H.R. 3468

Counterfeit Drug Penalty Enhancement Act of 2011

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I

112th CONGRESS

1st Session

H. R. 3468

IN THE HOUSE OF REPRESENTATIVES

November 17, 2011

Mr. Meehan (for himself and Ms. Linda T. Sánchez of California) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prevent trafficking in counterfeit drugs.

1.

Short title

This Act may be cited as the Counterfeit Drug Penalty Enhancement Act of 2011.

2.

Counterfeit drug prevention

Section 2320(a) of title 18, United States Code, is amended—

(1)

by redesignating paragraph (2) as paragraph (3);

(2)

by inserting after paragraph (1) the following:

(2)

Counterfeit drugs

(A)

In general

Whoever commits an offense in violation of paragraph (1) with respect 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 life or for any term of years, or both; and

(ii)

if a person other than an individual, be fined not more than $10,000,000.

(B)

Multiple offenses

In the case of an offense by a person under this paragraph that occurs after that person is convicted of another offense under this paragraph, the person convicted—

(i)

if an individual, shall be fined not more than $8,000,000, imprisoned for life or for any term of 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).

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.