[Congressional Record (Bound Edition), Volume 152 (2006), Part 2]
[Senate]
[Pages 1842-1844]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2889. Mr. FRIST (for Mr. Specter) proposed an amendment to the 
bill H.R. 32, to amend title 18, United States Code, to provide 
criminal penalties for trafficking in counterfeit marks; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TRAFFICKING IN COUNTERFEIT MARKS.

       (a) Short Title; Findings.--
       (1) Short title.--This section may be cited as the ``Stop 
     Counterfeiting in Manufactured Goods Act''.
       (2) Findings.--The Congress finds that--
       (A) the United States economy is losing millions of dollars 
     in tax revenue and tens of thousands of jobs because of the 
     manufacture, distribution, and sale of counterfeit goods;
       (B) the Bureau of Customs and Border Protection estimates 
     that counterfeiting costs the United States $200 billion 
     annually;
       (C) counterfeit automobile parts, including brake pads, 
     cost the auto industry alone billions of dollars in lost 
     sales each year;
       (D) counterfeit products have invaded numerous industries, 
     including those producing auto parts, electrical appliances, 
     medicines, tools, toys, office equipment, clothing, and many 
     other products;
       (E) ties have been established between counterfeiting and 
     terrorist organizations that use the sale of counterfeit 
     goods to raise and launder money;
       (F) ongoing counterfeiting of manufactured goods poses a 
     widespread threat to public health and safety; and
       (G) strong domestic criminal remedies against 
     counterfeiting will permit the United States to seek stronger 
     anticoun-
     terfeiting provisions in bilateral and international 
     agreements with trading partners.
       (b) Trafficking in Counterfeit Marks.--Section 2320 of 
     title 18, United States Code, is amended as follows:
       (1) Subsection (a) is amended by inserting after ``such 
     goods or services'' the following: ``, or intentionally 
     traffics or attempts to traffic in labels, patches, stickers, 
     wrappers, badges, emblems, medallions, charms, boxes, 
     containers, cans, cases, hangtags, documentation, or 
     packaging of any type or nature, knowing that a counterfeit 
     mark has been applied thereto, the use of which is likely to 
     cause confusion, to cause mistake, or to deceive,''.
       (2) Subsection (b) is amended to read as follows:
       ``(b)(1) The following property shall be subject to 
     forfeiture to the United States and no property right shall 
     exist in such property:
       ``(A) Any article bearing or consisting of a counterfeit 
     mark used in committing a violation of subsection (a).
       ``(B) Any property used, in any manner or part, to commit 
     or to facilitate the commission of a violation of subsection 
     (a).
       ``(2) The provisions of chapter 46 of this title relating 
     to civil forfeitures, including section 983 of this title, 
     shall extend to any seizure or civil forfeiture under this 
     section. At the conclusion of the forfeiture proceedings, the 
     court, unless otherwise requested by an agency of the United 
     States, shall order that any forfeited article bearing or 
     consisting of a counterfeit mark be destroyed or otherwise 
     disposed of according to law.
       ``(3)(A) The court, in imposing sentence on a person 
     convicted of an offense under this section, shall order, in 
     addition to any other sentence imposed, that the person 
     forfeit to the United States--
       ``(i) any property constituting or derived from any 
     proceeds the person obtained, directly or indirectly, as the 
     result of the offense;
       ``(ii) any of the person's property used, or intended to be 
     used, in any manner or part, to commit, facilitate, aid, or 
     abet the commission of the offense; and
       ``(iii) any article that bears or consists of a counterfeit 
     mark used in committing the offense.
       ``(B) The forfeiture of property under subparagraph (A), 
     including any seizure and disposition of the property and any 
     related judicial or administrative proceeding, shall be 
     governed by the procedures set forth in section 413 of the 
     Comprehensive Drug Abuse Prevention and Control Act of 1970 
     (21 U.S.C. 853), other than subsection (d) of that section. 
     Notwithstanding section 413(h) of that Act, at the conclusion 
     of the forfeiture proceedings, the court shall order that any 
     forfeited article or component of an article

