Stop Assistance to Counterfeiters Act - Amends the Foreign Assistance Act of 1961 to require U.S. foreign assistance recipients to certify that such assistance will not be used to intentionally traffic in goods or services that contain counterfeit marks or for other purposes that promote the improper use of intellectual property.
Exempts from such requirement direct assistance to a foreign government (or its entity) or to an international organization that is an association of representatives of national governments, including the United Nations.
Directs the President to suspend or terminate assistance to a recipient who is in violation of this Act. Authorizes a national security waiver.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3800 Introduced in Senate (IS)]
109th CONGRESS
2d Session
S. 3800
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 or for other purposes that promote the improper use
of intellectual property, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 3, 2006
Mr. Hagel introduced the following bill; which was read twice and
referred to the Committee on Foreign 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 or for other purposes that promote the improper use
of intellectual property, 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. SHORT TITLE.
This Act may be cited as the ``Stop Assistance to Counterfeiters
Act''.
SEC. 2. 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) Requirement for Certification.--
``(1) In general.--Subject to paragraph (2), assistance may
not be provided to a person seeking United States assistance
for a fiscal year until such person submits to the President a
certification described in subsection (c) for that fiscal year.
``(2) Exception for foreign governments.--The certification
requirement set out in paragraph (1) shall not be applied to
assistance provided under this Act or any other Act directly to
the government of a foreign country or an entity of such
government or to an international organization that is an
association of representatives of national governments,
including the United Nations.
``(b) Definitions.--In this section:
``(1) Counterfeit mark.--The term `counterfeit mark' has
the meaning given that term in section 2320 of title 18, United
States Code.
``(2) Person seeking united states assistance.--The term
`person seeking United States assistance' means a person,
including an international or domestic organization that is not
an association of national governments, that--
``(A) is seeking assistance under this Act or any
other Act directly from the United States; or
``(B) subsequently receives such assistance
pursuant to a contract, grant, cooperative agreement,
or other agreement.
``(3) Traffic.--The term `traffic' has the meaning given
that term in section 2320 of title 18, United States Code.
``(c) Certification.--
``(1) In general.--A certification described in this
subsection is a certification made by a person seeking United
States assistance that--
``(A) such assistance will not be used to
intentionally traffic in goods or services that contain
counterfeit marks;
``(B) such assistance will not be used by any
person that has had an administrative or judicial
determination issued against the person for
infringement, counterfeiting, or piracy of intellectual
property in the United States or a foreign country;
``(C) any material or product, including a material
or product in electronic form, that was developed, in
whole or in part, using such assistance will not be
imported into the United States--
``(i) in violation of section 2320 of title
18, United States Code; or
``(ii) in violation of section 526(a) of
the Tariff Act of 1930 (19 U.S.C. 1526(a)); and
``(D) if such assistance will be used for a
contract, grant, cooperative agreement, or other
agreement that includes use of any intellectual
property, provides evidence of the right to use the
intellectual property, including a written license
agreement for the use, the date of the first commercial
use of the intellectual property, and any registration
for the use with an appropriate government.
``(2) Requirements for submission of certification.--A
certification described in paragraph (1) shall be submitted to
the President by a person seeking United States assistance
prior to the provision of any assistance under this Act or any
other Act and at the beginning of each subsequent fiscal year
for which such person will receive the assistance.
``(d) Suspension and Termination of Assistance.--The President
shall suspend or terminate the provision of assistance under this Act
or any other Act, in whole or in part, to a person seeking United
States assistance if the President determines that such person has used
the assistance to carry out an activity in violation of a certification
made under subsection (c).
``(e) National Security Waiver.--The President may waive a
provision of this section if the President--
``(1) determines that such a waiver is necessary to the
national security interests of the United States; and
``(2) promptly submits to Congress a notification of the
waiver and of the reasons for the waiver.''.
(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 by
the President for a fiscal year after fiscal year 2006.
<all>
Introduced in Senate
Read twice and referred to the Committee on Foreign Relations.
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