H. R. 4223 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

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

for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Strengthening and Focusing 

Enforcement to Deter Organized Stealing and Enhance Safety Act 

of 2012’’ or the ‘‘SAFE DOSES Act’’. 

SEC. 2. THEFT OF MEDICAL PRODUCTS. 

(a) PROHIBITED CONDUCT AND PENALTIES.—Chapter 31 of title 

18, United States Code, is amended by adding at the end the 

following: 

‘‘§ 670. Theft of medical products 

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

or facility of, interstate or foreign commerce— 

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

or knowingly and unlawfully takes, carries away, or conceals 

a pre-retail medical product; 

‘‘(2) knowingly and falsely makes, alters, forges, or counterfeits the labeling or documentation (including documentation 

relating to origination or shipping) of a pre-retail medical 

product; 

‘‘(3) knowingly possesses, transports, or traffics in a preretail medical product that was involved in a violation of paragraph (1) or (2); 

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

a pre-retail medical product that has expired or been stolen; 

‘‘(5) with intent to defraud, sells, or distributes, a preretail medical product that is expired or stolen; or 

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

(1) through (5); 

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

the other sanctions provided in this section. 

‘‘(b) AGGRAVATED OFFENSES.—An offense under this section 

is an aggravated offense if— 

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

organization in the supply chain for the pre-retail medical 

product; or 

‘‘(2) the violation— 

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

of violence or force; 
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‘‘(B) involves the use of a deadly weapon; 

‘‘(C) results in serious bodily injury or death, including 

serious bodily injury or death resulting from the use of 

the medical product involved; or 

‘‘(D) is subsequent to a prior conviction for an offense 

under this section. 

‘‘(c) CRIMINAL PENALTIES.—Whoever violates subsection (a)— 

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

(b)(2)(C), shall be fined under this title or imprisoned not more 

than 30 years, or both; 

‘‘(2) if the value of the medical products involved in the 

offense is $5,000 or greater, shall be fined under this title, 

imprisoned for not more than 15 years, or both, but if the 

offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 20 

years; and 

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

imprisoned for not more than 3 years, or both, but if the 

offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 5 years. 

‘‘(d) CIVIL PENALTIES.—Whoever violates subsection (a) is subject to a civil penalty in an amount not more than the greater 

of— 

‘‘(1) three times the economic loss attributable to the violation; or 

‘‘(2) $1,000,000. 

‘‘(e) DEFINITIONS.—In this section— 

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

product that has not yet been made available for retail purchase 

by a consumer; 

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

product, device, medical food, or infant formula; 

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

have, respectively, the meanings given those terms in section 

201 of the Federal Food, Drug, and Cosmetic Act; 

‘‘(4) the term ‘biological product’ has the meaning given 

the term in section 351 of the Public Health Service Act; 

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

term in section 5(b) of the Orphan Drug Act; and 

‘‘(6) the term ‘supply chain’ includes manufacturer, wholesaler, repacker, own-labeled distributor, private-label distributor, jobber, broker, drug trader, transportation company, 

hospital, pharmacy, or security company.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 31 of title 18, United States Code, is amended 

by adding after the item relating to section 669 the following: 

‘‘670. Theft of medical products.’’. 

SEC. 3. CIVIL FORFEITURE. 

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

by inserting ‘‘670,’’ after ‘‘657,’’. 

SEC. 4. PENALTIES FOR THEFT-RELATED OFFENSES. 

(a) INTERSTATE OR FOREIGN SHIPMENTS BY CARRIER.—Section 

659 of title 18, United States Code, is amended by adding at 

the end of the fifth undesignated paragraph the following: ‘‘If the 

offense involves a pre-retail medical product (as defined in section 
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670), it shall be punished under section 670 unless the penalties 

provided for under this section are greater.’’. 

(b) RACKETEERING.— 

(1) TRAVEL ACT VIOLATIONS.—Section 1952 of title 18, 

United States Code, is amended by adding at the end the 

following: 

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

in paragraph (1) or (3) of subsection (a) and also involves a preretail medical product (as defined in section 670), the punishment 

for the offense shall be the same as the punishment for an offense 

under section 670 unless the punishment under subsection (a) is 

greater.’’. 

