[Congressional Record Volume 150, Number 114 (Tuesday, September 21, 2004)]
[House]
[Pages H7264-H7267]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INTELLECTUAL PROPERTY PROTECTION AND COURTS AMENDMENTS ACT OF 2004
Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 3632) to prevent and punish counterfeiting of
copyrighted copies and phonorecords, and for other purposes, as
amended.
The Clerk read as follows:
H.R. 3632
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 ``Intellectual Property
Protection and Courts Amendments Act of 2004''.
TITLE I--ANTI-COUNTERFEITING PROVISIONS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Anti-counterfeiting
Amendments Act of 2004''.
SEC. 102. PROHIBITION AGAINST TRAFFICKING IN COUNTERFEIT
COMPONENTS.
(a) In General.--Section 2318 of title 18, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 2318. Trafficking in counterfeit labels, illicit
labels, or counterfeit documentation or packaging'';
(2) by striking subsection (a) and inserting the following:
``(a) Whoever, in any of the circumstances described in
subsection (c), knowingly traffics in--
``(1) a counterfeit label or illicit label affixed to,
enclosing, or accompanying, or designed to be affixed to,
enclose, or accompany--
``(A) a phonorecord;
``(B) a copy of a computer program;
``(C) a copy of a motion picture or other audiovisual work;
``(D) a copy of a literary work;
``(E) a copy of a pictorial, graphic, or sculptural work;
``(F) a work of visual art; or
``(G) documentation or packaging; or
``(2) counterfeit documentation or packaging,
shall be fined under this title or imprisoned for not more
than 5 years, or both.'';
(3) in subsection (b)--
(A) in paragraph (2), by striking ``and'' after the
semicolon;
(B) in paragraph (3)--
(i) by striking ``and `audiovisual work' have'' and
inserting the following: `` `audiovisual work', `literary
work', `pictorial, graphic, or sculptural work', `sound
recording', `work of visual art', and `copyright owner'
have''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(4) the term `illicit label' means a genuine certificate,
licensing document, registration card, or similar labeling
component--
``(A) that is used by the copyright owner to verify that a
phonorecord, a copy of a computer program, a copy of a motion
picture or other audiovisual work, a copy of a literary work,
a copy of a pictorial, graphic, or sculptural work, a work of
visual art, or documentation or packaging is not counterfeit
or infringing of any copyright; and
``(B) that is, without the authorization of the copyright
owner--
``(i) distributed or intended for distribution not in
connection with the copy, phonorecord, or work of visual art
to which such labeling component was intended to be affixed
by the respective copyright owner; or
``(ii) in connection with a genuine certificate or
licensing document, knowingly falsified in order to designate
a higher number of licensed users or copies than authorized
by the copyright owner, unless that certificate or document
is used by the copyright owner solely for the purpose of
monitoring or tracking the copyright owner's distribution
channel and not for the purpose of verifying that a copy or
phonorecord is noninfringing;
``(5) the term `documentation or packaging' means
documentation or packaging, in physical form, for a
phonorecord, copy of a computer program, copy of a motion
picture or other audiovisual work, copy of a literary work,
copy of a pictorial, graphic, or sculptural work, or work of
visual art; and
``(6) the term `counterfeit documentation or packaging'
means documentation or packaging that appears to be genuine,
but is not.'';
(4) in subsection (c)--
(A) by striking paragraph (3) and inserting the following:
``(3) the counterfeit label or illicit label is affixed to,
encloses, or accompanies, or is designed to be affixed to,
enclose, or accompany--
``(A) a phonorecord of a copyrighted sound recording or
copyrighted musical work;
``(B) a copy of a copyrighted computer program;
``(C) a copy of a copyrighted motion picture or other
audiovisual work;
``(D) a copy of a literary work;
``(E) a copy of a pictorial, graphic, or sculptural work;
``(F) a work of visual art; or
``(G) copyrighted documentation or packaging; or''; and
(B) in paragraph (4), by striking ``for a computer
program''; and
(5) in subsection (d)--
(A) by inserting ``or illicit labels'' after ``counterfeit
labels'' each place it appears; and
(B) by inserting before the period at the end the
following: ``, and of any equipment, device, or material used
to manufacture, reproduce, or assemble the counterfeit labels
or illicit labels''.
