1. Short title This Act may be cited as the Drug Diversion and Counterfeit Crackdown Act of 2017 . 2. Sense of Congress It is the sense of the Congress that— (1) there should not be differing penalties under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq.) for illegally diverting drugs into the United States that arbitrarily turn on the location where the drugs were initially manufactured; (2) 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 market; (3) there should not be unequal treatment of counterfeiting and diversion, enabling criminal enterprises to exploit statutory loopholes and jeopardize patient and consumer safety without fear of significant penalties; and (4) such unequal treatment should be addressed by increasing the penalties for counterfeiting to match the penalties for diversion. 3. Protecting and strengthening the drug supply chain (a) Diverted drugs Paragraph (1) of section 801(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 381(d) ) is amended— (1) by striking (d)(1) Except as and inserting (d)(1)(A) Except as