[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1002 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1002

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2011

 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. 
  Lautenberg) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


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

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

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 DOSES Act''.

SEC. 2. THEFT OF MEDICAL PRODUCTS.

    (a) In General.--Chapter 31 of title 18, United States Code, is 
amended by adding at the end the following:
``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, using any means or facility 
of interstate or foreign commerce, or in or affecting interstate or 
foreign commerce, to knowingly--
            ``(1) steal, take without authorization, embezzle, carry 
        away, or obtain 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 falsify the labeling or documentation (including 
        documentation relating to origination or shipping) of a stolen 
        or expired medical product.
    ``(c) Penalties.--
            ``(1) In general.--Any person that violates subsection 
        (b)--
                    ``(A) if the value of the medical product or 
                products is less than $5,000, shall be fined under this 
                title, imprisoned for not more than 3 years, or both; 
                and
                    ``(B) subject to paragraph (2), for any other 
                violation, shall be fined under this title, imprisoned 
                for not more than 20 years, or both.
            ``(2) Additional factors.--Any person that violates 
        subsection (b) shall be fined under this title and imprisoned 
        for 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 or has been 
                                stolen, with the intent to sell or 
                                distribute the medical product;
                                    ``(II) sells, or distributes, a 
                                medical 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 a manufacturer, wholesaler, 
                                repacker, own-label 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.''.
    (b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, United 
States Code, is amended by inserting ``670,'' after ``657,''.
    (c) Technical and Conforming Amendment.--The table of sections for 
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. PENALTIES FOR THEFT-RELATED OFFENSES.

    (a) Interstate or Foreign Shipments by Carrier.--Section 659 of 
title 18, United States Code, is amended in the fifth undesignated 
paragraph, by striking ``10 years'' and inserting ``20 years''.
    (b) Racketeering.--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''.
    (c) Breaking or Entering Carrier Facilities.--Section 2117 of title 
18, United States Code, is amended in the first undesignated paragraph 
by striking ``ten years'' and inserting ``20 years''.
    (d) Stolen Property.--Chapter 113 of title 18, United States Code, 
is amended--
            (1) in section 2314, in the sixth undesignated paragraph, 
        by striking ``ten years'' and inserting ``20 years''; and
            (2) in section 2315, in the fourth undesignated paragraph, 
        by striking ``ten years'' and inserting ``20 years''.

SEC. 4. AMENDMENT TO RICO.

    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''.

SEC. 5. AMENDMENT TO TITLE III.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) by redesignating paragraph (s) as paragraph (t); and
            (2) by inserting after paragraph (r) the following:
            ``(s) any violation of section 670 (relating to theft of 
        medical products).''.

SEC. 6. AMENDMENT TO ORDER OF 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. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION.

    Pursuant to its authority under section 994 of title 28, United 
States Code, and in accordance with this Act, the United States 
Sentencing Commission shall review and, if appropriate, amend the 
Federal Sentencing Guidelines and policy statements applicable to a 
person convicted of an offense under section 2118 of title 18, United 
States Code, 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.
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