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                                                       Calendar No. 495
112th Congress                                                   Report
                                 SENATE
 2d Session                                                     112-204

======================================================================



 
                             SAFE DOSES ACT

                                _______
                                

                August 28, 2012.--Ordered to be printed

  Filed, under authority of the order of the Senate of August 2, 2012

                                _______
                                

            Mr. Leahy, from the Committee on the Judiciary, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1002]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to which was referred the 
bill (S. 1002) to prohibit theft of medical products, and for 
other purposes, having considered the same, reports favorably 
thereon, with an amendment, and recommends that the bill, as 
amended do pass.

                                CONTENTS

                                                                   Page
  I. Background and Purpose of the SAFE DOSES Act.....................1
 II. History of the Bill and Committee Consideration..................2
III. Section-by-Section Summary of the Bill...........................3
 IV. Congressional Budget Office Cost Estimate........................4
  V. Regulatory Impact Evaluation.....................................5
 VI. Conclusion.......................................................5
VII. Changes to Existing Law Made by the Bill, as Reported............5

            I. Background and Purpose of the SAFE DOSES Act

    The purpose of this bill--entitled ``Strengthening and 
Focusing Enforcement to Deter Organized Stealing and Enhance 
Safety Act,'' or ``SAFE DOSES Act''--is to combat large-scale 
theft of pre-retail medical cargo--life-saving drugs that 
millions of American citizens rely on to cure illness--before 
they enter the stream of commerce. These thefts put patients at 
risk that is posed by stolen medical products that are then 
mishandled, stored improperly, and reintroduced into the supply 
chain. For example, in 2010, over $75 million of prescription 
drugs--including treatments for cancer, heart disease, and 
neurological disorders including depression, ADHD and 
schizophrenia were stolen from a warehouse in Connecticut. 
Arrests were not made until two years later. In the meantime, 
untold amounts of these drugs entered the stream of commerce, 
potentially endangering those who purchased the drugs without 
knowing of their suspect origins.\1\
---------------------------------------------------------------------------
    \1\In addition to this incident, major recent instances of pre-
retail medical product theft include (but are not limited to) the 
following: January 9, 2012, 785 packs of Alcon/Ciba Vision contact 
lenses were stolen en route to a distribution center in Georgia; 
October 20, 2011, nearly 100 thousand bottles of Actavis drugs, 
including 67,704 bottles of Oxycodone HCl (OxyContin) tablets, were 
stolen en route from Elizabeth, New Jersey to a distribution center in 
Kentucky; June 19, 2011, Abbott Diabetes Care reported that one tractor 
trailer load of diabetes care products (mainly monitors and test 
strips) were stolen from a shipping carrier facility in Louisville, 
Kentucky; May 14, 2011, thousands of doses of prescription drugs used 
to treat high blood pressure, antibiotic infections, depression and 
anxiety disorders, colitis, and rheumatoid arthritis were stolen while 
being delivered to a customer facility in the Northeast from Pfizer's 
Memphis, Tennessee manufacturing plant; May 3, 2011, endoscopic and 
urologic surgical devices produced by Boston Scientific Corporation 
were stolen en route to the company's sterilization facility (the 
products were already marked ``sterile'' though they had yet to be 
sterilized and could cause infection if used); March 9, 2011, hundreds 
of cases of infant formula products produced by Mead Johnson were 
stolen from a truck stop in Cuba, Missouri; October 3, 2010, thousands 
of over-the-counter and prescription drugs, including controlled pain 
killing and anti-anxiety medicines, were stolen in a burglary from a 
packaging facility in North Hollywood, California.
---------------------------------------------------------------------------
    The legislation increases sentences for the theft, 
transportation and storage of medical product cargo, enhances 
penalties for those who knowingly obtain stolen medical 
products for resale, and increases sentences when harm occurs 
(such as injury or death) or trust is broken (such as when a 
defendant is employed by an organization in the supply chain). 
The bill also addresses the increasingly serious problem of the 
theft of controlled substances from pharmacies--an offense that 
is already a Federal crime, but whose punishment bears 
reexamination in light of the public health crisis posed by 
prescription opioids, in particular.
    The SAFE DOSES Act creates a new section within title 18 of 
the United States Code specifically to criminalize and punish 
the theft and trafficking of pre-retail medical products. The 
bill is targeted to address those who knowingly steal medical 
products before they enter the stream of commerce, and traffic 
in them before they reach authorized providers. The bill is not 
intended to address those who do not have knowledge of the 
nature or provenance of the products, and is not intended to 
capture inadvertent, accidental, or ignorant conduct. The bill 
is structured in such a way that mens rea is required for all 
elements of the offense, including the knowledge that the 
contraband pre-retail medical products in question were in fact 
unlawfully obtained.\2\ The purpose and intent of the bill is 
to target for prosecution those knowingly involved in thefts, 
not individuals who unknowingly purchase or possess pre-retail 
medical products for personal use.
---------------------------------------------------------------------------
    \2\See, e.g., United States v. X-Citement Video, 513 U.S. 64 
(1994); Staples v. United States, 511 U.S. 600 (1994).
---------------------------------------------------------------------------
    Finally, the bill provides additional tools to law 
enforcement, such as wiretaps, and provides restitution to 
victims injured by stolen medical products.

