The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“ANTICOUNTERFEITING CONSUMER PROTECTION ACT” mentioning the U.S. Dept. of Justice was published in the Senate section on pages S18580-S18582 on Dec. 13, 1995.
The publication is reproduced in full below:
ANTICOUNTERFEITING CONSUMER PROTECTION ACT
Mr. BROWN. Madam President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 250, S. 1136.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
A bill (S. 1136) to control and prevent commercial counterfeiting, and for other purposes.
The PRESIDING OFFICER. Is there objection to the immediate consideration of the bill?
There being no objection, the Senate proceeded to consider the bill. which had been reported from the Committee on the Judiciary, with amendments; as follows:
(The parts of the bill intended to be stricken are shown in boldface brackets and the part of the bill intended to be inserted are shown in italic.)
S. 1136
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anticounterfeiting Consumer Protection Act of 1995''.
SEC. 2. FINDINGS.
The counterfeiting of trademarked and copyrighted merchandise--
(1) has been connected with organized crime;
(2) deprives legitimate trademark and copyright owners of substantial revenues and consumer goodwill;
(3) poses health and safety threats to American consumers;
(4) eliminates American jobs; and
(5) is a multibillion-dollar drain on the United States economy.
SEC. 3. COUNTERFEITING AS RACKETEERING.
Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``, section 2318 (relating to trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works), section 2319 (relating to criminal infringement of a copyright), section 2320 (relating to trafficking in goods or services bearing counterfeit marks)'' after ``sections 2314 and 2315 (relating to interstate transportation of stolen property)''.
SEC. 4. APPLICATION TO COMPUTER PROGRAMS, COMPUTER PROGRAM
DOCUMENTATION, OR PACKAGING.
Section 2318 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``a computer program or computer program documentation or packaging or'' after ``copy of'';
(2) in subsection (b)(3), by inserting `` `computer program,' '' after `` `motion picture,' ''; and
(3) in subsection (c)(3), by inserting ``a copy of a computer program or computer program documentation or packaging,'' after ``enclose,''.
SEC. 5. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.
Section 2320 of title 18, United States Code, is amended by adding at the end the following new subsection:
``(e) Beginning with the first year after the date of enactment of this subsection, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28, on a district by district basis, for all actions involving trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, copies of motion pictures or other audiovisual works (as defined in section 2318 of title 18), criminal infringement of copyrights (as defined in section 2319 of title 18), or trafficking in goods or services bearing counterfeit marks (as defined in section 2320 of title 18, an accounting of--
``(1) the number of open investigations;
``(2) the number of cases referred by the United States Customs Service;
``(3) the number of cases referred by other agencies or sources; and
``(4) the number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought under sections 2318, 2319, and 2320 of title 18.''.
SEC. 6. SEIZURE OF COUNTERFEIT GOODS.
Section 34(d)(9) of the Act of July 5, 1946 (60 Stat. 427, chapter 540; 15 U.S.C. 1116(d)(9)), is amended by striking the first sentence and inserting the following: ``The court shall order that service of a copy of the order under this subsection shall be made by a Federal law enforcement officer
(such as a United States marshal or an officer or agent of the United States Customs Service, Secret Service, Federal Bureau of Investigation, or Post Office) or may be made by a State or local law enforcement officer, who, upon making service, shall carry out the seizure under the order.''.
SEC. 7. RECOVERY FOR VIOLATION OF RIGHTS.
Section 35 of the Act of July 5, 1946 (60 Stat. 427, chapter 540; 15 U.S.C. 1117), is amended by adding at the end the following new subsection:
``(c) In a case involving the use of a counterfeit mark (as defined in section 34(d) (15 U.S.C. 1116(d)) in connection with the sale, offering for sale, or distribution of goods or services, the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits under subsection (a), an award of statutory damages for any such use in the amount of--
``(1) not less than $500 or more than $100,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or
``(2) if the court finds that the use of the counterfeit mark was willful, not more than $1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just.''.
SEC. 8. DISPOSITION OF EXCLUDED ARTICLES.