[[Page 1843]]

     bearing or consisting of a counterfeit mark be destroyed.
       ``(4) When a person is convicted of an offense under this 
     section, the court, pursuant to sections 3556, 3663A, and 
     3664, shall order the person to pay restitution to the owner 
     of the mark and any other victim of the offense as an offense 
     against property referred to in section 3663A(c)(1)(A)(ii).
       ``(5) The term `victim', as used in paragraph (4), has the 
     meaning given that term in section 3663A(a)(2).''.
       (3) Subsection (e)(1) is amended--
       (A) by striking subparagraph (A) and inserting the 
     following:
       ``(A) a spurious mark--
       ``(i) that is used in connection with trafficking in any 
     goods, services, labels, patches, stickers, wrappers, badges, 
     emblems, medallions, charms, boxes, containers, cans, cases, 
     hangtags, documentation, or packaging of any type or nature;
       ``(ii) that is identical with, or substantially 
     indistinguishable from, a mark registered on the principal 
     register in the United States Patent and Trademark Office and 
     in use, whether or not the defendant knew such mark was so 
     registered;
       ``(iii) that is applied to or used in connection with the 
     goods or services for which the mark is registered with the 
     United States Patent and Trademark Office, or is applied to 
     or consists of a label, patch, sticker, wrapper, badge, 
     emblem, medallion, charm, box, container, can, case, hangtag, 
     documentation, or packaging of any type or nature that is 
     designed, marketed, or otherwise intended to be used on or in 
     connection with the goods or services for which the mark is 
     registered in the United States Patent and Trademark Office; 
     and
       ``(iv) the use of which is likely to cause confusion, to 
     cause mistake, or to deceive; or''; and
       (B) by amending the matter following subparagraph (B) to 
     read as follows:

     ``but such term does not include any mark or designation used 
     in connection with goods or services, or a mark or 
     designation applied to labels, patches, stickers, wrappers, 
     badges, emblems, medallions, charms, boxes, containers, cans, 
     cases, hangtags, documentation, or packaging of any type or 
     nature used in connection with such goods or services, of 
     which the manufacturer or producer was, at the time of the 
     manufacture or production in question, authorized to use the 
     mark or designation for the type of goods or services so 
     manufactured or produced, by the holder of the right to use 
     such mark or designation.''.
       (4) Section 2320 is further amended--
       (A) by redesignating subsection (f) as subsection (g); and
       (B) by inserting after subsection (e) the following:
       ``(f) Nothing in this section shall entitle the United 
     States to bring a criminal cause of action under this section 
     for the repackaging of genuine goods or services not intended 
     to deceive or confuse.''.
       (c) Sentencing Guidelines.--
       (1) Review and amendment.--Not later than 180 days after 
     the date of enactment of this Act, the United States 
     Sentencing Commission, pursuant to its authority under 
     section 994 of title 28, United States Code, and in 
     accordance with this subsection, shall review and, if 
     appropriate, amend the Federal sentencing guidelines and 
     policy statements applicable to persons convicted of any 
     offense under section 2318 or 2320 of title 18, United States 
     Code.
       (2) Authorization.--The United States Sentencing Commission 
     may amend the Federal sentencing guidelines in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987 (28 U.S.C. 994 note) as though the 
     authority under that section had not expired.
       (3) Responsibilities of united states sentencing 
     commission.--In carrying out this subsection, the United 
     States Sentencing Commission shall determine whether the 
     definition of ``infringement amount'' set forth in 
     application note 2 of section 2B5.3 of the Federal sentencing 
     guidelines is adequate to address situations in which the 
     defendant has been convicted of one of the offenses listed in 
     paragraph (1) and the item in which the defendant trafficked 
     was not an infringing item but rather was intended to 
     facilitate infringement, such as an anti-circumvention 
     device, or the item in which the defendant trafficked was 
     infringing and also was intended to facilitate infringement 
     in another good or service, such as a counterfeit label, 
     documentation, or packaging, taking into account cases such 
     as U.S. v. Sung, 87 F.3d 194 (7th Cir. 1996).

     SEC. 2. TRAFFICKING DEFINED.

