Combating Military Counterfeits Act of 2011

Bill: 112-s-1228
Sponsor: Sen. Whitehouse, Sheldon [D-RI]
Introduced: 2011-06-16 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Administrative law and regulatory procedures
Criminal procedure and sentencing
Fraud offenses and financial crimes
Military assistance, sales, and agreements
Military operations and strategy
Military procurement, research, weapons development
U.S. Sentencing Commission

Summary:
action_date: 2011-06-16
text: 
Combating Military Counterfeits Act of 2011 - Amends the federal criminal code to impose criminal penalties on persons who traffic in counterfeit goods or services if: (1) the offense involved a military good or service that malfunctioned, failed, or was compromised and could reasonably be expected to cause serious bodily injury or death, disclosure of classified information, impairment of combat operations, or other significant harm to a member of the Armed Forces or to national security; and (2) 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.
 
Directs the United States Sentencing Commission to: (1) review and amend federal sentencing guidelines and policy statements to reflect the intent of Congress to increase penalties for trafficking in counterfeit goods or services, including military good or services; and (2) promulgate the guidelines, policy statements, or amendments within 180 days after this Act's enactment and amend such guidelines pursuant to this emergency authority as necessary to achieve consistency with other guideline provisions and applicable law.

action_date: 2011-07-21
text: 
Combating Military Counterfeits Act of 2011 - Amends the federal criminal code to impose criminal penalties on persons who traffic in counterfeit goods or services if: (1) the offense involved a military good or service that malfunctioned, failed, or was compromised and could reasonably be foreseen to cause serious bodily injury or death, disclosure of classified information, impairment of combat operations, or other significant harm to a member of the Armed Forces or to national security; and (2) 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.
 
Directs the United States Sentencing Commission to: (1) review and amend federal sentencing guidelines and policy statements to reflect the intent of Congress to increase penalties for defendants that sell infringing products to, or for the use by or for, the Armed Forces or a federal, state, or local law enforcement agency or for use in critical infrastructure or in national security applications; and (2) consider an appropriate offense level enhancement and minimum offense level for offenses that involve a product that is used to maintain or operate critical infrastructure or that is used by or for an entity of the federal government or a state or local government in furtherance of the administration of justice, national defense, or national security. 
 
Requires the Commission, in accordance with emergency authority under the Sentencing Act of 1987, to promulgate such guidelines and policy statements no later than 180 days after this Act's enactment and amend such guidelines to achieve consistency with other guideline provisions and applicable law.


Legislative actions:
action_date: 2011-07-21
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 107.
action_date: 2011-07-21
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2011-07-21
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2011-07-21
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2011-06-22
text: Committee on the Judiciary. Hearings held. Hearings printed: S.Hrg. 112-922.
action_date: 2011-06-16
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2011-06-16
text: Introduced in Senate