, although none affect criminal or quasi-criminal liability. S. 743 includes additional provisions regarding MSPB review, a sunset clause, and, in regards to relief, a lower standard for agencies to show they would have taken the personnel action had no disclosure been made (“preponderance of evidence” versus “clear and convincing evidence”).