Section 603(c) of title 17, United States Code, is amended in the second sentence by striking ``as the case may be;'' and all that follows through the end and inserting ``as the case may be.''.
SEC. 9. DISPOSITION OF MERCHANDISE BEARING AMERICAN
TRADEMARK.
Section 526(e) of the Tariff Act of 1930 (19 U.S.C. 1526(e)) is amended--
(1) in the second sentence, by inserting ``destroy the merchandise. Alternatively, if the merchandise is not unsafe or a hazard to health, and the Secretary has the consent of the trademark owner, the Secretary may'' after ``shall, after forfeiture,'';
(2) by inserting ``or'' at the end of paragraph (2);
(3) by striking ``, or'' at the end of paragraph (3) and inserting a period; and
(4) by striking paragraph (4).
SEC. 10. CIVIL PENALTIES.
Section 526 of the Tariff Act of 1930 (19 U.S.C. 1526) is amended by adding at the end the following new subsection:
``(f)(1) Any person who directs, assists financially or otherwise, or [is in any way concerned in] aids and abets the importation of merchandise for sale or public distribution that is seized under subsection (e) shall be subject to a civil fine.
``(2) For the first such seizure, the fine shall be [equal to] not more than the value that the merchandise would have had if it were genuine, according to the manufacturer's suggested retail price, determined under regulations promulgated by the Secretary.
``(3) For the second seizure and thereafter, the fine shall be [equal to] not more than twice the value that the merchandise would have had if it were genuine, as determined under regulations promulgated by the Secretary.
``(4) The imposition of a fine under this subsection shall be within the discretion of the United States Customs Service, and shall be in addition to any other civil or criminal penalty or other remedy authorized by law.''.
SEC. 11. PUBLIC DISCLOSURE OF AIRCRAFT MANIFESTS.
Section 431(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1431(c)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``vessel or aircraft'' before ``manifest'';
(2) by amending subparagraph (D) to read as follows:
``(D) The name of the vessel, aircraft, or carrier.'';
(3) by amending subparagraph (E) to read as follows:
``(E) The seaport or airport of loading.''; and
(4) by amending subparagraph (F) to read as follows:
``(F) The seaport or airport of discharge.''.
SEC. 12. CUSTOMS ENTRY DOCUMENTATION.
Section 484(d) of the Tariff Act of 1930 (19 U.S.C. 1484(d)) is amended--
(1) by striking ``Entries'' and inserting ``(1) Entries''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary, in prescribing regulations governing the content of entry documentation, shall require that entry documentation contain such information as may be necessary to determine whether the imported merchandise bears an infringing trademark in violation of section 42 of the Act of July 5, 1946 (60 Stat. 440, chapter 540; 15 U.S.C. 1124) or any other applicable law, including a trademark appearing on the goods or packaging.''.
SEC. 13. UNLAWFUL USE OF VESSELS, VEHICLES, AND AIRCRAFT IN
AID OF COMMERCIAL COUNTERFEITING.
Section 80302(a) of title 49, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(6)(A) A counterfeit label for a phonorecord, computer program or computer program documentation or packaging or copy of a motion picture or other audiovisual work (as defined in section 2318 of title 18);
``(B) a phonorecord or copy in violation of section 2319 of title 18; or
``(C) any good bearing a counterfeit mark (as defined in section 2320 of title 18).''.
SEC. 14. REGULATIONS.
Not later than 6 months after the date of enactment of this Act, the Secretary of the Treasury shall prescribe such regulations or amendments to existing regulations that may be necessary to implement and enforce this Act.
Mr. BROWN. Madam President, I ask unanimous consent that the committee amendments be agreed to, the bill be deemed read a third time, passed, the motion to reconsider be laid upon the table, and that any statements relating to the bill be placed at the appropriate place in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
So the committee amendments were agreed to.
The bill (S. 1136), as amended, was deemed read for the third time, and passed, as follows:
S. 1136
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Anticounterfeiting Consumer Protection Act of 1995''.
