From Overcriminalized.com:
Table of Contents
New:
■S. 3538: National Cyber Infrastructure Protection Act of 2010
■S. 3546: Cheaper Car Insurance Act of 2010
■S. 3547: Price Gouging Act of 2010
■H.R. 5622: Stop Outsourcing and Create American Jobs Act of 2010
■H.R. 5626: Blowout Prevention Act of 2010
■H.R. 5643: Compound 1080 and Sodium Cyanide Elimination Act
■H.R. 5648:
■H.R. 5663: Miner Safety and Health Act of 2010
Updates:
■S. 3466: Environmental Crimes Enforcement Act of 2010
--------------------------------------------------------------------------------
S. 3538: National Cyber Infrastructure Protection Act of 2010
Sponsor: Bond (R - MO)
Official Title: A bill to improve the cyber security of the United States, and for other reasons.
Status:
6/24/2010: Introduced in Senate
6/24/2010: Referred to Senate Homeland Security and Governmental Affairs Committee
Commentary: This bill would provide for the establishment of a National Cyber Center in the Department of Defense and would make it unlawful for an officer or employee of the United States or any federal agency to disclose "any cyber threat information protected from disclosure" that comes to that officer or employee in the course of his or her employment or official duties or through an investigation or report made to or filed with that official. Any person who makes such an unlawful disclosure would be subject to imprisonment for up to one year, a fine as provided in Title 18, U.S. Code, or both.
S. 3546: Cheaper Car Insurance Act of 2010
Sponsor: Schumer (D - NY)
Official Title: To create a penalty for automobile insurance fraud, and for other purposes.
Status:
6/29/2010: Introduced in Senate
6/29/2010: Referred to Senate Judiciary Committee
Commentary: This bill would prohibit the knowing commission of auto insurance fraud, as well as acting as a runner, capper, or steerer in connection with, as an organizer of, or as a mastermind or leader of an auto insurance fraud operation. The bill defines the terms auto insurance fraud, mastermind or leader, organizer, and runner, capper, or steerer. It would also provide for increased punishment depending on the degree of responsibility, with the maximum term of imprisonment ranging from 5 years for knowingly committing auto insurance fraud or for knowingly acting as a runner, capper, or steerer to 15 years for knowingly acting as the mastermind of an auto insurance fraud operation. For each level of responsibility, the maximum fine would be $100,000, unless the violation results in costs that exceed $100,000. In that event, the maximum fine "may be in an amount greater . . . in order to cover the resulting cost."
S. 3547: Price Gouging Act of 2010
Sponsor: Nelson (D - FL)
Official Title: A bill to prohibit price gouging relating to gasoline and diesel fuels in areas affected by major disasters, and for other purposes.
Status:
6/29/2010: Introduced in Senate
6/29/2010: Referred to Senate Commerce, Science and Transportation Committee
Commentary: This bill would make it unlawful for any person that sells gasoline or diesel fuel for resale or ultimate use to sell or offer to sell gasoline or diesel fuel at an "unconscionably excessive price" within 180 days after the President has declared a major disaster with respect to a particular area of the country. Using equally vague language, the bill defines an "unconscionably excessive price" to mean a price that represents a "gross disparity" between the price charged and the average price prevailing in the 30-day period before the disaster is declared and cannot be attributed to an increase in cost. A supplier that "knowingly" violates the act is subject to imprisonment for up to one year. A supplier that violates the act will also be subject to civil penalties, actions by state attorneys general, and actions by victims for penalties including disgorgement.
H.R. 5622: Stop Outsourcing and Create American Jobs Act of 2010
Sponsor: McNerney (D - CA)
Official Title: A bill to amend the Internal Revenue Code of 1986 to provide for the identification of corporate tax haven countries and increased penalties for tax evasion practices in haven countries that ship United States jobs overseas, and for other purposes.
Status:
6/29/2010: Introduced in House
6/29/2010: Referred to House Oversight and Government Reform Committee
6/29/2010: Referred to House Ways and Means Committee
Commentary: Section 7201 of Title 26, U.S. Code, makes it unlawful to "willfully" attempt to evade or defeat federal taxes, and 26 U.S.C. § 7206 makes the willful performance of a number of acts related to fraud or false statements in connection with tax returns unlawful. This bill calls on the Secretary of the Treasury to identify "corporate tax haven" countries and increases the penalties for underreporting and for tax crimes involving "tax haven countries." This bill would increase the maximum fine that may be imposed on a corporation on conviction of violating either § 7201 or § 7206 to $1,000,000 from $500,000.
H.R. 5626: Blowout Prevention Act of 2010
Sponsor: Waxman (D - CA)
Official Title: A bill to protect public health and safety and the environment by requiring the use of safe well control technologies and practices for the drilling of high-risk oil and gas wells in the United States, and for other purposes.
