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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 496 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 496

  To amend United States trade laws to eliminate foreign barriers to 
 exports of United States goods and services, to restore rights under 
     trade remedy laws, to strengthen enforcement of United States 
   intellectual property rights and health and safety laws at United 
                States borders, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2009

  Mr. Rangel (for himself, Mr. Levin, Mr. Neal of Massachusetts, Ms. 
  Berkley, Ms. Schwartz, Mr. Davis of Alabama, Mr. Visclosky, Mr. Tim 
 Murphy of Pennsylvania, Mr. Altmire, and Mr. Schauer) introduced the 
following bill; which was referred to the Committee on Ways and Means, 
and in addition to the Committees on Rules and Homeland Security, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
  To amend United States trade laws to eliminate foreign barriers to 
 exports of United States goods and services, to restore rights under 
     trade remedy laws, to strengthen enforcement of United States 
   intellectual property rights and health and safety laws at United 
                States borders, 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 AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Enforcement 
Act of 2009''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
 TITLE I--ELIMINATION OF FOREIGN BARRIERS TO EXPORTS OF U.S. GOODS AND 
                                SERVICES

Sec. 101. Identification of trade expansion priorities.
Sec. 102. Office of the Congressional Trade Enforcer.
Sec. 103. Appointment of General Counsel of the U.S. Trade 
                            Representative.
Sec. 104. Identification of countries that maintain unfair technical 
                            barriers to trade or unfair sanitary or 
                            phytosanitary measures.
        TITLE II--RESTORATION OF RIGHTS UNDER TRADE REMEDY LAWS

Sec. 201. Application of countervailing duties to nonmarket economy 
                            countries and strengthening application of 
                            the law.
Sec. 202. Treatment of individual business enterprises in nonmarket 
                            economy countries.
Sec. 203. Revocation of nonmarket economy country status.
Sec. 204. WTO Appellate Body rulings requiring offsets for non-dumped 
                            comparisons.
Sec. 205. Role of WTO Appellate Body rulings in the WTO dispute 
                            settlement system.
Sec. 206. Clarification regarding material injury by reason of imports 
                            of subject merchandise.
Sec. 207. Standard for presidential action on ITC finding of market 
                            disruption.
Sec. 208. Application of amendments to goods from Canada and Mexico.
Sec. 209. Rule of construction.
   TITLE III--ENFORCEMENT OF HEALTH AND SAFETY LAWS AND INTELLECTUAL 
                    PROPERTY RIGHTS AT U.S. BORDERS

                       Subtitle A--Import Safety

Sec. 301. Definitions.
Sec. 302. Obtaining data on goods destined for importation into the 
                            United States.
Sec. 303. Interagency coordination.
Sec. 304. Development of import safety program.
Sec. 305. Information exchange process.
Sec. 306. Training.
Sec. 307. Sanctions on certain suppliers.
Sec. 308. Report to Congress.
 Subtitle B--Strengthening Enforcement of Intellectual Property Rights 
                            at U.S. Borders

 Chapter 1--Coordination of Enforcement of Intellectual Property Rights

Sec. 311. Definitions.
Sec. 312. Director of Intellectual Property Rights Enforcement.
Sec. 313. Strategic plan for the enforcement of intellectual property 
                            rights.
Sec. 314. CBP and ICE coordinators.
 Chapter 2--Regulatory and Policy Improvements Against Counterfeiting 
                               and Piracy

Sec. 321. In general.
Sec. 322. Identification of certain unlawful goods.
Sec. 323. Training in new technologies.
Sec. 324. Disclosure of information and samples of shipments to 
                            intellectual property owners.
Sec. 325. Improvements to recordation process.
Sec. 326. Identification of low-risk shippers.
Sec. 327. ``Watch List'' database.
Sec. 328. Civil fines for importation of pirated or counterfeit goods.
                    Chapter 3--Training Enhancements

Sec. 331. International training and technical assistance enhancements.
           Chapter 4--New Legal Tools for Border Enforcement

Sec. 341. Expanded prohibitions on importation or exportation of 
                            counterfeit or pirated goods.
Sec. 342. Declarations regarding counterfeit and infringing 
                            merchandise.
                    Chapter 5--Regulatory Authority

Sec. 351. Regulatory authority.
                 Subtitle C--Administrative Provisions

Sec. 361. Definitions.
Sec. 362. Advisory Committee on Import Safety and Intellectual Property 
                            Enforcement.
Sec. 363. Staffing enhancements at CBP.
Sec. 364. Staffing enhancements at ICE.
              Subtitle D--Authorization of Appropriations

Sec. 371. Authorization of appropriations.

 TITLE I--ELIMINATION OF FOREIGN BARRIERS TO EXPORTS OF U.S. GOODS AND 
                                SERVICES

SEC. 101. IDENTIFICATION OF TRADE EXPANSION PRIORITIES.

    (a) Identification of Trade Expansion Priorities.--Section 310 of 
the Trade Act of 1974 is amended to read as follows:

``SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIORITIES.

