II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting American 

5 Goods and Services Act of 2005’’. 
2 

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1 SEC. 2. PROHIBITION ON TRAFFICKING OF CERTAIN 

2 GOODS AND SERVICES. 

3 (a) IN GENERAL.—Section 2320 of title 18, United 

4 States Code, is amended— 

5 (1) by striking subsection (a) and inserting the 

6 following: 

7 ‘‘(a)(1) Any person who intentionally traffics or at8 tempts to traffic in goods or services and knowingly uses 

9 a counterfeit mark on or in connection with such goods 

10 or services— 

11 ‘‘(A) if an individual, shall be fined not more 

12 than $2,000,000, imprisoned not more than 10 

13 years, or both; and 

14 ‘‘(B) if a person other than an individual, shall 

15 be fined not more than $5,000,000. 

16 ‘‘(2) Any person who possesses goods with a counter17 feit mark with an intent to traffic such goods— 

18 ‘‘(A) if an individual, shall be fined not more 

19 that $2,000,000, or imprisoned not more than 10 

20 years, or both; and 

21 ‘‘(B) if a person other than an individual, shall 

22 be fined not more than $5,000,000. 

23 ‘‘(3) In the case of an offense by a person under this 

24 section that occurs after that person is convicted of an25 other offense under this section, the person— 
3 

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1 ‘‘(A) if an individual, shall be fined not more 

2 than $5,000,000, imprisoned not more than 20 

3 years, or both; and 

4 ‘‘(B) if other than an individual, shall be fined 

5 not more than $15,000,000.’’; and 

6 (2) in subsection (b), by striking paragraph (2) 

7 and inserting the following: 

8 ‘‘(2) the term ‘traffic’ means— 

9 ‘‘(A) transport, transfer, or otherwise dis10 pose of, to another as consideration for any11 thing of value or without consideration; or 

12 ‘‘(B) make or obtain control of with intent 

13 to so transport, transfer, or dispose of; and’’. 

14 (b) PROHIBITION OF TRANSPORT OF COUNTERFEIT

15 GOODS OR UNAUTHORIZED COPIES AND PHONORECORDS

16 OF COPYRIGHTED WORKS.— 

17 (1) IN GENERAL.—Chapter 113 of title 18, 

18 United States Code, is amended by inserting after 

19 section 2320 the following: 

20 ‘‘§ 2320A. Transport of counterfeit goods and unau21 thorized copyrighted works into or out of 

22 the United States 

23 ‘‘(a) DEFINITIONS.—In this section— 
4 

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1 ‘‘(1) the terms ‘copies’ and ‘phonorecords’ have 

2 the respective meanings given under section 101 of 

3 title 17; 

4 ‘‘(2) the term ‘counterfeit mark’ has the mean5 ing given under section 2320(e)(1); and 

6 ‘‘(3) the term ‘United States’ means each of the 

7 several States of the United States, the District of 

8 Columbia, and the territories and possessions of the 

9 United States. 

10 ‘‘(b) OFFENSE.—Any person who intentionally trans11 ports goods bearing a counterfeit mark or copies or 

12 phonorecords of a copyrighted work not authorized by the 

13 copyright holder into or out of the United States for the 

14 purposes of commercial advantage or private financial 

15 gain shall be fined not more than $100,000, imprisoned 

16 not more than 10 years, or both.’’. 

17 (2) TECHNICAL AND CONFORMING AMEND18 MENT.—The table of sections for chapter 113 of 

19 title 18, United States Code, is amended by insert20 ing after the item relating to section 2320 the fol21 lowing: 

‘‘2320A. Transport of counterfeit goods and unauthorized copyrighted works 

into or out of the United States.’’. 

22 SECTION 1. TRAFFICKING DEFINED. 

23 (a) COUNTERFEIT GOODS OR SERVICES.—Section 

24 2320(e) of title 18, United States Code, is amended— 
5 

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1 (1) by striking paragraph (2) and inserting the 

2 following: 

3 ‘‘(2) the term ‘traffic’ means to transport, trans4 fer, or otherwise dispose of, to another, for purposes 

5 of commercial advantage or private financial gain, or 

6 to make, import, export, obtain control of, or possess, 

7 with intent to so transport, transfer, or otherwise dis8 pose of;’’; and 

9 (2) by redesignating paragraph (3) as para10 graph (4) and inserting the following: 

11 ‘‘(3) the term ‘financial gain’ includes the re12 ceipt, or expected receipt, of anything of value; and’’. 

13 (b) CONFORMING AMENDMENTS.— 

14 (1) SOUND RECORDINGS AND MUSIC VIDEOS OF

15 LIVE MUSICAL PERFORMANCES.—Section 2319A(e) of 

16 title 18, United States Code, is amended by striking 

17 paragraph (2) and inserting the following: 

18 ‘‘(2) the term ‘traffic’ has the same meaning as 

19 in section 2320(e) of this title.’’. 

20 (2) COUNTERFEIT LABELS FOR PHONORECORDS, 

21 COMPUTER PROGRAMS, ETC.—Section 2318(b) of title 

22 18, United States Code, is amended by striking para23 graph (2) and inserting the following: 

24 ‘‘(2) the term ‘traffic’ has the same meaning as 

25 in section 2320(e) of this title;’’. 
6 

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1 (3) ANTI-BOOTLEGGING.—Section 1101 of title 

2 17, United States Code, is amended by striking sub3 section (b) and inserting the following: 

4 ‘‘(b) DEFINITION.—As used in this section, the term 

5 ‘traffic’ has the same meaning as in section 2320(e) of title 

6 18, United States Code.’’. 

Calendar No. 277 

109TH CONGRESS 

1ST SESSION S. 1095 

A BILL 

To amend chapter 113 of title 18, United States 

in goods or services, and for other purposes. Code, to clarify the prohibition on the trafficking 

NOVEMBER 3, 2005 

Reported with an amendment