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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening and Fo-
cusing Enforcement to Deter Organized Stealing and En-
hance 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 (includ-
ing documentation relating to origination or ship-
ping) of a pre-retail medical product; 
‘‘(3) knowingly possesses, transports, or traffics 
in a pre-retail medical product that was involved in 
a violation of paragraph (1) or (2); 
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‘‘(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 pre-retail 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; 
‘‘(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 in-
volved; or 
‘‘(D) is subsequent to a prior conviction for 
an offense under this section. 
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‘‘(c) CRIMINAL PENALTIES.—Whoever violates sub-
section (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 of-
fense 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— 
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‘‘(1) the term ‘pre-retail medical product’ means 
a medical product that has not yet been made avail-
able for retail purchase by a consumer; 
‘‘(2) the term ‘medical product’ means a drug, 
biological product, device, medical food, or infant for-
mula; 
‘‘(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 mean-
ing 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 manufac-
turer, wholesaler, repacker, own-labeled distributor, 
private-label distributor, jobber, broker, drug trader, 
transportation company, hospital, pharmacy, or secu-
rity 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.’’. 
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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 CAR-
RIER.—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 670), it shall be pun-
ished 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 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 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 
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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 
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(as defined in section 670) the punishment for the of-
fense shall be the same as the punishment for an of-
fense 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 in-
volve 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 fol-
lowing: 
‘‘(s) any violation of section 670 (relating to 
theft of medical products); or’’. 
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; 
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(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 COM-
MISSION. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994 of title 28, United States Code, and in accord-
ance with this section, the United States Sentencing Com-
mission 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 suffi-
cient to deter and punish such offenses, and appropriately 
account for the actual harm to the public from these of-
fenses. 
(b) REQUIREMENTS.—In carrying out this section, the 
United States Sentencing Commission shall— 
(1) consider the extent to which the Federal sen-
tencing guidelines and policy statements appro-
priately reflect— 
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(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 excep-
tions to the generally applicable sentencing ranges; 
(4) ensure reasonable consistency with other rel-
evant directives, Federal sentencing guidelines and 
policy statements; 
(5) make any necessary conforming changes to 
the Federal sentencing guidelines and policy state-
ments; and 
(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. 
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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 Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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