S 1002

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.

END