[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1095 Referred in House (RFH)]


109th CONGRESS
  1st Session
                                S. 1095


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                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2005

               Referred to the Committee on the Judiciary

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                                 AN ACT


 
 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. TRAFFICKING DEFINED.

    (a) Counterfeit Goods or Services.--Section 2320(e) of title 18, 
United States Code, is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) the term `traffic' means to transport, transfer, or 
        otherwise dispose of, to another, for purposes of commercial 
        advantage or private financial gain, or to make, import, 
        export, obtain control of, or possess, with intent to so 
        transport, transfer, or otherwise dispose of;''; and
            (2) by redesignating paragraph (3) as paragraph (4) and 
        inserting the following:
            ``(3) the term `financial gain' includes the receipt, or 
        expected receipt, of anything of value; and''.
    (b) Conforming Amendments.--
            (1) Sound recordings and music videos of live musical 
        performances.--Section 2319A(e) of title 18, United States 
        Code, is amended by striking paragraph (2) and inserting the 
        following:
            ``(2) the term `traffic' has the same meaning as in section 
        2320(e) of this title.''.
            (2) Counterfeit labels for phonorecords, computer programs, 
        etc.--Section 2318(b) of title 18, United States Code, is 
        amended by striking paragraph (2) and inserting the following:
            ``(2) the term `traffic' has the same meaning as in section 
        2320(e) of this title;''.
            (3) Anti-bootlegging.--Section 1101 of title 17, United 
        States Code, is amended by striking subsection (b) and 
        inserting the following:
    ``(b) Definition.--As used in this section, the term `traffic' has 
the same meaning as in section 2320(e) of title 18, United States 
Code.''.

            Passed the Senate November 10, 2005.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.