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) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
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. ROS-
KAM, 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 Cali-
fornia, 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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A BILL 
To prevent trafficking in counterfeit drugs. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Counterfeit Drug Pen-
alty Enhancement Act of 2011’’. 
SEC. 2. COUNTERFEIT DRUG PREVENTION. 
Section 2320(a) of title 18, United States Code, is 
amended— 
(1) by redesignating paragraph (2) as para-
graph (3); 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) COUNTERFEIT DRUGS.— 
‘‘(A) IN GENERAL.—Whoever commits an 
offense in violation of paragraph (1) with re-
spect to a drug (as defined in section 201 of the 
Federal Food, Drug, and Cosmetic Act (21 
U.S.C. 321)) shall— 
‘‘(i) if an individual, be fined not more 
than $4,000,000, imprisoned for not more 
than 20 years, or both; and 
‘‘(ii) if a person other than an indi-
vidual,
be
fined
not
more
than 
$10,000,000. 
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‘‘(B) MULTIPLE OFFENSES.—In the case 
of an offense by a person under this paragraph 
that occurs after that person is convicted of an-
other offense under this paragraph, the person 
convicted— 
‘‘(i) if an individual, shall be fined not 
more than $8,000,000, imprisoned for not 
more than 20 years, or both; and 
‘‘(ii) if other than an individual, shall 
be fined not more than $20,000,000.’’; and 
(3) in paragraph (3)(B), as redesignated, by 
striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph 
(1) or (2)’’. 
SEC. 3. RULE OF CONSTRUCTION. 
Nothing in this Act, or the amendments made by this 
Act, shall be construed to apply to a drug (as defined in 
section 201 of the Federal Food, Drug, and Cosmetic Act 
(21 U.S.C. 321)) solely because the drug is manufactured 
in or imported from a foreign country. 
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— 
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(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) imports, exports, or 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 COUNTER-
FEIT 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’ has the meaning 
given that term in section 201 of the Federal Food, 
Drug, and Cosmetic Act.’’. 
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(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. 
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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 Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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20:40 Jun 18, 2012
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