From Overcriminalized.com:
Table of Contents
New:
H.R. 6543: Drug Safety Enhancement Act of 2011
H.R. 6544:
H.R. 6552: The Single Food Safety Agency Act of 2010
Updates:
S. 3597: Securing Health for Ocean Resources and Environment Act (SHORE) Act
S. 2870: International Fisheries Stewardship and Enforcement Act
H.R. 2868: Chemical and Water Security Act of 2009
H.R. 2062: Migratory Bird Treaty Act Penalty and Enforcement Act of 2009
S. 30: Truth in Caller ID Act of 2009
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H.R. 6543: Drug Safety Enhancement Act of 2011
Sponsor: Dingell (D - MI)
Official Title: To amend the Federal Food, Drug, and Cosmetic Act to improve the safety of drugs, and for other purposes.
Status:
12/17/2010: Introduced in House
12/17/2010: Referred to House Energy and Commerce Committee
Commentary: This bill amends the federal Food, Drug, and Cosmetic (FDC) Act to provide the Food and Drug Administration (FDA) additional authority to monitor drug production both domestically and overseas. H.R. 6543 would give the FDA additional enforcement tools for this endeavor, including mandatory recall authority, increased civil and criminal penalties, and new authority to subpoena records related to possible violations. Title 21 U.S.C. § 333 currently punishes initial violations of the FDC Act with criminal sanctions of up to 1 year imprisonment, fines of up to $1,000, or both, and subsequent violations of the Act with criminal sanctions of up to 3 years imprisonment, fines of up to $10,000, or both. H.R. 6543 would amend Section 333 of Title 21 to increase criminal sanctions for certain violations under the FDC Act, particularly infringements of 21 U.S.C. §§ 331(a), (b), (c), (d), (f), (g), (i), (k), and (jj)(3). Violations of these sections would be punishable by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both. H.R. 6543 would also lift the cap on criminal fines for "prescription drug marketing violations" by amending Section 333 of Title 21 to allow for fines in accordance with Title 18 of the U.S. Code rather than fines of up to $250,000. Finally, the bill also amends Section 333 of Title 21 to allow for the criminal forfeiture of "any property, real or personal, constituting or traceable to the gross proceeds obtained, directly or indirectly, as a result of" any violation, or conspiracy to commit any violation, of the FDC Act with respect to drugs.
H.R. 6544:
Sponsor: Conyers (D - MI)
Official Title: A bill to amend Title 18, United States Code, to provide for the protection of the general public, and for other purposes.
Status:
12/17/2010: Introduced in House
12/17/2010: Referred to House Judiciary Committee
Commentary: This extremely broad 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 employees, or others who can "reasonably be identified" as at risk of harm would be subject to criminal sanctions of up to 5 years imprisonment, fines under Title 18 of the U.S. Code, or both. The bill would also criminalize retaliation against whistleblowers who warn a federal agency or any employee about a dangerous product or business practice, subjecting violators to criminal sanctions of up to 1 year imprisonment, fines under Title 18 of the U.S. Code, or both. The language of H.R. 6544 neither defines "dangerous" nor the mens rea term "knowingly" for the purposes of the statute, thus extending the reach of the bill to wide swaths of potentially legitimate and non-blameworthy conduct.
H.R. 6552: The Single Food Safety Agency Act of 2010
Sponsor: DeLauro (D - CT)
Official Title: To establish the Food Safety Administration to protect the public health by preventing food-borne illness, ensuring the safety of food, improving research on contaminants leading to food-borne illness, and improving security of food from intentional contamination, and for other purposes.
