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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Counterfeit Drug Pen3 alty Enhancement Act of 2012’’. 

4 SEC. 2. COUNTERFEIT DRUG PENALTY ENHANCEMENT. 

5 (a) OFFENSE.—Section 2320(a) of title 18, United 

6 States Code, is amended— 

7 (1) by striking ‘‘or’’ at the end of paragraph 

8 (2); 

9 (2) by inserting ‘‘or’’ at the end of paragraph 

10 (3); 

11 (3) by inserting after paragraph (3) the fol12 lowing: 

13 ‘‘(4) traffics in a counterfeit drug,’’; and 

14 (4) by striking ‘‘through (3)’’ and inserting 

15 ‘‘through (4)’’. 

16 (b) PENALTIES.—Section 2320(b)(3) of title 18, 

17 United States Code, is amended— 

18 (1) in the heading, by inserting ‘‘AND COUN19 TERFEIT DRUGS’’ after ‘‘SERVICES’’; and 

20 (2) by inserting ‘‘or counterfeit drug’’ after 

21 ‘‘service’’. 

22 (c) DEFINITION.—Section 2320(f) of title 18, United 

23 States Code, is amended— 

24 (1) by striking ‘‘and’’ at the end of paragraph 

25 (4); 


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1 (2) by striking the period at the end of para2 graph (5) and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(6) the term ‘counterfeit drug’ means a drug, 

5 as defined by section 201 of the Federal Food, 

6 Drug, and Cosmetic Act, that uses a counterfeit 

7 mark on or in connection with the drug.’’. 

8 (d) PRIORITY GIVEN TO CERTAIN INVESTIGATIONS

9 AND PROSECUTIONS.—The Attorney General shall give in10 creased priority to efforts to investigate and prosecute of11 fenses under section 2320 of title 18, United States Code, 

12 that involve counterfeit drugs. 

13 SEC. 3. SENTENCING COMMISSION DIRECTIVE. 

14 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pur15 suant to its authority under section 994(p) of title 28, 

16 United States Code, and in accordance with this section, 

17 the United States Sentencing Commission shall review and 

18 amend, if appropriate, its guidelines and its policy state19 ments applicable to persons convicted of an offense de20 scribed in section 2320(a)(4) of title 18, United States 

21 Code, as amended by section 2, in order to reflect the in22 tent of Congress that such penalties be increased in com23 parison to those currently provided by the guidelines and 

24 policy statements. 


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1 (b) REQUIREMENTS.—In carrying out this section, 

2 the Commission shall— 

3 (1) ensure that the sentencing guidelines and 

4 policy statements reflect the intent of Congress that 

5 the guidelines and policy statements reflect the seri6 ous nature of the offenses described in subsection 

7 (a) and the need for an effective deterrent and ap8 propriate punishment to prevent such offenses; 

9 (2) consider the extent to which the guidelines 

10 may or may not appropriately account for the poten11 tial and actual harm to the public resulting from the 

12 offense; 

13 (3) assure reasonable consistency with other 

14 relevant directives and with other sentencing guide15 lines; 

16 (4) account for any additional aggravating or 

17 mitigating circumstances that might justify excep18 tions to the generally applicable sentencing ranges; 

19 (5) make any necessary conforming changes to 

20 the sentencing guidelines; and 


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1 (6) assure that the guidelines adequately meet 

2 the purposes of sentencing as set forth in section 

3 3553(a)(2) of title 18, United States Code. 

Passed the House of Representatives June 18, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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