(b) Civil Remedies.--Section 2318 of title 18, United
States Code, is further amended by adding at the end the
following:
``(f) Civil Remedies.--
``(1) In general.--Any copyright owner who is injured, or
is threatened with injury, by a violation of subsection (a)
may bring a civil action in an appropriate United States
district court.
``(2) Discretion of court.--In any action brought under
paragraph (1), the court--
``(A) may grant 1 or more temporary or permanent
injunctions on such terms as the court determines to be
reasonable to prevent or restrain a violation of subsection
(a);
``(B) at any time while the action is pending, may order
the impounding, on such terms as the court determines to be
reasonable, of any article that is in the custody or control
of the alleged violator and that the court has reasonable
cause to believe was involved in a violation of subsection
(a); and
``(C) may award to the injured party--
``(i) reasonable attorney fees and costs; and
``(ii)(I) actual damages and any additional profits of the
violator, as provided in paragraph (3); or
``(II) statutory damages, as provided in paragraph (4).
``(3) Actual damages and profits.--
``(A) In general.--The injured party is entitled to
recover--
``(i) the actual damages suffered by the injured party as a
result of a violation of subsection (a), as provided in
subparagraph (B) of this paragraph; and
``(ii) any profits of the violator that are attributable to
a violation of subsection (a) and are not taken into account
in computing the actual damages.
``(B) Calculation of damages.--The court shall calculate
actual damages by multiplying--
``(i) the value of the phonorecords, copies, or works of
visual art which are, or are intended to be, affixed with,
enclosed in, or accompanied by any counterfeit labels,
illicit
[[Page H7265]]
labels, or counterfeit documentation or packaging, by
``(ii) the number of phonorecords, copies, or works of
visual art which are, or are intended to be, affixed with,
enclosed in, or accompanied by any counterfeit labels,
illicit labels, or counterfeit documentation or packaging.
``(C) Definition.--For purposes of this paragraph, the
`value' of a phonorecord, copy, or work of visual art is--
``(i) in the case of a copyrighted sound recording or
copyrighted musical work, the retail value of an authorized
phonorecord of that sound recording or musical work;
``(ii) in the case of a copyrighted computer program, the
retail value of an authorized copy of that computer program;
``(iii) in the case of a copyrighted motion picture or
other audiovisual work, the retail value of an authorized
copy of that motion picture or audiovisual work;
``(iv) in the case of a copyrighted literary work, the
retail value of an authorized copy of that literary work;
``(v) in the case of a pictorial, graphic, or sculptural
work, the retail value of an authorized copy of that work;
and
``(vi) in the case of a work of visual art, the retail
value of that work.
``(4) Statutory damages.--The injured party may elect, at
any time before final judgment is rendered, to recover,
instead of actual damages and profits, an award of statutory
damages for each violation of subsection (a) in a sum of not
less than $2,500 or more than $25,000, as the court considers
appropriate.
``(5) Subsequent violation.--The court may increase an
award of damages under this subsection by 3 times the amount
that would otherwise be awarded, as the court considers
appropriate, if the court finds that a person has
subsequently violated subsection (a) within 3 years after a
final judgment was entered against that person for a
violation of that subsection.
``(6) Limitation on actions.--A civil action may not be
commenced under section unless it is commenced within 3 years
after the date on which the claimant discovers the violation
of subsection (a).''.
(c) Conforming Amendment.--The item relating to section
2318 in the table of sections for chapter 113 of title 18,
United States Code, is amended to read as follows:
``2318. Trafficking in counterfeit labels, illicit labels, or
counterfeit documentation or packaging.''.
SEC. 103. OTHER RIGHTS NOT AFFECTED.
