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S 1002 IS

Calendar No. 495CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 1002CommentsClose CommentsPermalink

[Report No. 112-204]CommentsClose CommentsPermalink

To prohibit theft of medical products, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

May 16, 2011CommentsClose CommentsPermalink

Mr. SCHUMER (for himself, Mr. KYL, Ms. KLOBUCHAR, Mr. BROWN of Ohio, Mr. WHITEHOUSE, Mr. SESSIONS, Mr. GRAHAM, Mr. COONS, Mr. BENNET, Mr. LUGAR, Mr. NELSON of Florida, Mr. CASEY, Mr. BLUMENTHAL, and Mr. LAUTENBERGMr. LAUTENBERG, Mrs. HAGAN, Mr. PORTMAN, Mr. WYDEN, Mr. MENENDEZ, Ms. AYOTTE, Mr. WICKER, Mr. KIRK, Mr. COCHRAN, Mr. CORKER, Mr. ALEXANDER, Mr. COATS, Mrs. GILLIBRAND, Mr. KOHL, Mr. BROWN of Massachusetts, Mr. ROBERTS, Mr. CORNYN, Mr. LEE, Mrs. FEINSTEIN, Mr. COBURN, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

August 28, 2012CommentsClose CommentsPermalink

Reported, under authority of the order of the Senate of August 2, 2012, by Mr. LEAHY, with an amendmentCommentsClose CommentsPermalink

[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink

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A BILLCommentsClose CommentsPermalink

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.

This Act may be cited as the ‘Strengthening and Focusing Enforcement to Deter Organized Stealing and Enhance Safety Act of 2011’ or the ‘SAFE DOSESafe Doses Act’. CommentsClose CommentsPermalink

SEC. 2. THEFT OF MEDICAL PRODUCTS.

(a) In GeneralProhibited 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 products

‘(a) Definitions- In this section--

‘(1) the term ‘biological product’ has the meaning given the term in section 351 of the Public Health Service Act (42 U.S.C. 262);

‘(2) the terms ‘device’, ‘drug’, ‘infant formula’, and ‘labeling’ have the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321);

‘(3) the term ‘medical food’ has the meaning given the term in section 5(b) of the Orphan Drug Act (21 U.S.C. 360ee(b)); and

‘(4) the term ‘medical product’ means a drug, biological product, device, medical food, or infant formula that--

‘(A) is being stored for transportation, or is being or has been transported, shipped, or received; and

‘(B) has not yet been made available for retail purchase by a customer at the time of the relevant conduct described in subsection (b).

‘(b) Offenses- It shall be unlawful,Prohibited Conduct- Whoever, in, or using any means or facility of interstate or foreign commerce, or in or affecting, interstate or foreign commerce, to knowingly-- CommentsClose CommentsPermalink




‘(1) steal, take without authorization, embezzle, carry away, or obtainembezzles, steals, or by fraud or deception a medical product, or attempt or conspire to do so;

‘(2) transport, handle, traffic in, or store a stolen medical product, or attempt or conspire to do so; or

‘(3) participate, in any way, in a scheme to alter, forge, or falsifyobtains, 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 stolen or expired medical productpre-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; or CommentsClose 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; or CommentsClose 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; or CommentsClose CommentsPermalink





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





‘(c) Criminal Penalties- ‘(1) IN GENERAL- Any person thatWhoever violates subsection (b)--‘(Aa)-- 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 product or products is less than $5,000s involved in the offense is $5,000 or greater, shall be fined under this title, imprisoned for not more than 315 years, or both; and‘(B) subject to paragraph (2), for, 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 CommentsClose CommentsPermalink





‘(3) in any other violationcase, shall be fined under this title, imprisoned for not more than 203 years, or both.‘(2) ADDITIONAL FACTORS- Any person that, 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 (b) shall be fined under this title and imprisoned fora) is subject to a civil penalty in an amount not less than 1 year nor more than 20 years if--

‘(A) the value of the medical product or products is not less than $5,000; and

‘(B) the--

‘(i) person--

‘(I) buys, or otherwise obtains, a medical product, knowing or with reckless disregard as to whether the medical product is expired orthe greater of-- CommentsClose CommentsPermalink