    ``(a) Identification.--
            ``(1) Identification and report.--Within 30 days after the 
        submission in each calendar year of the report required by 
        section 181(b), the Trade Representative shall--
                    ``(A) review United States trade expansion 
                priorities;
                    ``(B) identify priority foreign country practices 
                the elimination of which is likely to have the most 
                significant potential to increase United States 
                exports, either directly or through the establishment 
                of a beneficial precedent; and
                    ``(C) submit to the Congressional Trade Enforcer, 
                the Committee on Finance of the Senate, and the 
                Committee on Ways and Means of the House of 
                Representatives and publish in the Federal Register a 
                report on the priority foreign country practices so 
                identified.
            ``(2) Factors.--In identifying priority foreign country 
        practices under paragraph (1), the Trade Representative shall 
        take into account all relevant factors, including--
                    ``(A) the major barriers and trade distorting 
                practices described in the National Trade Estimate 
                Report required under section 181(b);
                    ``(B) the trade agreements to which a foreign 
                country is a party and its compliance with those 
                agreements;
                    ``(C) the medium- and long-term implications of 
                foreign government procurement plans; and
                    ``(D) the international competitive position and 
                export potential of United States products and 
                services.
            ``(3) Contents of report.--The Trade Representative may 
        include in the report, if appropriate--
                    ``(A) a description of foreign country practices 
                that may in the future warrant identification as 
                priority foreign country practices; and
                    ``(B) a statement about other foreign country 
                practices that were not identified because they are 
                already being addressed by provisions of United States 
                trade law, by existing bilateral trade agreements, or 
                as part of trade negotiations with other countries, and 
                because progress is being made toward the elimination 
                of such practices.
    ``(b) Initiation of Consultations.--By no later than the date that 
is 21 days after the date on which a report is submitted to the 
Congressional Trade Enforcer and the appropriate congressional 
committees under subsection (a)(1)(C), the Trade Representative should 
seek consultations with each foreign country identified in the report 
as engaging in priority foreign country practices for the purpose of 
reaching a satisfactory resolution of such priority practices.
    ``(c) Initiation of Investigation.--If the Trade Representative 
seeks consultations under subsection (b) and a satisfactory resolution 
of the priority foreign country practices involved has not been reached 
within 90 days after the date on which a report is submitted to the 
appropriate congressional committees under subsection (a)(1), the Trade 
Representative shall initiate under section 302(b)(1) an investigation 
under this chapter with respect to such priority foreign country 
practices.
    ``(d) Agreements for the Elimination of Barriers.--In the 
consultations with a foreign country that the Trade Representative is 
required to request under section 303(a) with respect to an 
investigation initiated by reason of subsection (c), the Trade 
Representative shall seek to negotiate an agreement that provides for 
the elimination of the practices that are the subject of the 
investigation as quickly as possible or, if elimination of the 
practices is not feasible, an agreement that provides for compensatory 
trade benefits.
    ``(e) Reports.--The Trade Representative shall include in the 
semiannual report required by section 309(3) a report on the status of 
any investigations initiated pursuant to subsection (c) and, where 
appropriate, the extent to which such investigations have led to 
increased opportunities for the export of products and services of the 
United States.
    ``(f) Definition.--For purposes of this section, the term 
`Congressional Trade Enforcer' means the head of the Office of the 
Congressional Trade Enforcer established under section 102 of the Trade 
Enforcement Act of 2009.''.
    (b) Conforming Amendment.--The item relating to section 310 in the 
table of contents of the Trade Act of 1974 is amended to read as 
follows:

``Sec. 310. Identification of trade expansion priorities.''.

SEC. 102. OFFICE OF THE CONGRESSIONAL TRADE ENFORCER.

