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S.1002 - Safe Doses Act
A bill to prohibit theft of medical products, and for other purposes.
|Version||Word Count||Changes From Previous Version||Percent Change|
|Introduced in Senate||1,312||n/a||n/a|
|Reported in Senate||3,074||98 Show Changes Hide Changes||79%|
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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
SECTION 1. SHORT TITLE.
SEC. 2. THEFT OF MEDICAL PRODUCTS.
‘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 (
); and 21 U.S.C. 360ee(b)
‘(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
‘(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
‘(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) 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
‘(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
‘(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-
, 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 Section 981(a)(1)(C) of title 18, United States Code
SEC. 3. CIVIL FORFEITURE.
SEC. 4. PENALTIES FOR THEFT-RELATED OFFENSES.
(a) Interstate or Foreign Shipments by Carrier-
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) 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-
‘(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-
(c) Breaking or Entering Carrier Facilities-
Chapter 113 of title 18, United States Code, is amended--(1) in section 2314, in(1) TRANSPORTATION OF STOLEN GOODS AND RELATED OFFENSES-
(2) SALE OR RECEIPT OF STOLEN GOODS AND RELATED OFFENSES-
SEC. 4. AMENDMENT TO RICO5. INCLUSION OF NEW OFFENSE AS RICO PREDICATE.
SEC. 56. AMENDMENT TO TITLE IIIEXTEND WIRETAPPING AUTHORITY TO NEW OFFENSE.
SEC. 6. AMENDMENT TO ORDER OF7. REQUIRED RESTITUTION.
SEC. 78. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General- Pursuant to its authority under
(6) ensure that the Federal sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in