H.R. 902House116th Congress (2019-2021)In Committee

Protect American IPR Act

Sponsored by Steve KingRep. Steve King (R-IA)
Introduced January 30, 2019

AI-Generated Summary

Updated April 14, 2026 at 1:09 AM UTC

The Protect American IPR Act would require the President to levy duties on goods imported from the People’s Republic of China to make up for revenue losses suffered by U.S. holders of intellectual‑property rights because of violations in China. An annual study would estimate those losses, and the collected duties would be placed in a trust fund that pays eligible U.S. individuals or companies the amount of their proven losses.

Key Provisions

  • The U.S. Trade Representative, with the International Trade Commission, must conduct an annual study and report to Congress on the estimated U.S. IP revenue lost due to violations in China.
  • The President must impose duties on Chinese‑origin merchandise equal to the estimated loss for the prior year, minus any tariffs already collected under existing IP‑protection laws.
  • All duties collected are deposited into a new “American IPR Trust Fund” in the Treasury.
  • Each year, the Customs and Border Protection Commissioner may pay the trust fund to U.S. citizens, permanent residents, or U.S. entities that hold IP rights and can document quantifiable losses caused by Chinese violations, with payments limited to the amount of loss claimed.
  • The Commissioner must work with the USTR and the Commerce Secretary to issue any needed regulations.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Trade.

January 30, 2019

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HouseIntro Referral

Introduced in House

January 30, 2019

HouseIntro Referral

Referred to the House Committee on Ways and Means.

January 30, 2019

HouseCommittee

Referred to the Subcommittee on Trade.

January 30, 2019

Floor Debate

1 member

What members said about H.R. 902 on the floor

1 Republican
Steve King
Rep. Steve KingR-IA-4 · Jul 12, 2019

Mr. Chair, I am encouraged that my amendment to the National Defense Authorization Act (NDAA) for fiscal year passed the House of Representatives by voice vote on July 11, 2019. This important…

Bill Text

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Introduced in HouseIssued January 30, 2019

I

116th CONGRESS

1st Session

H. R. 902

IN THE HOUSE OF REPRESENTATIVES

January 30, 2019

Mr. King of Iowa introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To direct the President to impose duties on merchandise from the People’s Republic of China to compensate holders of United States intellectual property rights for losses resulting from violations of such intellectual property rights in China, and for other purposes.

1.

Short title

This Act may be cited as the Protect American IPR Act.

2.

Study and report on violations of United States intellectual property rights in China or by Chinese persons

(a)

Study

The United States Trade Representative, in consultation with the United States International Trade Commission, shall conduct an annual study to determine the estimated annual loss of revenue to holders of United States intellectual property rights as a result of direct or indirect violations of such intellectual property rights in the People’s Republic of China or by any Chinese person, including governmental entities of China, in the preceding calendar year.

(b)

Report

Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the United States Trade Representative shall submit to Congress a report that contains the results of the study conducted pursuant to subsection (a).

3.

Imposition of duties on merchandise from China and distribution of proceeds of such duties to holders of certain United States intellectual property rights

Notwithstanding any other provision of law, the President, acting through the United States Trade Representative, shall impose duties on merchandise originating from China in an amount equivalent to—

(1)

the estimated total loss of revenue to holders of United States intellectual property rights as a result of violations of such intellectual property rights in China during the previous calendar year, as determined by the study conducted pursuant to section 2(a), reduced by

(2)

the total amount of any tariffs collected, pursuant to section 301 of the Trade Act of 1974 (19 U.S.C. 2411) or any other provision of law authorizing the President to act to safeguard intellectual property rights, with respect to such violations in such previous calendar year.

4.

Compensation for losses borne by holders of United States intellectual property rights

(a)

Establishment of trust fund

There is established in the Treasury of the United States a trust fund, to be known as the American IPR Trust Fund (in this section referred to as the Trust Fund), consisting of such amounts as may be deposited to the Trust Fund pursuant to subsection (b) to be used, in accordance with subsection (c), for the purpose of compensating the injury to holders of United States intellectual property rights resulting from violations of such intellectual property rights in China or by any Chinese person, including governmental entities of China.

(b)

Funding

The Commissioner of U.S. Customs and Border Patrol shall deposit into the Trust Fund any amounts collected from duties imposed pursuant to section 3, which shall remain available until expended for the purpose described in subsection (a).

(c)

Distribution of Funds

(1)

In general

From amounts in the Trust Fund, the Commissioner of U.S. Customs and Border Patrol shall make payments annually to each person the Commissioner determines, with respect to the preceding calendar year—

(A)

was—

(i)

if an individual, a citizen or legal permanent resident of the United States; or

(ii)

if an entity, organized under the laws of the United States or any subdivision of the United States;

(B)

held the rights to intellectual property under the laws of the United States; and

(C)

can establish quantifiable losses resulting from the violation, directly or indirectly, of such rights in China or by any Chinese person, including governmental entities of China, during such year.

(2)

Maximum payment

The Commissioner may not make a payment under this subsection to any person for any year in an amount that is greater than the amount of the loss described in paragraph (1)(C) established with respect to such person in such year.

(d)

Consultation

The Commissioner shall consult with the United States Trade Representative and the Secretary of Commerce in issuing such regulations as may be necessary to carry out this Act.