Friday, January 7, 2011

Overcriminalized.com Legislative Update

From Overcriminalized.com:

Table of Contents




New:



H.R. 6550: National Emergency Employment Defense Act of 2010

Updates:



S. 3302: Motor Vehicle Safety Act of 2010

S. 2870: International Fisheries Stewardship and Enforcement Act

S. 30: Truth in Caller ID Act of 2009



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H.R. 6550: National Emergency Employment Defense Act of 2010



Sponsor: Kucinich (D - OH)



Official Title: To create a full employment economy as a matter of national economic defense; to provide for public investment in capital infrastructure; to provide for reducing the cost of public investment; to retire public debt; to stabilize the Social Security retirement system; to restore the authority of Congress to create and regulate money, modernize and provide stability for the monetary system of the United States, retire public debt and reduce the cost of public investment, and for other public purposes.



Status:

12/17/2010: Introduced in House

12/17/2010: Referred to House Financial Services Committee



Commentary: This bill seeks to reconstitute the Federal Reserve System as an executive-branch agency within the Department of the Treasury known as the United States Monetary Authority for the purpose of eliminating the country's existing hybrid fractional-reserve banking system and replacing it with a consolidated central bank under purely public control. In addition to mandating a drastic restructuring of the U.S. monetary-control framework, H.R. 6550 also seeks to broadly criminalize all future fractional-reserve banking. Under the language of the bill, any "person who creates or originates money by lending against deposits, through so-called fractional reserve banking" would be subject to criminal sanctions of up to five years imprisonment, fines as authorized by Title 18 of the U.S. Code, or both. No clear criminal-intent standard or definition of "person who creates or originates money" is included in the Act.





S. 3302: Motor Vehicle Safety Act of 2010



Sponsor: Rockefeller (D - WV)



Official Title: A bill to amend Title 49, United States Code, to establish new automobile safety standards, make better motor vehicle safety information available to the National Highway Traffic Safety Administration and the public, and for other purposes.



Status:

5/4/2010: Introduced in Senate

5/4/2010: Referred to Senate Commerce, Science and Transportation Committee

5/19/2010: Hearing Held by Senate Commerce, Science and Transportation Committee

6/9/2010: Mark up in the Senate Commerce, Science and Transportation Committee

6/9/2010: Ordered to be reported Senate Commerce, Science and Transportation Committee

11/29/2010: Reported to Senate by Senate Science and Transportation Committee

11/29/2010: Placed on Senate calendar

12/21/2010: Reported to Senate by Senate Commerce, Science and Transportation Committee

12/21/2010: Placed on Senate calendar



Commentary: This bill is a response to allegations regarding sudden acceleration by Toyota automobiles and related allegations regarding Toyota's response to those claims. It includes provisions calling for the Secretary of Transportation to promulgate new safety standards. Sections 30118, 30119, and 30116 of Title 49, U.S. Code, already include provisions that require automobile manufacturers to notify the Secretary of Transportation, as well as vehicle owners, purchasers, and dealers, of any safety defects, to specify the form of notices and the procedures for supplying them, and to call for the maintenance of certain records. The bill would increase the penalty for violating the general federal false statements statute (18 U.S.C. § 1001) by providing an additional penalty for submitting a false report required by 49 U.S.C. §§ 30118, 30119, and 30166 "with the specific intent of misleading the Secretary with respect to motor vehicle or motor vehicle equipment safety related defects." The new penalty would provide for up to 12 months of imprisonment in addition to the current penalty of imprisonment for up to five years, a fine as authorized in Title 18, U.S. Code, or both.





S. 2870: International Fisheries Stewardship and Enforcement Act



Sponsor: Inouye (D - HI)



Official Title: A bill to establish uniform administrative and enforcement procedures and penalties for the enforcement of the High Seas Driftnet Fishing Moratorium Protection Act and similar statutes, and for other purposes.



Status:

12/10/2009: Introduced in Senate

12/10/2009: Referred to Senate Commerce, Science and Transportation Committee

3/24/2010: Mark up in the Senate Commerce, Science and Transportation Committee

3/24/2010: Reported to Senate

12/17/2010: Placed on Senate calendar

12/22/2010: Written report reported by Senate Commerce, Science and Transportation Committee



Commentary: This bill is similar to H.R. 1080, the Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2009, which has been passed by the House of Representatives, received in the Senate, and referred to committee. The Act's new criminal provisions apply to violations of a number of existing statutes that protect forms of marine life. The Act creates new criminal offenses and establishes penalties for both the new and existing offenses, including large maximum fines. In particular, it would be a criminal offense to (a) import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any fish or fish product taken in violation of a treaty or agreement to which the United States is a party; or (b) make or submit a false record, account, label for, or identification of any fish that passes in interstate or foreign commerce. Certain violations of the Act can subject a person to up to five years in prison, a fine of $500,000, or both. Where a dangerous weapon is involved or bodily injury to any protected federal officer results, the maximum term of imprisonment is 10 years. Corporations that violate certain provisions can be fined up to $1 million.





S. 30: Truth in Caller ID Act of 2009



Sponsor: Nelson (D - FL)



Official Title: A bill to amend the Communications Act of 1934 to prohibit manipulation of caller identification information.



Status:

1/7/2009: Introduced

1/7/2009: Referred to Senate Commerce Committee

1/7/2009: Referred to Senate Science and Transportation Committee

8/5/2009: Mark up in the Senate Commerce, Science and Transportation Committee

11/2/2009: Reported to Senate Senate Commerce, Science and Transportation Committee

2/23/2010: Senate Passage

2/24/2010: Received in House

2/24/2010: Referred to House Energy and Commerce Committee

12/15/2010: House passage by voice vote under suspension of the rules

12/17/2010: Sent to President

12/22/2010: Signed by the President



Commentary: This bill would prohibit an individual from "knowingly" transmitting misleading or inaccurate caller identification information "with the intent to defraud, cause harm, or wrongfully obtain anything of value." Violations would be punishable by civil penalties (including forfeiture), criminal fines of up to $10,000 per violation, and imprisonment of up to one year. S. 30 appears to require knowledge of the transmission itself by the offending party, but does not specify the required criminal intent necessary to satisfy the "intent to defraud" standard.

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