‘(1) three times the economic loss attributable to the violation; or CommentsClose 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 stolen, with the intent to sell or distribute the medical product;‘(II) sells, or distributes, a medmade available for retail purchase by a consumer; CommentsClose CommentsPermalink





‘(2) the term ‘medical product’ means a drug, biological product, knowing or with reckless disregard as to whether the medical product is expired or has been stolen; or‘(III) at the time of the violation is employed by, or is an agent of, an organization in the supply chain from which the stolen or expired medical products were removed, including adevice, 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; and CommentsClose 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; or

‘(ii) violation--

‘(I) involves the use of violence, force, or a threat of violence or force;

‘(II) involves the use of a deadly weapon;

‘(III) results in injury, including the injury of deprivation of treatment, or death caused by ingestion or use of a stolen or expired medical product; or

‘(IV) is the second or subsequent offense under subsection (b) committed by the person.

‘(3) CIVIL PENALTIES-

‘(A) IN GENERAL- The Attorney General may bring a civil action in an appropriate United States district court against any person that engages in conduct that violates subsection (b).

‘(B) PENALTY- In a civil action brought under subparagraph (A) the court may impose a civil penalty in an amount not more than the greater of 3 times the economic loss attributable to the violation or $1,000,000.’. CommentsClose CommentsPermalink




(b) Civil Forfeiture- Section 981(a)(1)(C) of title 18, United States Code, is amended by inserting ‘670,’ after ‘657,’.(c) Technical and Conforminglerical Amendment- The table of sections forat 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.

SEC. 4. PENALTIES FOR THEFT-RELATED OFFENSES.

(a) Interstate or Foreign Shipments by Carrier-Section 659 of title 18, United States Code, is amended inby adding at the end of the fifth undesignated paragraph, by striking ‘10 years’ and inserting ‘20 years 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





Chapter 95 of title 18, United States Code, is amended--

(1) in section 1952(a)(3)(A), by striking ‘5 years’ and inserting ‘20 years’; and

(2) in section 1957(b)(1), by striking ‘ten years’ and inserting ‘20 years’.

(1) TRAVEL ACT VIOLATIONS-Section 1952 of title 18, United States Code, is amended by adding that 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 inby adding at the end of the first undesignated paragraph by striking ‘ten years’ and inserting ‘20 yearsthe 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





Chapter 113 of title 18, United States Code, is amended--(1) in section 2314, in(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, by striking ‘ten years’ and inserting ‘20 years’; and(2) in section 2315, in 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, by striking ‘ten years’ and inserting ‘20 years 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

SEC. 4. AMENDMENT TO RICO5. INCLUSION OF NEW OFFENSE AS RICO PREDICATE.

Section 1961(1)(B) of title 18, United States Code, is amended by inserting ‘, section 670 (relating to theft of medical products)’ before ‘, sections 891’. CommentsClose CommentsPermalink

SEC. 56. AMENDMENT TO TITLE IIIEXTEND WIRETAPPING AUTHORITY TO NEW OFFENSE.

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





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





and(2 (2) by striking ‘or’ at the end of paragraph (r); and CommentsClose 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. AMENDMENT TO ORDER OF7. REQUIRED RESTITUTION.

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’; and CommentsClose 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. 78. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

(a) In General- Pursuant to its authority undersection 994 of title 28, United States Code, and in accordance with this Act, the United States section, the United States Sentencing Commission shall review and, if appropriate, amend the Federal Sentencing Gsentencing guidelines and policy statements applicable to a personpersons convicted of an offense under section 2118 of title 18, United States Code,offenses under section 670 of title 18, United States Code, as added by this Act, or other section of title 18 of the United States Code, amended 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; and CommentsClose 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; and CommentsClose CommentsPermalink





(6) ensure that the Federal sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth insection 3553(a)(2) of title 18, United States Code. CommentsClose CommentsPermalink

Calendar No. 495CommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

S. 1002CommentsClose CommentsPermalink

[Report No. 112-204]CommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To prohibit theft of medical products, and for other purposes.CommentsClose CommentsPermalink

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August 28, 2012CommentsClose CommentsPermalink

Reported with an amendmentCommentsClose CommentsPermalink