(a) Chapters 5 and 12 of Title 17; Electronic
Transmissions.--The amendments made by this title--
(1) shall not enlarge, diminish, or otherwise affect any
liability or limitations on liability under sections 512,
1201 or 1202 of title 17, United States Code; and
(2) shall not be construed to apply--
(A) in any case, to the electronic transmission of a
genuine certificate, licensing document, registration card,
similar labeling component, or documentation or packaging
described in paragraph (4) or (5) of section 2318(b) of title
18, United States Code, as amended by this title; and
(B) in the case of a civil action under section 2318(f) of
title 18, United States Code, to the electronic transmission
of a counterfeit label or counterfeit documentation or
packaging defined in paragraph (1) or (6) of section 2318(b)
of title 18, United States Code.
(b) Fair Use.--The amendments made by this title shall not
affect the fair use, under section 107 of title 17, United
States Code, of a genuine certificate, licensing document,
registration card, similar labeling component, or
documentation or packaging described in paragraph (4) or (5)
of section 2318(b) of title 18, United States Code, as
amended by this title.
TITLE II--FRAUDULENT ONLINE IDENTITY SANCTIONS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Fraudulent Online Identity
Sanctions Act''.
SEC. 202. AMENDMENT TO TRADEMARK ACT OF 1946.
Section 35 of the Act entitled ``An Act to provide for the
registration and protection of trademarks used in commerce,
to carry out the provisions of certain international
conventions, and for other purposes'', approved July 5, 1946
(commonly referred to as the ``Trademark Act of 1946''; 15
U.S.C. 1117), is amended by adding at the end the following
new subsection:
``(e) In the case of a violation referred to in this
section, it shall be a rebuttable presumption that the
violation is willful for purposes of determining relief if
the violator, or a person acting in concert with the
violator, knowingly provided or knowingly caused to be
provided materially false contact information to a domain
name registrar, domain name registry, or other domain name
registration authority in registering, maintaining, or
renewing a domain name used in connection with the violation.
Nothing in this subsection limits what may be considered a
willful violation under this section.''.
SEC. 203. AMENDMENT TO TITLE 17, UNITED STATES CODE.
Section 504(c) of title 17, United States Code, is amended
by adding at the end the following new paragraph:
``(3) (A) In a case of infringement, it shall be a
rebuttable presumption that the infringement was committed
willfully for purposes of determining relief if the violator,
or a person acting in concert with the violator, knowingly
provided or knowingly caused to be provided materially false
contact information to a domain name registrar, domain name
registry, or other domain name registration authority in
registering, maintaining, or renewing a domain name used in
connection with the infringement.
``(B) Nothing in this paragraph limits what may be
considered willful infringement under this subsection.
``(C) For purposes of this paragraph, the term `domain
name' has the meaning given that term in section 45 of the
Act entitled `An Act to provide for the registration and
protection of trademarks used in commerce, to carry out the
provisions of certain international conventions, and for
other purposes' approved July 5, 1946 (commonly referred to
as the `Trademark Act of 1946'; 15 U.S.C. 1127).''.
SEC. 204. AMENDMENT TO TITLE 18, UNITED STATES CODE.
(a) Sentencing Enhancement.--Section 3559 of title 18,
United States Code, is amended by adding at the end the
following:
``(f)(1) If a defendant who is convicted of a felony
offense (other than offense of which an element is the false
registration of a domain name) knowingly falsely registered a
domain name and knowingly used that domain name in the course
of that offense, the maximum imprisonment otherwise provided
by law for that offense shall be doubled or increased by 7
years, whichever is less.
``(2) As used in this section--
``(A) the term `falsely registers' means registers in a
manner that prevents the effective identification of or
contact with the person who registers; and
``(B) the term `domain name' has the meaning given that
term is section 45 of the Act entitled `An Act to provide for
the registration and protection of trademarks used in
commerce, to carry out the provisions of certain
international conventions, and for other purposes' approved
July 5, 1946 (commonly referred to as the `Trademark Act of
1946') (15 U.S.C. 1127).''.
