[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3468 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3468

              To prevent trafficking in counterfeit drugs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 17, 2011

    Mr. Meehan (for himself and Ms. Linda T. Sanchez of California) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
              To prevent trafficking in counterfeit drugs.

    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 Penalty Enhancement 
Act of 2011''.

SEC. 2. COUNTERFEIT DRUG PREVENTION.

    Section 2320(a) of title 18, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3);
            (2) by inserting after paragraph (1) the following:
            ``(2) Counterfeit drugs.--
                    ``(A) In general.--Whoever commits an offense in 
                violation of paragraph (1) with respect to a drug (as 
                defined in section 201 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 321)) shall--
                            ``(i) if an individual, be fined not more 
                        than $4,000,000, imprisoned for life or for any 
                        term of years, or both; and
                            ``(ii) if a person other than an 
                        individual, be fined not more than $10,000,000.
                    ``(B) Multiple offenses.--In the case of an offense 
                by a person under this paragraph that occurs after that 
                person is convicted of another offense under this 
                paragraph, the person convicted--
                            ``(i) if an individual, shall be fined not 
                        more than $8,000,000, imprisoned for life or 
                        for any term of years, or both; and
                            ``(ii) if other than an individual, shall 
                        be fined not more than $20,000,000.''; and
            (3) in paragraph (3)(B), as redesignated, by striking 
        ``paragraph (1)'' and inserting ``paragraph (1) or (2)''.

SEC. 3. RULE OF CONSTRUCTION.

    Nothing in this Act, or the amendments made by this Act, shall be 
construed to apply to a drug (as defined in section 201 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 321)) solely because the drug 
is manufactured in or imported from a foreign country.
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