Status:
12/17/2010: Introduced in House
12/17/2010: Referred to House Energy and Commerce Committee
12/17/2010: Referred to House Agriculture Committee
Commentary: This bill would establish a new federal agency known as the Food Safety Administration for the announced purpose of "protect[ing] the public health by preventing food-borne illness, ensuring the safety of food, improving research on contaminants leading to food-borne illness, and improving security of food from intentional contamination." H.R. 6552 would also increase the criminal penalty provisions of the Food, Drug, and Cosmetic (FDC) Act for violations associated with "misbranded or adulterated" food products. Title 21 U.S.C. § 333 currently punishes initial violations of the FDC Act with criminal sanctions of up to 1 year imprisonment, fines of up to $1,000, or both, and subsequent violations of the Act with criminal sanctions of up to 3 years imprisonment, fines of up to $10,000, or both. H.R. 6552 would amend Section 333 of Title 21 to increase criminal sanctions for certain violations respecting misbranded or adulterated food under the FDC Act, particularly infringements of 21 U.S.C. §§ 331 (a), (b), (c), (k), or (v). Violations of these sections would be punishable by up to 10 years imprisonment, fines under Title 18 of the U.S. Code, or both.
S. 3597: Securing Health for Ocean Resources and Environment Act (SHORE) Act
Sponsor: Rockefeller (D - WV)
Official Title: A bill to improve the ability of the National Oceanic and Atmospheric Administration, the Coast Guard, and coastal States to sustain healthy ocean and coastal ecosystems by maintaining and sustaining their capabilities relating to oil spill preparedness, prevention, response, restoration, and research, and for other purposes.
Status:
7/15/2010: Introduced in Senate
7/15/2010: Referred to Senate Commerce, Science and Transportation Committee
7/27/2010: Ordered to be reported Senate Commerce, Science and Transportation Committee
12/17/2010: Reported to Senate with an amendment in the nature of a substitute by Senate Commerce, Science and Transportation Committee
12/17/2010: Placed on Senate calendar
Commentary: This bill would make a number of substantial changes to several federal environmental laws, including the Oil Pollution Act, Coastal Zone Management Act of 1972, and Clean Water Act to give the National Oceanic and Atmospheric Administration, Coast Guard, and Commerce Department more authority and responsibility in a wide range of areas, particularly the maintenance and protection of ocean and coastal ecosystems. A large section of S. 3597 includes provisions similar to S. 2089, the Coral Reef Conservation Amendments Act of 2009. Like S. 2089, this Act would criminalize all activity that would "destroy, take, cause the loss of, or injure any coral reef or any component thereof" except in instances involving activity authorized or allowed under Federal or State law, necessary for the sake of "bona fide marine scientific research," or taken pursuant to an emergency situation. Any person (other than a foreign government or any entity of such government) who "knowingly" commits such a violation would be subject to criminal penalties of up to 5 years imprisonment, fines under Title 18 of the U.S. Code, or both. Any person (other than a foreign government or any entity of such government) who commits such a violation and who, "in the exercise of due care should have known" that their conduct violated the bill would be subject to criminal penalties of up to 1 year imprisonment, fines under Title 18 of the U.S. Code, or both. Similar criminal penalties are also included for individuals who "knowingly" or "in the exercise of due care should have known" that they were unlawfully possessing, selling, delivering, carrying, transporting, or shipping any coral taken in violation of the legislation. S. 3597 also criminalizes "interference with enforcement" of the Act and subjects violators to criminal penalties of up to 5 years imprisonment, a fine of not more than $500,000 for individuals or $1,000,000 for organizations, or both. If the interference involved the use of a "dangerous weapon," involved conduct that caused bodily injury to any officer authorized to enforce the provisions of the Act, or placed any such officer "in fear of imminent bodily injury," then the maximum term of imprisonment would be raised to 10 years. Beyond these provisions, S. 3597 also includes a general "catch-all" clause that makes it unlawful for "any person to violate any provision of this title, any permit issued pursuant to this title, or any regulation promulgated pursuant to this title." Knowing violations of this provision would be subject to criminal penalties of up to 5 years imprisonment, fines under Title 18 of the U.S. Code, or both. Violations committed without the exercise of due care would be subject to criminal penalties of up to 1 year imprisonment, fines under Title 18 of the U.S. Code, or both. In addition to this panoply of new criminal sanctions, S. 3597 also amends 16 U.S.C. § 6401 et seq. to allow for the criminal forfeiture of "any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result" of an offense under the Act. Likewise, the bill would amend the same sections of Title 16 to allow for the criminal forfeiture of "any property, real or personal, used or intended to be used, in any manner, to commit or facilitate the commission of (an) offense" under the Act.
