I 

112TH CONGRESS 

2D SESSION H. R. 4223 

To amend title 18, United States Code, to prohibit theft of medical products, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2012 

Mr. SENSENBRENNER (for himself, Ms. LINDA T. SA ́NCHEZ of California, Mr. 

COBLE, Mr. GALLEGLY, Mr. PIERLUISI, and Mr. MEEHAN) introduced 

the following bill; which was referred to the Committee on the Judiciary 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as 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: 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 4223 IH

1 ‘‘§ 670. Theft of medical products 

2 ‘‘(a) PROHIBITED CONDUCT.—Whoever, in or affect3 ing interstate or foreign commerce— 

4 ‘‘(1) embezzles, steals, or unlawfully takes, car5 ries away, or conceals, or by fraud or deception ob6 tains, a pre-retail medical product; 

7 ‘‘(2) falsely makes, alters, forges, or counter8 feits the labeling or documentation (including docu9 mentation relating to origination or shipping) of a 

10 pre-retail medical product; 

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

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

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

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

15 obtains, a pre-retail medical product that has ex16 pired or been stolen; 

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

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

19 or 

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

21 paragraphs (1) through (5); 

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

23 to the other sanctions provided in this section. 

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

25 this section is an aggravated offense if— 


smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 4223 IH

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

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

3 pre-retail medical product; or 

4 ‘‘(2) the violation— 

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

6 a threat of violence or force; 

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

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

9 death, including serious bodily injury or death 

10 resulting from the use of the medical product 

11 involved; or 

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

13 for an offense under this section. 

14 ‘‘(c) CRIMINAL PENALTIES.—Whoever violates sub15 section (a)— 

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

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

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

19 ‘‘(2) if the value of the medical products in20 volved in the offense is $5,000 or greater, shall be 

21 fined under this title, imprisoned for not more than 

22 15 years, or both, but if the offense is an aggravated 

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

24 the maximum term of imprisonment is 20 years; and 


smartinez on DSK6TPTVN1PROD with BILLS
4 

•HR 4223 IH

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

2 title, imprisoned for not more than 3 years, or both. 

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

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

5 than the greater of— 

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

7 to the violation; or 

8 ‘‘(2) $1,000,000. 

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

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

11 means a medical product that has not yet been made 

12 available for retail purchase by a consumer; 

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

14 biological product, device, medical food, or infant 

15 formula; 

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

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

18 those terms in section 201 of the Federal Food, 

19 Drug, and Cosmetic Act; 

20 ‘‘(4) the term ‘biological product’ has the mean21 ing given the term in section 351 of the Public 

22 Health Service Act; 

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

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

25 Act; and 


smartinez on DSK6TPTVN1PROD with BILLS
5 

•HR 4223 IH

1 ‘‘(6) the term ‘supply chain’ includes manufac2 turer, wholesaler, repacker, own-labeled distributor, 

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

4 transportation company, hospital, pharmacy, or se5 curity company.’’. 

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

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

8 Code, is amended by adding after the item relating to sec9 tion 669 the following: 

‘‘670. Theft of medical products.’’. 

10 SEC. 3. CIVIL FORFEITURE. 

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

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

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

14 (a) INTERSTATE OR FOREIGN SHIPMENTS BY CAR15 RIER.—Section 659 of title 18, United States Code, is 

16 amended by adding at the end of the fifth undesignated 

17 paragraph the following: ‘‘If the offense involves a pre18 retail medical product (as defined in section 670), the pun19 ishment for the offense is the same as the punishment for 

20 an offense under section 670 if the maximum punishment 

21 under that section is greater than that provided in this 

22 section.’’. 

23 (b) RACKETEERING.— 


smartinez on DSK6TPTVN1PROD with BILLS
6 

•HR 4223 IH

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

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

3 that the end the following: 

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

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

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

7 section 670), the punishment for the offense is the same 

8 as the punishment for an offense under section 670 if the 

9 maximum punishment under that section is greater than 

10 that provided in this section.’’. 

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

12 of title 18, United States Code, is amended by add13 ing at the end the following: ‘‘If the offense involves 

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

15 670) the punishment for the offense is the same as 

16 the punishment for an offense under section 670 if 

17 the maximum punishment under that section is 

18 greater than that provided in this section.’’ 

