[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5156 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5156

   To amend the Federal Food, Drug, and Cosmetic Act with respect to 
               counterfeit drugs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2006

   Mr. Rogers of Michigan (for himself and Mr. Gene Green of Texas) 
 introduced the following bill; which was referred to the Committee on 
Energy and Commerce, and in addition to the Committee on the Judiciary, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Food, Drug, and Cosmetic Act with respect to 
               counterfeit drugs, 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 ``Counterfeit Drug Prevention Act of 
2006''.

SEC. 2. PENALTIES REGARDING COUNTERFEIT DRUGS.

    Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 333(a)) is amended by adding at the end the following paragraph:
    ``(3) Notwithstanding paragraph (1) or (2), any person who engages 
in any conduct described in section 301(i)(2) knowing that the conduct 
concerns the rendering of a drug as a counterfeit drug, or who engages 
in conduct described in section 301(i)(3) knowing that the conduct will 
cause a drug to be a counterfeit drug or knowing that a drug held, 
sold, or dispensed is a counterfeit drug, shall be fined in accordance 
with title 18, United States Code, or imprisoned not more than 20 
years, or both, except that if the use of the counterfeit drug by a 
consumer is the proximate cause of the death of the consumer, the term 
of imprisonment shall be any term of years or for life.''.

SEC. 3. OTHER CRIMINAL PENALTIES; CLARIFICATION REGARDING FINES.

    Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
333(a)) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``shall be 
                imprisoned'' and all that follows and inserting the 
                following: ``shall be fined in accordance with title 
                18, United States Code, or imprisoned not more than one 
                year, or both.''; and
                    (B) in paragraph (2), by striking ``shall be 
                imprisoned'' and all that follows and inserting the 
                following: ``shall be fined in accordance with title 
                18, United States Code, or imprisoned not more than 
                three years, or both.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), in the matter after and below 
                subparagraph (D), by striking ``shall be imprisoned'' 
                and all that follows an inserting the following: 
                ``shall be fined in accordance with title 18, United 
                States Code, or imprisoned not more than 10 years, or 
                both.''; and
                    (B) in paragraph (6), by striking ``shall be 
                imprisoned'' and all that follows an inserting the 
                following: ``shall be fined in accordance with title 
                18, United States Code, or imprisoned not more than 10 
                years, or both.''.
                                 <all>