Anticounterfeiting Consumer Protection Act of 1996
Public Law 104-153 · S. 1136 · 104th Congress · began in the Senate
Signed by Bill Clinton (D) on Jul 2, 1996 · Crime and Law Enforcement
Sponsor: Sen. Orrin Hatch (R-UT)
Cosponsors (12): Sen. Patrick Leahy, Sen. Strom Thurmond,
Passage votes
- HouseUnanimous consent
- SenateUnanimous consent
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Anticounterfeiting Consumer Protection Act of 1996 - Makes the following (counterfeiting offenses) predicate offenses under the Racketeer Influenced and Corrupt Organizations Act: (1) trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works; (2) criminal copyright infringement; (3) unauthorized fixation of and trafficking in sound recordings and music videos of live music performances; (4) trafficking in goods or services bearing counterfeit marks; and (5) interstate transportation of stolen property.
(Sec. 4) Amends the Federal criminal code to extend to computer programs and computer program documentation and packaging existing prohibitions and penalties applicable to trafficking in counterfeit labels affixed or designed to be affixed to phonorecords or copies of a motion picture or other audiovisual work.
(Sec. 5) Requires the Attorney General to include in a report to the Congress, on a district by district basis, an accounting of all actions taken by the Department of Justice that involve counterfeiting offenses.
(Sec. 6) Amends the Lanham Act to: (1) require the court to order the seizure of an aircraft, vehicle, or vessel used in connection with a violation of such Act; and (2) permit the plaintiff, in a case involving the use of a counterfeit mark in connection with the sale, offering for sale, or distribution of goods or services, to recover, instead of actual damages and profits, an award of statutory damages, as specified.
(Sec. 8) Repeals a provision allowing forfeited articles that are excluded from importation under Federal copyright law to be refunded to the country of export whenever it is shown that the importer had no reasonable grounds for believing that his or her acts constituted a violation of law.
(Sec. 9) Amends the Tariff Act of 1930 to: (1) direct the Secretary of the Treasury, after forfeiture of merchandise bearing a counterfeit American trademark, to destroy the merchandise; or (2) alternatively, authorize the Secretary to obliterate the trademark where feasible and dispose of the goods seized as specified if the merchandise is not unsafe or a hazard to health and the Secretary has the consent of the trademark owner.
(Sec. 10) Establishes civil penalties for aiding and abetting the importation for sale or public distribution of merchandise that is seized for bearing a counterfeit American trademark. Sets limits on fines for first and subsequent seizures, based on the value that the merchandise would have had if it were genuine. Specifies that the imposition of such fine shall be within the discretion of the Customs Service and in addition to any other civil or criminal penalty or other remedy authorized by law.
(Sec. 11) Provides for the public disclosure of aircraft manifests.
(Sec. 12) Directs the Secretary to require that entry documentation contain information necessary to determine whether the imported merchandise bears an infringing trademark.
(Sec. 13) Includes within the definition of "contraband": (1) a counterfeit label for a phonorecord, computer program or its documentation or packaging, or motion picture or other audiovisual work; (2) a phonorecord or copy that criminally infringes a copyright; (3) a prohibited unauthorized fixation of a sound recording or music video of a live musical performance; or (4) any good bearing a counterfeit mark.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 20 actions.
- Jul 2, 1996Became lawBecame law · Became Public Law No: 104-153.
- Became lawBecame law · Signed by President.
- Jun 24, 1996PresidentPresident · Presented to President.
- Jun 14, 1996Resolving differencesResolving differences · Senate agreed to House amendment by Unanimous Consent.
- Jun 5, 1996FloorFloor · Message on House action received in Senate and at desk: House amendment to Senate bill and House requests a conference.
- Jun 4, 1996Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
- Resolving differencesResolving differences · The Speaker appointed conferees: Hyde, Moorhead, Goodlatte, Conyers, and Schroeder.
- Resolving differencesResolving differences · On motion that the House insist upon its amendment, and request a conference Agreed to without objection.
- Resolving differencesResolving differences · Mr. Moorhead asked unanimous consent that the House insist upon its amendment, and request a conference.
- FloorFloor · A similar measure H.R. 2511 was laid on the table without objection.
- FloorFloor · On passage Passed without objection.
- FloorFloor · The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 2511. Agreed to without objection.
- FloorFloor · Considered by unanimous consent.
- FloorFloor · Mr. Moorhead asked unanimous consent to take from the Speaker's table and consider.
- Dec 13, 1995FloorFloor · Passed Senate with amendments by Voice Vote.
- Nov 28, 1995CommitteeCommittee · Reported by Senate Judiciary Committee
- Oct 26, 1995CommitteeCommittee · Markup by Senate Judiciary Committee
- Oct 10, 1995CommitteeCommittee · Hearings by Senate Judiciary Committee
- Aug 9, 1995CommitteeCommittee · Referred to Senate Judiciary Committee
- IntroducedIntroduced · Introduced in the Senate
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.