,i  #aaeth ,,congress  #ast ,session    
,h4 ,r4 #bcgf  ,,in ,,the ,,house ,,of  
,,representatives  ,may #d1 #bjag,mr4   
,lance 7for himself1 ,mrs4 ,dingell1    
,mr4 ,burgess1 and ,mr4 ,gene ,green of 
,texas7 introduced the following bill2  
which was referred to the ,committee on 
,energy and ,commerce  ,a ,,bill  ,to   
amend the ,federal ,food1 ,drug1 and    
,cosmetic ,act to protect and strengthen
 the drug supply chain in the ,united   
,states by closing several statutory    
gaps in the penalty provisions of such  
,act that apply to drug diversion and   
counterfeiting4  #a4 ,short title ,this 
,act may be cited as the ,drug          
,diversion and ,counterfeit ,crackdown  
,act of #bjag4  #b4 ,sense of ,congress 
,it is the sense of the ,congress that--
  7#a7 there should not be differing    
penalties under the ,federal ,food1     
,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4
 #cja et seq47 for illegally diverting  
drugs into the ,united ,states that     
arbitrarily turn on the location where  

the drugs were initially manufactured2  
7#b7 such disparity should be addressed 
by providing the same penalties for     
diverting drugs made outside the ,united
 ,states and intended for a foreign     
market as the penalties that exist for  
diverting drugs made inside the ,united 
,states and intended for a foreign      
market2  7#c7 there should not be       
unequal treatment of counterfeiting and 
diversion1 enabling criminal enterprises
 to exploit statutory loopholes and     
jeopardize patient and consumer safety  
without fear of significant penalties2  
and  7#d7 such unequal treatment should 
be addressed by increasing the penalties
 for counterfeiting to match the        
penalties for diversion4  #c4           
,protecting and strengthening the drug  
supply chain  7a7 ,diverted drugs       
,paragraph 7#a7 of section #hja7;d7 of  
the ,federal ,food1 ,drug1 and ,cosmetic
 ,act 7#ba ,u4,s4,c4 #cha7;d77 is       
amended-- 7#a7 by striking 7d77#a7      
,except as and inserting 7d77#a77;,a7   

,except as2 and  7#b7 by adding at the  
end the following3  7,b7 ,except as     
authorized by the ,secretary in the case
 of a drug that appears on the drug     
shortage list in effect under section   
#ejf;,e1 no drug that would be subject  
to section #ejc7;b71 and which is       
manufactured outside the ,united ,states
 and intended by the manufacturer or    
labeled to be marketed outside the      
,united ,states1 may be imported into   
the ,united ,states for sale or         
commercial use4  4  7b7 ,counterfeit    
drugs ,subsection 7b7 of section #cjc of
 the ,federal ,food1 ,drug1 and         
,cosmetic ,act 7#ba ,u4,s4,c4 #ccc7 is  
amended by adding at the end the        
following3  7#h7 ,notwithstanding       
subsection 7a71 any person who violates 
section #cja7;i77#c7 by knowingly       
selling or dispensing1 or holding for   
sale or dispensing1 a counterfeit drug  
shall be imprisoned for not more than   
#aj years or fined in accordance with   
title #ah1 ,united ,states ,code1 or    

both4  4