[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5663 Enrolled Bill (ENR)]
H.R.5663
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
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.
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 ``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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.