IIB 

112TH CONGRESS 

2D SESSION H. R. 4223 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2012 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend title 18, United States Code, to prohibit theft 

of medical products, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


srobinson on DSK4SPTVN1PROD with BILLS
2 

HR 4223 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Strengthening and Fo3 cusing Enforcement to Deter Organized Stealing and En4 hance Safety Act of 2012’’ or the ‘‘SAFE DOSES Act’’. 

5 SEC. 2. THEFT OF MEDICAL PRODUCTS. 

6 (a) PROHIBITED CONDUCT AND PENALTIES.—Chap7 ter 31 of title 18, United States Code, is amended by add8 ing at the end the following: 

9 ‘‘§ 670. Theft of medical products 

10 ‘‘(a) PROHIBITED CONDUCT.—Whoever, in, or using 

11 any means or facility of, interstate or foreign commerce— 

12 ‘‘(1) embezzles, steals, or by fraud or deception 

13 obtains, or knowingly and unlawfully takes, carries 

14 away, or conceals a pre-retail medical product; 

15 ‘‘(2) knowingly and falsely makes, alters, 

16 forges, or counterfeits the labeling or documentation 

17 (including documentation relating to origination or 

18 shipping) of a pre-retail medical product; 

19 ‘‘(3) knowingly possesses, transports, or traffics 

20 in a pre-retail medical product that was involved in 

21 a violation of paragraph (1) or (2); 

22 ‘‘(4) with intent to defraud, buys, or otherwise 

23 obtains, a pre-retail medical product that has ex24 pired or been stolen; 


srobinson on DSK4SPTVN1PROD with BILLS
3 

HR 4223 RFS 

1 ‘‘(5) with intent to defraud, sells, or distributes, 

2 a pre-retail medical product that is expired or stolen; 

3 or 

4 ‘‘(6) attempts or conspires to violate any of 

5 paragraphs (1) through (5); 

6 shall be punished as provided in subsection (c) and subject 

7 to the other sanctions provided in this section. 

8 ‘‘(b) AGGRAVATED OFFENSES.—An offense under 

9 this section is an aggravated offense if— 

10 ‘‘(1) the defendant is employed by, or is an 

11 agent of, an organization in the supply chain for the 

12 pre-retail medical product; or 

13 ‘‘(2) the violation— 

14 ‘‘(A) involves the use of violence, force, or 

15 a threat of violence or force; 

16 ‘‘(B) involves the use of a deadly weapon; 

17 ‘‘(C) results in serious bodily injury or 

18 death, including serious bodily injury or death 

19 resulting from the use of the medical product 

20 involved; or 

21 ‘‘(D) is subsequent to a prior conviction 

22 for an offense under this section. 

23 ‘‘(c) CRIMINAL PENALTIES.—Whoever violates sub24 section (a)— 


srobinson on DSK4SPTVN1PROD with BILLS
4 

HR 4223 RFS 

1 ‘‘(1) if the offense is an aggravated offense 

2 under subsection (b)(2)(C), shall be fined under this 

3 title or imprisoned not more than 30 years, or both; 

4 ‘‘(2) if the value of the medical products in5 volved in the offense is $5,000 or greater, shall be 

6 fined under this title, imprisoned for not more than 

7 15 years, or both, but if the offense is an aggravated 

8 offense other than one under subsection (b)(2)(C), 

9 the maximum term of imprisonment is 20 years; and 

10 ‘‘(3) in any other case, shall be fined under this 

11 title, imprisoned for not more than 3 years, or both, 

12 but if the offense is an aggravated offense other 

13 than one under subsection (b)(2)(C), the maximum 

14 term of imprisonment is 5 years. 

15 ‘‘(d) CIVIL PENALTIES.—Whoever violates subsection 

16 (a) is subject to a civil penalty in an amount not more 

17 than the greater of— 

18 ‘‘(1) three times the economic loss attributable 

19 to the violation; or 

20 ‘‘(2) $1,000,000. 