    (a) Establishment.--There is established in the legislative branch 
an Office of the Congressional Trade Enforcer (in this section referred 
to as the ``Office'').
    (b) Congressional Trade Enforcer.--
            (1) Appointment and terms.--The head of the Office shall be 
        a Congressional Trade Enforcer, who shall be appointed to a 
        term of 2 years beginning on the first day of each new 
        Congress. Appointments in odd-numbered Congresses shall be made 
        by the Speaker of the House of Representatives, in consultation 
        with the minority leader of the House of Representatives, the 
        majority leader of the Senate, and the minority leader of the 
        Senate, after considering recommendations received from the 
        Committee on Ways and Means of the House of Representatives and 
        the Committee on Finance of the Senate. Appointments in even-
        numbered Congresses shall be made by the majority leader of the 
        Senate, in consultation with the minority leader of the Senate, 
        the Speaker of the House of Representatives, and the minority 
        leader of the House of Representatives, after considering 
        recommendations received from the Committee on Finance of the 
        Senate and the Committee on Ways and Means of the House of 
        Representatives. The Congressional Trade Enforcer shall be 
        appointed without regard to political affiliation and solely on 
        the basis of fitness to perform the functions described in 
        subsection (d).
            (2) Continued service.--An individual may serve as the 
        Congressional Trade Enforcer for more than one term, and the 
        person making the appointment under paragraph (1) should look 
        favorably upon reappointing the individual serving as the 
        Congressional Trade Enforcer. An individual serving as 
        Congressional Trade Enforcer at the expiration of a term may 
        continue to serve until a successor is appointed. The 
        Congressional Trade Enforcer may be removed by either the House 
        of Representatives or the Senate by resolution.
            (3) Compensation.--The Congressional Trade Enforcer shall 
        receive compensation at an annual rate of pay that is equal to 
        the lower of--
                    (A) the highest annual rate of compensation of any 
                officer of the Senate; or
                    (B) the highest annual rate of compensation of any 
                officer of the House of Representatives.
    (c) Personnel.--The Congressional Trade Enforcer shall appoint and 
fix the compensation of such personnel as may be necessary to carry out 
the functions described in subsection (d). All personnel of the Office 
shall be appointed without regard to political affiliation and solely 
on the basis of their fitness to perform their duties. The 
Congressional Trade Enforcer may prescribe the duties and 
responsibilities of the personnel of the Office, and delegate to them 
authority to perform any of the duties, powers, and functions imposed 
on the Office. For purposes of pay (other than the pay of the 
Congressional Trade Enforcer) and employment benefits, rights, and 
privileges, all personnel of the Office shall be treated as if they 
were employees of the House of Representatives.
    (d) Purpose and Functions.--
            (1) Purpose.--The purpose of the Congressional Trade 
        Enforcer shall be to ensure compliance by trading partners of 
        the United States with trade agreements to which the United 
        States and such trading partners are parties.
            (2) Functions; actions by ustr.--
                    (A) In general.--The Congressional Trade Enforcer 
                shall have the authority to investigate foreign trade 
                practices that are barriers to United States exports 
                and issue indictments in cases where such practices 
                violate any of the Uruguay Round Agreements or any 
                bilateral or regional trade agreement to which the 
                United States is a party.
                    (B) Submission of indictments.--The Congressional 
                Trade Enforcer shall submit indictments referred to in 
                subparagraph (A) to the Committee on Ways and Means of 
                the House of Representatives, the Committee on Finance 
                of the Senate, and the United States Trade 
                Representative.
                    (C) Action pursuant to indictment.--Within 30 days 
                after receiving an indictment under subparagraph (B), 
                the Trade Representative should commence dispute 
                resolution procedures in the appropriate forum against 
                the country or countries that are the subject of the 
                indictment unless--
                            (i) before the date of filing, the foreign 
                        country or countries involved enter into an 
                        agreement with the United States to eliminate 
                        the practice that is inconsistent with its 
                        international obligations; or
                            (ii) in extraordinary cases, the filing of 
                        the case would cause serious harm to the 
                        national security of the United States.
                    (D) Report.--If the Trade Representative does not 
                commence dispute resolution procedures under 
                subparagraph (C) pursuant to an indictment under 
                subparagraph (B), the Trade Representative shall, not 
                later than 60 days after receiving the indictment, 
                submit to the Committee on Ways and Means of the House 
                of Representatives and the Committee on Finance of the 
                Senate a report containing the reasons therefor and 
                shall publish notice of the decision, together with a 
                summary of such reasons, in the Federal Register.
            (3) Vote by congressional committees.--During the 60-day 
        period after the Trade Representative submits a report under 
        subparagraph (D), the Committee on Ways and Means of the House 
        of Representatives and the Committee on Finance of the Senate 
        may each vote to indicate the agreement or disagreement of the 
        committee with the decision of the Trade Representative not to 
        commence dispute resolution procedures.
            (4) Definitions.--In this subsection:
                    (A) Indictment.--The term ``indictment'' means a 
                formal written analysis setting forth the legal 
                explanation of the manner in which a foreign trade 
                practice of a country or countries violates any of the 
                Uruguay Round Agreements or any bilateral or regional 
                trade agreement to which the United States is a party.
                    (B) Uruguay round agreements.--The term ``Uruguay 
                Round Agreements'' means any of the agreements approved 
                by the Congress under section 101(a)(1) of the Uruguay 
                Round Agreements Act (19 U.S.C. 3511(a)(1)).
    (e) Office of Market Access Assistance.--
            (1) Establishment.--There is established in the Office of 
        the Congressional Trade Enforcer an Office of Market Access 
        Assistance.
            (2) Functions.--The Office of Market Access Assistance 
        shall provide technical and legal assistance and advice to 
        eligible small businesses to enable such small businesses to 
        prepare and file petitions (other than those which, in the 
        opinion of the Office of Market Access Assistance, are 
        frivolous) under section 302 of the Trade Act of 1974.
            (3) Definition.--In this subsection, the term ``eligible 
        small business'' means any business concern which, in the 
        judgment of the Office of Market Access Assistance, due to its 
        small size, has neither adequate internal resources nor 
        financial ability to obtain qualified outside assistance in 
        preparing and filing petitions and complaints under section 302 
        of the Trade Act of 1974. In determining whether a business 
        concern is an ``eligible small business,'' the Office of Market 
        Access Assistance may consult with the Administrator of the 
        Small Business Administration and the heads of other 
        appropriate Federal departments and agencies.
    (f) Relationship to Executive Branch.--The Congressional Trade 
Enforcer is authorized to secure information, data, estimates, and 
statistics directly from the various departments, agencies, and 
establishments of the executive branch of Government and the regulatory 
agencies and commissions of the Government. All such departments, 
agencies, establishments, and regulatory agencies and commissions shall 
furnish the Congressional Trade Enforcer with any available material 
that the Congressional Trade Enforcer determines to be necessary in the 
performance of the functions of the Office. The Congressional Trade 
Enforcer is also authorized, upon agreement with the head of any such 
department, agency, establishment, or regulatory agency or commission, 
to use its services, facilities, and personnel, with or without 
reimbursement; and the head of each such department, agency, 
establishment, or regulatory agency or commission is authorized to 
provide to the Office such services, facilities, and personnel.
    (g) Relationship to Other Agencies of Congress.--In carrying out 
the functions of the Office, and for the purpose of coordinating the 
operations of the Office with those of other congressional agencies 
with a view to using most effectively the information, services, and 
capabilities of all such agencies in carrying out the responsibilities 
assigned to each, the Congressional Trade Enforcer is authorized to 
obtain information, data, estimates, and statistics developed by the 
Government Accountability Office and the Library of Congress, and (upon 
agreement with them) to use their services, facilities, and personnel, 
with or without reimbursement. The Comptroller General and the 
Librarian of Congress are authorized to provide the Office with the 
information, data, estimates, and statistics, and the services, 
facilities, and personnel, referred to in the preceding sentence.
    (h) Authorizations of Appropriations.--There are authorized to be 
appropriated to the Office such sums as may be necessary for each 
fiscal year to carry out this section.