(b) United States Sentencing Commission.--
(1) Directive.--Pursuant to its authority under section
994(p) of title 28, United States Code, and in accordance
with this section, the United States Sentencing Commission
shall review and amend the sentencing guidelines and policy
statements to ensure that the applicable guideline range for
a defendant convicted of any felony offense carried out
online that may be facilitated through the use of a domain
name registered with materially false contact information is
sufficiently stringent to deter commission of such acts.
(2) Requirements.--In carrying out this subsection, the
Sentencing Commission shall provide sentencing enhancements
for anyone convicted of any felony offense furthered through
knowingly providing or knowingly causing to be provided
materially false contact information to a domain name
registrar, domain name registry, or other domain name
registration authority in registering, maintaining, or
renewing a domain name used in connection with the violation.
(3) Definition.--For purposes of this subsection, the term
``domain name'' has the meaning given that term in section 45
of the Act entitled ``An Act to provide for the registration
and protection of trademarks used in commerce, to carry out
the provisions of certain international conventions, and for
other purposes'', approved July 5, 1946 (commonly referred to
as the ``Trademark Act of 1946''; 15 U.S.C. 1127).
SEC. 205. CONSTRUCTION.
(a) Free Speech and Press.--Nothing in this title shall
enlarge or diminish any rights of free speech or of the press
for activities related to the registration or use of domain
names.
(b) Discretion of Courts in Determining Relief.--Nothing in
this title shall restrict the discretion of a court in
determining damages or other relief to be assessed against a
person found liable for the infringement of intellectual
property rights.
(c) Discretion of Courts in Determining Terms of
Imprisonment.--Nothing in this title shall be construed to
limit the discretion of a court to determine the appropriate
term of imprisonment for an offense under applicable law.
TITLE III--COURTS
SEC. 301. ADDITIONAL PLACE OF HOLDING COURT IN THE DISTRICT
OF COLORADO.
Section 85 of title 28, United States Code, is amended by
inserting ``Colorado Springs,'' after ``Boulder,''.
SEC. 302. PLACE OF HOLDING COURT IN THE NORTHERN DISTRICT OF
NEW YORK.
Section 112(a) of title 28, United States Code, is amended
by inserting ``Plattsburgh,'' after ``Malone,''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Sensenbrenner) and the gentlewoman from the Virgin
Islands (Mrs. Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Wisconsin (Mr.
Sensenbrenner).
General Leave
Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 3632, the bill
currently under consideration.
[[Page H7266]]
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Wisconsin?
There was no objection.
Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, this legislation addresses a growing problem facing our
Nation's creative community. Efforts to ensure that consumers are able
to know whether they are buying legitimate software, music, movies, or
other forms of intellectual property are being subverted by those who
counterfeit authentication labels and steal legitimate ones. These
counterfeited and illicit labels are then attached to counterfeit
products defrauding consumers into thinking they have purchased a
legitimate copy of the product when they have not.
The committee has been made aware of numerous efforts by organized
groups to counterfeit authentication labels and to traffic in illicit
ones. The activity is highly profitable and less likely to lead to
arrest than for dealing in drugs; and until this legislation is signed
into law, subject to a loophole in the existing law that allows those
who traffic in such labels to face no criminal penalties. The middleman
who traffics in illicit and counterfeit labels can walk away from his
crime with no penalties. The bill would close this loophole and ensure
that everyone who undertakes a scheme to defraud consumers faces
criminal penalties.
Because of the short time remaining in this session, H.R. 3632 also
incorporates the text of three other noncontroversial bills, H.R. 3754,
H.R. 112, and H.R. 4646, in the manager's amendment. H.R. 3754 provides
for additional penalties for those who use false domain name contact
information to commit crimes. As Internet-based crimes continue to
increase in number, updated laws are needed to stop this growth. H.R.
112 and H.R. 4646 provide for a new place of holding Federal district
court in Colorado Springs, Colorado, and Plattsburgh, New York,
respectively.
H.R. 112 is cosponsored by both Republican and Democratic members of
the Colorado delegation. The 10th Circuit Court of Appeals, the
Administrative Office of the U.S. Courts have stated they support
enactment of the bill. H.R. 4646 is similarly supported by the U.S.
