Counterfeit Drug Penalty Enhancement Act of 2011

Counterfeit Drug Penalty Enhancement Act of 2011 - Amends the federal criminal code to establish criminal penalties of a fine, imprisonment for not more than 20 years, or both for trafficking, or attempting to traffic, in counterfeit drugs. Doubles the potential fine for repeat offenders.

Directs the United States Sentencing Commission to review and, if appropriate, amend its guidelines and policy statements applicable to persons convicted of that offense to reflect congressional intent that such penalties be increased.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1886 Introduced in Senate (IS)]

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Counterfeit Drug Penalty 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 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 not more than 20 
                        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 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. SENTENCING COMMISSION DIRECTIVE.

    (a) Directive to Sentencing Commission.--Pursuant 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 statements 
applicable to persons convicted of an offense under section 2320(a)(2) 
of title 18, United States Code, in order to reflect the intent of 
Congress that such penalties be increased in comparison 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 serious nature of the 
        offenses described in subsection (a) and the need for an 
        effective deterrent and appropriate punishment to prevent such 
        offenses;
            (2) consider the extent to which the guidelines may or may 
        not appropriately account for the potential and actual harm to 
        the public resulting from the offense;
            (3) assure reasonable consistency with other relevant 
        directives and with other sentencing guidelines;
            (4) account for any additional aggravating or mitigating 
        circumstances that might justify exceptions 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.
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