SEC. 103. APPOINTMENT OF GENERAL COUNSEL OF THE U.S. TRADE 
              REPRESENTATIVE.

    (a) Establishment of Position.--Section 141(b)(2) of the Trade Act 
of 1974 (19 U.S.C. 2171(b)(2)) is amended to read as follows:
    ``(2) There shall be in the Office 3 Deputy United States Trade 
Representatives, 1 Chief Agriculture Negotiator, and 1 General Counsel. 
The 3 Deputy United States Trade Representatives, the Chief Agriculture 
Negotiator, and the General Counsel shall be appointed by the 
President, by and with the advice and consent of the Senate. As an 
exercise of the rulemaking of the Senate, any nomination of a Deputy 
United States Trade Representative, the Chief Agricultural Negotiator, 
or the General Counsel submitted to the Senate for its advice and 
consent, and referred to a committee, shall be referred to the 
Committee on Finance. Each Deputy United States Trade Representative, 
the Chief Agricultural Negotiator, and the General Counsel shall hold 
office at the pleasure of the President and shall have the rank of 
Ambassador.''.
    (b) Functions of Position.--Section 141(c) of the Trade Act of 1974 
(19 U.S.C. 2171(c)) is amended--
            (1) by aligning paragraph (5) with paragraph (4); and
            (2) by adding at the end the following new paragraph:
    ``(6) The principal function of the General Counsel shall be to 
ensure that United States trading partners comply with trade agreements 
to which the United States and such trading partners are parties 
(including by investigating and prosecuting disputes before the World 
Trade Organization and pursuant to other trade agreements to which the 
United States is a party), to defend the United States in dispute 
settlement proceedings under such trade agreements, and otherwise to 
provide legal advice to the United States Trade Representative. The 
General Counsel shall perform such other functions as the United States 
Trade Representative may direct.''.
    (c) Compensation.--Section 5314 of title 5, United States Code, is 
amended by inserting after ``Chief Agricultural Negotiator'' the 
following:
            ``General Counsel.''.

SEC. 104. IDENTIFICATION OF COUNTRIES THAT MAINTAIN UNFAIR TECHNICAL 
              BARRIERS TO TRADE OR UNFAIR SANITARY OR PHYTOSANITARY 
              MEASURES.

    (a) Identification Required.--
            (1) In general.--Chapter 8 of title I of the Trade Act of 
        1974 is amended by adding at the end the following:

``SEC. 183. IDENTIFICATION OF COUNTRIES THAT MAINTAIN UNFAIR TECHNICAL 
              BARRIERS TO TRADE OR UNFAIR SANITARY OR PHYTOSANITARY 
              MEASURES.