          II. History of the Bill and Committee Consideration


                      A. INTRODUCTION OF THE BILL

    The SAFE DOSES Act was introduced as S. 1002 on May 16, 
2011, by Senator Schumer, Senator Bennet, Senator Blumenthal, 
Senator Sherrod Brown, Senator Casey, Senator Coons, Senator 
Graham, Senator Klobuchar, Senator Kyl, Senator Lautenberg, 
Senator Lugar, Senator Bill Nelson, Senator Sessions, and 
Senator Whitehouse. The bill was referred to the Committee on 
the Judiciary. Since the date of introduction, Senator 
Alexander, Senator Ayotte, Senator Scott Brown, Senator Coats, 
Senator Coburn, Senator Cochran, Senator Corker, Senator 
Cornyn, Senator Feinstein, Senator Gillibrand, Senator Hagan, 
Senator Hatch, Senator Kirk, Senator Kohl, Senator Lee, Senator 
Menendez, Senator Portman, Senator Roberts, Senator Wicker, and 
Senator Wyden have joined as cosponsors.

                       B. COMMITTEE CONSIDERATION

    The Committee on the Judiciary considered S. 1002 on March 
8, 2012. Senator Schumer proposed an amendment in the nature of 
a substitute. The amendment was agreed to by unanimous consent. 
The Committee then voted to report the SAFE DOSES Act, as 
amended, favorably to the Senate by voice vote.

              III. Section-by-Section Summary of the Bill


Section 1. Short title

    This section provides that the legislation may be cited as 
the ``Strengthening and Focusing Enforcement to Deter Organized 
Stealing and Enhance Safety Act'' or ``Safe Doses Act.''

Section 2. Theft of medical products

    This section adds a new section 670 to Title 18, ``Theft of 
medical products.''
    (a) Prohibited Conduct. This subsection establishes the 
offenses of (1) stealing a ``pre-retail medical product'' or 
obtaining it by fraud; (2) falsifying the labeling or shipping 
of documents of pre-retail medical product; (3) possessing, 
transporting, or trafficking in a pre-retail product involved 
in a violation of (1) or (2); (4) fraudulent obtaining an 
expired or stolen pre-retail medical product; (5) fraudulent 
selling or distributing an expired or stolen pre-retail medical 
product; or (6) attempting or conspiring to violate (1) through 
(5).
    (b) Aggravated Offenses. This subsection establishes an 
aggravated offense where (1) the defendant is an employee or 
agent of an organization in the supply chain for the pre-retail 
medical product or (2) the violation involves violence or a 
deadly weapon, or causes serious bodily injury or death, or in 
the defendant's second offense under this section.
    (c) Criminal Penalties. This subsection establishes that 
the penalty for a violation of this section shall be (1) up to 
30 years if the offense causes serious bodily injury or death; 
(2) if the value of the pre-retail medical products is greater 
than $5,000, up to 20 if the offense is aggravated for a reason 
other than serious bodily injury or death, and up to 15 years 
otherwise; or (3) up to 3 years in any other case.
    (d) Definitions. This subsection defines the term ``pre-
retail medical product'' as a medical product that has not yet 
been made available for retail purchase by a consumer; it 
defines a ``medical product'' as a drug, biological product, 
device, medical food or infant formula, and incorporates 
existing U.S. Code definitions for each of those terms; it 
defines ``supply chain'' to include manufacturers, wholesalers, 
distributors, brokers, pharmacies, hospitals and security 
companies.

