SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Counterfeit Drug Pen-
alty Enhancement Act of 2012’’. 
SEC. 2. COUNTERFEIT DRUG PENALTY ENHANCEMENT. 
(a) OFFENSE.—Section 2320(a) of title 18, United 
States Code, is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(2); 
(2) by inserting ‘‘or’’ at the end of paragraph 
(3); 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) traffics in a counterfeit drug,’’; and 
(4) by striking ‘‘through (3)’’ and inserting 
‘‘through (4)’’. 
(b) PENALTIES.—Section 2320(b)(3) of title 18, 
United States Code, is amended— 
(1) in the heading, by inserting ‘‘AND COUN-
TERFEIT DRUGS’’ after ‘‘SERVICES’’; and 
(2) by inserting ‘‘or counterfeit drug’’ after 
‘‘service’’. 
(c) DEFINITION.—Section 2320(f) of title 18, United 
States Code, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(4);
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) the term ‘counterfeit drug’ means a drug, 
as defined by section 201 of the Federal Food, 
Drug, and Cosmetic Act, that uses a counterfeit 
mark on or in connection with the drug.’’. 
(d) PRIORITY GIVEN TO CERTAIN INVESTIGATIONS 
AND PROSECUTIONS.—The Attorney General shall give in-
creased priority to efforts to investigate and prosecute of-
fenses under section 2320 of title 18, United States Code, 
that involve counterfeit drugs. 
SEC. 3. SENTENCING COMMISSION DIRECTIVE. 
(a) DIRECTIVE TO SENTENCING COMMISSION.—Pur-
suant to its authority under section 994(p) of title 28, 
United States Code, and in accordance with this section, 
the United States Sentencing Commission shall review and 
amend, if appropriate, its guidelines and its policy state-
ments applicable to persons convicted of an offense de-
scribed in section 2320(a)(4) of title 18, United States 
Code, as amended by section 2, in order to reflect the in-
tent of Congress that such penalties be increased in com-
parison to those currently provided by the guidelines and 
policy statements.
(b) REQUIREMENTS.—In carrying out this section, 
the Commission shall— 
(1) ensure that the sentencing guidelines and 
policy statements reflect the intent of Congress that 
the guidelines and policy statements reflect the seri-
ous nature of the offenses described in subsection 
(a) and the need for an effective deterrent and ap-
propriate punishment to prevent such offenses; 
(2) consider the extent to which the guidelines 
may or may not appropriately account for the poten-
tial and actual harm to the public resulting from the 
offense; 
(3) assure reasonable consistency with other 
relevant directives and with other sentencing guide-
lines; 
(4) account for any additional aggravating or 
mitigating circumstances that might justify excep-
tions to the generally applicable sentencing ranges; 
(5) make any necessary conforming changes to 
the sentencing guidelines; and
(6) assure that the guidelines adequately meet 
the purposes of sentencing as set forth in section 
3553(a)(2) of title 18, United States Code. 
Passed the House of Representatives June 18, 2012. 
Attest: 
Clerk.
112TH CONGRESS 
2D SESSION 
H. R. 3668 
AN ACT 
To prevent trafficking in counterfeit drugs.