21 ‘‘(e) DEFINITIONS.—In this section— 

22 ‘‘(1) the term ‘pre-retail medical product’ 

23 means a medical product that has not yet been made 

24 available for retail purchase by a consumer; 


srobinson on DSK4SPTVN1PROD with BILLS
5 

HR 4223 RFS 

1 ‘‘(2) the term ‘medical product’ means a drug, 

2 biological product, device, medical food, or infant 

3 formula; 

4 ‘‘(3) the terms ‘device’, ‘drug’, ‘infant formula’, 

5 and ‘labeling’ have, respectively, the meanings given 

6 those terms in section 201 of the Federal Food, 

7 Drug, and Cosmetic Act; 

8 ‘‘(4) the term ‘biological product’ has the mean9 ing given the term in section 351 of the Public 

10 Health Service Act; 

11 ‘‘(5) the term ‘medical food’ has the meaning 

12 given the term in section 5(b) of the Orphan Drug 

13 Act; and 

14 ‘‘(6) the term ‘supply chain’ includes manufac15 turer, wholesaler, repacker, own-labeled distributor, 

16 private-label distributor, jobber, broker, drug trader, 

17 transportation company, hospital, pharmacy, or se18 curity company.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 31 of title 18, United States 

21 Code, is amended by adding after the item relating to sec22 tion 669 the following: 

‘‘670. Theft of medical products.’’. 

23 SEC. 3. CIVIL FORFEITURE. 

24 Section 981(a)(1)(C) of title 18, United States Code, 

25 is amended by inserting ‘‘670,’’ after ‘‘657,’’. 


srobinson on DSK4SPTVN1PROD with BILLS
6 

HR 4223 RFS 

1 SEC. 4. PENALTIES FOR THEFT-RELATED OFFENSES. 

2 (a) INTERSTATE OR FOREIGN SHIPMENTS BY CAR3 RIER.—Section 659 of title 18, United States Code, is 

4 amended by adding at the end of the fifth undesignated 

5 paragraph the following: ‘‘If the offense involves a pre6 retail medical product (as defined in section 670), it shall 

7 be punished under section 670 unless the penalties pro8 vided for under this section are greater.’’. 

9 (b) RACKETEERING.— 

10 (1) TRAVEL ACT VIOLATIONS.—Section 1952 of 

11 title 18, United States Code, is amended by adding 

12 at the end the following: 

13 ‘‘(d) If the offense under this section involves an act 

14 described in paragraph (1) or (3) of subsection (a) and 

15 also involves a pre-retail medical product (as defined in 

16 section 670), the punishment for the offense shall be the 

17 same as the punishment for an offense under section 670 

18 unless the punishment under subsection (a) is greater.’’. 

19 (2) MONEY LAUNDERING.—Section 1957(b)(1) 

20 of title 18, United States Code, is amended by add21 ing at the end the following: ‘‘If the offense involves 

22 a pre-retail medical product (as defined in section 

23 670) the punishment for the offense shall be the 

24 same as the punishment for an offense under section 

25 670 unless the punishment under this subsection is 

26 greater.’’. 


srobinson on DSK4SPTVN1PROD with BILLS
7 

HR 4223 RFS 

1 (c) BREAKING OR ENTERING CARRIER FACILI2 TIES.—Section 2117 of title 18, United States Code, is 

3 amended by adding at the end of the first undesignated 

4 paragraph the following: ‘‘If the offense involves a pre5 retail medical product (as defined in section 670) the pun6 ishment for the offense shall be the same as the punish7 ment for an offense under section 670 unless the punish8 ment under this section is greater.’’. 

9 (d) STOLEN PROPERTY.— 

10 (1) TRANSPORTATION OF STOLEN GOODS AND

11 RELATED OFFENSES.—Section 2314 of title 18, 

12 United States Code, is amended by adding at the 

13 end of the sixth undesignated paragraph the fol14 lowing: ‘‘If the offense involves a pre-retail medical 

15 product (as defined in section 670) the punishment 

16 for the offense shall be the same as the punishment 

17 for an offense under section 670 unless the punish18 ment under this section is greater.’’. 