19 (c) BREAKING OR ENTERING CARRIER FACILI20 TIES.—Section 2117 of title 18, United States Code, is 

21 amended by adding at the end of the first undesignated 

22 paragraph the following: ‘‘If the offense involves a pre23 retail medical product (as defined in section 670) the pun24 ishment for the offense is the same as the punishment for 

25 an offense under section 670 if the maximum punishment 


smartinez on DSK6TPTVN1PROD with BILLS
7 

•HR 4223 IH

1 under that section is greater than that provided in this 

2 section.’’. 

3 (d) STOLEN PROPERTY.— 

4 (1) TRANSPORTATION OF STOLEN GOODS AND

5 RELATED OFFENSES.—Section 2314 of title 18, 

6 United States Code, is amended by adding at the 

7 end of the sixth undesignated paragraph the fol8 lowing: ‘‘If the offense involves a pre-retail medical 

9 product (as defined in section 670) the punishment 

10 for the offense is the same as the punishment for an 

11 offense under section 670 if the maximum punish12 ment under that section is greater than that pro13 vided in this section.’’. 

14 (2) SALE OR RECEIPT OF STOLEN GOODS AND

15 RELATED OFFENSES.—Section 2315 of title 18, 

16 United States Code, is amended by adding at the 

17 end of the fourth undesignated paragraph the fol18 lowing: ‘‘If the offense involves a pre-retail medical 

19 product (as defined in section 670) the punishment 

20 for the offense is the same as the punishment for an 

21 offense under section 670 if the maximum punish22 ment under that section is greater than that pro23 vided in this section.’’. 


smartinez on DSK6TPTVN1PROD with BILLS
8 

•HR 4223 IH

1 SEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHOR2 ITY TO NEW OFFENSE. 

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

4 amended— 

5 (1) by redesignating paragraph (s) as para6 graph (t); 

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

8 (r); and 

9 (3) by inserting after paragraph (r) the fol10 lowing: 

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

12 theft of medical products); or’’. 

13 SEC. 6. REQUIRED RESTITUTION. 

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

15 Code, is amended— 

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

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

18 and inserting ‘‘or’’; and 

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

20 ‘‘(iv) an offense under section 670 (relat21 ing to theft of medical products); and’’. 

22 SEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COM23 MISSION. 

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

25 section 994 of title 28, United States Code, and in accord26 ance with this section, the United States Sentencing ComVerDate Mar 15 2010 23:39 Mar 20, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4223.IH H4223

smartinez on DSK6TPTVN1PROD with BILLS
9 

•HR 4223 IH

1 mission shall review and, if appropriate, amend the Fed2 eral sentencing guidelines and policy statements applicable 

3 to persons convicted of offenses under section 670 of title 

4 18, United States Code, as added by this Act, section 

5 2118 of title 18, United States Code, or any another sec6 tion of title 18, United States Code, amended by this Act, 

7 to reflect the intent of Congress that penalties for such 

8 offenses be sufficient to deter and punish such offenses, 

9 and appropriately account for the actual harm to the pub10 lic from these offenses. 

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

12 the United States Sentencing Commission shall— 

13 (1) consider the extent to which the Federal 

14 sentencing guidelines and policy statements appro15 priately reflect— 

16 (A) the serious nature of such offenses; 

17 (B) the incidence of such offenses; and 

18 (C) the need for an effective deterrent and 

19 appropriate punishment to prevent such of20 fenses; 

21 (2) consider establishing a minimum offense 

22 level under the Federal sentencing guidelines and 

23 policy statements for offenses covered by this Act; 


smartinez on DSK6TPTVN1PROD with BILLS
10 

•HR 4223 IH

1 (3) account for any additional aggravating or 

2 mitigating circumstances that might justify excep3 tions to the generally applicable sentencing ranges; 

4 (4) ensure reasonable consistency with other 

5 relevant directives, Federal sentencing guidelines 

6 and policy statements; 

7 (5) make any necessary conforming changes to 

8 the Federal sentencing guidelines and policy state9 ments; and 

10 (6) ensure that the Federal sentencing guide11 lines and policy statements adequately meet the pur12 poses of sentencing set forth in section 3553(a)(2) 

13 of title 18, United States Code. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS