IB 

Union Calendar No. 393 

112TH CONGRESS 

2D SESSION H. R. 4223 

[Report No. 112–549] 

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 

JUNE 25, 2012 

Additional sponsor: Mr. PENCE

JUNE 25, 2012 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 20, 2012] 


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A BILL 

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

of medical products, and for other purposes. 


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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 ‘‘Strengthening and Fo5 cusing Enforcement to Deter Organized Stealing and En6 hance Safety Act of 2012’’ or the ‘‘SAFE DOSES Act’’. 

7 SEC. 2. THEFT OF MEDICAL PRODUCTS. 

8 (a) PROHIBITED CONDUCT AND PENALTIES.—Chapter 

9 31 of title 18, United States Code, is amended by adding 

10 at the end the following: 

11 ‘‘§ 670. Theft of medical products 

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

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

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

15 obtains, or knowingly and unlawfully takes, carries 

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

17 ‘‘(2) knowingly and falsely makes, alters, forges, 

18 or counterfeits the labeling or documentation (includ19 ing documentation relating to origination or ship20 ping) of a pre-retail medical product; 

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

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

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


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

2 obtains, a pre-retail medical product that has expired 

3 or been stolen; 

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

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

6 or 

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

8 paragraphs (1) through (5); 

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

10 to the other sanctions provided in this section. 

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

12 section is an aggravated offense if— 

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

14 of, an organization in the supply chain for the pre15 retail medical product; or 

16 ‘‘(2) the violation— 

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

18 threat of violence or force; 

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

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

21 death, including serious bodily injury or death 

22 resulting from the use of the medical product in23 volved; or 

24 ‘‘(D) is subsequent to a prior conviction for 

25 an offense under this section. 


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1 ‘‘(c) CRIMINAL PENALTIES.—Whoever violates sub2 section (a)— 

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

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

5 imprisoned not more than 30 years, or both; 

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

7 in the offense is $5,000 or greater, shall be fined 

8 under this title, imprisoned for not more than 15 

9 years, or both, but if the offense is an aggravated of10 fense other than one under subsection (b)(2)(C), the 

11 maximum term of imprisonment is 20 years; and 

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

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

14 but if the offense is an aggravated offense other than 

15 one under subsection (b)(2)(C), the maximum term of 

16 imprisonment is 5 years. 

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

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

19 than the greater of— 

20 ‘‘(1) three times the economic loss attributable to 

21 the violation; or 

22 ‘‘(2) $1,000,000. 

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


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

2 a medical product that has not yet been made avail3 able for retail purchase by a consumer; 

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

5 biological product, device, medical food, or infant for6 mula; 

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

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

9 those terms in section 201 of the Federal Food, Drug, 

10 and Cosmetic Act; 

11 ‘‘(4) the term ‘biological product’ has the mean12 ing given the term in section 351 of the Public Health 

13 Service Act; 

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

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

16 Act; and 

17 ‘‘(6) the term ‘supply chain’ includes manufac18 turer, wholesaler, repacker, own-labeled distributor, 

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

20 transportation company, hospital, pharmacy, or secu21 rity company.’’. 

22 (b) CLERICAL AMENDMENT.—The table of sections at 

23 the beginning of chapter 31 of title 18, United States Code, 

24 is amended by adding after the item relating to section 669 

25 the following: 

‘‘670. Theft of medical products.’’. 


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1 SEC. 3. CIVIL FORFEITURE. 

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

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

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

5 (a) INTERSTATE OR FOREIGN SHIPMENTS BY CAR6 RIER.—Section 659 of title 18, United States Code, is 

7 amended by adding at the end of the fifth undesignated 

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

9 medical product (as defined in section 670), it shall be pun10 ished under section 670 unless the penalties provided for 

11 under this section are greater.’’. 

12 (b) RACKETEERING.— 

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

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

15 at the end the following: 

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

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

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

19 670), the punishment for the offense shall be the same as 

20 the punishment for an offense under section 670 unless the 

21 punishment under subsection (a) is greater.’’. 

