112TH CONGRESS 

2D SESSION S. 1886 

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, 
2 

†S 1886 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Counterfeit Drug Pen3 alty Enhancement Act of 2011’’. 

4 SEC. 2. COUNTERFEIT DRUG PREVENTION. 

5 Section 2320(b) of title 18, United States Code, is 

6 amended— 

7 (1) by redesignating paragraphs (2) and (3) as 

8 paragraphs (3) and (4), respectively; and 

9 (2) by inserting after paragraph (1) the fol10 lowing: 

11 ‘‘(2) COUNTERFEIT DRUGS.— 

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

13 offense under subsection (a) with respect to a 

14 drug (as defined in section 201 of the Federal 

15 Food, Drug, and Cosmetic Act (21 U.S.C. 

16 321)) shall— 

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

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

19 than 20 years, or both; and 

20 ‘‘(ii) if a person other than an indi21 vidual, be fined not more than 

22 $10,000,000. 

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

24 of an offense by a person under this paragraph 

25 that occurs after that person is convicted of an-
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†S 1886 ES

1 other offense under this paragraph, the person 

2 convicted— 

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

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

5 more than 20 years, or both; and 

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

7 be fined not more than $20,000,000.’’. 

8 SEC. 3. SENTENCING COMMISSION DIRECTIVE. 

9 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pur10 suant to its authority under section 994(p) of title 28, 

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

12 the United States Sentencing Commission shall review and 

13 amend, if appropriate, its guidelines and its policy state14 ments applicable to persons convicted of an offense de15 scribed in section 2320(b)(2) of title 18, United States 

16 Code, as amended by section 2, in order to reflect the in17 tent of Congress that such penalties be increased in com18 parison to those currently provided by the guidelines and 

19 policy statements. 

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

21 the Commission shall— 

22 (1) ensure that the sentencing guidelines and 

23 policy statements reflect the intent of Congress that 

24 the guidelines and policy statements reflect the seri25 ous nature of the offenses described in subsection 
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†S 1886 ES

1 (a) and the need for an effective deterrent and ap2 propriate punishment to prevent such offenses; 

3 (2) consider the extent to which the guidelines 

4 may or may not appropriately account for the poten5 tial and actual harm to the public resulting from the 

6 offense; 

7 (3) assure reasonable consistency with other 

8 relevant directives and with other sentencing guide9 lines; 

10 (4) account for any additional aggravating or 

11 mitigating circumstances that might justify excep12 tions to the generally applicable sentencing ranges; 

13 (5) make any necessary conforming changes to 

14 the sentencing guidelines; and 

15 (6) assure that the guidelines adequately meet 

16 the purposes of sentencing as set forth in section 

17 3553(a)(2) of title 18, United States Code. 

Passed the Senate March 6, 2012. 

Attest: 

Secretary. 

112TH CONGRESS 

2D SESSION S. 1886 

AN ACT 

To prevent trafficking in counterfeit drugs.