[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1886 Referred in House (RFH)]

112th CONGRESS
  2d Session
                                S. 1886


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2012

               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 2011''.

SEC. 2. COUNTERFEIT DRUG PREVENTION.

    Section 2320(b) of title 18, United States Code, is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Counterfeit drugs.--
                    ``(A) In general.--Whoever commits an offense under 
                subsection (a) 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 not more than 20 
                        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 not more than 
                        20 years, or both; and
                            ``(ii) if other than an individual, shall 
                        be fined not more than $20,000,000.''.

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(b)(2) 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 Senate March 6, 2012.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.