[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2566 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2566
To reauthorize certain provisions of the Prioritizing Resources and
Organization for Intellectual Property Act of 2008, to create a new
grant program to fund legal aid programs to assist small businesses to
protect intellectual property, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Ms. Baldwin (for herself and Mr. Cornyn) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To reauthorize certain provisions of the Prioritizing Resources and
Organization for Intellectual Property Act of 2008, to create a new
grant program to fund legal aid programs to assist small businesses to
protect 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 ``American IP Defense and Enforcement
Advancement Act'' or the ``American IDEA Act''.
SEC. 2. AMENDMENTS.
The Prioritizing Resources and Organization for Intellectual
Property Act of 2008 (Public Law 110-403; 122 Stat. 4265) is amended--
(1) in section 3 (15 U.S.C. 8101)--
(A) in the section heading, by striking
``definition'' and inserting ``definitions'';
(B) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively, and
adjusting the margins accordingly;
(C) by moving the undesignated matter following
subparagraph (C) (as so redesignated) 2 ems to the
right;
(D) in the undesignated matter following
subparagraph (C) (as so redesignated), by striking
``paragraph (1), (2), or (3)'' and inserting
``subparagraph (A), (B), or (C)'';
(E) by striking ``In this Act, the term `United
States person' means--'' and inserting the following:
``In this Act:
``(1) Priority watch list country.--The term `priority
watch list country' means a country on the priority watch list
(as defined in section 182(g)(3) of the Trade Act of 1974 (19
U.S.C. 2242(g)(3)) (commonly known as the `Special 301 Priority
Watch List').
``(2) United states person.--The term `United States
person' means--''; and
(F) by adding at the end the following:
``(3) Watch list country.--The term `watch list country'--
``(A) means a country identified by the United
States Trade Representative pursuant to section 182(a)
of the Trade Act of 1974 (19 U.S.C. 2242(a)); and
``(B) includes a priority watch list country.'';
(2) in section 303(a) (15 U.S.C. 8113(a))--
(A) by redesignating paragraph (6) as paragraph
(7); and
(B) by inserting after paragraph (5) the following:
``(6) Preventing unlawful taking or use of intellectual
property from corporations and universities located in the
United States, particularly by entities or individuals located
in a priority watch list country.'';
(3) in section 304(b) (15 U.S.C. 8114(b)), by adding at the
end the following:
``(12) Strategies to prevent unlawful taking or use of
intellectual property by entities or individuals located in
priority watch list countries.'';
(4) in section 401(b) (34 U.S.C. 30103(b))--
(A) in the matter preceding paragraph (1), by
striking ```IP-TIC grants''' and inserting
```Intellectual Property Enforcement Program grants' or
`IPEP grants''';
(B) in paragraph (1)--
(i) in the heading, by striking ``IP-TIC''
and inserting ``Intellectual property
enforcement program'';
(ii) in the matter preceding subparagraph
(A), by striking ``IP-TIC'' and inserting
``IPEP''; and
(iii) by adding at the end the following:
``(G) Facilitate coordination between State and
local law enforcement officers and prosecutors and
Federal law enforcement agencies in the enforcement of
Federal criminal intellectual property laws.'';
(C) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``IP-TIC'' and inserting
``IPEP''; and
(ii) in subparagraph (C), by striking ``(42
U.S.C. 3750 et seq.)'' and inserting ``(34
U.S.C. 10151 et seq.)'';
(D) by striking paragraph (3) and inserting the
following:
``(3) Matching funds.--
``(A) In general.--The Federal share of an IPEP
grant may not exceed--
``(i) except as provided in clause (ii), 50
percent of the costs of the program or proposal
funded by the IPEP grant; or
``(ii) 60 percent of the costs of the
program or proposal funded by the IPEP grant in
the case of a program or proposal that includes
a focus on investigating and prosecuting
intellectual property violations that involve--
``(I) individuals or entities
located in a watch list country;
``(II) individuals or entities
operating under the direction or
influence of individuals or entities
located in a watch list country; or
``(III) the import of products or
components from a watch list country.
``(B) Other violations.--The recipient of an IPEP
grant with a Federal share described in subparagraph
(A)(ii) may use the grant to investigate or prosecute
an intellectual property violation that involves
individuals, entities, products, or components not
described in subclause (I), (II), or (III) (as
applicable) of that subparagraph if the recipient
discovered the intellectual property violation during
the course of investigating or prosecuting an
intellectual property violation that involves an
individual, entity, product, or component described in
one of those subclauses.''; and
(E) in paragraph (4)(A), by inserting ``and 2024
through 2029'' after ``2009 through 2013''; and
(5) in section 402(a)(4)(A) (34 U.S.C. 30104(a)(4)(A)), by
inserting ``, including crimes perpetrated by entities located
in priority watch list countries'' after ``intellectual
property crimes''.
SEC. 3. GAO STUDY ON PROTECTION OF INTELLECTUAL PROPERTY OF
MANUFACTURERS FROM PRIORITY WATCH LIST COUNTRIES.
(a) Study.--The Comptroller General of the United States shall
study how the Federal Government could better protect the intellectual
property of manufacturers from priority watch list countries, as
defined in section 3 of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (15 U.S.C. 8101) (as amended by
section 2).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report on the results of the study required under subsection (a).
SEC. 4. GAO STUDY ON DIPLOMATIC OPPORTUNITIES FOR INTELLECTUAL PROPERTY
ENFORCEMENT AND CAPACITY BUILDING FOR WATCH LIST
COUNTRIES.
(a) Study.--The Comptroller General of the United States shall
study whether the Federal Government could use diplomatic and trade
channels to--
(1) improve the capacity of a watch list country, as
defined in section 3 of the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (15 U.S.C.
8101) (as amended by section 2), to adequately and effectively
protect the intellectual property rights of individuals,
universities, and entities located in a watch list country or
in the United States; and
(2) recover from a priority watch list country, as defined
in section 3 of the Prioritizing Resources and Organization for
Intellectual Property Act of 2008 (15 U.S.C. 8101) (as amended
by section 2), any unrecouped financial losses suffered by
individuals, universities, and entities located primarily in
the United States resulting from the unlawful use of
intellectual property by a priority watch list country or an
individual or entity operating under the direction or influence
of the priority watch list country, if the losses were suffered
due to a denial of adequate and effective protection of
intellectual property rights by the priority watch list
country.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report on the results of the study required under subsection (a).
SEC. 5. INTELLECTUAL PROPERTY PROTECTION LEGAL AID.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means--
(A) a law school that is accredited by the American
Bar Association;
(B) the bar association of a State;
(C) a legal services organization; or
(D) a nonprofit organization or State agency, in
partnership with an entity described in subparagraph
(A), (B), or (C).
(2) Low-revenue small business.--The term ``low-revenue
small business'' means a small business with an estimated
annual revenue of not more than $150,000.
(3) Small business.--The term ``small business'' means a
small business concern, as that term is defined in section 3 of
the Small Business Act (15 U.S.C. 632).
(4) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, and any territory
or possession of the United States.
(b) Grant Program.--From amounts made available to carry out this
section, the Attorney General shall make grants to eligible entities to
fund--
(1) legal aid programs to provide no-cost or low-cost legal
advice and services to low-revenue small businesses relating to
the protection and enforcement of intellectual property rights;
and
(2) the development and delivery of training programs and
materials for small businesses relating to the protection and
enforcement of intellectual property rights.
(c) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section.
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