[Congressional Record Volume 168, Number 21 (Wednesday, February 2, 2022)]
[Senate]
[Pages S480-S481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                              Counterfeits

  Madam President, on another point and a shorter point, I would like 
to take a moment to update my colleagues on a bill that I introduced in 
2021 designed to fight counterfeits.
  As we all know, counterfeits are a threat to the U.S. economic and 
national security interests. Most counterfeits originate in China, one 
of our largest competitors. Counterfeits are dangerous to consumers. 
And, lastly, counterfeits rip off American ingenuity and result in 
billions of dollars in losses.
  For these reasons, Congress must ensure the Federal Government arms 
its partners with the tools and the resources that these people need to 
combat the bad guys who sell these fake goods.
  My bill has the number S. 1159, and it does just that. It gives the 
partners the tools and resources they need to combat the bad guys. Now, 
it happens that S. 1159 was incorporated in the United States 
Innovation and Competition Act of 2021 that passed this Senate on a 
very bipartisan vote. The bill with that title, Innovation and 
Competition Act, was an effort, in a bipartisan way, to crack down on 
China.
  Now, the bill that I am telling you I cosponsored and is part of that 
gives our U.S. Customs and Border Protection, CBP, authority to share 
more information with the private sector on counterfeits identified at 
the border. It also gives Customs and Border Protection the authority 
to share information with other parties, like e-commerce parties and 
shipping carriers.
  Sharing information then creates a more secure trade ecosystem that 
keeps counterfeits out of our country. This is good, commonsense 
policy.
  Now, my colleagues may be asking themselves: Why is this really 
needed? Well, Customs and Border Protection believes that the Trade 
Secrets Act keeps this Agency from sharing certain types of information 
with the private sector. This keeps American companies, then, in the 
dark and prevents these companies from pursuing the bad guys who rip 
them off.
  Indeed, companies have repeatedly told me that if they just had more 
information from the Federal Government, they would and could keep more 
counterfeits out of the United States. So my bill removes this barrier 
and specifically gives Customs and Border Protection the authority that 
it needs to share information with the private sector.
  Now, here is the icing on the cake. Recently, Customs and Border 
Protection confirmed that my bill would resolve their concerns about 
violating the Trade Secrets Act and would permit the sharing of more 
information on counterfeits.
  A few weeks ago, the Congressional Budget Office confirmed that my 
bill will cost absolutely nothing. So good government legislation that 
costs the taxpayers zero dollars ought to not raise any questions when 
it protects the consumer and protects our businesspeople. That is what 
I like to call a slam dunk, and I hope my colleagues will join me in 
making sure that it gets passed this Congress.
  Now, since this has become an issue in the House of Representatives, 
I hope that the House wakes up to this commonsense policy being 
included in the China package as negotiations continue because they 
left it out in the version that has come to the House floor now.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. CANTWELL. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.

[[Page S481]]

  The PRESIDING OFFICER. Without objection, it is so ordered.