IIB 
112TH CONGRESS 
2D SESSION 
H. R. 4223 
IN THE SENATE OF THE UNITED STATES 
JUNE 27, 2012 
Received; read twice and referred to the Committee on the Judiciary 
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 Representa-
tives of the United States of America in Congress assembled, 
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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.—Chap-
ter 31 of title 18, United States Code, is amended by add-
ing 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 
(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 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; 
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‘‘(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 
involved; or 
‘‘(D) is subsequent to a prior conviction 
for an offense under this section. 
‘‘(c) CRIMINAL PENALTIES.—Whoever violates sub-
section (a)— 
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‘‘(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 
‘‘(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— 
‘‘(1) the term ‘pre-retail medical product’ 
means a medical product that has not yet been made 
available for retail purchase by a consumer; 
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‘‘(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 
‘‘(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,’’. 
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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 punished under section 670 unless the penalties pro-
vided 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 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 shall be the 
same as the punishment for an offense under section 
670 unless the punishment under this subsection is 
greater.’’. 
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(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 
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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 
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(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 
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(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: 
KAREN L. HAAS, 
Clerk. 
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