IB 

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. SA ́NCHEZ 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. LUJA ́N, 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] 


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•HR 3668 RH

A BILL 

To prevent trafficking in counterfeit drugs. 


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•HR 3668 RH

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Counterfeit Drug Pen5 alty Enhancement Act of 2011’’. 

6 SEC. 2. COUNTERFEIT DRUG PREVENTION. 

7 Section 2320(a) of title 18, United States Code, is 

8 amended— 

9 (1) by redesignating paragraph (2) as para10 graph (3); 

11 (2) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) COUNTERFEIT DRUGS.— 

14 ‘‘(A) IN GENERAL.—Whoever commits an 

15 offense in violation of paragraph (1) with re16 spect to a drug (as defined in section 201 of the 

17 Federal Food, Drug, and Cosmetic Act (21 

18 U.S.C. 321)) shall— 

19 ‘‘(i) if an individual, be fined not more 

20 than $4,000,000, imprisoned for not more 

21 than 20 years, or both; and 

22 ‘‘(ii) if a person other than an indi23 vidual, be fined not more than 

24 $10,000,000. 


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•HR 3668 RH

1 ‘‘(B) MULTIPLE OFFENSES.—In the case 

2 of an offense by a person under this paragraph 

3 that occurs after that person is convicted of an4 other offense under this paragraph, the person 

5 convicted— 

6 ‘‘(i) if an individual, shall be fined not 

7 more than $8,000,000, imprisoned for not 

8 more than 20 years, or both; and 

9 ‘‘(ii) if other than an individual, shall 

10 be fined not more than $20,000,000.’’; and 

11 (3) in paragraph (3)(B), as redesignated, by 

12 striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph 

13 (1) or (2)’’. 

14 SEC. 3. RULE OF CONSTRUCTION. 

15 Nothing in this Act, or the amendments made by this 

16 Act, shall be construed to apply to a drug (as defined in 

17 section 201 of the Federal Food, Drug, and Cosmetic Act 

18 (21 U.S.C. 321)) solely because the drug is manufactured 

19 in or imported from a foreign country. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Counterfeit Drug Pen22 alty Enhancement Act of 2012’’. 

23 SEC. 2. COUNTERFEIT DRUG PENALTY ENHANCEMENT. 

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

25 States Code, is amended— 


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1 (1) by striking ‘‘or’’ at the end of paragraph (2); 

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

3 (3); 

4 (3) by inserting after paragraph (3) the fol5 lowing: 

6 ‘‘(4) imports, exports, or traffics in a counterfeit 

7 drug,’’; and 

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

9 ‘‘through (4)’’. 

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

11 States Code, is amended— 

12 (1) in the heading, by inserting ‘‘AND COUNTER13 FEIT DRUGS’’ after ‘‘SERVICES’’; and 

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

15 ‘‘service’’. 

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

17 States Code, is amended— 

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

19 (4); 

20 (2) by striking the period at the end of para21 graph (5) and inserting ‘‘; and’’; and 

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

23 ‘‘(6) the term ‘counterfeit drug’ has the meaning 

24 given that term in section 201 of the Federal Food, 

25 Drug, and Cosmetic Act.’’. 


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1 (d) PRIORITY GIVEN TO CERTAIN INVESTIGATIONS

2 AND PROSECUTIONS.—The Attorney General shall give in3 creased priority to efforts to investigate and prosecute of4 fenses under section 2320 of title 18, United States Code, 

5 that involve counterfeit drugs. 


sroberts on DSK5SPTVN1PROD with BILLS

sroberts on DSK5SPTVN1PROD with BILLS
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 Comand ordered to be printed mittee of the Whole House on the State of the Union, 


sroberts on DSK5SPTVN1PROD with BILLS