[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3464 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3464

To amend the Trade Act of 1974 to improve the international protection 
    and enforcement of intellectual property rights, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2008

 Mr. Baucus (for himself and Mr. Hatch) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Trade Act of 1974 to improve the international protection 
    and enforcement of intellectual property rights, 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 ``International Intellectual Property 
Protection and Enforcement Act of 2008''.

SEC. 2. SPECIAL RULES FOR COUNTRIES ON THE PRIORITY WATCH LIST OF THE 
              UNITED STATES TRADE REPRESENTATIVE.

    (a) In General.--Section 182 of the Trade Act of 1974 (19 U.S.C. 
2242) is amended by striking subsection (g) and inserting the 
following:
    ``(g) Special Rules for Foreign Countries on the Priority Watch 
List.--
            ``(1) Action plans.--
                    ``(A) In general.--Not later than 90 days after the 
                date on which the Trade Representative submits the 
                National Trade Estimate under section 181(b), the Trade 
                Representative shall, in consultation with the officers 
                described in subsection (b)(2)(A), develop an action 
                plan described in subparagraph (C) with respect to each 
                foreign country described in subparagraph (B).
                    ``(B) Foreign country described.--The Trade 
                Representative shall develop an action plan pursuant to 
                subparagraph (A) with respect to each foreign country 
                that--
                            ``(i) the Trade Representative has 
                        identified for placement on the priority watch 
                        list; and
                            ``(ii) has remained on such list for at 
                        least 1 year.
                    ``(C) Action plan described.--An action plan 
                developed pursuant to subparagraph (A) shall contain 
                the benchmarks described in subparagraph (D) and be 
                designed to assist the foreign country to--
                            ``(i) achieve--
                                    ``(I) adequate and effective 
                                protection of intellectual property 
                                rights; and
                                    ``(II) fair and equitable market 
                                access for United States persons that 
                                rely upon intellectual property 
                                protection; or
                            ``(ii) make significant progress toward 
                        achieving the goals described in clause (i).
                    ``(D) Benchmarks described.--The benchmarks 
                contained in an action plan developed pursuant to 
                subparagraph (A) are such legislative, institutional, 
                enforcement, or other actions as the Trade 
                Representative determines to be necessary for the 
                foreign country to achieve the goals described in 
                clause (i) or (ii) of subparagraph (C).
            ``(2) Failure to meet action plan benchmarks.--
                    ``(A) In general.--If, 1 year after the date on 
                which an action plan is developed under paragraph 
                (1)(A), the President, in consultation with the Trade 
                Representative, determines that the foreign country to 
                which the action plan applies has not substantially 
                complied with the benchmarks described in paragraph 
                (1)(D), the President may take one or more of the 
                actions described in subparagraph (B) with respect to 
                the foreign country.
                    ``(B) Presidential action described.--The President 
                may take the following actions pursuant to subparagraph 
                (A):
                            ``(i) Government procurement.--Suspend, 
                        restrict, or prohibit new or renewed 
                        procurement by the Federal Government of goods 
                        or services from the foreign country, unless--
                                    ``(I) the foreign country is a 
                                party to the Agreement on Government 
                                Procurement referred to in section 
                                101(d)(17) of the Uruguay Round 
                                Agreements Act (19 U.S.C. 3511(d)(17)) 
                                or any other international agreement 
                                relating to government procurement to 
                                which the United States is also a 
                                party; and
                                    ``(II) such suspension, 
                                restriction, or prohibition would 
                                violate any such agreement.
                            ``(ii) Overseas private investment 
                        corporation financing.--Suspend, restrict, or 
                        prohibit the approval of new financing 
                        (including loans, guarantees, other credits, 
                        insurance, and reinsurance) by the Overseas 
                        Private Investment Corporation with respect to 
                        a project located in the foreign country or in 
                        which an entity of the foreign country 
                        participates.
                            ``(iii) Export-import bank financing.--
                        Suspend, restrict, or prohibit the approval of 
                        new financing (including loans, guarantees, 
                        other credits, insurance, and reinsurance) by 
                        the Export-Import Bank of the United States in 
                        connection with the export of any good or 
