[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1228 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1228
To prohibit trafficking in counterfeit military goods or services.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2011
Mr. Whitehouse (for himself, Mr. Graham, Mr. Coons, and Mr. McCain)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To prohibit trafficking in counterfeit military goods or services.
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 ``Combating Military Counterfeits Act
of 2011''.
SEC. 2. TRAFFICKING IN COUNTERFEIT MILITARY GOODS OR SERVICES.
(a) Trafficking in Counterfeit Military Goods or Services.--Section
2320 of title 18, United States Code, is amended--
(1) in subsection (a), by adding at the end the following:
``(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 expected to cause--
``(I) serious bodily injury or
death;
``(II) disclosure of classified
information;
``(III) impairment of combat
operations; or
``(IV) other significant harm to a
member of the Armed Forces or to
national security; 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.
``(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.''; and
(2) in subsection (e)--
(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 a semicolon; and
(D) by adding at the end the following:
``(5) the term `falsely identified as meeting military
standards' relating to a good or service--
``(A) means the good or service--
``(i)(I) bears a label, tag, stamp, product
code, phrase, or emblem of any kind that
indicates that the good or service meets a
standard, requirement, or specification issued
by the Department of Defense, an Armed Force,
or a reserve component;
``(II) is packaged in a wrapper, container,
box, case, or packaging of any type or nature
which bears a label, tag, stamp, product code,
phrase, or emblem of any kind which indicates
that the good or services meets a standard,
requirement, or specification issued by the
Department of Defense, an Armed Force, or a
reserve component; or
``(III) is accompanied by or marketed with
a certificate or other oral or written
representation that the good or service meets a
standard, requirement, or specification issued
by the Department of Defense, an Armed Force,
or a reserve component; and
``(ii) does not meet the standard,
requirement, or specification of the Department
of Defense, an Armed Force, or a reserve
component that is indicated or represented in a
manner described in clause (i); and
``(B) shall not apply to--
``(i) the identification of a good or
service in a manner that is unlikely to cause
confusion, to cause mistake, or to deceive; or
``(ii) a good or service if the standard,
requirement, or specification issued by the
Department of Defense, an Armed Force, or a
reserve component has only a de minimis
relationship to national security or the safety
of the members of the Armed Forces; and
``(6) 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.''.
(b) Sentencing Guidelines.--
(1) Directive.--The United States Sentencing Commission
shall review and, if appropriate, amend the Federal sentencing
guidelines and policy statements applicable to persons
convicted of an offense under section 2320(a) of title 18,
United States Code, to reflect the intent of Congress that
penalties for such offenses be increased in comparison to those
provided on the day before the date of enactment of this Act
under the guidelines and policy statements.
(2) Requirements.--In amending the Federal Sentencing
Guidelines and policy statements under paragraph (1), the
United States Sentencing Commission shall--
(A) ensure that the guidelines and policy
statements, including section 2B5.3 of the Federal
Sentencing Guidelines (and any successor thereto),
reflect--
(i) the serious nature of the offenses
described in section 2320(a) of title 18,
United States Code;
(ii) the need for an effective deterrent
and appropriate punishment to prevent offenses
under section 2320(a) of title 18, United
States Code; and
(iii) the effectiveness of incarceration in
furthering the objectives described in clauses
(i) and (ii);
(B) consider the extent to which the guidelines
appropriately account for the risk, even if attenuated
or unknown to the offender, to members of the Armed
Forces of the United States, military readiness, and
national security resulting from an offense committed
under section 2320(a) of title 18, United States Code,
including in instances involving a limited value or
quantity of goods or services;
(C) ensure reasonable consistency with other
relevant directives and guidelines and Federal
statutes;
(D) make any necessary conforming changes to the
guidelines; and
(E) ensure that the guidelines relating to offenses
under section 2320(a) of title 18, United States Code,
adequately meet the purposes of sentencing, as
described in section 3553(a)(2) of title 18, United
States Code.
(3) Emergency authority.--The United States Sentencing
Commission shall--
(A) promulgate the guidelines, policy statements,
or amendments provided for in this Act as soon as
practicable, and in any event not later than 180 days
after the date of enactment of this Act, in accordance
with the procedure set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note), as though
the authority under that Act had not expired; and
(B) pursuant to the emergency authority provided
under subparagraph (A), make such conforming amendments
to the Federal sentencing guidelines as the Commission
determines necessary to achieve consistency with other
guideline provisions and applicable law.
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