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
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.
H.R. 2868: Chemical and Water Security Act of 2009
Sponsor: Thompson (D - MS)
Official Title: To amend the Homeland Security Act of 2002 to enhance security and protect against acts of terrorism against chemical facilities, to amend the Safe Drinking Water Act to enhance the security of public water systems, and to amend the Federal Water Pollution Control Act to enhance the security of wastewater treatment works, and for other purposes.
Status:
6/15/2009: Introduced
6/15/2009: Referred to House Homeland Security Committee
6/15/2009: Referred to House Energy and Commerce Committee
7/13/2009: Reported as amended by House Homeland Security Committee
7/13/2009: Referred to House Judiciary Committee
10/23/2009: Reported as amended by House Energy and Commerce Committee
10/23/2009: Discharged House Judiciary Committee
11/6/2009: House Passage
11/9/2009: Received in the Senate
11/9/2009: Referred to Senate Homeland Security and Governmental Affairs Committee
3/3/2010: Hearing Held by Senate Homeland Security and Governmental Affairs Committee
7/28/2010: Mark up in the Senate Homeland Security and Governmental Affairs Committee
7/28/2010: Ordered to be reported Senate Homeland Security and Governmental Affairs Committee
12/16/2010: Reported to Senate with an amendment in the nature of a substitute by Senate Homeland Security and Governmental Affairs Committee
12/16/2010: Placed on Senate calendar
Commentary: This wide-ranging bill includes numerous provisions increasing federal control over the security of chemical facilities, water supplies, and wastewater treatment processes. Among other things, the bill authorizes the Secretary of Homeland Security to designate certain chemical substances as "substances of concern" based on potential adverse effects resulting from a terrorist incident and directs the Secretary to identify the terrorism risk of specified chemical facilities and water systems, to establish vulnerability assessment standards, and to require facilities to submit assessments and site security plans. The bill designates these vulnerability assessments, site security plans, and related documentation as "protected information." The legislation requires the Administrator of the Environmental Protection Agency to develop regulations and permits the Administrator to issue orders "as necessary to prohibit the unauthorized disclosure of protected information." The bill provides for criminal penalties of up to one year imprisonment and/or criminal fines for the unlawful disclosure of protected information "in knowing violation of the regulations and orders."
H.R. 2062: Migratory Bird Treaty Act Penalty and Enforcement Act of 2009
Sponsor: DeFazio (D - OR)
Official Title: A bill to amend the Migratory Bird Treaty Act to provide for penalties and enforcement for intentionally taking protected avian species, and for other purposes.
Status:
4/23/2009: Introduced
4/23/2009: Referred to House Natural Resources Committee
5/13/2009: Hearing Held by House Subcommittee on Insular Affairs, Oceans and Wildlife
11/18/2009: Discharged House Subcommittee on Insular Affairs, Oceans and Wildlife
11/18/2009: Mark up in the House Natural Resources Committee
12/7/2009: Reported as amended by House Natural Resources Committee
12/7/2009: House Passage
12/8/2009: Received in Senate
12/8/2009: Referred to Senate Environment and Public Works Committee
4/21/2010: Mark up in the Senate Environment and Public Works Committee
4/21/2010: Ordered to be reported Senate Environment and Public Works Committee
12/17/2010: Reported to Senate by Senate Environment and Public Works Committee
12/17/2010: Placed on Senate calendar
Commentary: This bill, a companion to S. 2811, would amend the Migratory Bird Treaty Act (the same law at issue in the Supreme Court's seminal Missouri v. Holland (1920)), which currently prohibits the taking of migratory birds with intent to sell or barter them, to prohibit the "intentional[] and malicious[]" taking of birds altogether, regardless of whether the accused acted with criminal intent. (Most hunting is specifically exempted from the treaty and the implementing statute.) Further, the bill would impose criminal penalties for any violation of the Act or regulations issued under it. Violations of either provision would be punishable by criminal fines of up to $50,000 and imprisonment of up to 2 years.
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
Commentary: This bill would prohibit the knowing transmission of 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.
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