[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3668 Reported in House (RH)]

                                                 Union Calendar No. 385
112th CONGRESS
  2d Session
                                H. R. 3668

                          [Report No. 112-537]

              To prevent trafficking in counterfeit drugs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 14, 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

                             June 18, 2012

Additional sponsors: Mr. Schock, Mr. Gene Green of Texas, Mr. Cravaack, 
 Mrs. Lummis, Mr. Gerlach, Mr. Yoder, Mr. Stivers, Mr. Culberson, Mr. 
 Smith of New Jersey, Mr. King of New York, Mr. McCaul, Mr. Daniel E. 
     Lungren of California, Mr. Gowdy, Mr. Roskam, Mr. Tipton, Mr. 
 Whitfield, Mr. Marino, Mr. Johnson of Ohio, Mr. Kelly, Mr. Barletta, 
 Mr. Issa, Mr. Young of Florida, Mr. Kinzinger of Illinois, Mr. Grimm, 
   Mr. Guthrie, Mr. Burgess, Mr. Barrow, Mr. Carson of Indiana, Mr. 
     Courtney, Mrs. Davis of California, Mr. Lujan, and Mr. Crowley

                             June 18, 2012

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]


_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Counterfeit Drug Penalty 
Enhancement Act of 2011''.</DELETED>

<DELETED>SEC. 2. COUNTERFEIT DRUG PREVENTION.</DELETED>

<DELETED>    Section 2320(a) of title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by redesignating paragraph (2) as paragraph 
        (3);</DELETED>
        <DELETED>    (2) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) Counterfeit drugs.--</DELETED>
                <DELETED>    ``(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--
                </DELETED>
                        <DELETED>    ``(i) if an individual, be fined 
                        not more than $4,000,000, imprisoned for not 
                        more than 20 years, or both; and</DELETED>
                        <DELETED>    ``(ii) if a person other than an 
                        individual, be fined not more than 
                        $10,000,000.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) if an individual, shall be 
                        fined not more than $8,000,000, imprisoned for 
                        not more than 20 years, or both; and</DELETED>
                        <DELETED>    ``(ii) if other than an 
                        individual, shall be fined not more than 
                        $20,000,000.''; and</DELETED>
        <DELETED>    (3) in paragraph (3)(B), as redesignated, by 
        striking ``paragraph (1)'' and inserting ``paragraph (1) or 
        (2)''.</DELETED>

<DELETED>SEC. 3. RULE OF CONSTRUCTION.</DELETED>

<DELETED>    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.</DELETED>

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) imports, exports, or 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' has the meaning given 
        that term in section 201 of the Federal Food, Drug, and 
        Cosmetic Act.''.
    (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.
                                                 Union Calendar No. 385

112th CONGRESS

  2d Session

                               H. R. 3668

                          [Report No. 112-537]

_______________________________________________________________________

                                 A BILL

              To prevent trafficking in counterfeit drugs.

_______________________________________________________________________

                             June 18, 2012

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed