[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5663 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5663
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.
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IN THE HOUSE OF REPRESENTATIVES
January 21, 2020
Mr. Guthrie (for himself and Mr. Engel) introduced the following bill;
which was referred to the Committee on Energy and Commerce
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A BILL
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.
Section 801(a) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 381(a)) is amended--
(1) in the fourth sentence insert ``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 ninety 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).''.
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