section 10(a)) is amended by adding at the end the fol-
lowing: 
‘‘(v) PRESCRIPTION DRUGS REFUSED ADMISSION.—
‘‘(1) IN GENERAL.—If a prescription drug has 
been refused admission under subsection (a), other 
than such a prescription drug that is required to be 
destroyed, the Secretary may require the owner or 
consignee of the prescription drug to affix to the 
container of the prescription drug a label that clear-
ly and conspicuously bears the statement: ‘UNITED 
STATES: REFUSED ENTRY’. 
‘‘(2) EXPENSES.—All expenses in connection 
with affixing a label under paragraph (1)—
‘‘(A) shall be paid by the owner or con-
signee of the prescription drug; and 
‘‘(B) in default of such payment, shall con-
stitute a lien against future importations made 
by the owner or consignee. 
‘‘(3) 
EFFECTIVE
PERIOD.—A 
requirement 
under paragraph (1) with respect to a prescription 
drug remains in effect until the Secretary deter-
mines that the prescription drug has been brought 
into compliance with this Act. 
‘‘(4) EFFECT OF SUBSECTION.—Nothing in this 
subsection applies to a prescription drug imported
by an individual under section 812 or to a commer-
cial transaction conducted between an Internet phar-
macy and an individual.’’. 
(b) MISBRANDED PRESCRIPTION DRUGS.—Section 
502 of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 352) is amended by adding at the end the fol-
lowing: 
‘‘(w) If—
‘‘(1) it is a prescription drug refused admission 
into the United States that fails to bear a label re-
quired by the Secretary under section 801(v); 
‘‘(2) the Secretary finds that the prescription 
drug presents a risk to the public health; and 
‘‘(3) on or after notifying the owner or con-
signee of the prescription drug that the label is re-
quired under section 801(v), the Secretary informs 
the owner or consignee that the prescription drug 
presents such a risk.’’. 
(c) RULE OF CONSTRUCTION.—With respect to a 
prescription drug that is imported or offered for importa-
tion into the United States, nothing in this section limits 
the authority of the Secretary of Health and Human Serv-
ices or the Secretary of the Treasury to require the mark-
ing of prescription drugs refused admission under any 
other provision of law.
SEC. 12. PROHIBITION OF PORT SHOPPING. 
Section 502 of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 352) (as amended by section 11(b)) is 
amended by adding at the end the following: 
‘‘(x) PORT SHOPPING.—
‘‘(1) IN GENERAL.—If—
‘‘(A) it is a prescription drug imported or 
offered for importation into the United States; 
and 
‘‘(B) the prescription drug has previously 
been refused admission under section 801(a); 
unless the person reoffering the prescription drug af-
firmatively establishes, at the expense of the owner 
or consignee of the prescription drug, that the pre-
scription drug complies with the applicable require-
ments of this Act, as determined by the Secretary. 
‘‘(2) EFFECT OF PARAGRAPH.—Nothing in this 
paragraph applies to importation of a prescription 
drug under section 812 or to a commercial trans-
action conducted between an Internet pharmacy and 
an individual.’’. 
SEC. 13. AUTHORITY TO COMMISSION OTHER FEDERAL 
AND STATE OFFICIALS TO CONDUCT INSPEC-
TIONS. 
Section 702(a) of the Federal Food, Drug, and Cos-
metic Act (21 U.S.C. 372(a)) is amended—
(1) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (6), respectively; and 
(2) inserting after paragraph (2) the following: 
‘‘(3)(A) The Secretary, pursuant to a memo-
randum of understanding between the Secretary and 
the head of another Federal agency, may conduct 
examinations and investigations for the purposes of 
enforcing compliance with the amendments made by 
the Safe IMPORT Act of 2004 through the officers 
and employees of the other agency. 
‘‘(B) A memorandum of understanding under 
subparagraph (A) shall include—
‘‘(i) provisions to ensure adequate training 
of officers and employees to conduct the exami-
nations and investigations; and 
‘‘(ii) provisions regarding reimbursement 
that may, in the discretion of the head of the 
other agency, require reimbursement, in whole 
or in part, from the Secretary for the examina-
tions or investigations performed under this 
paragraph by the officers or employees of the 
other agency. 
‘‘(C) A memorandum of understanding under 
subparagraph (A) shall be effective only with respect 
to examinations or inspections at facilities or other
locations that are jointly regulated by the Secretary 
and the other agency. 
‘‘(D) Not later than 60 days after the end of 
each fiscal year in which the head of a Federal agen-
cy carries out 1 or more examinations or inspections 
under a memorandum of understanding under sub-
paragraph (A), the Secretary and the agency head 
shall submit to the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate and to 
the Committee on Energy and Commerce of the 
House of Representatives, a report that discloses, 
for that year—
‘‘(i) the number of officers or employees 
that carried out 1 or more programs, projects, 
or activities under the memorandum of under-
standing; 
‘‘(ii) the number of additional articles that 
were inspected or examined as a result of the 
memorandum of understanding; and 
‘‘(iii) the number of additional examina-
tions or investigations that were carried out 
pursuant to the memorandum of understanding. 
‘‘(4)(A) The Secretary may enter into a con-
tract with a State to use the State Board of Phar-
macy personnel of the State to conduct examinations