       (a) Short Title.--This section may be cited as the 
     ``Protecting American Goods and Services Act of 2005''.
       (b) 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;'';
       (2) by redesignating paragraph (3) as paragraph (4); and
       (3) by inserting after paragraph (2) the following:
       ``(3) the term `financial gain' includes the receipt, or 
     expected receipt, of anything of value; and''.
       (c) 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.--In this section, the term `traffic' has 
     the same meaning as in section 2320(e) of title 18.''.
                                 ______
                                 
  SA 2890. Mr. FRIST (for Ms. Collins) proposed an amendment to the 
bill S. 1777, to provide relief for the victims of Hurricane Katrina; 
as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Katrina Emergency Assistance 
     Act of 2005''.

     SEC. 2. UNEMPLOYMENT ASSISTANCE.

       (a) In General.--Notwithstanding section 410 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5177), in providing assistance under that section to 
     individuals unemployed as a result of Hurricane Katrina--
       (1) the President shall accept applications for assistance 
     during--
       (A) the 90-day period beginning on the date on which the 
     applicable major disaster was declared; or
       (B) such longer period as may be established by the 
     President; and
       (2) subject to subsection (b), the President shall provide 
     assistance to any unemployed individual, to the extent the 
     individual is not entitled to unemployment compensation under 
     any Federal or State law, until that individual is reemployed 
     in a suitable position.
       (b) Limitation for Period of Assistance.--The total amount 
     of assistance payable to an individual under subsection (a) 
     may not exceed payments based on a 39-week period of 
     unemployment.

     SEC. 3. REIMBURSEMENT FOR PURCHASES.

       (a) Definitions.--In this section:
       (1) Disaster period.--The term ``disaster period'' means, 
     with respect to any State that includes an area for which a 
     major disaster has been declared in accordance with section 
     401 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170) as a result of Hurricane 
     Katrina or Hurricane Rita, the period beginning on the 
     earliest date on which any area of the State was so declared 
     and ending on the latest date for which any such declaration 
     of an area of the State terminates.
       (2) Katrina or rita survivor.--The term ``Katrina or Rita 
     Survivor'' means an individual who--
       (A) resides in an area for which a major disaster has been 
     declared in accordance with 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
     as a result of Hurricane Katrina or Hurricane Rita; or
       (B) resided in an area described in subparagraph (A) during 
     the 7 days immediately preceding the date of declaration of a 
     major disaster described in subparagraph (A).
       (3) Major disaster.--The term ``major disaster'' has the 
     meaning given the term in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122).
       (b) Reimbursement.--
       (1) In general.--Notwithstanding any other provision of 
     law, the President may reimburse a community for each 
     purchase of supplies (such as food, personal hygiene 
     products, linens, and clothing) distributed to Katrina or 
     Rita Survivors.
       (2) Eligible purchases.--Reimbursement under paragraph (1) 
     shall be available only with respect to supplies that--
       (A) are purchased with taxpayer dollars; and
       (B) would otherwise be eligible for reimbursement if 
     purchased by a Katrina or Rita Survivor.
       (c) Period of Applicability.--This section and the 
     authority provided by this section apply only to a community 
     assisting Katrina or Rita Survivors from a State during the 
     disaster period of the State.

     SEC. 4. INTERNATIONAL STUDENTS DISPLACED BY KATRINA.

       It is the sense of Congress that the Bureau of Immigration 
     and Customs Enforcement within the Department of Homeland 
     Security should suspend or refrain from initiating removal 
     proceedings for international students and scholars who are 
     deportable solely due to their inability to fulfill the

[[Page 1844]]

     terms of their visas as a result of a national disaster, such 
     as Hurricane Katrina.

     SEC. 5. CONTRACTING AUTHORITY.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary of Homeland Security, acting through the 
     Under Secretary for Emergency Preparedness, shall propose new 
     inspection guidelines that prohibit an inspector from 
     entering into a contract with any individual or entity for 
     whom the inspector performs an inspection for purposes of 
     determining eligibility for assistance from the Federal 
     Emergency Management Agency.

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