[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5351 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5351

To establish the Office of Intellectual Property and Competition Policy 
                      in the Department of State.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2004

  Ms. Watson introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
To establish the Office of Intellectual Property and Competition Policy 
                      in the Department of State.

    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 ``Office of Intellectual Property and 
Competition Policy Act of 2004''.

SEC. 2. ESTABLISHMENT OF OFFICE OF INTELLECTUAL PROPERTY AND 
              COMPETITION POLICY IN THE DEPARTMENT OF STATE.

    (a) Establishment.--The State Department Basic Authorities Act of 
1956 is amended by inserting after section 58 (22 U.S.C. 2730) the 
following new section:

``SEC. 59. OFFICE OF INTELLECTUAL PROPERTY AND COMPETITION POLICY.

    ``(a) Establishment.--
            ``(1) In general.--There is hereby established in the 
        Department of State an Office of Intellectual Property and 
        Competition Policy (in this section referred to as the 
        `Office').
            ``(2) Transfer.--Not later than 180 days after the date of 
        the enactment of the Office of Intellectual Property and 
        Competition Policy Act of 2004, the Secretary of State shall 
        transfer to the Office all functions (including the personnel, 
        assets, and obligations held by or available in connection with 
        such functions) of the Intellectual Property and Competition 
        Policy (IPC) Division of the Bureau of Economic and Business 
        Affairs of the Department of State.
    ``(b) Duties.--The Office shall have primary responsibility within 
the Department of State--
            ``(1) to develop and implement policies to promote 
        effective intellectual property rights protection worldwide in 
        close cooperation with other United States Government agencies, 
        including the Department of Commerce, the United States Patent 
        and Trademark Office, the Register of Copyrights, and the 
        Office of the United States Trade Representative, and with 
        United States embassies and missions in foreign countries; and
            ``(2) to provide technical assistance to foreign countries 
        to implement the policies referred to in paragraph (1).
    ``(c) Head of Office.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Office shall be headed by a Deputy Assistant Secretary of State 
        for Intellectual Property and Competition Policy, to be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
            ``(2) Continued service of head of division.--The 
        individual serving in the position of head of the Intellectual 
        Property and Competition Policy Division on the day before the 
        date of the enactment of the Office of Intellectual Property 
        and Competition Policy Act of 2004 may serve as the Deputy 
        Assistant Secretary at the pleasure of the President after the 
        date of the enactment of such Act.
    ``(d) Additional Staff.--The Deputy Assistant Secretary may appoint 
and fix the pay of additional personnel as the Deputy Assistant 
Secretary considers appropriate, including personnel to carry out 
matters relating to technical assistance provided to foreign countries 
pursuant to subsection (b)(2).''.
    (b) Rate of Pay of Deputy Assistant Secretary of State for 
Intellectual Property and Competition Policy.--Section 5315 of title 5, 
United States Code, is amended by adding at the end the following:
            ``Deputy Assistant Secretary of State for Intellectual 
        Property and Competition Policy.''.
                                 <all>