Stop Counterfeiting in Manufactured Goods Act
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 |
| R-CT | Rob Simmons | Original | Jan 4, 2005 |
| D-FL | Robert Wexler | Original | Jan 4, 2005 |
| D-MI | Sander M. Levin | Original | Jan 4, 2005 |
| R-OH | Steve Chabot | Original | Jan 4, 2005 |
| R-MI | Thaddeus G. McCotter | Original | Jan 4, 2005 |
| R-MI | Vernon J. Ehlers | Original | Jan 4, 2005 |
| R-IL | Donald A. Manzullo | Jan 6, 2005 | |
| R-TN | Marsha Blackburn | Jan 6, 2005 | |
| D-WA | Adam Smith | Jan 25, 2005 | |
| R-CA | Ken Calvert | Jan 25, 2005 | |
| R-IN | Mark E. Souder | Jan 25, 2005 | |
| R-IN | Mike Pence | Jan 25, 2005 | |
| D-NY | Nydia M. Velázquez | Jan 25, 2005 | |
| R-CA | Edward R. Royce | Feb 1, 2005 | |
| D-NY | Gary L. Ackerman | Feb 1, 2005 | |
| R-MN | Gil Gutknecht | Feb 1, 2005 | |
| R-MI | John J.H. "Joe" Schwarz | Feb 1, 2005 | |
| R-AZ | Jeff Flake | Feb 2, 2005 | |
| R-PA | Jim Gerlach | Feb 2, 2005 | |
| D-MI | Dale E. Kildee | Feb 8, 2005 | |
| R-CA | Howard P. "Buck" McKeon | Feb 8, 2005 | |
| R-PA | Todd Russell Platts | Feb 8, 2005 | |
| R-TN | William L. Jenkins | Feb 8, 2005 | |
| R-SC | Joe Wilson | Feb 9, 2005 | |
| D-NY | Anthony D. Weiner | Feb 10, 2005 | |
| D-NY | Carolyn B. Maloney | Feb 10, 2005 | |
| R-IN | John N. Hostettler | Feb 10, 2005 | |
| D-NJ | Robert Menendez | Feb 15, 2005 | |
| R-NJ | Scott Garrett | Feb 15, 2005 | |
| D-OH | Sherrod Brown | Feb 15, 2005 | |
| R-FL | Tom Feeney | Mar 1, 2005 | |
| D-CA | Diane E. Watson | Mar 2, 2005 | |
| R-PA | Michael G. Fitzpatrick | Mar 2, 2005 | |
| D-OH | Tim Ryan | Mar 2, 2005 | |
| R-IN | Chris Chocola | Mar 8, 2005 | |
| R-CA | Elton Gallegly | Mar 8, 2005 | |
| R-PR | Luis G. Fortuno | Mar 8, 2005 | |
| R-CA | Mary Bono | Mar 8, 2005 | |
| R-PA | Melissa A. Hart | Mar 8, 2005 | |
| D-PA | Paul E. Kanjorski | Mar 8, 2005 | |
| D-NJ | Steven R. Rothman | Mar 8, 2005 | |
| D-MN | Collin C. Peterson | Mar 16, 2005 | |
| R-TX | Louie Gohmert | Mar 16, 2005 | |
| D-TN | Bart Gordon | Apr 12, 2005 |
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.
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 |
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
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.
- Administrative procedure
- Arts, Culture, Religion
- Commerce
- Compensation for victims of crime
- Computer software
- Crime and Law Enforcement
- Deceptive advertising
- Evidence (Law)
- Fines (Penalties)
- Forfeiture
- Government Operations and Politics
- Intellectual property
- Labeling
- Law
- Music
- Packaging
- Product counterfeiting
- Science, Technology, Communications
- Sentencing guidelines
- Sound recording and reproducing
- Trademarks
- U.S. Sentencing Commission
- Video tape recording
Text 6
Each version as it was printed, newest first.
- —Enrolled Bill
- Feb 16, 2006Engrossed Amendment Senate
- May 24, 2005Referred in Senate
- May 23, 2005Engrossed in House
- May 3, 2005Reported in House
- Jan 4, 2005Introduced in House
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.