Section 3. Civil forfeiture

    This section adds theft of pre-retail medical products to 
the list of offenses for which civil forfeiture is available.

Section 4. Penalties for theft-related offenses

    This section amends a handful of statutes\3\ that 
prosecutors presently use in cases of large-scale cargo theft 
to say that, when the offense charged under those sections 
involve pre-retail medical products, they shall be punished 
under Section 670.
---------------------------------------------------------------------------
    \3\18 U.S.C. Sec. 659; 18 U.S.C. Sec. 1952; 18 U.S.C. 
Sec. 1957(b)(1); 18 U.S.C. Sec. 2117; 18 U.S.C. Sec. 2314; 18 U.S.C. 
Sec. 2315.
---------------------------------------------------------------------------

Section 5. Inclusion of new offense as RICO predicate

    This section adds theft of medical products to the list of 
Racketeer Influenced and Corrupt Organizations Act.

Section 6. Amendment to extend wiretapping authority to new offense

    This section adds theft of medical products to the list of 
offenses eligible for Title III wiretaps.

Section 7. Required restitution

    This section adds theft of medical products to the list of 
crimes requiring a restitution order.

             IV. Congressional Budget Office Cost Estimate

    The Committee sets forth, with respect to the bill, S. 
1002, the following estimate and comparison prepared by the 
Director of the Congressional Budget Office under section 402 
of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 16, 2012.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1002, the Safe Doses 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 1002--Safe Doses Act

    CBO estimates that implementing S. 1002 would have no 
significant cost to the Federal Government. Enacting the bill 
could affect direct spending and revenues; therefore, pay-as-
you-go procedures apply. However, CBO estimates that any 
effects would be insignificant for each year.
    S. 1002 would establish new Federal crimes relating to the 
theft of certain medical products. As a result, the government 
might be able to pursue criminal cases that it otherwise would 
not be able to prosecute. CBO expects that S. 1002 would apply 
to a relatively small number of additional offenders, however, 
so any increase in costs for law enforcement, court 
proceedings, or prison operations would not be significant. Any 
such costs would be subject to the availability of appropriated 
funds.
    Because those prosecuted and convicted under S. 1002 could 
be subject to civil and criminal fines, the Federal Government 
might collect additional fines if the legislation is enacted. 
Civil and criminal fines are recorded as revenues. Criminal 
fines are deposited in the Crime Victims Fund, and later spent. 
CBO expects that any additional revenues and direct spending 
would not be significant because of the relatively small number 
of cases likely to be affected.
    S. 1002 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Mark Grabowicz. 
The estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    V. Regulatory Impact Evaluation

    In compliance with rule XXVI of the Standing Rules of the 
Senate, the Committee finds that no significant regulatory 
impact will result from the enactment of S. 1002.

                             VI. Conclusion

    The SAFE DOSES Act, S. 1002, addresses crimes involving 
stolen pre-retail medical products, which pose a serious risk 
of injury to consumers. It does so by strengthening and 
modernizing the Federal criminal code to provide well-
established and effective investigative tools to law 
enforcement. This legislation is necessary to combat 
increasingly sophisticated criminal organizations that traffic 
in stolen medical products without regard for public safety.

       VII. Changes to Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1002, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           UNITED STATES CODE

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

           *       *       *       *       *       *       *


                             PART I--CRIMES

CHAPTER 31--EMBEZZLEMENT AND THEFT

           *       *       *       *       *       *       *



Sec. 659. Interstate or foreign shipments by carrier; State 
                    prosecutions