    ``(a) In General.--Not later than the date that is 30 days after 
the date on which the annual report is required to be submitted to 
Congressional committees under section 181(b), the United States Trade 
Representative (in this section referred to as the `Trade 
Representative') shall identify--
            ``(1) those foreign countries that maintain technical 
        barriers to trade, or sanitary or phytosanitary measures, that 
        deny fair and equitable market access to United States 
        products; and
            ``(2) those foreign countries identified under paragraph 
        (1) that are determined by the Trade Representative to be 
        priority foreign countries.
    ``(b) Special Rules for Identifications.--
            ``(1) Criteria.--In identifying priority foreign countries 
        under subsection (a)(2), the Trade Representative shall 
        identify only those foreign countries--
                    ``(A) that have the most onerous or egregious acts, 
                policies, or practices that deny fair and equitable 
                market access to United States products;
                    ``(B) whose acts, policies, or practices described 
                in subparagraph (A) have the greatest adverse impact 
                (actual or potential) on the relevant United States 
                products; and
                    ``(C) that are not--
                            ``(i) entering into good faith 
                        negotiations, or
                            ``(ii) making significant progress in 
                        bilateral or multilateral negotiations,
                to provide fair and equitable market access to United 
                States products.
            ``(2) Consultation and consideration requirements.--In 
        identifying priority foreign countries under subsection (a)(2), 
        the Trade Representative shall--
                    ``(A) consult with the Secretary of Commerce, the 
                Secretary of Agriculture, the Administrator of the Food 
                and Drug Administration, and the heads of other 
                appropriate Federal agencies; and
                    ``(B) take into account information provided by 
                such other sources as may be available to the Trade 
                Representative and such information as may be submitted 
                to the Trade Representative by interested persons, 
                including information contained in reports submitted 
                under section 181(b) and petitions submitted under 
                section 302.
            ``(3) Consideration of historical factors.--In identifying 
        foreign countries under paragraphs (1) and (2) of subsection 
        (a), the Trade Representative shall take into account--
                    ``(A) the history of unfair technical barriers to 
                trade and unfair sanitary or phytosanitary measures of 
                the foreign country, including any previous 
                identification under subsection (a)(2); and
                    ``(B) the history of efforts of the United States, 
                and the response of the foreign country, to remove 
                unfair technical barriers to trade, or sanitary or 
                phytosanitary measures, that deny fair and equitable 
                market access to United States products.
    ``(c) Revocations and Additional Identifications.--
            ``(1) Authority to act at any time.--If information 
        available to the Trade Representative indicates that such 
        action is appropriate, the Trade Representative may at any 
        time--
                    ``(A) revoke the identification of any foreign 
                country as a priority foreign country under this 
                section; or
                    ``(B) identify any foreign country as a priority 
                foreign country under this section.
            ``(2) Revocation reports.--The Trade Representative shall 
        include in the semiannual report submitted to the Congress 
        under section 309(3) a detailed explanation of the reasons for 
        the revocation under paragraph (1) of the identification of any 
        foreign country as a priority foreign country under this 
        section.
    ``(d) Definitions.--In this section:
            ``(1) Sanitary or phytosanitary measure.--The term 
        `sanitary or phytosanitary measure' means a sanitary or 
        phytosanitary measure as defined by Annex A of the Agreement on 
        the Application of Sanitary and Phytosanitary Measures 
        (described in section 101(d)(3) of the Uruguay Round Agreements 
        Act (19 U.S.C. 3511(d)(3)).
            ``(2) Technical barriers to trade.--The term `technical 
        barriers to trade' means technical regulations, standards, and 
        conformity assessment procedures as defined by Annex 1 of the 
        Agreement on Technical Barriers to Trade (described in section 
        101(d)(5) of the Uruguay Round Agreements Act (19 U.S.C. 
        3511(d)(5)).
            ``(3) Denial of fair and equitable market access.--
                    ``(A) In general.--A technical barrier to trade or 
                a sanitary or phytosanitary measure may deny fair and 
                equitable market access to United States products 
                regardless of whether it is in violation of, or 
                inconsistent with, the international legal rights of 
                the United States.
                    ``(B) Examples of unfair and inequitable technical 
                barriers to trade.--A technical barrier to trade that 
                denies fair and equitable market access to United 
                States products may include, but is not limited to, one 
                that--
                            ``(i) is more restrictive than necessary to 
                        achieve a legitimate objective of the foreign 
                        country, or are applied more strictly than 
                        necessary;
                            ``(ii) is not based on international 
                        standards, and there is no basis to conclude 
                        that the international standards would be an 
                        ineffective or inappropriate means for the 
                        fulfilment of the legitimate objectives 
                        pursued;
                            ``(iii) fails to give positive 
                        consideration to equivalent technical 
                        regulations of the United States that 
                        adequately fulfil the objectives of the 
                        regulations of the foreign country;
                            ``(iv) establishes requirements in terms of 
                        design or descriptive characteristics, rather 
                        than performance;
                            ``(v) is not transparent, such as a measure 
                        that is not published or does not provide 
                        meaningful opportunity for comment; or
                            ``(vi) unjustifiably discriminates or has 
                        the effect of discriminating between imported 
                        and domestically produced products, or products 
                        imported from different countries.
                    ``(C) Examples of unfair and inequitable sanitary 
                or phytosanitary measures.--A sanitary or phytosanitary 
                measure that denies fair and equitable market access to 
                United States products may include, but is not limited 
                to, one that--
                            ``(i) is not based on scientific principles 
                        or is maintained without sufficient scientific 
                        evidence;
                            ``(ii) discriminates arbitrarily or 
                        unjustifiably where identical or similar 
                        conditions prevail, or is applied in a manner 
                        that would constitute a disguised restriction 
                        on international trade;
                            ``(iii) is not based on an assessment of 
                        the risks to human, animal, or plant life or 
                        health, or does not take into account risk 
                        assessment techniques developed by any relevant 
                        international organizations; or
                            ``(iv) is not transparent, such as a 
                        measure that is not published or does not 
                        provide meaningful opportunity for comment.
    ``(e) Publication.--The Trade Representative shall publish in the 
Federal Register a list of foreign countries identified under 
subsection (a) and shall make such revisions to the list as may be 
required by reason of action under subsection (c).
    ``(f)  Annual Report.--The Trade Representative shall, not later 
than the date by which countries are identified under subsection (a), 
transmit to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate, a report on 
the actions taken under this section during the 12 months preceding 
such report, and the reasons for such actions, including a description 
of progress made toward ensuring that technical barriers to trade and 
sanitary or phytosanitary measures do not deny fair and equitable 
market access for United States products.''.
            (2) Clerical amendment.--The table of contents for the 
        Trade Act of 1974 is amended by inserting after the item 
        relating to section 182 the following:

