[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5663 Engrossed Amendment Senate (EAS)]
<DOC>
In the Senate of the United States,
December 8, 2020.
Resolved, That the bill from the House of Representatives (H.R.
5663) entitled ``An Act to amend the Federal Food, Drug, and Cosmetic
Act to give authority to the Secretary of Health and Human Services,
acting through the Commissioner of Food and Drugs, to destroy
counterfeit devices.'', do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Therapeutics Act''.
SEC. 2. AUTHORITY TO DESTROY COUNTERFEIT DEVICES.
(a) In General.--Section 801(a) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 381(a)) is amended--
(1) in the fourth sentence, by inserting ``or counterfeit
device'' after ``counterfeit drug''; and
(2) by striking ``The Secretary of the Treasury shall cause
the destruction of'' and all that follows through ``liable for
costs pursuant to subsection (c).'' and inserting the
following: ``The Secretary of the Treasury shall cause the
destruction of any such article refused admission unless such
article is exported, under regulations prescribed by the
Secretary of the Treasury, within 90 days of the date of notice
of such refusal or within such additional time as may be
permitted pursuant to such regulations, except that the
Secretary of Health and Human Services may destroy, without the
opportunity for export, any drug or device refused admission
under this section, if such drug or device is valued at an
amount that is $2,500 or less (or such higher amount as the
Secretary of the Treasury may set by regulation pursuant to
section 498(a)(1) of the Tariff Act of 1930 (19 U.S.C.
1498(a)(1))) and was not brought into compliance as described
under subsection (b). The Secretary of Health and Human
Services shall issue regulations providing for notice and an
opportunity to appear before the Secretary of Health and Human
Services and introduce testimony, as described in the first
sentence of this subsection, on destruction of a drug or device
under the seventh sentence of this subsection. The regulations
shall provide that prior to destruction, appropriate due
process is available to the owner or consignee seeking to
challenge the decision to destroy the drug or device. Where the
Secretary of Health and Human Services provides notice and an
opportunity to appear and introduce testimony on the
destruction of a drug or device, the Secretary of Health and
Human Services shall store and, as applicable, dispose of the
drug or device after the issuance of the notice, except that
the owner and consignee shall remain liable for costs pursuant
to subsection (c).''.
(b) Definition.--Section 201(h) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 321(h)) is amended--
(1) by redesignating subparagraphs (1), (2), and (3) as
clauses (A), (B), and (C), respectively; and
(2) after making such redesignations--
(A) by striking ``(h) The term'' and inserting
``(h)(1) The term''; and
(B) by adding at the end the following:
``(2) The term `counterfeit device' means a device which, or the
container, packaging, or labeling of which, without authorization,
bears a trademark, trade name, or other identifying mark or imprint, or
any likeness thereof, or is manufactured using a design, of a device
manufacturer, processor, packer, or distributor other than the person
or persons who in fact manufactured, processed, packed, or distributed
such device and which thereby falsely purports or is represented to be
the product of, or to have been packed or distributed by, such other
device manufacturer, processor, packer, or distributor.''.
Attest:
Secretary.
116th CONGRESS
2d Session
H.R. 5663
_______________________________________________________________________
AMENDMENT