[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5249 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5249

 To amend the Foreign Assistance Act of 1961 to require recipients of 
 United States foreign assistance to certify that the assistance will 
not be used to intentionally traffic in goods or services that contain 
               counterfeit marks, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 2006

Mr. Terry (for himself, Mr. Crowley, Ms. Harris, Mr. Feeney, Mr. Holt, 
  Mr. Osborne, Mr. Fortenberry, Mr. Rogers of Michigan, Mr. Walden of 
 Oregon, Mr. Green of Wisconsin, Mr. Davis of Illinois, Mr. Manzullo, 
    Mr. Meeks of New York, Mr. Pence, Mr. McCotter, and Mr. Souder) 
 introduced the following bill; which was referred to the Committee on 
                        International Relations

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Assistance Act of 1961 to require recipients of 
 United States foreign assistance to certify that the assistance will 
not be used to intentionally traffic in goods or services that contain 
               counterfeit marks, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CERTIFICATION REQUIREMENT RELATING TO TRAFFICKING IN GOODS 
              OR SERVICES THAT CONTAIN COUNTERFEIT MARKS.

    (a) Amendments.--Chapter 1 of part III of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2351 et seq.) is amended--
            (1) by redesignating the second section 620G (as added by 
        section 149 of Public Law 104-164 (110 Stat. 1436)) as section 
        620J; and
            (2) by adding at the end the following new section:

``SEC. 620K. CERTIFICATION REQUIREMENT RELATING TO TRAFFICKING IN GOODS 
              OR SERVICES THAT CONTAIN COUNTERFEIT MARKS.

    ``(a) Bilateral Assistance.--Assistance to a nongovernmental 
organization may be provided under this Act or any other Act for a 
fiscal year only if the nongovernmental organization and each 
subrecipient of the assistance first submits to the Government of the 
United States a certification described in subsection (c).
    ``(b) Multilateral Assistance.--Voluntary and assessed 
contributions to an international organization may be provided under 
this Act or any other Act for a fiscal year only if the international 
organization and each subrecipient first submits to the Government of 
the United States a certification described in subsection (c).
    ``(c) Certification.--A certification described in this subsection 
is a certification that the assistance described in subsection (a) or 
voluntary or assessed contributions described in subsection (b), as the 
case may be--
            ``(1) will not be used to intentionally traffic in goods or 
        services that contain counterfeit marks; and
            ``(2) will not be used to provide goods or services that 
        are unauthorized by the owner or holder of the intellectual 
        property rights (including trademarks, copyrights, and trade 
        secrets) in such goods or services.
    ``(d) Suspension and Termination of Assistance.--The President 
shall suspend or terminate--
            ``(1) assistance described in subsection (a) with respect 
        to a nongovernmental organization or subrecipient, or
            ``(2) voluntary or assessed contributions described in 
        subsection (b) with respect to an international organization or 
        subrecipient,
in whole or in part if the President determines that any activity has 
occurred in violation of a certification made under subsection (c) with 
respect to which the assistance or voluntary or assessed contributions, 
as the case may be, relates.
    ``(e) Definition.--In this section, the terms `counterfeit mark' 
and `traffic' have the meanings given those terms in section 2320 of 
title 18, United States Code.''.
    (b) Effective Date.--The certification requirements under section 
620K of the Foreign Assistance Act of 1961 (as added by subsection (a) 
of this section) apply with respect to the provision of assistance to 
nongovernmental organizations and voluntary and assessed contributions 
to international organizations for fiscal year 2007 and subsequent 
fiscal years.
                                 <all>