           *       *       *       *       *       *       *


    Whoever embezzles, steals, or unlawfully takes, carries 
away, or conceals, or by fraud or deception obtains from any 
pipeline system, railroad car, wagon, motortruck, trailer, or 
other vehicle, or from any tank or storage facility, station, 
station house, platform or depot or from any steamboat, vessel, 
or wharf, or from any aircraft, air cargo container, air 
terminal, airport, aircraft terminal or air navigation 
facility, or from any intermodal container, trailer, container 
freight station, warehouse, or freight consolidation facility, 
with intent to convert to his own use any goods or chattels 
moving as or which are a part of or which constitute an 
interstate or foreign shipment of freight, express, or other 
property; or
    Whoever buys or receives or has in his possession any such 
goods or chattels, knowing the same to have been embezzled or 
stolen; or
    Whoever embezzles, steals, or unlawfully takes, carries 
away, or by fraud or deception obtains with intent to convert 
to his own use any baggage which shall have come into the 
possession of any common carrier for transportation in 
interstate or foreign commerce or breaks into, steals, takes, 
carries away, or conceals any of the contents of such baggage, 
or buys, receives, or has in his possession any such baggage or 
any article therefrom of whatever nature, knowing the same to 
have been embezzled or stolen; or
    Whoever embezzles, steals, or unlawfully takes by any 
fraudulent device, scheme, or game, from any railroad car, bus, 
vehicle, steamboat, vessel, or aircraft operated by any common 
carrier moving in interstate or foreign commerce or from any 
passenger thereon any money, baggage, goods, or chattels, or 
whoever buys, receives, or has in his possession any such 
money, baggage, goods, or chattels, knowing the same to have 
been embezzled or stolen--
    Shall be fined under this title or imprisoned not more than 
10 years, or both, but if the amount or value of such money, 
baggage, goods, or chattels is less than $1,000, shall be fined 
under this title or imprisoned for not more than 3 years, or 
both.
    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.
    The offense shall be deemed to have been committed not only 
in the district where the violation first occurred, but also in 
any district in which the defendant may have taken or been in 
possession of the said money, baggage, goods, or chattels.
    The carrying or transporting of any such money, freight, 
express, baggage, goods, or chattels in interstate or foreign 
commerce, knowing the same to have been stolen, shall 
constitute a separate offense and subject the offender to the 
penalties under this section for unlawful taking, and the 
offense shall be deemed to have been committed in any district 
into which such money, freight, express, baggage, goods, or 
chattels shall have been removed or into which the same shall 
have been brought by such offender. To establish the interstate 
or foreign commerce character of any shipment in any 
prosecution under this section the waybill or other shipping 
document of such shipment shall be prima facie evidence of the 
place from which and to which such shipment was made. For 
purposes of this section, goods and chattel shall be construed 
to be moving as an interstate or foreign shipment at all points 
between the point of origin and the final destination (as 
evidenced by the waybill or other shipping document of the 
shipment), regardless of any temporary stop while awaiting 
transshipment or otherwise. The removal of property from a 
pipeline system which extends interstate shall be prima facie 
evidence of the interstate character of the shipment of the 
property.
    A judgment of conviction or acquittal on the merits under 
the laws of any State shall be a bar to any prosecution under 
this section for the same act or acts. Nothing contained in 
this section shall be construed as indicating an intent on the 
part of Congress to occupy the field in which provisions of 
this section operate to the exclusion of State laws on the same 
subject matter, nor shall any provision of this section be 
construed as invalidating any provision of State law unless 
such provision is inconsistent with any of the purposes of this 
section or any provision thereof.

           *       *       *       *       *       *       *


Sec. 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;
                  (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.

           *       *       *       *       *       *       *


CHAPTER 46--FORFEITURE

           *       *       *       *       *       *       *



Sec. 981(a)(1). Civil Forfeiture

           *       *       *       *       *       *       *


                  (C) Any property, real or personal, which 
                constitutes or is derived from proceeds 
                traceable to a violation of section 215, 471, 
                472, 473, 474, 476, 477, 478, 479, 480, 481, 
                485, 486, 487, 488, 501, 502, 510, 542, 545, 
                656, 657, 670, 842, 844, 1005, 1006, 1007, 
                1014, 1028, 1029, 1030, 1032, or 1344 of this 
                title or any offense constituting ``specified 
                unlawful activity'' (as defined in section 
                1956(c)(7) of this title), or a conspiracy to 
                commit such offense.

           *       *       *       *       *       *       *


CHAPTER 95--RACKETEERING

           *       *       *       *       *       *       *



Sec. 1952. Interstate and foreign travel or transportation in aid of 
                    racketeering enterprises