SEC. 2. FINDINGS.
The counterfeiting of trademarked and copyrighted merchandise--
(1) has been connected with organized crime;
(2) deprives legitimate trademark and copyright owners of substantial revenues and consumer goodwill;
(3) poses health and safety threats to American consumers;
(4) eliminates American jobs; and
(5) is a multibillion-dollar drain on the United States economy.
SEC. 3. COUNTERFEITING AS RACKETEERING.
Section 1961(1)(B) of title 18, United States Code, is amended by inserting ``, section 2318 (relating to trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works), section 2319 (relating to criminal infringement of a copyright), section 2320 (relating to trafficking in goods or services bearing counterfeit marks)'' after ``sections 2314 and 2315 (relating to interstate transportation of stolen property)''.
SEC. 4. APPLICATION TO COMPUTER PROGRAMS, COMPUTER PROGRAM
DOCUMENTATION, OR PACKAGING.
Section 2318 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``a computer program or computer program documentation or packaging or'' after ``copy of'';
(2) in subsection (b)(3), by inserting `` `computer program,' '' after `` `motion picture,' ''; and
(3) in subsection (c)(3), by inserting ``a copy of a computer program or computer program documentation or packaging,'' after ``enclose,''.
SEC. 5. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.
Section 2320 of title 18, United States Code, is amended by adding at the end the following new subsection:
``(e) Beginning with the first year after the date of enactment of this subsection, the Attorney General shall include in the report of the Attorney General to Congress on the business of the Department of Justice prepared pursuant to section 522 of title 28, on a district by district basis, for all actions involving trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, copies of motion pictures or other audiovisual works (as defined in section 2318 of title 18), criminal infringement of copyrights (as defined in section 2319 of title 18), or trafficking in goods or services bearing counterfeit marks (as defined in section 2320 of title 18, an accounting of--
``(1) the number of open investigations;
``(2) the number of cases referred by the United States Customs Service;
``(3) the number of cases referred by other agencies or sources; and
``(4) the number and outcome, including settlements, sentences, recoveries, and penalties, of all prosecutions brought under sections 2318, 2319, and 2320 of title 18.''.
SEC. 6. SEIZURE OF COUNTERFEIT GOODS.
Section 34(d)(9) of the Act of July 5, 1946 (60 Stat. 427, chapter 540; 15 U.S.C. 1116(d)(9)), is amended by striking the first sentence and inserting the following: ``The court shall order that service of a copy of the order under this subsection shall be made by a Federal law enforcement officer
(such as a United States marshal or an officer or agent of the United States Customs Service, Secret Service, Federal Bureau of Investigation, or Post Office) or may be made by a State or local law enforcement officer, who, upon making service, shall carry out the seizure under the order.''.
SEC. 7. RECOVERY FOR VIOLATION OF RIGHTS.
Section 35 of the Act of July 5, 1946 (60 Stat. 427, chapter 540; 15 U.S.C. 1117), is amended by adding at the end the following new subsection:
``(c) In a case involving the use of a counterfeit mark (as defined in section 34(d) (15 U.S.C. 1116(d)) in connection with the sale, offering for sale, or distribution of goods or services, the plaintiff may elect, at any time before final judgment is rendered by the trial court, to recover, instead of actual damages and profits under subsection (a), an award of statutory damages for any such use in the amount of--
``(1) not less than $500 or more than $100,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or
``(2) if the court finds that the use of the counterfeit mark was willful, not more than $1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just.''.
SEC. 8. DISPOSITION OF EXCLUDED ARTICLES.
Section 603(c) of title 17, United States Code, is amended in the second sentence by striking ``as the case may be;'' and all that follows through the end and inserting ``as the case may be.''.
SEC. 9. DISPOSITION OF MERCHANDISE BEARING AMERICAN
TRADEMARK.
