[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3668 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 3668


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2012

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
              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 2012''.

SEC. 2. COUNTERFEIT DRUG PENALTY ENHANCEMENT.

    (a) Offense.--Section 2320(a) of title 18, United States Code, is 
amended--
            (1) by striking ``or'' at the end of paragraph (2);
            (2) by inserting ``or'' at the end of paragraph (3);
            (3) by inserting after paragraph (3) the following:
            ``(4) traffics in a counterfeit drug,''; and
            (4) by striking ``through (3)'' and inserting ``through 
        (4)''.
    (b) Penalties.--Section 2320(b)(3) of title 18, United States Code, 
is amended--
            (1) in the heading, by inserting ``and counterfeit drugs'' 
        after ``services''; and
            (2) by inserting ``or counterfeit drug'' after ``service''.
    (c) Definition.--Section 2320(f) of title 18, United States Code, 
is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(6) the term `counterfeit drug' means a drug, as defined 
        by section 201 of the Federal Food, Drug, and Cosmetic Act, 
        that uses a counterfeit mark on or in connection with the 
        drug.''.
    (d) Priority Given to Certain Investigations and Prosecutions.--The 
Attorney General shall give increased priority to efforts to 
investigate and prosecute offenses under section 2320 of title 18, 
United States Code, that involve counterfeit drugs.

SEC. 3. SENTENCING COMMISSION DIRECTIVE.

    (a) Directive to Sentencing Commission.--Pursuant to its authority 
under section 994(p) of title 28, United States Code, and in accordance 
with this section, the United States Sentencing Commission shall review 
and amend, if appropriate, its guidelines and its policy statements 
applicable to persons convicted of an offense described in section 
2320(a)(4) of title 18, United States Code, as amended by section 2, in 
order to reflect the intent of Congress that such penalties be 
increased in comparison to those currently provided by the guidelines 
and policy statements.
    (b) Requirements.--In carrying out this section, the Commission 
shall--
            (1) ensure that the sentencing guidelines and policy 
        statements reflect the intent of Congress that the guidelines 
        and policy statements reflect the serious nature of the 
        offenses described in subsection (a) and the need for an 
        effective deterrent and appropriate punishment to prevent such 
        offenses;
            (2) consider the extent to which the guidelines may or may 
        not appropriately account for the potential and actual harm to 
        the public resulting from the offense;
            (3) assure reasonable consistency with other relevant 
        directives and with other sentencing guidelines;
            (4) account for any additional aggravating or mitigating 
        circumstances that might justify exceptions to the generally 
        applicable sentencing ranges;
            (5) make any necessary conforming changes to the sentencing 
        guidelines; and
            (6) assure that the guidelines adequately meet the purposes 
        of sentencing as set forth in section 3553(a)(2) of title 18, 
        United States Code.

            Passed the House of Representatives June 18, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.