II 

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 

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’’. 

6 SEC. 2. PROHIBITION ON TRAFFICKING OF CERTAIN 

7 GOODS AND SERVICES. 

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

9 States Code, is amended— 
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1 (1) by striking subsection (a) and inserting the 

2 following: 

3 ‘‘(a)(1) Any person who intentionally traffics or at4 tempts to traffic in goods or services and knowingly uses 

5 a counterfeit mark on or in connection with such goods 

6 or services— 

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

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

9 years, or both; and 

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

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

12 ‘‘(2) Any person who possesses goods with a counter13 feit mark with an intent to traffic such goods— 

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

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

16 years, or both; and 

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

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

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

20 section that occurs after that person is convicted of an21 other offense under this section, the person— 

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

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

24 years, or both; and 
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1 ‘‘(B) if other than an individual, shall be fined 

2 not more than $15,000,000.’’; and 

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

4 and inserting the following: 

5 ‘‘(2) the term ‘traffic’ means— 

6 ‘‘(A) transport, transfer, or otherwise dis7 pose of, to another as consideration for any8 thing of value or without consideration; or 

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

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

11 (b) PROHIBITION OF TRANSPORT OF COUNTERFEIT

12 GOODS OR UNAUTHORIZED COPIES AND PHONORECORDS

13 OF COPYRIGHTED WORKS.— 

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

15 United States Code, is amended by inserting after 

16 section 2320 the following: 

17 ‘‘§ 2320A. Transport of counterfeit goods and unau18 thorized copyrighted works into or out of 

19 the United States 

20 ‘‘(a) DEFINITIONS.—In this section— 

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

22 the respective meanings given under section 101 of 

23 title 17; 

24 ‘‘(2) the term ‘counterfeit mark’ has the mean25 ing given under section 2320(e)(1); and 
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1 ‘‘(3) the term ‘United States’ means each of the 

2 several States of the United States, the District of 

3 Columbia, and the territories and possessions of the 

4 United States. 

5 ‘‘(b) OFFENSE.—Any person who intentionally trans6 ports goods bearing a counterfeit mark or copies or 

7 phonorecords of a copyrighted work not authorized by the 

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

9 purposes of commercial advantage or private financial 

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

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

12 (2) TECHNICAL AND CONFORMING AMEND13 MENT.—The table of sections for chapter 113 of 

14 title 18, United States Code, is amended by insert15 ing after the item relating to section 2320 the fol16 lowing: 

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

into or out of the United States.’’. 

Æ