19 (2) SALE OR RECEIPT OF STOLEN GOODS AND

20 RELATED OFFENSES.—Section 2315 of title 18, 

21 United States Code, is amended by adding at the 

22 end of the fourth undesignated paragraph the fol23 lowing: ‘‘If the offense involves a pre-retail medical 

24 product (as defined in section 670) the punishment 

25 for the offense shall be the same as the punishment 


srobinson on DSK4SPTVN1PROD with BILLS
8 

HR 4223 RFS 

1 for an offense under section 670 unless the punish2 ment under this section is greater.’’. 

3 (e) PRIORITY GIVEN TO CERTAIN INVESTIGATIONS

4 AND PROSECUTIONS.—The Attorney General shall give in5 creased priority to efforts to investigate and prosecute of6 fenses under section 670 of title 18, United States Code, 

7 that involve pre-retail medical products. 

8 SEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHOR9 ITY TO NEW OFFENSE. 

10 Section 2516(1) of title 18, United States Code, is 

11 amended— 

12 (1) by redesignating paragraph (s) as para13 graph (t); 

14 (2) by striking ‘‘or’’ at the end of paragraph 

15 (r); and 

16 (3) by inserting after paragraph (r) the fol17 lowing: 

18 ‘‘(s) any violation of section 670 (relating to 

19 theft of medical products); or’’. 

20 SEC. 6. REQUIRED RESTITUTION. 

21 Section 3663A(c)(1)(A) of title 18, United States 

22 Code, is amended— 

23 (1) in clause (ii), by striking ‘‘or’’ at the end; 

24 (2) in clause (iii), by striking ‘‘and’’ at the end 

25 and inserting ‘‘or’’; and 


srobinson on DSK4SPTVN1PROD with BILLS
9 

HR 4223 RFS 

1 (3) by adding at the end the following: 

2 ‘‘(iv) an offense under section 670 (relat3 ing to theft of medical products); and’’. 

4 SEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COM5 MISSION. 

6 (a) IN GENERAL.—Pursuant to its authority under 

7 section 994 of title 28, United States Code, and in accord8 ance with this section, the United States Sentencing Com9 mission shall review and, if appropriate, amend the Fed10 eral sentencing guidelines and policy statements applicable 

11 to persons convicted of offenses under section 670 of title 

12 18, United States Code, as added by this Act, section 

13 2118 of title 18, United States Code, or any another sec14 tion of title 18, United States Code, amended by this Act, 

15 to reflect the intent of Congress that penalties for such 

16 offenses be sufficient to deter and punish such offenses, 

17 and appropriately account for the actual harm to the pub18 lic from these offenses. 

19 (b) REQUIREMENTS.—In carrying out this section, 

20 the United States Sentencing Commission shall— 

21 (1) consider the extent to which the Federal 

22 sentencing guidelines and policy statements appro23 priately reflect— 

24 (A) the serious nature of such offenses; 

25 (B) the incidence of such offenses; and 


srobinson on DSK4SPTVN1PROD with BILLS
10 

HR 4223 RFS 

1 (C) the need for an effective deterrent and 

2 appropriate punishment to prevent such of3 fenses; 

4 (2) consider establishing a minimum offense 

5 level under the Federal sentencing guidelines and 

6 policy statements for offenses covered by this Act; 

7 (3) account for any additional aggravating or 

8 mitigating circumstances that might justify excep9 tions to the generally applicable sentencing ranges; 

10 (4) ensure reasonable consistency with other 

11 relevant directives, Federal sentencing guidelines 

12 and policy statements; 

13 (5) make any necessary conforming changes to 

14 the Federal sentencing guidelines and policy state15 ments; and 

16 (6) ensure that the Federal sentencing guide17 lines and policy statements adequately meet the pur18 poses of sentencing set forth in section 3553(a)(2) 

19 of title 18, United States Code. 

Passed the House of Representatives June 26, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


srobinson on DSK4SPTVN1PROD with BILLS