,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #effc  ,,in ,,the ,,house ,,of  
,,representatives  ,january #ba1        
#bjbj,mr4 ,guthrie 7for himself and ,mr4
 ,engel7 introduced the following bill2 
which was referred to the ,committee on 
,energy and ,commerce  ,a ,,bill  ,to   
amend the ,federal ,food1 ,drug1 and    
,cosmetic ,act to give authority to the 
,secretary of ,health and ,human        
,services1 acting through the           
,commissioner of ,food and ,drugs1 to   
destroy counterfeit devices4  #a4 ,short
 title ,this ,act may be cited as the   
,safeguarding ,therapeutics ,act4  #b4  
,authority to destroy counterfeit       
devices ,section #hja7;a7 of the        
,federal ,food1 ,drug1 and ,cosmetic    
,act 7#ba ,u4,s4,c4 #cha7;a77 is        
amended--  7#a7 in the fourth sentence  
insert or counterfeit device after      
counterfeit drug2 and  7#b7 by striking 
,the ,secretary of the ,treasury shall  
cause the destruction of and all that   
follows through liable for costs        

pursuant to subsection 7c74 and         
inserting the following3 ,the ,secretary
 of the ,treasury shall cause the       
destruction of any such article refused 
admission unless such article is        
exported1 under regulations prescribed  
by the ,secretary of the ,treasury1     
within ninety days of the date of notice
 of such refusal or within such         
additional time as may be permitted     
pursuant to such regulations1 except    
that the ,secretary of ,health and      
,human ,services may destroy1 without   
the opportunity for export1 any drug or 
device refused admission under this     
section1 if such drug or device is      
valued at an amount that is #b1ejj or   
less 7or such higher amount as the      
,secretary of the ,treasury may set by  
regulation pursuant to section          
#dih7;a77#a7 of the ,tariff ,act of     
#aicj 7#ai ,u4,s4,c4 #adih7;a77#a777 and
 was not brought into compliance as     
described under subsection 7b74 ,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 testimony1 as described in the
 first sentence of this subsection1 on  
destruction of a drug or device under   
the seventh sentence of this subsection4
 ,the regulations shall provide that    
prior to destruction1 appropriate due   
process is available to the owner or    
consignee seeking to challenge the      
decision to destroy the drug or device4 
,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 device1 the ,secretary of ,health and
 ,human ,services shall store and1 as   
applicable1 dispose of the drug or      
device after the issuance of the notice1
 except that the owner and consignee    
shall remain liable for costs pursuant  
to subsection 7c744