IIB 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.

1.

Short title

This Act may be cited as the Counterfeit Drug Penalty Enhancement Act of 2012.

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.

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. Karen L. Haas, Clerk