[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1095 Introduced in Senate (IS)]

  1st Session
                                S. 1095

 To amend chapter 113 of title 18, United States Code, to clarify the 
  prohibition on the trafficking in goods or services, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2005

 Mr. Cornyn (for himself and Mr. Leahy) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 113 of title 18, United States Code, to clarify the 
  prohibition on the trafficking in goods or services, and for other 
                               purposes.

    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 ``Protecting American Goods and 
Services Act of 2005''.

SEC. 2. PROHIBITION ON TRAFFICKING OF CERTAIN GOODS AND SERVICES.

    (a) In General.--Section 2320 of title 18, United States Code, is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a)(1) Any person who 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--
            ``(A) if an individual, shall be fined not more than 
        $2,000,000, imprisoned not more than 10 years, or both; and
            ``(B) if a person other than an individual, shall be fined 
        not more than $5,000,000.
    ``(2) Any person who possesses goods with a counterfeit mark with 
an intent to traffic such goods--
            ``(A) if an individual, shall be fined not more that 
        $2,000,000, or imprisoned not more than 10 years, or both; and
            ``(B) if a person other than an individual, shall be fined 
        not more than $5,000,000.
    ``(3) In the case of an offense by a person under this section that 
occurs after that person is convicted of another offense under this 
section, the person--
            ``(A) if an individual, shall be fined not more than 
        $5,000,000, imprisoned not more than 20 years, or both; and
            ``(B) if other than an individual, shall be fined not more 
        than $15,000,000.''; and
            (2) in subsection (b), by striking paragraph (2) and 
        inserting the following:
            ``(2) the term `traffic' means--
                    ``(A) transport, transfer, or otherwise dispose of, 
                to another as consideration for anything of value or 
                without consideration; or
                    ``(B) make or obtain control of with intent to so 
                transport, transfer, or dispose of; and''.
    (b) Prohibition of Transport of Counterfeit Goods or Unauthorized 
Copies and Phonorecords of Copyrighted Works.--
            (1) In general.--Chapter 113 of title 18, United States 
        Code, is amended by inserting after section 2320 the following:
``Sec. 2320A. Transport of counterfeit goods and unauthorized 
              copyrighted works into or out of the United States
    ``(a) Definitions.--In this section--
            ``(1) the terms `copies' and `phonorecords' have the 
        respective meanings given under section 101 of title 17;
            ``(2) the term `counterfeit mark' has the meaning given 
        under section 2320(e)(1); and
            ``(3) the term `United States' means each of the several 
        States of the United States, the District of Columbia, and the 
        territories and possessions of the United States.
    ``(b) Offense.--Any person who intentionally transports goods 
bearing a counterfeit mark or copies or phonorecords of a copyrighted 
work not authorized by the copyright holder into or out of the United 
States for the purposes of commercial advantage or private financial 
gain shall be fined not more than $100,000, imprisoned not more than 10 
years, or both.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 113 of title 18, United States Code, is 
        amended by inserting after the item relating to section 2320 
        the following:

``2320A. Transport of counterfeit goods and unauthorized copyrighted 
                            works into or out of the United States.''.
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