[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2737-S2738]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 639. Mr. MENENDEZ (for himself, Mr. Tillis, Ms. Cortez Masto, Mr. 
Young, Mr. Braun, and Mr. Marshall) submitted an amendment intended to 
be proposed by him to the bill S. 2226, to authorize appropriations for 
fiscal year 2024 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. MODIFICATION OF PROHIBITION.

       Section 211 of the Department of Commerce and Related 
     Agencies Appropriations Act, 1999 (as contained in section 
     101(b) of division A of Public Law 105-277; 112 Stat. 2681-
     88) is amended--
       (1) in subsection (a)(2)--
       (A) by inserting ``or entity of the executive branch'' 
     after ``U.S. court'';
       (B) by striking ``by a designated national''; and
       (C) by inserting before the period at the end the 
     following: ``that was used in connection with a business or 
     assets that were confiscated unless the original owner of the 
     mark, trade name, or commercial name, or the bona fide 
     successor-in-interest has expressly consented'';
       (2) in subsection (b)--
       (A) by inserting ``or entity of the executive branch'' 
     after ``U.S. court''; and
       (B) by striking ``by a designated national or its 
     successor-in-interest'';
       (3) by redesignating subsection (d) as subsection (e);
       (4) by inserting after subsection (c) the following:
       ``(d) Subsections (a)(2) and (b) of this section shall 
     apply only if the person or entity asserting the rights knew 
     or had reason to know at the time when the person or entity 
     acquired the rights asserted that the mark, trade name, or 
     commercial name was the

[[Page S2738]]

     same as or substantially similar to a mark, trade name, or 
     commercial name that was used in connection with a business 
     or assets that were confiscated.''; and
       (5) in subsection (e), as so redesignated, by striking ``In 
     this section:'' and all that follows through ``(2) The term'' 
     and inserting the following: ``In this section, the term''.
                                 ______