Section 526(e) of the Tariff Act of 1930 (19 U.S.C. 1526(e)) is amended--
(1) in the second sentence, by inserting ``destroy the merchandise. Alternatively, if the merchandise is not unsafe or a hazard to health, and the Secretary has the consent of the trademark owner, the Secretary may'' after ``shall, after forfeiture,'';
(2) by inserting ``or'' at the end of paragraph (2);
(3) by striking ``, or'' at the end of paragraph (3) and inserting a period; and
(4) by striking paragraph (4).
SEC. 10. CIVIL PENALTIES.
Section 526 of the Tariff Act of 1930 (19 U.S.C. 1526) is amended by adding at the end the following new subsection:
``(f)(1) Any person who directs, assists financially or otherwise, or aids and abets the importation of merchandise for sale or public distribution that is seized under subsection (e) shall be subject to a civil fine.
``(2) For the first such seizure, the fine shall be not more than the value that the merchandise would have had if it were genuine, according to the manufacturer's suggested retail price, determined under regulations promulgated by the Secretary.
``(3) For the second seizure and thereafter, the fine shall be not more than twice the value that the merchandise would have had if it were genuine, as determined under regulations promulgated by the Secretary.
``(4) The imposition of a fine under this subsection shall be within the discretion of the United States Customs Service, and shall be in addition to any other civil or criminal penalty or other remedy authorized by law.''.
SEC. 11. PUBLIC DISCLOSURE OF AIRCRAFT MANIFESTS.
Section 431(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1431(c)(1)) is amended--
(1) in the matter preceding subparagraph (A), by inserting
``vessel or aircraft'' before ``manifest'';
(2) by amending subparagraph (D) to read as follows:
``(D) The name of the vessel, aircraft, or carrier.'';
(3) by amending subparagraph (E) to read as follows:
``(E) The seaport or airport of loading.''; and
(4) by amending subparagraph (F) to read as follows:
``(F) The seaport or airport of discharge.''.
SEC. 12. CUSTOMS ENTRY DOCUMENTATION.
Section 484(d) of the Tariff Act of 1930 (19 U.S.C. 1484(d)) is amended--
(1) by striking ``Entries'' and inserting ``(1) Entries''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary, in prescribing regulations governing the content of entry documentation, shall require that entry documentation contain such information as may be necessary to determine whether the imported merchandise bears an infringing trademark in violation of section 42 of the Act of July 5, 1946 (60 Stat. 440, chapter 540; 15 U.S.C. 1124) or any other applicable law, including a trademark appearing on the goods or packaging.''.
SEC. 13. UNLAWFUL USE OF VESSELS, VEHICLES, AND AIRCRAFT IN
AID OF COMMERCIAL COUNTERFEITING.
Section 80302(a) of title 49, United States Code, is amended--
(1) by striking ``or'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and inserting ``; or''; and
(3) by adding at the end the following new paragraph:
[[Page S18582]]
``(6)(A) A counterfeit label for a phonorecord, computer program or computer program documentation or packaging or copy of a motion picture or other audiovisual work (as defined in section 2318 of title 18);
``(B) a phonorecord or copy in violation of section 2319 of title 18; or
``(C) any good bearing a counterfeit mark (as defined in section 2320 of title 18).''.
SEC. 14. REGULATIONS.
Not later than 6 months after the date of enactment of this Act, the Secretary of the Treasury shall prescribe such regulations or amendments to existing regulations that may be necessary to implement and enforce this Act.
Mr. BROWN. The distinguished Senator from Kentucky has been so cooperative, I wonder if he might agree to the balanced budget by unanimous consent at this time.
Mr. FORD. Madam President, there is always euphoria at times around here, and we usually have to put the needle into the balloon, and I will just do that now. [Laughter.]
Mr. BROWN. I had hoped the Senator, for the sake of the Christmas spirit, might be willing to go along.
Mr. FORD. The Senator from Kentucky has a lot of spirit, Senator.
Mr. BROWN. I know. But you charge for that.
Mr. FORD. That is right--for you, double. [Laughter.]
Mr. BROWN. We will want to assure the Senator that we will give him another chance.
Mr. FORD. I always look forward to another chance. At 72, I have had second chances for a long time.
