I 
112TH CONGRESS 
2D SESSION 
H. R. 4223 
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 
A BILL 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safe Doses Act’’. 
SEC. 2. THEFT OF MEDICAL PRODUCTS. 
(a) PROHIBITED CONDUCT AND PENALTIES.—Chap-
ter 31 of title 18, United States Code, is amended by add-
ing at the end the following: 
VerDate Mar 15 2010 
23:39 Mar 20, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4223.IH
H4223
smartinez on DSK6TPTVN1PROD with BILLS
‘‘§ 670. Theft of medical products 
‘‘(a) PROHIBITED CONDUCT.—Whoever, in or affect-
ing interstate or foreign commerce— 
‘‘(1) embezzles, steals, or unlawfully takes, car-
ries away, or conceals, or by fraud or deception ob-
tains, a pre-retail medical product; 
‘‘(2) falsely makes, alters, forges, or counter-
feits the labeling or documentation (including docu-
mentation relating to origination or shipping) 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); 
‘‘(4) with intent to defraud, buys, or otherwise 
obtains, a pre-retail medical product that has ex-
pired 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— 
VerDate Mar 15 2010 
23:39 Mar 20, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4223.IH
H4223
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(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 
involved; or 
‘‘(D) is subsequent to a prior conviction 
for an offense under this section. 
‘‘(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 in-
volved 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 
VerDate Mar 15 2010 
23:39 Mar 20, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4223.IH
H4223
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(3) in any other case, shall be fined under this 
title, imprisoned for not more than 3 years, or both. 
‘‘(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 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 
VerDate Mar 15 2010 
23:39 Mar 20, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4223.IH
H4223
smartinez on DSK6TPTVN1PROD with BILLS
‘‘(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 se-
curity 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 sec-
tion 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 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), the pun-
ishment for the offense is the same as the punishment for 
an offense under section 670 if the maximum punishment 
under that section is greater than that provided in this 
section.’’. 
(b) RACKETEERING.— 
VerDate Mar 15 2010 
23:39 Mar 20, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4223.IH
H4223
smartinez on DSK6TPTVN1PROD with BILLS
(1) TRAVEL ACT VIOLATIONS.—Section 1952 of 
title 18, United States Code, is amended by adding 
that 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 is the same 
as the punishment for an offense under section 670 if the 
maximum punishment under that section is greater than 
that provided in this section.’’. 
(2) MONEY LAUNDERING.—Section 1957(b)(1) 
of title 18, United States Code, is amended by add-
ing at the end the following: ‘‘If the offense involves 
a pre-retail medical product (as defined in section 
670) the punishment for the offense is the same as 
the punishment for an offense under section 670 if 
the maximum punishment under that section is 
greater than that provided in this section.’’ 
(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 is the same as the punishment for 
an offense under section 670 if the maximum punishment 
VerDate Mar 15 2010 
23:39 Mar 20, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4223.IH
H4223
smartinez on DSK6TPTVN1PROD with BILLS
under that section is greater than that provided in this 
section.’’. 
(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 is the same as the punishment for an 
offense under section 670 if the maximum punish-
ment under that section is greater than that pro-
vided in this section.’’. 
(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 is the same as the punishment for an 
offense under section 670 if the maximum punish-
ment under that section is greater than that pro-
vided in this section.’’. 
VerDate Mar 15 2010 
23:39 Mar 20, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H4223.IH
H4223
smartinez on DSK6TPTVN1PROD with BILLS
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-
VerDate Mar 15 2010 
23:39 Mar 20, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4223.IH
H4223
smartinez on DSK6TPTVN1PROD with BILLS
(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. 
Æ 
VerDate Mar 15 2010 
23:39 Mar 20, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H4223.IH
H4223
smartinez on DSK6TPTVN1PROD with BILLS