           *       *       *       *       *       *       *


    (a) Whoever travels in interstate or foreign commerce or 
uses the mail or any facility in interstate or foreign 
commerce, with intent to--
          (1) distribute the proceeds of any unlawful activity; 
        or
          (2) commit any crime of violence to further any 
        unlawful activity; or
          (3) otherwise promote, manage, establish, carry on, 
        or facilitate the promotion, management, establishment, 
        or carrying on, of any unlawful activity, and 
        thereafter performs or attempts to perform--
                  (A) an act described in paragraph (1) or (3) 
                shall be fined under this title, imprisoned not 
                more than 5 years, or both; or
                  (B) an act described in paragraph (2) shall 
                be fined under this title, imprisoned for not 
                more than 20 years, or both, and if death 
                results shall be imprisoned for any term of 
                years or for life.
    (b) As used in this section
          (i) ``unlawful activity'' means
                  (1) any business enterprise involving 
                gambling, liquor on which the Federal excise 
                tax has not been paid, narcotics or controlled 
                substances (as defined in section 102(6) of the 
                Controlled Substances Act), or prostitution 
                offenses in violation of the laws of the State 
                in which they are committed or of the United 
                States,
                  (2) extortion, bribery, or arson in violation 
                of the laws of the State in which committed or 
                of the United States, or
                  (3) any act which is indictable under 
                subchapter II of chapter 53 of title 31, United 
                States Code, or under section 1956 or 1957 of 
                this title and
          (ii) the term ``State'' includes a State of the 
        United States, the District of Columbia, and any 
        commonwealth, territory, or possession of the United 
        States.
    (c) Investigations of violations under this section 
involving liquor shall be conducted under the supervision of 
the Attorney General.
    (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.

           *       *       *       *       *       *       *


Sec. 1957(b). Engaging in monetary transactions in property derived 
                    from specified unlawful activity

           *       *       *       *       *       *       *


    (1) Except as provided in paragraph (2), the punishment for 
an offense under this section is a fine under title 18, United 
States Code, or imprisonment for not more than ten years or 
both. 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.
    (2) The court may impose an alternate fine to that 
imposable under paragraph (1) of not more than twice the amount 
of the criminally derived property involved in the transaction.

           *       *       *       *       *       *       *


CHAPTER 96--RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS

           *       *       *       *       *       *       *



Sec. 1961(1)(B). Definitions

           *       *       *       *       *       *       *


    (1) ``racketeering activity'' means
    * * *
                  (B) any act which is indictable under any of 
                the following provisions of title 18, United 
                States Code: Section 201 (relating to bribery), 
                section 224 (relating to sports bribery), 
                sections 471, 472, and 473 (relating to 
                counterfeiting), section 659 (relating to theft 
                from interstate shipment) if the act indictable 
                under section 659 is felonious, section 664 
                (relating to embezzlement from pension and 
                welfare funds), section 670 (relating to theft 
                of medical products, sections 891-894 (relating 
                to extortionate credit transactions), section 
                1028 (relating to fraud and related activity in 
                connection with identification documents), 
                section 1029 (relating to fraud and related 
                activity in connection with access devices), 
                section 1084 (relating to the transmission of 
                gambling information), section 1341 (relating 
                to mail fraud), section 1343 (relating to wire 
                fraud), section 1344 (relating to financial 
                institution fraud), section 1425 (relating to 
                the procurement of citizenship or 
                nationalization unlawfully), section 1426 
                (relating to the reproduction of naturalization 
                or citizenship papers), section 1427 (relating 
                to the sale of naturalization or citizenship 
                papers), sections 1461-1465 (relating to 
                obscene matter), section 1503 (relating to 
                obstruction of justice), section 1510 (relating 
                to obstruction of criminal investigations), 
                section 1511 (relating to the obstruction of 
                State or local law enforcement), section 1512 
                (relating to tampering with a witness, victim, 
                or an informant), section 1513 (relating to 
                retaliating against a witness, victim, or an 
                informant), section 1542 (relating to false 
                statement in application and use of passport), 
                section 1543 (relating to forgery or false use 
                of passport), section 1544 (relating to misuse 
                of passport), section 1546 (relating to fraud 
                and misuse of visas, permits, and other 
                documents), sections 1581-1592 (relating to 
                peonage, slavery, and trafficking in persons), 
                section 1951 (relating to interference with 
                commerce, robbery, or extortion), section 1952 
                (relating to racketeering), section 1953 
                (relating to interstate transportation of 
                wagering paraphernalia), section 1954 (relating 
                to unlawful welfare fund payments), section 
                1955 (relating to the prohibition of illegal 
                gambling businesses), section 1956 (relating to 
                the laundering of monetary instruments), 
                section 1957 (relating to engaging in monetary 
                transactions in property derived from specified 
                unlawful activity), section 1958 (relating to 
                use of interstate commerce facilities in the 
                commission of murder-for-hire), section 1960 
                (relating to illegal money transmitters), 
                sections 2251, 2251A, 2252, and 2260 (relating 
                to sexual exploitation of children), sections 
                2312 and 2313 (relating to interstate 
                transportation of stolen motor vehicles), 
                sections 2314 and 2315 (relating to interstate 
                transportation of stolen property), section 
                2318 (relating to trafficking in counterfeit 
                labels for phonorecords, computer programs or 
                computer program documentation or packaging and 
                copies of motion pictures or other audiovisual 
                works), section 2319 (relating to criminal 
                infringement of a copyright), section 2319A 
                (relating to unauthorized fixation of and 
                trafficking in sound recordings and music 
                videos of live musical performances), section 
                2320 (relating to trafficking in goods or 
                services bearing counterfeit marks), section 
                2321 (relating to trafficking in certain motor 
                vehicles or motor vehicle parts), sections 
                2341-2346 (relating to trafficking in 
                contraband cigarettes), sections 2421-24 
                (relating to white slave traffic), sections 
                175-178 (relating to biological weapons), 
                sections 229-229F (relating to chemical 
                weapons), section 831 (relating to nuclear 
                materials

