Text: H.R.4223 — 112th Congress (2011-2012)All Information (Except Text)

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Public Law No: 112-186 (10/05/2012)

 
[112th Congress Public Law 186]
[From the U.S. Government Printing Office]



[[Page 126 STAT. 1427]]

Public Law 112-186
112th Congress

                                 An Act


 
  To amend title 18, United States Code, to prohibit theft of medical 
products, and for other purposes. <<NOTE: Oct. 5, 2012 -  [H.R. 4223]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Strengthening 
and Focusing Enforcement to Deter Organized Stealing and Enhance Safety 
Act of 2012. 18 USC 1 note.>> 
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:
``Sec. 670. <<NOTE: 18 USC 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 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;

[[Page 126 STAT. 1428]]

                    ``(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 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;
            ``(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, 
        wholesaler, repacker, own-labeled distributor, private-label 
        distributor, jobber, broker, drug trader, transportation 
        company, hospital, pharmacy, or security 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 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 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.''.
            (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) <<NOTE: 18 USC 670 note.>>  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.
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. <<NOTE: 28 USC 994 note.>> DIRECTIVE TO UNITED STATES 
                    SENTENCING COMMISSION.

    (a) <<NOTE: Review.>>  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 
        directives, 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.

    Approved October 5, 2012.

LEGISLATIVE HISTORY--H.R. 4223:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-549 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 158 (2012):
            June 26, considered and passed House.
            Sept. 21, considered and passed Senate.

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