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Section 2320 of title 18, United States Code, is amended as follows:

  • (1) Subsection (a) is amended to read as follows:
    • ‘‘(1) IN GENERAL.—
      • ‘‘(A) OFFENSES.—Whoever—
        • ‘‘(i) intentionally traffics or attempts to traffic in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services,
        • ‘‘(ii) intentionally traffics or attempts to traffic in labels, patches, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, or packaging of any type or nature, knowing that a counterfeit mark has been applied thereto, the use of which is likely to cause confusion, to cause mistake, or to deceive, or
        • ‘‘(iii) intentionally imports, exports, or traffics in counterfeit drugs or intentionally participates in or knowingly aids drug counterfeiting, shall, if an individual, be fined not more than $2,000,000 or imprisoned not more than 3 years, or both, and, if a person other than an individual, be fined not more than $5,000,000.
      • ‘‘(B) SUBSEQUENT 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, if an individual, shall be fined not more than $5,000,000 or imprisoned not more than 20 years, or both, and if other than an individual, shall be fined not more than $15,000,000.
    • ‘‘(2) SERIOUS BODILY HARM OR DEATH.—
      • ‘‘(A) SERIOUS BODILY HARM.—If the offender knowingly or recklessly causes or attempts to cause serious bodily injury from conduct in violation of paragraph (1), the penalty shall be, for an individual, a fine of not more than $5,000,000 or imprisonment for any term of years or for life, or both, and for other than an individual, a fine of not more than $15,000,000.
      • ‘‘(B) DEATH.—If the offender knowingly or recklessly causes or attempts to cause death from conduct in violation of paragraph (1), the penalty shall be, for an individual, a fine of not more than $5,000,000 or imprisonment for any term of years or for life, or both, and for other than an individual, a fine of not more than $15,000,000.
    • ‘‘(3) MILITARY GOODS OR SERVICES.—
      • ‘‘(A) IN GENERAL.—A person who commits an offense under paragraph (1) shall be punished in accordance with subparagraph (B) if—
        • ‘‘(i) the offense involved a good or service described in paragraph (1) that if it malfunctioned, failed, or was compromised, could reasonably be foreseen to cause—
          • ‘‘(I) serious bodily injury or death;
          • ‘‘(II) disclosure of classified information;
          • ‘‘(III) impairment of combat operations; or
          • ‘‘(IV) other significant harm—
            • ‘‘(aa) to a member— ‘‘(AA) of the Armed Forces; or ‘‘(BB) of a Federal, State, or local law enforcement agency; or
            • ‘‘(bb) to national security or critical infrastructure; and
          • ‘‘(ii) the person had knowledge that the good or service is falsely identified as meeting military standards or is intended for use in a military or national security application, or a law enforcement or critical infrastructure application.
      • ‘‘(B) PENALTIES.—
        • ‘‘(i) INDIVIDUAL.—An individual who commits an offense described in subparagraph (A) shall be fined not more than $5,000,000, imprisoned for not more than 20 years, or both.
        • ‘‘(ii) PERSON OTHER THAN AN INDIVIDUAL.—A person other than an individual that commits an offense described in subparagraph (A) shall be fined not more than $15,000,000.
      • ‘‘(C) SUBSEQUENT OFFENSES.—
        • ‘‘(i) INDIVIDUAL.—An individual who commits an offense described in subparagraph (A) after the individual is convicted of an offense under subparagraph (A) shall be fined not more than $15,000,000, imprisoned not more than 30 years, or both.
        • ‘‘(ii) PERSON OTHER THAN AN INDIVIDUAL.—A person other than an individual that commits an offense described in subparagraph (A) after the person is convicted of an offense under subparagraph (A) shall be fined not more than $30,000,000.’’.
  • (2) Subsection (e) is amended—
    • (A) in paragraph (1), by striking the period at the end and inserting a semicolon;
    • (B) in paragraph (3), by striking ‘‘and’’ at the end;
    • (C) in paragraph (4), by striking the period at the end and inserting a semicolon; and
    • (D) by adding at the end the following:
      • ‘‘(5) the term ‘counterfeit drug’ has the meaning given that term in section 201(g)(2) of the Federal Food Drug, and Cosmetic Act (21 U.S.C. 321(g)(2));
      • ‘‘(6) the term ‘critical infrastructure’ has the meaning given that term in section 2339D(c);
      • ‘‘(7) the term ‘drug counterfeiting’ means any act prohibited by section 301(i) of the Federal Food Drug, and Cosmetic Act (21 U.S.C. 331(i));
      • ‘‘(8) the term ‘final dosage form’ has the meaning given that term in section 735(4) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379g(4));
      • ‘‘(9) the term ‘falsely identified as meeting military standards’ relating to a good or service means there is a material misrepresentation that the good or service meets a standard, requirement, or specification issued by the Department of Defense, an Armed Force, or a reserve component;
      • ‘‘(10) the term ‘use in a military or national security application’ means the use of a good or service, independently, in conjunction with, or as a component of another good or service—
        • ‘‘(A) during the performance of the official duties of the Armed Forces of the United States or the reserve components of the Armed Forces; or
        • ‘‘(B) by the United States to perform or directly support—
          • ‘‘(i) combat operations; or
          • ‘‘(ii) critical national defense or national security functions; and
      • ‘‘(11) the term ‘use in a law enforcement or critical infrastructure application’ means the use of a good or service, independently, in conjunction with, or as a component of, another good or service by a person who is directly engaged in—
        • ‘‘(A) Federal, State, or local law enforcement; or
        • ‘‘(B) an official function pertaining to critical infrastructure.’’.

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