HR 4223 RFS

IN THE SENATE OF One Hundred Twelfth Congress CommentsClose CommentsPermalink

of theCommentsClose CommentsPermalink

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United States of AmericaCommentsClose CommentsPermalink

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AT THE UNITED STATES

June 27, 2012

Received; read twice and referred to the Committee on the Judiciary

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AN ACT

SECOND SESSIONCommentsClose CommentsPermalink

Begun and held at the City of Washington on Tuesday,CommentsClose CommentsPermalink

the third day of January, two thousand and twelveCommentsClose CommentsPermalink

An ActCommentsClose CommentsPermalink

To amend title 18, United States Code, to prohibit theft of medical products, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 2. THEFT OF MEDICAL PRODUCTS.CommentsClose CommentsPermalink

(a) Prohibited Conduct and Penalties- Chapter 31 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

-‘Sec. 670. Theft of medical productsCommentsClose CommentsPermalink

‘(a) Prohibited Conduct- Whoever, in, or using any means or facility of, interstate or foreign commerce--CommentsClose CommentsPermalink





‘(1) embezzles, steals, or by fraud or deception obtains, or knowingly and unlawfully takes, carries away, or conceals a pre-retail medical product;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(3) knowingly possesses, transports, or traffics in a pre-retail medical product that was involved in a violation of paragraph (1) or (2);CommentsClose CommentsPermalink





‘(4) with intent to defraud, buys, or otherwise obtains, a pre-retail medical product that has expired or been stolen;CommentsClose CommentsPermalink





‘(5) with intent to defraud, sells, or distributes, a pre-retail medical product that is expired or stolen; orCommentsClose CommentsPermalink





‘(6) attempts or conspires to violate any of paragraphs (1) through (5);CommentsClose CommentsPermalink





shall be punished as provided in subsection (c) and subject to the other sanctions provided in this section.CommentsClose CommentsPermalink





‘(b) Aggravated Offenses- An offense under this section is an aggravated offense if--CommentsClose CommentsPermalink





‘(1) the defendant is employed by, or is an agent of, an organization in the supply chain for the pre-retail medical product; orCommentsClose CommentsPermalink





‘(2) the violation--CommentsClose CommentsPermalink





‘(A) involves the use of violence, force, or a threat of violence or force;CommentsClose CommentsPermalink





‘(B) involves the use of a deadly weapon;CommentsClose CommentsPermalink





‘(C) results in serious bodily injury or death, including serious bodily injury or death resulting from the use of the medical product involved; orCommentsClose CommentsPermalink





‘(D) is subsequent to a prior conviction for an offense under this section.CommentsClose CommentsPermalink





‘(c) Criminal Penalties- Whoever violates subsection (a)--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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 subsection (b)(2)(C), the maximum term of imprisonment is 20 years; andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(d) Civil Penalties- Whoever violates subsection (a) is subject to a civil penalty in an amount not more than the greater of--CommentsClose CommentsPermalink





‘(1) three times the economic loss attributable to the violation; orCommentsClose CommentsPermalink





‘(2) $1,000,000.CommentsClose CommentsPermalink





‘(e) Definitions- In this section--CommentsClose CommentsPermalink





‘(1) the term ‘pre-retail medical product’ means a medical product that has not yet been made available for retail purchase by a consumer;CommentsClose CommentsPermalink





‘(2) the term ‘medical product’ means a drug, biological product, device, medical food, or infant formula;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(4) the term ‘biological product’ has the meaning given the term in section 351 of the Public Health Service Act;CommentsClose CommentsPermalink





‘(5) the term ‘medical food’ has the meaning given the term in section 5(b) of the Orphan Drug Act; andCommentsClose CommentsPermalink





‘(6) the term ‘supply chain’ includes manufacturer, wholesaler, repacker, own-labeled distributor, private-label distributor, jobber, broker, drug trader, transportation company, hospital, pharmacy, or security company.’.CommentsClose CommentsPermalink





(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 section 669 the following:CommentsClose CommentsPermalink





‘670. Theft of medical products.’.CommentsClose CommentsPermalink

SEC. 3. CIVIL FORFEITURE.CommentsClose CommentsPermalink

Section 981(a)(1)(C) of title 18, United States Code, is amended by inserting ‘670,’ after ‘657,’.CommentsClose CommentsPermalink

SEC. 4. PENALTIES FOR THEFT-RELATED OFFENSES.CommentsClose CommentsPermalink

(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 670), it shall be punished under section 670 unless the penalties provided for under this section are greater.’.CommentsClose CommentsPermalink





(b) Racketeering-CommentsClose CommentsPermalink





(1) TRAVEL ACT VIOLATIONS- Section 1952 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(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.’.CommentsClose CommentsPermalink





(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.’.CommentsClose CommentsPermalink





(d) Stolen Property-CommentsClose CommentsPermalink





(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 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.’.CommentsClose CommentsPermalink





(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.’.CommentsClose CommentsPermalink





(e) Priority Given to Certain Investigations and Prosecutions- 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.CommentsClose CommentsPermalink

SEC. 5. AMENDMENT TO EXTEND WIRETAPPING AUTHORITY TO NEW OFFENSE.CommentsClose CommentsPermalink

Section 2516(1) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraph (s) as paragraph (t);CommentsClose CommentsPermalink





(2) by striking ‘or’ at the end of paragraph (r); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (r) the following:CommentsClose CommentsPermalink





‘(s) any violation of section 670 (relating to theft of medical products); or’.CommentsClose CommentsPermalink

SEC. 6. REQUIRED RESTITUTION.CommentsClose CommentsPermalink

Section 3663A(c)(1)(A) of title 18, United States Code, is amended--CommentsClose CommentsPermalink





(1) in clause (ii), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(2) in clause (iii), by striking ‘and’ at the end and inserting ‘or’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(iv) an offense under section 670 (relating to theft of medical products); and’.CommentsClose CommentsPermalink

SEC. 7. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION.CommentsClose CommentsPermalink

(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.CommentsClose CommentsPermalink





(b) Requirements- In carrying out this section, the United States Sentencing Commission shall--CommentsClose CommentsPermalink





(1) consider the extent to which the Federal sentencing guidelines and policy statements appropriately reflect--CommentsClose CommentsPermalink





(A) the serious nature of such offenses;CommentsClose CommentsPermalink





(B) the incidence of such offenses; andCommentsClose CommentsPermalink





(C) the need for an effective deterrent and appropriate punishment to prevent such offenses;CommentsClose CommentsPermalink





(2) consider establishing a minimum offense level under the Federal sentencing guidelines and policy statements for offenses covered by this Act;CommentsClose CommentsPermalink





(3) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;CommentsClose CommentsPermalink





(4) ensure reasonable consistency with other relevant directives, Federal sentencing guidelines and policy statements;CommentsClose CommentsPermalink





(5) make any necessary conforming changes to the Federal sentencing guidelines and policy statements; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

PassedSpeaker of the House of Representatives June 26, 2012.

Attest:

KAREN L. HAAS,

Vice President of the United States andCommentsClose CommentsPermalink

President of the Senate.CommentsClose CommentsPermalink