``Sec. 183. Identification of countries that maintain unfair technical 
                            barriers to trade or unfair sanitary or 
                            phytosanitary measures.''.
    (b) Actions by United States Trade Representative.--Section 
301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C. 2411(d)(3)(B)) is 
amended--
            (1) in clause (ii), by striking ``or'' at the end;
            (2) in clause (iii), by striking the period at the end and 
        inserting ``or''; and
            (3) by adding at the end the following:
                    ``(iv) are technical barriers to trade, or sanitary 
                or phytosanitary measures, that deny fair and equitable 
                market access to United States products.''.
    (c) Initiation of Investigations.--Section 302(b)(2) of the Trade 
Act of 1974 (19 U.S.C. 2412(b)(2)) is amended--
            (1) in subparagraph (A), in the matter preceding clause 
        (i), by inserting ``or 183(a)(2)'' after ``section 
        182(a)(2);'';
            (2) in subparagraph (D), by inserting ``concerning 
        intellectual property rights that is'' after ``any 
        investigation''; and
            (3) by adding at the end the following:
            ``(E) The Trade Representative shall consult with the 
        Secretary of Commerce, the Secretary of Agriculture, the 
        Administrator of the Food and Drug Administration, and the 
        heads of other appropriate Federal agencies, during any 
        investigation concerning technical barriers to trade or 
        sanitary or phytosanitary measures that is initiated under this 
        chapter by reason of subparagraph (A).''.

        TITLE II--RESTORATION OF RIGHTS UNDER TRADE REMEDY LAWS

SEC. 201. APPLICATION OF COUNTERVAILING DUTIES TO NONMARKET ECONOMY 
              COUNTRIES AND STRENGTHENING APPLICATION OF THE LAW.

    (a) Application of Countervailing Duties to Nonmarket Economies.--
Section 701(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1671(a)(1)) is 
amended by inserting ``(including a nonmarket economy country)'' after 
``country'' each place it appears.
    (b) Recognition of Countervailable Subsidies in Nonmarket Economy 
Countries.--Section 771(5)(C) of the Tariff Act of 1930 (19 U.S.C. 
1677(5)(E)) is amended to read as follows:
                    ``(C) Other factors.--(i) The determination of 
                whether a subsidy exists shall be made without regard 
                to--
                                    ``(I) whether the recipient of the 
                                subsidy is publicly or privately owned;
                                    ``(II) whether the subsidy is 
                                provided directly or indirectly on the 
                                manufacture, production, or export of 
                                merchandise; and
                                    ``(III)(aa) whether the country is 
                                a nonmarket economy country, or
                                    ``(bb) the level of economic 
                                reforms in a country that is a 
                                nonmarket economy country,
                                at the time the subsidy is provided.
                            ``(ii) The administering authority is not 
                        required to consider the effect of the subsidy 
                        in determining whether a subsidy exists under 
                        this paragraph.''.
    (c) Use of Alternate Methodologies Involving China.--Section 
771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) is amended 
by adding at the end the following:
                ``If the administering authority encounters special 
                difficulties in identifying and calculating the amount 
                of a benefit under clauses (i) through (iv) with 
                respect to an investigation or review involving the 
                People's Republic of China, irrespective of whether the 
                administering authority determines that China is a 
                nonmarket economy country under paragraph (18) of this 
                section, the administering authority shall use 
                methodologies to identify and calculate the amount of 
                the benefit that take into account the possibility that 
                terms and conditions prevailing in China may not always 
                be available as appropriate benchmarks. In applying 
                such methodologies, where practicable, the 
                administering authority should take into account and 
                adjust terms and conditions prevailing in China before 
                using terms and conditions prevailing outside of China. 
                If the administering authority has determined that 
                China is a nonmarket economy country under paragraph 
                (18) of this section, the administering authority shall 
                presume that special difficulties exist in calculating 
                the amount of a benefit under clauses (i) through (iv) 
                with respect to an investigation or review involving 
                China and that it is not practicable to take into 
                account and adjust terms and conditions prevailing in 
                China, and the administering authority shall use terms 
                and conditions prevailing outside of China.''.
    (d) Subsidies Provided to State-Owned Enterprises in the People's 
Republic of China.--Section 771(5A) of the Tariff Act of 1930 (19 
U.S.C. 1677(5A)) is amended by adding at the end the following:
        ``For purposes of this paragraph, subsidies provided to state-
        owned enterprises in the People's Republic of China shall be 
        deemed to be specific if, inter alia, state-owned enterprises 
        are the predominant recipients of such subsidies or state-owned 
        enterprises receive disproportionately large amounts of such 
        subsidies.''.
    (e) Antidumping Provisions Not Affected.--The amendments made by 
this section shall not affect the status of a country as a nonmarket 
economy country for the purposes of any matter relating to antidumping 
duties under subtitle B of title VII of the Tariff Act of 1930 (19 
U.S.C. 1673 et seq.).
    (f) Effective Date.--The amendments made by this section apply to 
petitions filed under section 702 of the Tariff Act of 1930 (19 U.S.C. 
1671a) on or after October 1, 2006.

