[Congressional Record Volume 158, Number 36 (Tuesday, March 6, 2012)]
[Senate]
[Page S1431]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COUNTERFEIT DRUG PENALTY ENHANCEMENT ACT OF 2011
Mr. DURBIN. I ask unanimous consent that the Senate proceed to the
consideration of Calendar No. 253, S. 1886.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1886) to prevent trafficking in counterfeit
drugs.
There being no objection, the Senate proceeded to consider the bill.
Mr. LEAHY. Mr. President, I am pleased that the Senate will act today
to combat the increasing problem of counterfeit pharmaceuticals. I
thank Senators Grassley and Bennet, and the other cosponsors, along
with the bipartisan sponsors of the House companion bill. This is
important legislation to deter the influx of counterfeit medication.
The bill will not only support the American economy and job creation by
protecting American intellectual property, but it will protect the
health and safety of American consumers.
The illegal counterfeit pharmaceutical trade is a multi-billion
dollar criminal industry. The Alliance for Safe Online Pharmacies wrote
in support of this legislation that ``criminals are drawn to
counterfeit drugs because of the significantly higher profits in
comparison to the very low risks and penalties.''
We cannot allow the counterfeiting of life-saving medicine to be just
one more low-risk venture from which international organized criminals
can profit. The Counterfeit Drug Penalty Enhancement Act raises the
maximum sentences for trafficking in counterfeit pharmaceutical
products and requires the United States Sentencing Commission to
consider amending its guidelines to account for the harm to the public
and need for an effective deterrent.
We should not expect that enactment of this or any legislation will
completely deter the serious problem of counterfeit medication entering
the American supply chain, but it is an important step in the fight.
Passage of this legislation today by the Senate is also evidence that
Congress can work together in a bipartisan manner to protect American
consumers and promote American industries. I urge the House of
Representatives to act quickly on this legislation and send it to the
President's desk.
Mr. DURBIN. Mr. President, I ask unanimous consent that the Leahy-
Grassley substitute amendment at the desk be agreed to; the bill, as
amended, be read a third time, and the Senate proceed to vote on the
passage of the bill, as amended.
The amendment (No. 1808) was agreed to, as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
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.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The question is on passage of the bill.
The bill (S. 1886), as amended, was passed.
Mr. DURBIN. I ask unanimous consent that the motion to reconsider be
laid upon the table, with no intervening action or debate, and any
statements related to the bill be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________