Judicial Conference and the U.S. Attorney for the Northern District of
New York.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 3632, as amended, today by the
gentleman from Wisconsin (Mr. Sensenbrenner), chairman of the Committee
on the Judiciary.
As amended, H.R. 3632 is a combination of several bills reported by
the Committee on the Judiciary after full consideration. I believe this
amalgam of bills is largely noncontroversial and thus ask my colleagues
to join me in supporting its passage.
Title I is designed to deter counterfeiting of U.S. copyrighted
works. Such counterfeiting is an enormous and growing problem. It costs
U.S. software companies alone approximately $11 billion a year and, as
a result, costs the U.S. economy thousands of high-tech jobs in the
software industry. The impact on other American copyright holders is
equally devastating.
Recent events have underscored the scope of the counterfeiting
problem as well as the need for title I of this bill. Just last week, a
Los Angeles grand jury indicted 11 individuals for conspiring to
distribute more than $30 million of counterfeit software. The
counterfeiting ring possessed 15,929 genuine stand-alone certificates
of authenticity. Those known as COAs are authentication features, like
holograms, used to distinguish genuine goods.
Because many COAs are difficult to convincingly reproduce,
counterfeiters have become an eager and lucrative market for
misappropriated, genuine COAs. And, in fact, the COAs seized last week
have an estimated retail value of approximately $1.7 million.
While current law prohibits trafficking in counterfeit software and
fake COAs, it provides no sanction against the traffic in genuine COAs.
Thus the counterfeiting ring busted last week will escape liability for
the almost 20,000 genuine COAs they misappropriated.
{time} 1500
Title I remedies this situation. It expands the current prohibitions
on trafficking and labels to include genuine labeling components, such
as certificates of authenticity.
Title II of the bill before us contains the provisions of H.R. 3754,
a largely uncontroversial bill reported out by the Committee on the
Judiciary on a voice vote in June of this year. Title II is designed to
improve the accuracy and completeness of the Whois database by
providing additional civil and criminal remedies for domain name fraud.
The Whois database contains the names, street and e-mail addresses
and other contact information of domain name registrants. While all
domain name registrants are required to submit information for the
Whois database, there are no processes to ensure that this information
is either accurate or complete. Inaccurate Whois data hampers law
enforcement investigations, facilitates consumer fraud, impairs
copyright and trademark protection, imperils computer security, enables
identity theft and weakens privacy protection efforts.
Title II seeks to rectify this growing problem through narrow
amendments to current law. Title II provides a rebuttable presumption
of willfulness with regard to a civil trademark or copyright
infringement, if in connection with the infringement the infringer
registers a domain name with materially false contact information.
Additionally, the bill increases the maximum possible imprisonment for
a Federal felony offense when the offender knowingly provided
materially false domain name contact information in connection with the
offense.
Title III contains the text of H.R. 112 and H.R. 4646, two minor and
entirely non-controversial bills previously reported by the Committee
on the Judiciary. Section 301 adds Colorado Springs as a place of
holding court in the District of Colorado. Section 302 adds Plattsburgh
as a place of holding court in the Northern District of New York. Both
changes were requested by their respective Congressional delegations
and have been supported by the administrative office of the U.S.
courts.
Mr. Speaker, in conclusion, I urge my colleagues to support this
legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I yield such time as he may consume
to the gentleman from Texas (Mr. Smith).
Mr. SMITH of Texas. Mr. Speaker, I thank the gentleman from
Wisconsin, the chairman of the Committee on the Judiciary, for yielding
me time.
Mr. Speaker, product names are a key part of the American economy,
not only to boost sales of a product, but also to assure that consumers
have some assurances about the identity of the manufacturer of the
product they are interested in buying.
Counterfeiting, the effort to deceive consumers into buying lower
quality goods instead of the high quality goods they want, is now a
real problem for high-tech companies.
