S.Amdt. 2139

1. Adds Subtitle D--Theft of Medical Products SEC. 1141. SHORT TITLE at the end of title XI

   Adds a section

   In S. 3187 · Placed on Calendar Senate

   "(b) Financial Interest.--In this section, the term 'financial interest' means a financial interest under section 208(a) of title 18, United States Code.".

   Inserted: Subtitle D--Theft of Medical Products SEC. 1141. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Safe Doses Act".

   Inserted: SEC. 1142. THEFT OF MEDICAL PRODUCTS.

   Inserted: (a) Prohibited Conduct and Penalties.--Chapter 31 of title 18, United States Code, is amended by adding at the end the following:

   Inserted: "Sec. 670. Theft of medical products

   Inserted: "(a) Prohibited Conduct.--Whoever, in, or using any means or facility of, interstate or foreign commerce--

   Inserted: "(1) embezzles, steals, or by fraud or deception obtains, or knowingly and unlawfully takes, carries away, or conceals, a pre-retail medical product;

   Inserted: "(2) knowingly and falsely makes, alters, forges, or counterfeits the labeling or documentation (including documentation relating to origination or shipping) of a pre-retail medical product;

   Inserted: "(3) knowingly possesses, transports, or traffics in a pre-retail medical product that was involved in a violation of paragraph (1) or (2);

   Inserted: "(4) with intent to defraud, buys, or otherwise obtains, a pre-retail medical product that has expired or been stolen;

   Inserted: "(5) with intent to defraud, sells, or distributes, a pre-retail medical product that is expired or stolen; or

   Inserted: "(6) attempts or conspires to violate any of paragraphs (1) through (5); shall be punished as provided in subsection (c) and subject to the other sanctions provided in this section.

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   Inserted: "(b) Aggravated Offenses.--An offense under this section is an aggravated offense if--

   Inserted: "(1) the defendant is employed by, or is an agent of, an organization in the supply chain for the pre-retail medical product; or

   Inserted: "(2) the violation--

   Inserted: "(A) involves the use of violence, force, or a threat of violence or force;

   Inserted: "(B) involves the use of a deadly weapon;

   Inserted: "(C) results in serious bodily injury or death, including serious bodily injury or death resulting from the use of the medical product involved; or

   Inserted: "(D) is subsequent to a prior conviction for an offense under this section.

   Inserted: "(c) Criminal Penalties.--Whoever violates subsection (a)--

   Inserted: "(1) if the offense is an aggravated offense under subsection (b)((2)(C), shall be fined under this title or imprisoned not more than 30 years, or both;

   Inserted: "(2) if the value of the medical products involved in the offense is $5,000 or greater, shall be fined under this title, imprisoned for not more than 15 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 20 years; and

   Inserted: "(3) in any other case, shall be fined under this title, imprisoned for not more than 3 years, or both, but if the offense is an aggravated offense other than one under subsection (b)(2)(C), the maximum term of imprisonment is 5 years.

   Inserted: "(d) Civil Penalties.--Whoever violates subsection (a) is subject to a civil penalty in an amount not more than the greater of--

   Inserted: "(1) three times the economic loss attributable to the violation; or

   Inserted: "(2) $1,000,000.

   Inserted: "(e) Definitions.--In this section--

   Inserted: "(1) the term 'pre-retail medical product' means a medical product that has not yet been made available for retail purchase by a consumer;

   Inserted: "(2) the term 'medical product' means a drug, biological product, device, medical food, or infant formula;

   Inserted: "(3) the terms 'device', 'drug', 'infant formula', and 'labeling' have, respectively, the meanings given those terms in section 201 of the Federal Food, Drug, and Cosmetic Act;

   Inserted: "(4) the term 'biological product' has the meaning given the term in section 351 of the Public Health Service Act;

   Inserted: "(5) the term 'medical food' has the meaning given the term in section 5(b) of the Orphan Drug Act; and

   Inserted: "(6) the term 'supply chain' includes manufacturer, wholesaler, repacker, own-labeled distributor, private-label distributor, jobber, broker, drug trader, transportation company, hospital, pharmacy, or security company.".

   Inserted: (b) Clerical Amendment.--The table of sections at the beginning of chapter 31 of title 18, United States Code, is amended by adding after the item relating to section 669 the following:

   Inserted: "670. Theft of medical products.".

