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Calendar No. 253 

112TH CONGRESS 

1ST SESSION S. 1886 

To prevent trafficking in counterfeit drugs. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2011 

Mr. LEAHY (for himself, Mr. GRASSLEY, Mr. BENNET, Mr. BLUMENTHAL, 

Mr. WHITEHOUSE, Mrs. FEINSTEIN, Mr. COONS, Mr. KYL, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

DECEMBER 8, 2011 

Reported by Mr. LEAHY, without amendment 

A BILL 

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, 

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— 


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•S 1886 RS

1 (1) by redesignating paragraph (2) as para2 graph (3); 

3 (2) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) COUNTERFEIT DRUGS.— 

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

7 offense in violation of paragraph (1) with re8 spect to a drug (as defined in section 201 of the 

9 Federal Food, Drug, and Cosmetic Act (21 

10 U.S.C. 321)) shall— 

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

12 than $4,000,000, imprisoned not more 

13 than 20 years, or both; and 

14 ‘‘(ii) if a person other than an indi15 vidual, be fined not more than 

16 $10,000,000. 

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

18 of an offense by a person under this paragraph 

19 that occurs after that person is convicted of an20 other offense under this paragraph, the person 

21 convicted— 

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

23 more than $8,000,000, imprisoned not 

24 more than 20 years, or both; and 


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

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

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

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

5 (1) or (2)’’. 

6 SEC. 3. SENTENCING COMMISSION DIRECTIVE. 

7 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pur8 suant to its authority under section 994(p) of title 28, 

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

10 the United States Sentencing Commission shall review and 

11 amend, if appropriate, its guidelines and its policy state12 ments applicable to persons convicted of an offense under 

13 section 2320(a)(2) of title 18, United States Code, in 

14 order to reflect the intent of Congress that such penalties 

15 be increased in comparison to those currently provided by 

16 the guidelines and policy statements. 

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

18 the Commission shall— 

19 (1) ensure that the sentencing guidelines and 

20 policy statements reflect the intent of Congress that 

21 the guidelines and policy statements reflect the seri22 ous nature of the offenses described in subsection 

23 (a) and the need for an effective deterrent and ap24 propriate punishment to prevent such offenses; 


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1 (2) consider the extent to which the guidelines 

2 may or may not appropriately account for the poten3 tial and actual harm to the public resulting from the 

4 offense; 

5 (3) assure reasonable consistency with other 

6 relevant directives and with other sentencing guide7 lines; 

8 (4) account for any additional aggravating or 

9 mitigating circumstances that might justify excep10 tions to the generally applicable sentencing ranges; 

11 (5) make any necessary conforming changes to 

12 the sentencing guidelines; and 

13 (6) assure that the guidelines adequately meet 

14 the purposes of sentencing as set forth in section 

15 3553(a)(2) of title 18, United States Code. 


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Calendar No. 253 

112TH CONGRESS 

1ST SESSION S. 1886 

A BILL 

To prevent trafficking in counterfeit drugs. 

DECEMBER 8, 2011 

Reported without amendment 


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