II 

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, and Mr. 

BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

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— 

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

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•S 1886 IS

1 (2) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) COUNTERFEIT DRUGS.— 

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

5 offense in violation of paragraph (1) with re6 spect to a drug (as defined in section 201 of the 

7 Federal Food, Drug, and Cosmetic Act (21 

8 U.S.C. 321)) shall— 

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

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

11 than 20 years, or both; and 

12 ‘‘(ii) if a person other than an indi13 vidual, be fined not more than 

14 $10,000,000. 

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

16 of an offense by a person under this paragraph 

17 that occurs after that person is convicted of an18 other offense under this paragraph, the person 

19 convicted— 

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

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

22 more than 20 years, or both; and 

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

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

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•S 1886 IS

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

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

3 (1) or (2)’’. 

4 SEC. 3. SENTENCING COMMISSION DIRECTIVE. 

5 (a) DIRECTIVE TO SENTENCING COMMISSION.—Pur6 suant to its authority under section 994(p) of title 28, 

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

8 the United States Sentencing Commission shall review and 

9 amend, if appropriate, its guidelines and its policy state10 ments applicable to persons convicted of an offense under 

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

12 order to reflect the intent of Congress that such penalties 

13 be increased in comparison to those currently provided by 

14 the guidelines and policy statements. 

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

16 the Commission shall— 

17 (1) ensure that the sentencing guidelines and 

18 policy statements reflect the intent of Congress that 

19 the guidelines and policy statements reflect the seri20 ous nature of the offenses described in subsection 

21 (a) and the need for an effective deterrent and ap22 propriate punishment to prevent such offenses; 

23 (2) consider the extent to which the guidelines 

24 may or may not appropriately account for the potenmstockstill on DSK4VPTVN1PROD with BILLS

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•S 1886 IS

1 tial and actual harm to the public resulting from the 

2 offense; 

3 (3) assure reasonable consistency with other 

4 relevant directives and with other sentencing guide5 lines; 

6 (4) account for any additional aggravating or 

7 mitigating circumstances that might justify excep8 tions to the generally applicable sentencing ranges; 

9 (5) make any necessary conforming changes to 

10 the sentencing guidelines; and 

11 (6) assure that the guidelines adequately meet 

12 the purposes of sentencing as set forth in section 

13 3553(a)(2) of title 18, United States Code. 

Æ 

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