SEC. 202. TREATMENT OF INDIVIDUAL BUSINESS ENTERPRISES IN NONMARKET 
              ECONOMY COUNTRIES.

    Section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)) is 
amended--
            (1) by redesignating subparagraphs (D) and (E) as 
        subparagraph (E) and (F), respectively; and
            (2) by inserting after subparagraph (C) the following:
                    ``(D) Treatment of individual business 
                enterprises.--The administering authority shall not 
                consider requests for market economy treatment at the 
                individual business enterprise level in an antidumping 
                proceeding involving a foreign country determined to be 
                a nonmarket economy country.''.

SEC. 203. REVOCATION OF NONMARKET ECONOMY COUNTRY STATUS.

    (a) Amendment of Definition of ``Nonmarket Economy Country''.--
Section 771(18)(C)(i) of the Tariff Act of 1930 (19 U.S.C. 
1677(18)(C)(i)) is amended to read as follows:
                            ``(i) Any determination that a foreign 
                        country is a nonmarket economy country shall 
                        remain in effect until--
                                    ``(I) the administering authority 
                                makes a final determination to revoke 
                                the determination under subparagraph 
                                (A); and
                                    ``(II) a joint resolution is 
                                enacted into law pursuant to 
                                subsections (b) through (i) of section 
                                203 of the Trade Enforcement Act of 
                                2009.''.
    (b) Notification by President; Joint Resolution.--Whenever the 
administering authority (as such term is defined in section 771(1) of 
the Tariff Act of 1930 (19 U.S.C. 1677(1)) makes a final determination 
under section 771(18)(C)(i)(I) of the Tariff Act of 1930 (as added by 
subsection (a) of this section) to revoke the determination that a 
foreign country is a nonmarket economy country--
            (1) the President shall notify the Committee on Finance of 
        the Senate and the Committee on Ways and Means of the House of 
        Representatives of the administering authority's final 
        determination not later than 10 days after the publication of 
        the final determination in the Federal Register;
            (2) the President shall transmit to the Congress a request 
        that a joint resolution be introduced pursuant to this section; 
        and
            (3) a joint resolution shall be introduced in the Congress 
        pursuant to this section.
    (c) Definition.--For purposes of this section, the term ``joint 
resolution'' means only a joint resolution of the 2 Houses of the 
Congress, the matter after the resolving clause of which is as follows: 
``That the Congress approves the change of nonmarket economy status 
with respect to the products of _____ transmitted by the President to 
the Congress on _____.'', the first blank space being filled in with 
the name of the country with respect to which a determination has been 
made under section 771(18)(C)(i) of the Tariff Act of 1930 (19 U.S.C. 
1677(18)(C)(i)), and the second blank space being filled with the date 
on which the President notified the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of Representatives 
under subsection (b)(1).
    (d) Introduction.--A joint resolution shall be introduced (by 
request) in the House of Representatives by the majority leader of the 
House, for himself, or by Members of the House designated by the 
majority leader of the House, and shall be introduced (by request) in 
the Senate by the majority leader of the Senate, for himself, or by 
Members of the Senate designated by the majority leader of the Senate.
    (e) Amendments Prohibited.--No amendment to a joint resolution 
shall be in order in either the House of Representatives or the Senate, 
and no motion to suspend the application of this subsection shall be in 
order in either House, nor shall it be in order in either House for the 
presiding officer to entertain a request to suspend the application of 
this subsection by unanimous consent.
    (f) Period for Committee and Floor Consideration.--
            (1) In general.--If the committee or committees of either 
        House to which a joint resolution has been referred have not 
        reported the joint resolution at the close of the 45th day 
        after its introduction, such committee or committees shall be 
        automatically discharged from further consideration of the 
        joint resolution and it shall be placed on the appropriate 
        calendar. A vote on final passage of the joint resolution shall 
        be taken in each House on or before the close of the 15th day 
        after the joint resolution is reported by the committee or 
        committees of that House to which it was referred, or after 
        such committee or committees have been discharged from further 
        consideration of the joint resolution. If, prior to the passage 
        by one House of a joint resolution of that House, that House 
        receives the same joint resolution from the other House, then--
                    (A) the procedure in that House shall be the same 
                as if no joint resolution had been received from the 
                other House, but
                    (B) the vote on final passage shall be on the joint 
                resolution of the other House.
            (2) Computation of days.--For purposes of paragraph (1), in 
        computing a number of days in either House, there shall be 
        excluded any day on which that House is not in session.
    (g) Floor Consideration in the House.--
            (1) Motion privileged.--A motion in the House of 
        Representatives to proceed to the consideration of a joint 
        resolution shall be highly privileged and not debatable. An 
        amendment to the motion shall not be in order, nor shall it be 
        in order to move to reconsider the vote by which the motion is 
        agreed to or disagreed to.
            (2) Debate limited.--Debate in the House of Representatives 
        on a joint resolution shall be limited to not more than 20 
        hours, which shall be divided equally between those favoring 
        and those opposing the joint resolution. A motion further to 
        limit debate shall not be debatable. It shall not be in order 
        to move to recommit a joint resolution or to move to reconsider 
        the vote by which a joint resolution is agreed to or disagreed 
        to.
            (3) Motions to postpone.--Motions to postpone, made in the 
        House of Representatives with respect to the consideration of a 
        joint resolution, and motions to proceed to the consideration 
        of other business, shall be decided without debate.
            (4) Appeals.--All appeals from the decisions of the Chair 
        relating to the application of the Rules of the House of 
        Representatives to the procedure relating to a joint resolution 
        shall be decided without debate.
            (5) Other rules.--Except to the extent specifically 
        provided in the preceding provisions of this subsection, 
        consideration of a joint resolution shall be governed by the 
        Rules of the House of Representatives applicable to other bills 
        and resolutions in similar circumstances.
    (h) Floor Consideration in the Senate.--
            (1) Motion privileged.--A motion in the Senate to proceed 
        to the consideration of a joint resolution shall be privileged 
        and not debatable. An amendment to the motion shall not be in 
        order, nor shall it be in order to move to reconsider the vote 
        by which the motion is agreed to or disagreed to.
            (2) Debate limited.--Debate in the Senate on a joint 
        resolution, and all debatable motions and appeals in connection 
        therewith, shall be limited to not more than 20 hours. The time 
        shall be equally divided between, and controlled by, the 
        majority leader and the minority leader or their designees.
            (3) Control of debate.--Debate in the Senate on any 
        debatable motion or appeal in connection with a joint 
        resolution shall be limited to not more than 1 hour, to be 
        equally divided between, and controlled by, the mover and the 
        manager of the joint resolution, except that in the event the 
        manager of the joint resolution is in favor of any such motion 
        or appeal, the time in opposition thereto shall be controlled 
        by the minority leader or his designee. Such leaders, or either 
        of them, may, from time under their control on the passage of a 
        joint resolution, allot additional time to any Senator during 
        the consideration of any debatable motion or appeal.
            (4) Other motions.--A motion in the Senate to further limit 
        debate is not debatable. A motion to recommit a joint 
        resolution is not in order.
    (i) Rules of House of Representatives and Senate.--Subsections (c) 
through (h) are enacted by the Congress--
            (1) as an exercise of the rulemaking power of the House of 
        Representatives and the Senate, respectively, and as such 
        subsections (c) through (h) are deemed a part of the rules of 
        each House, respectively, but applicable only with respect to 
        the procedure to be followed in that House in the case of joint 
        resolutions described in subsection (c), and subsections (c) 
        through (h) supersede other rules only to the extent that they 
        are inconsistent therewith; and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner and to 
        the same extent as in the case of any other rule of that House.