22 (2) MONEY LAUNDERING.—Section 1957(b)(1) of 

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

24 at the end the following: ‘‘If the offense involves a pre25 retail medical product (as defined in section 670) the 

26 punishment for the offense shall be the same as the 


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1 punishment for an offense under section 670 unless 

2 the punishment under this subsection is greater.’’ 

3 (c) BREAKING OR ENTERING CARRIER FACILITIES.— 

4 Section 2117 of title 18, United States Code, is amended 

5 by adding at the end of the first undesignated paragraph 

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

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

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

9 under section 670 unless the punishment under this section 

10 is greater.’’. 

11 (d) STOLEN PROPERTY.— 

12 (1) TRANSPORTATION OF STOLEN GOODS AND

13 RELATED OFFENSES.—Section 2314 of title 18, 

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

15 of the sixth undesignated paragraph the following: ‘‘If 

16 the offense involves a pre-retail medical product (as 

17 defined in section 670) the punishment for the offense 

18 shall be the same as the punishment for an offense 

19 under section 670 unless the punishment under this 

20 section is greater.’’. 

21 (2) SALE OR RECEIPT OF STOLEN GOODS AND

22 RELATED OFFENSES.—Section 2315 of title 18, 

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

24 of the fourth undesignated paragraph the following: 

25 ‘‘If the offense involves a pre-retail medical product 


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1 (as defined in section 670) the punishment for the of2 fense shall be the same as the punishment for an of3 fense under section 670 unless the punishment under 

4 this section is greater.’’. 

5 (e) PRIORITY GIVEN TO CERTAIN INVESTIGATIONS AND

6 PROSECUTIONS.—The Attorney General shall give increased 

7 priority to efforts to investigate and prosecute offenses 

8 under section 670 of title 18, United States Code, that in9 volve pre-retail medical products. 

10 SEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHORITY 

11 TO NEW OFFENSE. 

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

13 amended— 

14 (1) by redesignating paragraph (s) as paragraph 

15 (t); 

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

17 and 

18 (3) by inserting after paragraph (r) the fol19 lowing: 

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

21 theft of medical products); or’’. 

22 SEC. 6. REQUIRED RESTITUTION. 

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

24 is amended— 

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


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

2 and inserting ‘‘or’’; and 

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

4 ‘‘(iv) an offense under section 670 (relating 

5 to theft of medical products); and’’. 

6 SEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COM7 MISSION. 

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

9 section 994 of title 28, United States Code, and in accord10 ance with this section, the United States Sentencing Com11 mission shall review and, if appropriate, amend the Federal 

12 sentencing guidelines and policy statements applicable to 

13 persons convicted of offenses under section 670 of title 18, 

14 United States Code, as added by this Act, section 2118 of 

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

16 18, United States Code, amended by this Act, to reflect the 

17 intent of Congress that penalties for such offenses be suffi18 cient to deter and punish such offenses, and appropriately 

19 account for the actual harm to the public from these of20 fenses. 

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

22 United States Sentencing Commission shall— 

23 (1) consider the extent to which the Federal sen24 tencing guidelines and policy statements appro25 priately reflect— 


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1 (A) the serious nature of such offenses; 

2 (B) the incidence of such offenses; and 

3 (C) the need for an effective deterrent and 

4 appropriate punishment to prevent such offenses; 

5 (2) consider establishing a minimum offense level 

6 under the Federal sentencing guidelines and policy 

7 statements for offenses covered by this Act; 

8 (3) account for any additional aggravating or 

9 mitigating circumstances that might justify excep10 tions to the generally applicable sentencing ranges; 

11 (4) ensure reasonable consistency with other rel12 evant directives, Federal sentencing guidelines and 

13 policy statements; 

14 (5) make any necessary conforming changes to 

15 the Federal sentencing guidelines and policy state16 ments; and 

17 (6) ensure that the Federal sentencing guidelines 

18 and policy statements adequately meet the purposes of 

19 sentencing set forth in section 3553(a)(2) of title 18, 

20 United States Code. 


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Union Calendar No. 393 

112TH CONGRESS 

2D SESSION H. R. 4223 

[Report No. 112–549] 

A BILL 

To amend title 18, United States Code, to prohibit 

theft of medical products, and for other purposes. 

JUNE 25, 2012 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


srobinson on DSK4SPTVN1PROD with BILLS