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


                                                       Calendar No. 277
109th CONGRESS
  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

                            November 3, 2005

               Reported by Mr. Specter, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Protecting American Goods 
and Services Act of 2005''.</DELETED>

<DELETED>SEC. 2. PROHIBITION ON TRAFFICKING OF CERTAIN GOODS AND 
              SERVICES.</DELETED>

<DELETED>    (a) In General.--Section 2320 of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by striking subsection (a) and inserting the 
        following:</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) if an individual, shall be fined not more 
        than $2,000,000, imprisoned not more than 10 years, or both; 
        and</DELETED>
        <DELETED>    ``(B) if a person other than an individual, shall 
        be fined not more than $5,000,000.</DELETED>
<DELETED>    ``(2) Any person who possesses goods with a counterfeit 
mark with an intent to traffic such goods--</DELETED>
        <DELETED>    ``(A) if an individual, shall be fined not more 
        that $2,000,000, or imprisoned not more than 10 years, or both; 
        and</DELETED>
        <DELETED>    ``(B) if a person other than an individual, shall 
        be fined not more than $5,000,000.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(A) if an individual, shall be fined not more 
        than $5,000,000, imprisoned not more than 20 years, or both; 
        and</DELETED>
        <DELETED>    ``(B) if other than an individual, shall be fined 
        not more than $15,000,000.''; and</DELETED>
        <DELETED>    (2) in subsection (b), by striking paragraph (2) 
        and inserting the following:</DELETED>
        <DELETED>    ``(2) the term `traffic' means--</DELETED>
                <DELETED>    ``(A) transport, transfer, or otherwise 
                dispose of, to another as consideration for anything of 
                value or without consideration; or</DELETED>
                <DELETED>    ``(B) make or obtain control of with 
                intent to so transport, transfer, or dispose of; 
                and''.</DELETED>
<DELETED>    (b) Prohibition of Transport of Counterfeit Goods or 
Unauthorized Copies and Phonorecords of Copyrighted Works.--</DELETED>
        <DELETED>    (1) In general.--Chapter 113 of title 18, United 
        States Code, is amended by inserting after section 2320 the 
        following:</DELETED>
<DELETED>``Sec. 2320A. Transport of counterfeit goods and unauthorized 
              copyrighted works into or out of the United 
              States</DELETED>
<DELETED>    ``(a) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) the terms `copies' and `phonorecords' have 
        the respective meanings given under section 101 of title 
        17;</DELETED>
        <DELETED>    ``(2) the term `counterfeit mark' has the meaning 
        given under section 2320(e)(1); and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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:</DELETED>

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

</DELETED>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.''.
                                                       Calendar No. 277

109th CONGRESS

  1st Session

                                S. 1095

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            November 3, 2005

                       Reported with an amendment