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Overcriminalization

"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.

HR 2346: Balancing Act of 2011

Official Title

A bill to improve the lives of working families by providing family and medical need assistance, child care assistance, in-school and after school assistance, family care assistance, and encouraging the establishment of family-friendly workplaces.

Analysis

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 rebate, refund, commission, preference, patronage, dividend, discount, or other consideration” to cause a person to claim the program’s benefits; and (4) “knowingly assists, abets, solicits, or conspires with any person to engage in an act that is prohibited” under the first three offenses. The penalty for all four offenses is imprisonment for up to five years and a fine under Title 18.

Legislation Details
SPONSOR

Woolsey (D - CA)

STATUS:

6/30/2011: Referred to House Subcommittee on Federal Workforce, U.S. Postal Service, and Labor Policy
6/23/2011: Referred to House Oversight and Government Reform
6/23/2011: Introduced in House
6/23/2011: Referred to House Education and the Workforce
9/8/2011: Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education