I 
108TH CONGRESS 
2D SESSION 
H. R. 5117 
To establish in the Office of the United States Trade Representative an 
Assistant United States Trade Representative for Intellectual Property Rights. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 21, 2004 
Mr. SCHIFF (for himself, Mr. GOODLATTE, Mr. BECERRA, and Mr. FOLEY) 
introduced the following bill; which was referred to the Committee on 
Ways and Means 
A BILL 
To establish in the Office of the United States Trade Rep-
resentative an Assistant United States Trade Represent-
ative for Intellectual Property Rights. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fortifying America’s 
Intellectual Property Rights (FAIR) Act’’. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) International markets are vital to intellec-
tual property industries in the United States, pro-
viding a strong export base that sustains jobs in the 
United States. This sector of the United States 
economy is threatened due to widespread patent and 
trademark infringement and the unauthorized repro-
duction, distribution, and sale of copyrighted works 
created in the United States. 
(2) The United States is the world’s largest cre-
ator, producer, and exporter of copyrighted mate-
rials, accounting for more than 5 percent of the 
Gross Domestic Product (GDP) of the United States 
and adding billions of dollars to the United States 
economy annually. 
(3) International markets are vital to creative 
industries in the United States, providing a strong 
export base that sustains jobs in the United States. 
This sector of the United States economy is threat-
ened due to widespread piracy—the unauthorized re-
production, distribution, and sale of works created in 
the United States. 
(4) Global piracy affecting the motion picture 
industry 
is 
estimated 
as 
amounting 
to 
$3,500,000,000 
annually, 
not 
including 
illegal 
downloading. Globally, 2 in 5 music recordings are 
pirated copies, with annual world-wide sales of pirat-
ed music estimated at from $4,000,000,000 to
$5,000,000,000. The software industry estimates 
losses of more than $13,000,000,000 in 2002 due to 
worldwide piracy. 
(5) The United States Trade Representative 
(USTR) has been charged with identifying countries 
that deny adequate and effective protection of intel-
lectual property rights. The effective use of trade 
tools by the USTR, including the negotiation of bi-
lateral free trade agreements, serves an essential 
role in protecting abroad the intellectual property 
rights of United States persons. 
(6) The Office of the USTR has more than 20 
offices dedicated to specific areas of expertise, but 
does not include an office solely dedicated to the 
protection abroad of the intellectual property rights 
of United States persons. Currently, the Office of 
the Assistant United States Trade Representative 
for Services, Investment and Intellectual Property 
has a substantially large workload, given that serv-
ices and investment account for more than 50 per-
cent of the United States economy. 
(7) The USTR’s ability to meet its mandate to 
protect abroad the intellectual property rights of 
United States persons should be enhanced by estab-
lishing a separate office dedicated exclusively to in-
tellectual property matters, headed by an Assistant 
United States Trade Representative for Intellectual 
Property Rights. The resources dedicated to secur-
ing high standards of protection in trade agreements 
and enforcing those provisions vigorously should 
likewise be enhanced. 
SEC. 3. ASSISTANT U.S. TRADE REPRESENTATIVE FOR IN-
TELLECTUAL PROPERTY RIGHTS. 
Section 141(c) of the Trade Act of 1974 (19 U.S.C. 
2171(c)) is amended by adding at the end the following: 
‘‘(6)(A) There shall be in the Office the position of 
Assistant United States Trade Representative for Intellec-
tual Property Rights. The Assistant United States Trade 
Representative for Intellectual Property Rights shall be 
appointed by the United States Trade Representative. 
‘‘(B) The Assistant United States Trade Representa-
tive for Intellectual Property Rights shall have primary 
responsibility for— 
‘‘(i) intellectual property matters relating to bi-
lateral and multilateral trade agreements, includ-
ing— 
‘‘(I) enforcement of, and any modifications 
to, the Agreement on Trade-Related Aspects of 
Intellectual Property Rights referred to in sec-
Commerce for Intellectual Property and Director of the 
United States Patent and Trademark Office and the Reg-
ister of Copyrights, on trade-related intellectual property 
matters and serve as the primary contact in the executive 
branch for all matters described in subparagraph (B). 
‘‘(E) The Assistant United States Trade Representa-
tive for Intellectual Property Rights shall receive com-
pensation at the rate of pay payable for level IV of the 
Executive Schedule under section 5315 of title 5, United 
States Code.’’. 
SEC. 4. CONSTRUCTION. 
Nothing in this Act or the amendment made by this 
Act shall be construed to limit the powers and duties of 
the United States Patent and Trademark Office or the 
United States Copyright Office. 
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