(c) BREAKING
OR
ENTERING
CARRIER
FACILI-
TIES.—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 pun-
ishment for the offense shall be the same as the punish-
ment for an offense under section 670 unless the punish-
ment 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 fol-
lowing: ‘‘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 punish-
ment 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 fol-
lowing: ‘‘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 punish-
ment under this section is greater.’’. 
(e) PRIORITY GIVEN TO CERTAIN INVESTIGATIONS 
AND PROSECUTIONS.—The Attorney General shall give in-
creased priority to efforts to investigate and prosecute of-
fenses under section 670 of title 18, United States Code, 
that involve pre-retail medical products. 
SEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHOR-
ITY TO NEW OFFENSE. 
Section 2516(1) of title 18, United States Code, is 
amended— 
(1) by redesignating paragraph (s) as para-
graph (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; 
(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 (relat-
ing 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 Fed-
eral 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 sec-
tion 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 pub-
lic 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 appro-
priately 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 of-
fenses; 
(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 
relevant 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 guide-
lines and policy statements adequately meet the pur-
poses of sentencing set forth in section 3553(a)(2) 
of title 18, United States Code. 
Passed the House of Representatives June 26, 2012. 
Attest: 
Clerk.
112TH CONGRESS 
2D SESSION 
H. R. 4223 
AN ACT 
To amend title 18, United States Code, to prohibit 
theft of medical products, and for other purposes.