                        service to the foreign country or an entity of 
                        the foreign country.
                            ``(iv) Multilateral development bank 
                        financing.--Instruct the United States 
                        Executive Director of each multilateral 
                        development bank (as defined in section 1307 of 
                        the International Financial Institutions Act 
                        (22 U.S.C. 262m-7)) to oppose the approval of 
                        any new financing (including loans, guarantees, 
                        other credits, insurance, and reinsurance) by 
                        the multilateral development bank to the 
                        government of the foreign country or with 
                        respect to a project located in the foreign 
                        country or in which an entity of the foreign 
                        country participates.
                            ``(v) Trade and development agency.--
                        Suspend, restrict, or prohibit the provision of 
                        assistance by the United States Trade and 
                        Development Agency in connection with a project 
                        located in the foreign country or in which an 
                        entity of the foreign country participates.
                            ``(vi) Preferential trade programs.--
                        Suspend, limit, or withdraw any preferential 
                        treatment for which the foreign country 
                        qualifies under the Generalized System of 
                        Preferences under title V of the Trade Act of 
                        1974 (19 U.S.C. 2461 et seq.), the Caribbean 
                        Basin Economic Recovery Act (19 U.S.C. 2701 et 
                        seq.), the Andean Trade Preference Act (19 
                        U.S.C. 3201 et seq.), or the African Growth and 
                        Opportunity Act (19 U.S.C. 3701 et seq.).
                    ``(C) Restoration of benefits.--The President shall 
                revoke any actions taken with respect to a foreign 
                country under subparagraph (B) on the date on which the 
                President, in consultation with the Trade 
                Representative, determines and certifies to Congress 
                that the foreign country has substantially complied 
                with the benchmarks described in paragraph (1)(D).
            ``(3) Priority watch list defined.--For purposes of this 
        subsection, the term `priority watch list' means the priority 
        watch list established by the Trade Representative.
    ``(h) Annual Report.--Not later than 30 days after the date on 
which the Trade Representative submits the National Trade Estimate 
under section 181(b), the Trade Representative shall transmit to the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate a report on actions taken under this 
section during the 12 months preceding such report, and the reasons for 
such actions, including--
            ``(1) any foreign countries identified under subsection 
        (a);
            ``(2) a description of progress made in achieving improved 
        intellectual property protection and market access for persons 
        relying on intellectual property rights; and
            ``(3) a description of the action plans developed under 
        subsection (g) and any actions taken by foreign countries under 
        such plans.''.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Office of the United States Trade Representative such sums 
        as may be necessary to provide assistance to any developing 
        country to which an action plan applies under section 182(g) of 
        the Trade Act of 1974, as amended by subsection (a), to 
        facilitate the efforts of the developing country to comply with 
        the benchmarks contained in the action plan. Such assistance 
        may include capacity building, activities designed to increase 
        awareness of intellectual property rights, and training for 
        officials responsible for enforcing intellectual property 
        rights in the developing country.
            (2) Developing country defined.--For purposes of this 
        subsection, the term ``developing country'' means a country 
        classified by the World Bank as having a low-income or lower-
        middle-income economy.
    (c) Savings.--Nothing in this section shall be construed as 
limiting the authority of the President or the United States Trade 
Representative to develop action plans other than action plans 
described in section 182(g) of the Trade Act of 1974, as amended by 
subsection (a), or to take any action otherwise authorized by law in 
response to the failure of a foreign country to provide adequate and 
effective protection and enforcement of intellectual property rights.

SEC. 3. ADDITIONAL PERSONNEL IN COUNTRIES WITH COMMERCIALLY SIGNIFICANT 
              RELATIONSHIPS WITH THE UNITED STATES.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the President shall ensure that an intellectual 
property attache with the title of Minister-Counselor is placed in the 
United States embassy of each foreign country with which the President 
determines the United States has a commercially significant 
relationship.
    (b) Functions of Attaches.--An intellectual property attache placed 
in a United States embassy in a foreign country under subsection (a) 
shall--
            (1) serve as a liaison between the United States and the 
        foreign country on matters relating to the protection and 
        enforcement of intellectual property rights; and
            (2) gather and provide any information requested by the 
        United States Trade Representative for purposes of developing 
        or determining compliance with an action plan described in 
        section 182(g) of the Trade Act of 1974, as amended by section 
        2(a).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
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