           *       *       *       *       *       *       *


CHAPTER 103--ROBBERY AND BURGLARY

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Sec. 2117. Breaking or entering carrier facilities

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    Whoever breaks the seal or lock of any railroad car, 
vessel, aircraft, motortruck, wagon or other vehicle or of any 
pipeline system, containing interstate or foreign shipments of 
freight or express or other property, or enters any such 
vehicle or pipeline system with intent in either case to commit 
larceny therein, shall be fined under this title or imprisoned 
not more than ten years, or both. 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.
    A judgment of conviction or acquittal on the merits under 
the laws of any State shall be a bar to any prosecution under 
this section for the same act or acts. Nothing contained in 
this section shall be construed as indicating an intent on the 
part of Congress to occupy the field in which provisions of 
this section operate to the exclusion of State laws on the same 
subject matter, nor shall any provision of this section be 
construed as invalidating any provision of State law unless 
such provision is inconsistent with any of the purposes of this 
section or any provision thereof.

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CHAPTER 113--STOLEN PROPERTY

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Sec. 2314. Transportation of stolen goods, securities, moneys, 
                    fraudulent State tax stamps, or articles used in 
                    counterfeiting

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    Whoever transports, transmits, or transfers in interstate 
or foreign commerce any goods, wares, merchandise, securities 
or money, of the value of $5,000 or more, knowing the same to 
have been stolen, converted or taken by fraud; or
    Whoever, having devised or intending to devise any scheme 
or artifice to defraud, or for obtaining money or property by 
means of false or fraudulent pretenses, representations, or 
promises, transports or causes to be transported, or induces 
any person or persons to travel in, or to be transported in 
interstate or foreign commerce in the execution or concealment 
of a scheme or artifice to defraud that person or those persons 
of money or property having a value of $5,000 or more; or
    Whoever, with unlawful or fraudulent intent, transports in 
interstate or foreign commerce any falsely made, forged, 
altered, or counterfeited securities or tax stamps, knowing the 
same to have been falsely made, forged, altered, or 
counterfeited; or
    Whoever, with unlawful or fraudulent intent, transports in 
interstate or foreign commerce any traveler's check bearing a 
forged countersignature; or
    Whoever, with unlawful or fraudulent intent, transports in 
interstate or foreign commerce, any tool, implement, or thing 
used or fitted to be used in falsely making, forging, altering, 
or counterfeiting any security or tax stamps, or any part 
thereof--
    Shall be fined under this title or imprisoned not more than 
ten years, or both.
    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.
    This section shall not apply to any falsely made, forged, 
altered, counterfeited or spurious representation of an 
obligation or other security of the United States, or of an 
obligation, bond, certificate, security, treasury note, bill, 
promise to pay or bank note issued by any foreign government. 
This section also shall not apply to any falsely made, forged, 
altered, counterfeited, or spurious representation of any bank 
note or bill issued by a bank or corporation of any foreign 
country which is intended by the laws or usage of such country 
to circulate as money.

