[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.

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