   Inserted: SEC. 1143. CIVIL FORFEITURE.

   Inserted: Section 981(a)(1)(C) of title 18, United States Code, is amended by inserting "670," after "657,".

   Inserted: SEC. 1144. PENALTIES FOR THEFT-RELATED OFFENSES.

   Inserted: (a) Interstate or Foreign Shipments by Carrier.--Section 659 of title 18, United States Code, is amended by adding at the end of the fifth undesignated paragraph the following: "If the offense involves a pre-retail medical product (as defined in section 670), it shall be punished under section 670 unless the penalties provided for under this section are greater.".

   Inserted: (b) Racketeering.--

   Inserted: (1) Travel act violations.--Section 1952 of title 18, United States Code, is amended by adding that the end the following:

   Inserted: "(d) If the offense under this section involves an act described in paragraph (1) or (3) of subsection (a) and also involves a pre-retail medical product (as defined in section 670), the punishment for the offense shall be the same as the punishment for an offense under section 670, unless the punishment under subsection (a) is greater.".

   Inserted: (2) Money laundering.--Section 1957(b)(1) of title 18, United States Code, is amended by adding at the end the following: "If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this subsection is greater."

   Inserted: (c) Breaking or Entering Carrier Facilities.--Section 2117 of title 18, United States Code, is amended by adding at the end of the first undesignated paragraph the following: "If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.".

   Inserted: (d) Stolen Property.--

   Inserted: (1) Transportation of stolen goods and related offenses.--Section 2314 of title 18, United States Code, is amended by adding at the end of the sixth undesignated paragraph the following: "If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.".

   Inserted: (2) Sale or receipt of stolen goods and related offenses.--Section 2315 of title 18, United States Code, is amended by adding at the end of the fourth undesignated paragraph the following: "If the offense involves a pre-retail medical product (as defined in section 670) the punishment for the offense shall be the same as the punishment for an offense under section 670 unless the punishment under this section is greater.".

   Inserted: SEC. 1145. INCLUSION OF NEW OFFENSE AS RICO PREDICATE.

   Inserted: 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".

   Inserted: SEC. 1146. AMENDMENT TO EXTEND WIRETAPPING AUTHORITY TO NEW OFFENSE.

   Inserted: Section 2516(1) of title 18, United States Code, is amended--

   Inserted: (1) by redesignating paragraph (s) as paragraph (t);

   Inserted: (2) by striking "or" at the end of paragraph (r); and

   Inserted: (3) by inserting after paragraph (r) the following:

   Inserted: "(s) any violation of section 670 (relating to theft of medical products); or".

   Inserted: SEC. 1147. REQUIRED RESTITUTION.

   Inserted: Section 3663A(c)(1)(A) of title 18, United States Code, is amended--

   Inserted: (1) in clause (ii), by striking "or" at the end;

   Inserted: (2) in clause (iii), by striking "and" at the end and inserting "or"; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(iv) an offense under section 670 (relating to theft of medical products); and".

   Inserted: SEC. 1148. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

   Inserted: (a) In General.--Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 670 of title 18, United States Code, as added by this Act, section 2118 of title 18, United States Code, or any another section of title 18, United States Code, amended by this Act, to reflect the intent of Congress that penalties for such offenses be sufficient to deter and punish such offenses, and appropriately account for the actual harm to the public from these offenses.

   Inserted: (b) Requirements.--In carrying out this section, the United States Sentencing Commission shall--

   Inserted: (1) consider the extent to which the Federal sentencing guidelines and policy statements appropriately reflect--

   Inserted: (A) the serious nature of such offenses;

   Inserted: (B) the incidence of such offenses; and

   Inserted: (C) the need for an effective deterrent and appropriate punishment to prevent such offenses;

   Inserted: (2) consider establishing a minimum offense level under the Federal sentencing guidelines and policy statements for offenses covered by this Act;

   Inserted: (3) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;

   Inserted: (4) ensure reasonable consistency with other relevant directives, Federal sentencing guidelines and policy statements;

   Inserted: (5) make any necessary conforming changes to the Federal sentencing guidelines and policy statements; and

   Inserted: (6) ensure that the Federal sentencing guidelines and policy statements adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code.

   Original wording

   At the end of title XI, add the following:

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As printed