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Sec. 2315. Sale or receipt of stolen goods, securities, moneys, or 
                    fraudulent State tax stamps

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    Whoever receives, possesses, conceals, stores, barters, 
sells, or disposes of any goods, wares, or merchandise, 
securities, or money of the value of $5,000 or more, or pledges 
or accepts as security for a loan any goods, wares, or 
merchandise, or securities, of the value of $500 or more, which 
have crossed a State or United States boundary after being 
stolen, unlawfully converted, or taken, knowing the same to 
have been stolen, unlawfully converted, or taken; or
    Whoever receives, possesses, conceals, stores, barters, 
sells, or disposes of any falsely made, forged, altered, or 
counterfeited securities or tax stamps, or pledges or accepts 
as security for a loan any falsely made, forged, altered, or 
counterfeited securities or tax stamps, moving as, or which are 
a part of, or which constitute interstate or foreign commerce, 
knowing the same to have been so falsely made, forged, altered, 
or counterfeited; or
    Whoever receives in interstate or foreign commerce, or 
conceals, stores, barters, sells, or disposes of, any tool, 
implement, or thing used or intended to be used in falsely 
making, forging, altering, or counterfeiting any security or 
tax stamp, or any part thereof, moving as, or which is a part 
of, or which constitutes interstate or foreign commerce, 
knowing that the same is fitted to be used, or has been used, 
in falsely making, forging, altering, or counterfeiting any 
security or tax stamp, or any part thereof--
    Shall be fined under this title or imprisoned not more than 
ten years, or both.
    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.
    This section shall not apply to any falsely made, forged, 
altered, counterfeited, or spurious representation of an 
obligation or other security of the United States or of an 
obligation, bond, certificate, security, treasury note, bill, 
promise to pay, or bank note, issued by any foreign government. 
This section also shall not apply to any falsely made, forged, 
altered, counterfeited, or spurious representation of any bank 
note or bill issued by a bank or corporation of any foreign 
country which is intended by the laws or usage of such country 
to circulate as money.
    For purposes of this section, the term ``State'' includes a 
State of the United States, the District of Columbia, and any 
commonwealth, territory, or possession of the United States.

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   CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND 
INTERCEPTION OF ORAL COMMUNICATIONS

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Sec. 2516(1). Transportation of stolen goods, securities, moneys, 
                    fraudulent State tax stamps, or articles used in 
                    counterfeiting

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    (1) The Attorney General, Deputy Attorney General, 
Associate Attorney General, or any Assistant Attorney General, 
any acting Assistant Attorney General, or any Deputy Assistant 
Attorney General or acting Deputy Assistant Attorney General in 
the Criminal Division or National Security Division specially 
designated by the Attorney General, may authorize an 
application to a Federal judge of competent jurisdiction for, 
and such judge may grant in conformity with section 2518 of 
this chapter an order authorizing or approving the interception 
of wire or oral communications by the Federal Bureau of 
Investigation, or a Federal agency having responsibility for 
the investigation of the offense as to which the application is 
made, when such interception may provide or has provided 
evidence of--
    * * *
    (r) any criminal violation of section 1 (relating to 
illegal restraints of trade or commerce), 2 (relating to 
illegal monopolizing of trade or commerce), or 3 (relating to 
illegal restraints of trade or commerce in territories or the 
District of Columbia) of the Sherman Act (15 U.S.C. 1, 2, 3); 
[or]
    (s) any violation of section 670 (relating to theft of 
medical products); or
    (t) any conspiracy to commit any offense described in any 
subparagraph of this paragraph.

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                      PART II--CRIMINAL PROCEDURE

CHAPTER 232--MISCELLANEOUS SENTENCING PROVISIONS

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Sec. 3663A(c)(1)(A). Mandatory restitution to victims of certain crimes

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    * * *
    (c)
          (1) This section shall apply in all sentencing 
        proceedings for convictions of, or plea agreements 
        relating to charges for, any offense--
                  (A) that is--
                          (i) a crime of violence, as defined 
                        in section 16;
                          (ii) an offense against property 
                        under this title, or under section 
                        416(a) of the Controlled Substances Act 
                        (21 U.S.C. 856 (a)), including any 
                        offense committed by fraud or deceit; 
                        [or]
                          (iii) an offense described in section 
                        1365 (relating to tampering with 
                        consumer products); [and] or
                          (iv) an offense under section 670 
                        (relating to theft of medical 
                        products); and
                  (B) in which an identifiable victim or 
                victims has suffered a physical injury or 
                pecuniary loss.