[Congressional Record Volume 167, Number 88 (Thursday, May 20, 2021)]
[Senate]
[Pages S3244-S3245]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1787. Mr. DAINES (for himself and Ms. Cortez Masto) submitted an 
amendment intended to be proposed to amendment SA 1502 proposed by Mr. 
Schumer to the bill S. 1260, to establish a new Directorate for 
Technology and Innovation in the National Science Foundation, to 
establish a regional technology hub program, to require a strategy and 
report on economic security, science, research, innovation,

[[Page S3245]]

manufacturing, and job creation, to establish a critical supply chain 
resiliency program, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title III of division F, add the following:

     SEC. 6302. ENFORCEMENT OF INTELLECTUAL PROPERTY PROVISIONS OF 
                   ECONOMIC AND TRADE AGREEMENT BETWEEN THE 
                   GOVERNMENT OF THE UNITED STATES OF AMERICA AND 
                   THE GOVERNMENT OF CHINA.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the Agreement includes significant mandates for the 
     People's Republic of China related to its domestic 
     intellectual property regime, including with respect to 
     copyrights, trademarks, trade secrets, and patents;
       (2) the changes included in the Agreement, if implemented 
     effectively, should improve the domestic intellectual 
     property framework of the People's Republic of China, which 
     has historically proven to harm the innovation and creative 
     communities in the United States;
       (3) despite commitments made by the Government of the 
     People's Republic of China under the Agreement, ongoing 
     market access barriers, uneven enforcement, measures 
     requiring forced technology transfer, and serious 
     deficiencies in the rule of law continue to make the business 
     environment in the People's Republic of China highly 
     challenging for rights holders in the United States;
       (4) as reflected in the 2021 report by the United States 
     Trade Representative required under section 182(h) of the 
     Trade Act of 1974 (19 U.S.C. 2242(h)) (commonly referred to 
     as the ``Special 301 Report''), the People's Republic of 
     China has consistently been listed in that annual report 
     since 1989 as a trading partner of the United States that 
     ``fails to provide adequate and effective IP protection and 
     enforcement for U.S. inventors, creators, brands, 
     manufacturers, and service providers, which, in turn, harm 
     American workers''; and
       (5) Congress encourages the United States Trade 
     Representative, the Attorney General, the Secretary of State, 
     the Secretary of Homeland Security, the Secretary of 
     Commerce, and the Director of the United States Patent and 
     Trademark Office--
       (A) to use all available tools to ensure that the People's 
     Republic of China fully implements its commitments under the 
     Agreement; and
       (B) to actively consider additional means to require the 
     People's Republic of China to address unfair market access 
     barriers, forced technology transfer requirements, and 
     broader intellectual property theft concerns, including 
     through future trade agreements and working with partners in 
     multilateral organizations, such as the Group of 7 (G7), the 
     Group of 20 (G20), and the World Trade Organization.
       (b) Enforcement of Agreement.--The President, acting 
     through the United States Trade Representative, shall 
     coordinate with the heads of such Federal agencies as the 
     President considers appropriate to enforce the actions 
     related to intellectual property laid out in the Agreement 
     including--
       (1) the civil, administrative, and criminal procedures and 
     deterrent-level civil and criminal penalties provided in the 
     Agreement; and
       (2) by using the full enforcement authority of the 
     President, including any enforcement authority in connection 
     with the identification and reporting process under section 
     182 of the Trade Act of 1974 (19 U.S.C. 2242).
       (c) Report on Status of Implementation of Certain 
     Obligations.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     United States Trade Representative shall submit to the 
     appropriate committees of Congress a report on the status of 
     the implementation by the People's Republic of China of its 
     obligations under Chapter 1 of the Agreement.
       (2) Information in report.--Each report required by 
     paragraph (1) shall contain information sufficient to enable 
     the appropriate committees of Congress to assess the extent 
     of the compliance by the People's Republic of China with the 
     Agreement, including appropriate quantitative metrics.
       (d) Definitions.--In this section:
       (1) Agreement.--The term ``Agreement'' means the Economic 
     and Trade Agreement Between the Government of the United 
     States of America and the Government of China, dated January 
     15, 2020.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means the Committee on 
     Finance of the Senate and the Committee on Ways and Means of 
     the House of Representatives.
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