HR 32 · 109th Congress 2005–2007, ended

Stop Counterfeiting in Manufactured Goods Act

Introduced Jan 4, 2005 Originated House Became Public Law 109-181 Sponsor Joe Knollenberg R-MI

Latest action · Mar 16, 2006 Became Public Law No: 109-181.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

IntroducedJan 4, 2005
Passed HouseMay 23, 2005
Passed SenateFeb 15, 2006
To the PresidentMar 10, 2006
Became lawMar 16, 2006Public Law 109-181

Summary

This measure has not been amended since it was passed by the Senate on February 15, 2006. The summary of that version is repeated here.

Stop Counterfeiting in Manufactured Goods Act - Amends the federal criminal code to revise provisions prohibiting the trafficking in counterfeit goods and services to include trafficking in labels or similar packaging of any type or nature, with knowledge that a counterfeit mark has been applied to such labels or packaging, the use of which is likely to cause confusion, to cause mistake, or to deceive.

Subjects to forfeiture any article that bears or consists of a counterfeit mark and any property used to violate the prohibition against counterfeit marks. Directs a court: (1) at the conclusion of forfeiture proceedings, to order the destruction of any article that bears or consists of a counterfeit mark; and (2) to order any person convicted of using a counterfeit mark to forfeit to the United States property used in commission of the crime and to pay restitution to the owner of the mark and any other affected victim.

Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to or consists of a label or packaging of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with the goods and services for which the mark is registered in the U.S. Patent and Trademark Office, that is substantially indistinguishable from such registered mark, and that is likely to cause confusion, to cause mistake, or to deceive.

Provides that nothing in this Act shall entitle the United States to bring a criminal prosecution for the repackaging of genuine goods or services not intended to deceive or confuse.

Directs the U.S. Sentencing Commission to: (1) review and amend federal sentencing guidelines and policy statements applicable to persons convicted of trafficking in counterfeit labels or goods and services; and (2) make findings with respect to the definition of "infringement amount."

Protecting American Goods and Services Act of 2005 (sic) - Amends the federal criminal code to modify the definition of "traffic" for purposes of the prohibition against trafficking in counterfeit goods or services to include the motive of commercial advantage or private financial gain in such activity. Applies such definition to related provisions pertaining to: (1) trafficking in sound recordings and music videos of live musical performances; (2) trafficking in counterfeit labels for phonorecords and computer programs; and (3) unauthorized fixation and trafficking in sound recordings and music videos.

Cosponsors 59

Members who signed on, in the order they did. Signatures ran from Jan 4, 2005 to Apr 12, 2005; 21 are original cosponsors, there from the day it was introduced.

Seat	Cosponsor		Signed on
R-VA	Bob Goodlatte	Original	Jan 4, 2005
R-MI	Candice S. Miller	Original	Jan 4, 2005
R-PA	Curt Weldon	Original	Jan 4, 2005
R-CA	Dana Rohrabacher	Original	Jan 4, 2005
R-MI	Dave Camp	Original	Jan 4, 2005
R-MI	Fred Upton	Original	Jan 4, 2005
R-NC	Howard Coble	Original	Jan 4, 2005
D-MA	James P. McGovern	Original	Jan 4, 2005
R-TX	Lamar Smith	Original	Jan 4, 2005
R-NE	Lee Terry	Original	Jan 4, 2005
D-OH	Marcy Kaptur	Original	Jan 4, 2005
R-WI	Mark Green	Original	Jan 4, 2005
R-MI	Mike Rogers	Original	Jan 4, 2005
R-OH	Paul E. Gillmor	Original	Jan 4, 2005
R-MI	Peter Hoekstra	Original	Jan 4, 2005

Show all 59 cosponsors

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

Chamber	Committee	What it did
House	Judiciary Committee	Referred Jan 4, 2005Markup Apr 13, 2005Reported May 3, 2005
	Crime and Federal Government Surveillance Subcommittee	Referred Mar 2, 2005Markup Mar 17, 2005Reported Mar 17, 2005
Senate	Judiciary Committee	Referred May 24, 2005Discharged Feb 16, 2006

Actions 28

Everything that happened, newest first.

Mar 16, 2006Signed by President.
Mar 16, 2006Became Public Law No: 109-181.
Mar 10, 2006Presented to President.
Mar 7, 2006Mr. Sensenbrenner moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H593-596)
Mar 7, 2006DEBATE - The House proceeded with forty minutes of debate on the motion to suspend the rules and agree to the Senate amendment to H.R. 32.
Mar 7, 2006Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by voice vote. (text as House agreed to Senate amendment: CR H593-594)
Mar 7, 2006Motion to reconsider laid on the table Agreed to without objection.
Mar 7, 2006Cleared for White House.
Feb 15, 2006Senate Committee on the Judiciary discharged by Unanimous Consent.
Feb 15, 2006Measure laid before Senate by unanimous consent. (consideration: CR S1367-1370)
Feb 15, 2006Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Feb 15, 2006Message on Senate action sent to the House.
May 24, 2005Received in the Senate and Read twice and referred to the Committee on the Judiciary.
May 23, 2005Mr. Goodlatte moved to suspend the rules and pass the bill, as amended.
May 23, 2005Considered under suspension of the rules. (consideration: CR H3677-3703)
May 23, 2005DEBATE - The House proceeded with forty minutes of debate on H.R. 32.
May 23, 2005Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H3699-3700)
May 23, 2005Motion to reconsider laid on the table Agreed to without objection.
May 3, 2005Reported (Amended) by the Committee on Judiciary. H. Rept. 109-68.
May 3, 2005Placed on the Union Calendar, Calendar No. 34.
Apr 13, 2005Committee Consideration and Mark-up Session Held.
Apr 13, 2005Ordered to be Reported (Amended) by Voice Vote.
Mar 17, 2005Subcommittee Consideration and Mark-up Session Held.
Mar 17, 2005Forwarded by Subcommittee to Full Committee by Voice Vote.
Mar 2, 2005Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Jan 4, 2005Introduced in House
Jan 4, 2005Sponsor introductory remarks on measure. (CR E19-20)
Jan 4, 2005Referred to the House Committee on the Judiciary.