Status:
6/29/2010: Introduced in House
6/29/2010: Referred to House Energy and Commerce Committee
Commentary: This bill would, beginning one year after its enactment, require applicants for permits to drill for a "high-risk well" to attest to the capacity of their blowout prevention and remediation ability and call for the promulgation of regulations specifying the minimum standards for blowout preventers, third-party certifications, and documentation. Any person who "knowingly and willfully" violates any provision of the act or any regulation that implements it, makes a false statement in a document that is filed or required to be filed, or falsifies or tampers with a required monitoring device will be subject to imprisonment for up to 10 years, a fine of up to $10 million, or both. Under the bill, an officer or agent of a corporation that is subject to prosecution who "knowingly and willfully, or with willful disregard" orders or carries out the prohibited activity is subject to prosecution to the same extent as the corporation. This provision will not necessarily be interpreted by the courts to require the officer or agent to have actual knowledge that what he or she authorized, ordered, or carried out was unlawful.
H.R. 5643: Compound 1080 and Sodium Cyanide Elimination Act
Sponsor: DeFazio (D - OR)
Official Title: A bill to amend the Toxic Substances Control Act to prohibit the use, production, sale, importation or exportation of the poison sodium fluoroacetate (known as "Compound 1080") and to prohibit the use of sodium cyanide for predator control.
Status:
6/30/2010: Introduced in House
6/30/2020: Referred to House Energy and Commerce Committee
Commentary: This bill would add sodium fluoroacetate, otherwise known as "Compound 1080," to polychlorinated biphenyls and mercury as substances banned by Section 6 of the Toxic Substances Control Act, 15 U.S.C. § 2605. In addition, the bill would prohibit the use of sodium cyanide in a predator control device, a defined term in the bill. Any person who uses, produces, sells imports or exports sodium fluoroacetate and any person who uses sodium cyanide in a predator control device will be subject to imprisonment for up to 2 years, a fine as authorized by Title 18, U.S. Code, or both.
H.R. 5648:
Sponsor: Bilirakis (R - FL)
Official Title: A bill to amend Title 38, United States Code, to reinstate criminal penalties for persons charging veterans unauthorized fees.
Status:
6/30/2010: Introduced in House
6/30/2010: Referred to House Judiciary Committee
Commentary: Until 2006, 38 U.S.C. § 5905 made it unlawful to (1) charge or receive a fee or compensation for representing a veteran that was in excess of statutory limits, and (2) wrongfully withhold from a veteran claimant or beneficiary any part of the benefit or claim allowed. In 2006, 38 U.S.C. § 5905 was amended and subsection (1) was struck. This bill would "reinstate" subsection (1) as part of 38 U.S.C. § 5905. Any person who violates § 5905 is subject to imprisonment for up to one year, a fine as provided by Title 18, U.S. Code, or both.
H.R. 5663: Miner Safety and Health Act of 2010
Sponsor: Miller (D - CA)
Official Title: A bill to improve compliance with mine and occupational safety and health laws, empower workers to raise safety concerns, prevent future mine and other workplace tragedies, establish rights of families of victims of workplace accidents, and for other purposes.
Status:
7/1/2010: Introduced in House
7/1/2010: Referred to House Education and Labor Committee
Commentary: Section 820(d) of Title 30, U.S. Code, currently 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. This bill would change the mental state required to prove a violation of a mandatory health and safety standard from "willfully" to "knowingly." Violators are currently subject to imprisonment for up to one year, a fine of up to $250,000, or both on the first conviction, and imprisonment for up to 5 years, a fine of $500,000, or both for subsequent violations. This bill would increase the penalty for first violations to imprisonment for up to 5 years, a fine of $1,000,000, or both, and the penalty for subsequent violations to imprisonment for up to 10 years, a fine of $2,000,000, or both. Under 30 U.S.C. § 820(c), a director, officer, or agent of a corporate violator who "knowingly authorized, ordered, or carried out" the conduct leading to the violation is subject to prosecution to the same extent as the corporation. This provision will not necessarily be interpreted by the courts to require the director, officer, or agent to have actual knowledge that what he or she authorized, ordered, or carried out was unlawful.
S. 3466: Environmental Crimes Enforcement Act of 2010
Sponsor: Leahy (D - VT)
Official Title: A bill to require restitution for victims of criminal violations of the Federal Water Pollution Control Act, and for other purposes.
Status:
6/9/2010: Introduced in Senate
6/9/2010: Referred to Senate Judiciary Committee
6/24/2010: Reported to Senate
6/24/2010: Placed on Senate calendar
Commentary: 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 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 discretionary authority to decide in any case that restitution is not warranted. Under 33 U.S.C 3319(c), any person who "negligently" or "knowingly" violates a number of provisions of the Clean Water Act can be prosecuted. In addition, any person who "knowingly" violates any of those provisions and "who knows at the time that he thereby places another person in imminent danger of death or serious bodily injury" is subject to increased punishment.
No comments:
Post a Comment