For many years, software publishers have attempted to thwart
counterfeiting activity by developing physical authentication
components, called COAs, that help consumers and law enforcement
agencies distinguish between genuine software and sophisticated
counterfeits.
Counterfeits are now combining pirated CD-ROMs and packaging with
genuine components obtained through theft or fraud. Multiplied by
millions of transactions, the result to legitimate businesses is lost
jobs, lost profits and lost tax revenue on a scale that compromises the
health of otherwise vibrant industries.
Last week, a Federal indictment charged 11 people with conspiring to
distribute more than $56 million in counterfeit software and products.
However, due to a loophole in existing laws, charges could not be
brought concerning over 20,000 illicit COAs that were seized.
Until H.R. 3632 is enacted, Federal law does not prohibit trafficking
in genuine physical authentication components. Prosecutors find it
impossible to take any legal action in such situations. As a result,
this activity has become a highly profitable and largely risk-free
elicit business.
[[Page H7267]]
The legislation will close this loophole and empower Federal
authorities to prosecute counterfeiting activity on a greater scale
with better results. Americans will be better protected from those who
attempt to deceive them into spending their money on counterfeit
products.
The text of H.R. 3754, the Fraudulent Online Identity Sanctions Act,
has also been included in the underlying legislation. The Fraudulent
Online Identity Sanctions Act assures those that use false identities
in conjunction with a domain name face additional penalties for other
crimes they commit.
To ensure that online anonymity is protected, the mere act of using
an alias online is not penalized. A savings clause assures that first
amendment rights are not impacted by the legislation. This legislation,
though, will ensure that those who deceive others as they commit crimes
online are, in fact, subject to additional criminal penalties for such
deceit.
Two Federal Court bills also have been added to the underlying
legislation, H.R. 112 and H.R. 4646. These bills create new places of
holding U.S. Federal District Court in Colorado Springs, Colorado, and
in Plattsburgh, New York. Americans seeking their constitutional right
to be heard in Federal Court will find it easier to do so once this
legislation is enacted.
H.R. 112 is cosponsored by both Republican and Democratic members of
the Colorado delegation.
Mr. Speaker, I urge my colleagues to support this legislation.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of the bill
before the House, H.R. 3632, the Anti-Counterfeiting Amendments of
2003. Fortunately, the Subcommittee on Courts, the Internet and
Intellectual Property successfully marked this bill up and reported it
out favorably on March 31, 2004, as its provisions will address some
serious concerns.
The trafficking of security components, for example Certificates of
Authenticity (COAs) is a problem that the current law does not
adequately address. Logistically, since the security components are
useless without the actual product, such action serves no legitimate
business purpose. Furthermore, criminal prosecutors have a hard time
attaching crimes to the counterfeit sales made by these traffickers.
Nevertheless, the COA is like currency because it gives the real
value to the product to which it is attached. The prohibitions found in
this legislation will discourage piracy.
To address this problem, H.R. 3632 would amend Section 2318 of Title
18 to prohibit trafficking of these products. With this narrowly-
tailored amendment to Section 2318, federal law enforcement and
copyright owners will have the tools needed to prevent trafficking in
genuine physical security components.
The Anticounterfeiting Amendments will help combat the growing threat
of international counterfeiting crimes by ensuring that U.S. laws
address all aspects of counterfeiting activities.
In Texas, a crime ring was implicated that was believed to have
imported over 100 million counterfeit cigarettes, mislabeling shipping
documents by indicating that they were importing toys or plastic parts.
Passage of this important bill with the amendments that will be
offered to improve its scope will, in the long run, improve the quality
of our intellectual property and technological developments. Moreover,
with adequate legal checks put in place to reduce trafficking of
security products will foster a more competitive environment. For the
above reasons, Mr. Speaker, I support this legislation.
Mrs. CHRISTENSEN. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
Mr. SENSENBRENNER. Mr. Speaker, I have no further speakers, and I
yield back the balance of my time.
The SPEAKER pro tempore (Mr. Boozman). The question is on the motion
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the
House suspend the rules and pass the bill, H.R. 3632, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________