In the Congressional Record 7

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

Where	In the Record	Members	Date
House · Senate	Debate and remarks H593–H596, S1829Text printed H593Amendments H593	F. James Sensenbrenner, Jr. R-WI, Joe Knollenberg R-MI, John Conyers, Jr. D-MI, John Cornyn R-TX, Paul E. Gillmor R-OH, Robert C. "Bobby" Scott D-VA, Sander M. Levin D-MI	Mar 7, 2006
Senate	Debate and remarks S1367–S1369Amendments S1365, S1369	Arlen Specter D-PA (amendment), Patrick J. Leahy D-VT, William H. Frist R-TN	Feb 15, 2006
Senate	Debate and remarks S1124, S1125	Arlen Specter D-PA, Patrick J. Leahy D-VT	Feb 13, 2006
Senate	Debate and remarks S12718	Arlen Specter D-PA	Nov 10, 2005
Extensions	Debate and remarks E1072	Steven R. Rothman D-NJ	May 24, 2005

Show all 7 days

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

H. Rept. 109-68

Congressional Budget Office cost estimates 2

Apr 15, 2005H.R. 32, Stop Counterfeiting in Manufactured Goods Act<p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on April 13, 2005</p>
Apr 15, 2005H.R. 32, Stop Counterfeiting in Manufactured Goods ActCost estimate for the bill as ordered reported by the House Committee on the Judiciary on April 13, 2005

Printed hearings 5

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

Number	Hearing	Committee	Held
S. Hrg. 109-1105	IMPACTS OF PIRACY AND COUNTERFEITING OF AMERICAN GOODS AND INTELLECTUAL PROPERTY IN CHINA56 pages	Commerce, Science, and Transportation Committee	Mar 8, 2006
Serial No. 109-26	PRODUCT COUNTERFEITING: HOW FAKES ARE UNDERMINING U.S. JOBS, INNOVATION, AND CONSUMER SAFETY50 pages	Energy and Commerce Committee	Jun 25, 2005
S. Hrg. 109-352	FINDING AND FIGHTING FAKES: REVIEWING THE STRATEGY TARGETING ORGANIZED PIRACY194 pages	Homeland Security and Governmental Affairs Committee	Jun 14, 2005
Serial No. 109-18	DOES CHINA ENACT BARRIERS TO FAIR TRADE?192 pages	Small Business Committee	May 26, 2005
Serial No. 109-36	RESPONDING TO ORGANIZED CRIMES AGAINST MANUFACTURERS AND RETAILERS115 pages	Judiciary Committee	Mar 17, 2005

CRS reports 1

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 1

Products on other subjects that cite it, usually among other measures.

Product	Title	Kind	Published
RL33836	Campaign Finance Legislation and Activity in the 109th Congress Archived	Report	Jan 26, 2007

Amendments 1

Amendments offered to this bill.

Amendment	Description	Offered by	Status
SA 2889	In the nature of a substitute.	Arlen Specter D-PA	Amendment SA 2889 agreed to in Senate by Unanimous Consent.

Related bills 1

Companion bills and other measures the record links to this one.

Bill	Title	Relationship	Latest action
S 1699	Stop Counterfeiting in Manufactured Goods Act	Related bill	Nov 14, 2005

Titles 8

Every title it has carried, official and short, at each stage.

Official Title as Introduced: To amend title 18, United States Code, to provide criminal penalties for trafficking in counterfeit marks.
Short Titles as Introduced: Stop Counterfeiting in Manufactured Goods Act
Short Titles as Reported to House: Stop Counterfeiting in Manufactured Goods Act
Short Titles as Passed House: Stop Counterfeiting in Manufactured Goods Act
Short Titles as Passed Senate: Stop Counterfeiting in Manufactured Goods Act
Short Titles as Enacted: Stop Counterfeiting in Manufactured Goods Act
Short Titles as Passed Senate for portions of this bill: Protecting American Goods and Services Act of 2005
Short Titles as Enacted for portions of this bill: Protecting American Goods and Services Act of 2005

Subjects

Assigned by the Library of Congress. Policy area: Crime and Law Enforcement.

Text 6

Each version as it was printed, newest first.

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.