(2) MONEY LAUNDERING.—Section 1957(b)(1) of title 18, 

United States Code, is amended by adding at the end the 

following: ‘‘If the offense involves a pre-retail medical product 

(as defined in section 670) the punishment for the offense 

shall be the same as the punishment for an offense under 

section 670 unless the punishment under this subsection is 

greater.’’. 

(c) BREAKING OR ENTERING CARRIER FACILITIES.—Section 2117 

of title 18, United States Code, is amended by adding at the end 

of the first undesignated paragraph the following: ‘‘If the offense 

involves a pre-retail medical product (as defined in section 670) 

the punishment for the offense shall be the same as the punishment 

for an offense under section 670 unless the punishment under 

this section is greater.’’. 

(d) STOLEN PROPERTY.— 

(1) TRANSPORTATION OF STOLEN GOODS AND RELATED

OFFENSES.—Section 2314 of title 18, United States Code, is 

amended by adding at the end of the sixth undesignated paragraph the following: ‘‘If the offense involves a pre-retail medical 

product (as defined in section 670) the punishment for the 

offense shall be the same as the punishment for an offense 

under section 670 unless the punishment under this section 

is greater.’’. 

(2) SALE OR RECEIPT OF STOLEN GOODS AND RELATED

OFFENSES.—Section 2315 of title 18, United States Code, is 

amended by adding at the end of the fourth undesignated 

paragraph the following: ‘‘If the offense involves a pre-retail 

medical product (as defined in section 670) the punishment 

for the offense shall be the same as the punishment for an 

offense under section 670 unless the punishment under this 

section is greater.’’. 

(e) PRIORITY GIVEN TO CERTAIN INVESTIGATIONS AND PROSECUTIONS.—The Attorney General shall give increased priority to efforts 

to investigate and prosecute offenses under section 670 of title 

18, United States Code, that involve pre-retail medical products. 

SEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHORITY TO NEW 

OFFENSE. 

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

(1) by redesignating paragraph (s) as paragraph (t); 

(2) by striking ‘‘or’’ at the end of paragraph (r); and 

(3) by inserting after paragraph (r) the following: 

‘‘(s) any violation of section 670 (relating to theft of medical 

products); or’’. 
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SEC. 6. REQUIRED RESTITUTION. 

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

amended— 

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

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

‘‘or’’; and 

(3) by adding at the end the following: 

‘‘(iv) an offense under section 670 (relating to theft 

of medical products); and’’. 

SEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION. 

(a) IN GENERAL.—Pursuant to its authority under section 994 

of title 28, United States Code, and in accordance with this section, 

the United States Sentencing Commission shall review and, if 

appropriate, amend the Federal sentencing guidelines and policy 

statements applicable to persons convicted of offenses under section 

670 of title 18, United States Code, as added by this Act, section 

2118 of title 18, United States Code, or any another section of 

title 18, United States Code, amended by this Act, to reflect the 

intent of Congress that penalties for such offenses be sufficient 

to deter and punish such offenses, and appropriately account for 

the actual harm to the public from these offenses. 

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

States Sentencing Commission shall— 

(1) consider the extent to which the Federal sentencing 

guidelines and policy statements appropriately reflect— 

(A) the serious nature of such offenses; 

(B) the incidence of such offenses; and 

(C) the need for an effective deterrent and appropriate 

punishment to prevent such offenses; 

(2) consider establishing a minimum offense level under 

the Federal sentencing guidelines and policy statements for 

offenses covered by this Act; 

(3) account for any additional aggravating or mitigating 

circumstances that might justify exceptions to the generally 

applicable sentencing ranges; 

(4) ensure reasonable consistency with other relevant directives, Federal sentencing guidelines and policy statements; 

(5) make any necessary conforming changes to the Federal 

sentencing guidelines and policy statements; and 
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(6) ensure that the Federal sentencing guidelines and policy 

statements adequately meet the purposes of sentencing set 

forth in section 3553(a)(2) of title 18, United States Code. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.