H. R. 4223 
One Hundred Twelfth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and twelve 
An Act 
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 Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening and Focusing 
Enforcement to Deter Organized Stealing and Enhance 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 counter-
feits the labeling or documentation (including documentation 
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 para-
graph (1) or (2); 
‘‘(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;
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‘‘(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 subsection (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 offense other than one under sub-
section (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 sub-
section (b)(2)(C), the maximum term of imprisonment is 5 years. 
‘‘(d) CIVIL PENALTIES.—Whoever violates subsection (a) is sub-
ject to a civil penalty in an amount not more than the greater 
of— 
‘‘(1) three times the economic loss attributable to the viola-
tion; 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 meaning 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 manufacturer, whole-
saler, repacker, own-labeled distributor, private-label dis-
tributor, jobber, broker, drug trader, transportation company, 
hospital, pharmacy, or security company.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning 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.’’. 
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 CARRIER.—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
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670), it shall be punished 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 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 para-
graph 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 (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.’’. 
(e) PRIORITY GIVEN TO CERTAIN INVESTIGATIONS AND PROSECU-
TIONS.—The Attorney General shall give increased priority to efforts 
to investigate and prosecute offenses under section 670 of title 
18, United States Code, that involve 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 following: 
‘‘(s) any violation of section 670 (relating to theft of medical 
products); or’’.
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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 (relating to theft 
of medical products); and’’. 
SEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION. 
(a) IN GENERAL.—Pursuant to its authority under section 994 
of title 28, United States Code, and in accordance with this section, 
the United States Sentencing Commission 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 sufficient 
to deter and punish such offenses, and appropriately account for 
the actual harm to the public 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 appropriately 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 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 exceptions to the generally 
applicable sentencing ranges; 
(4) ensure reasonable consistency with other relevant direc-
tives, Federal sentencing guidelines and policy statements; 
(5) make any necessary conforming changes to the Federal 
sentencing guidelines and policy statements; and
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(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. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.