I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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•HR 5249 IH 

1 SECTION 1. CERTIFICATION REQUIREMENT RELATING TO 

2 TRAFFICKING IN GOODS OR SERVICES THAT 

3 CONTAIN COUNTERFEIT MARKS. 

4 (a) AMENDMENTS.—Chapter 1 of part III of the For5 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is 

6 amended— 

7 (1) by redesignating the second section 620G 

8 (as added by section 149 of Public Law 104–164 

9 (110 Stat. 1436)) as section 620J; and 

10 (2) by adding at the end the following new sec11 tion: 

12 ‘‘SEC. 620K. CERTIFICATION REQUIREMENT RELATING TO 

13 TRAFFICKING IN GOODS OR SERVICES THAT 

14 CONTAIN COUNTERFEIT MARKS. 

15 ‘‘(a) BILATERAL ASSISTANCE.—Assistance to a non16 governmental organization may be provided under this Act 

17 or any other Act for a fiscal year only if the nongovern18 mental organization and each subrecipient of the assist19 ance first submits to the Government of the United States 

20 a certification described in subsection (c). 

21 ‘‘(b) MULTILATERAL ASSISTANCE.—Voluntary and 

22 assessed contributions to an international organization 

23 may be provided under this Act or any other Act for a 

24 fiscal year only if the international organization and each 

25 subrecipient first submits to the Government of the United 

26 States a certification described in subsection (c). 


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•HR 5249 IH 

1 ‘‘(c) CERTIFICATION.—A certification described in 

2 this subsection is a certification that the assistance de3 scribed in subsection (a) or voluntary or assessed contribu4 tions described in subsection (b), as the case may be— 

5 ‘‘(1) will not be used to intentionally traffic in 

6 goods or services that contain counterfeit marks; 

7 and 

8 ‘‘(2) will not be used to provide goods or serv9 ices that are unauthorized by the owner or holder of 

10 the intellectual property rights (including trade11 marks, copyrights, and trade secrets) in such goods 

12 or services. 

13 ‘‘(d) SUSPENSION AND TERMINATION OF ASSIST14 ANCE.—The President shall suspend or terminate— 

15 ‘‘(1) assistance described in subsection (a) with 

16 respect to a nongovernmental organization or sub17 recipient, or 

18 ‘‘(2) voluntary or assessed contributions de19 scribed in subsection (b) with respect to an inter20 national organization or subrecipient, 

21 in whole or in part if the President determines that any 

22 activity has occurred in violation of a certification made 

23 under subsection (c) with respect to which the assistance 

24 or voluntary or assessed contributions, as the case may 

25 be, relates. 


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•HR 5249 IH 

1 ‘‘(e) DEFINITION.—In this section, the terms ‘coun2 terfeit mark’ and ‘traffic’ have the meanings given those 

3 terms in section 2320 of title 18, United States Code.’’. 

4 (b) EFFECTIVE DATE.—The certification require5 ments under section 620K of the Foreign Assistance Act 

6 of 1961 (as added by subsection (a) of this section) apply 

7 with respect to the provision of assistance to nongovern8 mental organizations and voluntary and assessed contribu9 tions to international organizations for fiscal year 2007 

10 and subsequent fiscal years. 

Æ 


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