SEC. 204. WTO APPELLATE BODY RULINGS REQUIRING OFFSETS FOR NON-DUMPED 
              COMPARISONS.

    (a) Findings.--Congress finds the following:
            (1) The Contracting Parties of the General Agreements on 
        Tariffs and Trade agreed in 1947, and the Members of the World 
        Trade Organization (WTO) reaffirmed in 1994, that dumping, by 
        which products of one country are introduced into the commerce 
        of another country at less than fair value, ``is to be 
        condemned'' if it causes or threatens material injury to, or 
        materially retards the establishment of, a domestic industry.
            (2) Since the adoption of the first United States 
        antidumping law in 1921, the United States has treated groups 
        of sales that are above ``fair value'' as not dumped (i.e., 
        having a dumping margin of zero). Virtually every other 
        government that applies antidumping measures has used a similar 
        practice of ``zeroing'' sales above fair value.
            (3) In a series of recent dispute settlement proceedings, 
        the WTO Appellate Body has repeatedly overturned the rulings of 
        several panels of antidumping experts that have found that the 
        longstanding practice of zeroing is not inconsistent with the 
        WTO agreements. The WTO Appellate Body has found that the 
        United States is required to recognize ``negative dumping'' 
        (the amount by which certain groups of sales may exceed ``fair 
        value'') and thereby imposed a new mandate that the United 
        States must offset dumped sales.
            (4) The United States has described these decisions of the 
        WTO Appellate Body as ``devoid of legal merit,'' ``fatally 
        flawed,'' and ``very troubling.''
            (5) Despite these criticisms, the U.S. Department of 
        Commerce implemented the recommendations of the WTO Appellate 
        Body by creating mandatory offsets for dumping with respect to 
        certain comparisons made in antidumping investigations, 
        effective February 22, 2007. The Department of Commerce did not 
        make any other modifications to its methodologies to ensure 
        that dumping is addressed fully and in all instances under 
        United States antidumping law.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) in negotiations and dispute settlement proceedings at 
        the WTO, the United States should--
                    (A) restore the balance between rights and 
                obligations that was struck during the Uruguay Round of 
                Multilateral Trade Negotiations, as reflected in the 
                Agreement on Implementation of Article VI of the 
                General Agreement on Tariffs and Trade 1994, including 
                by eliminating the requirement to offset dumped sales 
                with non-dumped sales; and
                    (B) preserve the ability of the United States to 
                enforce rigorously its trade laws, including the 
                antidumping, countervailing duty, and safeguard laws;
            (2) the Department of Commerce should revisit its decision 
        to modify its methodology in antidumping investigations with 
        respect to the calculation of the weighted-average dumping 
        margin, effective February 22, 2007;
            (3) a revised modification should seek to ensure that 100 
        percent of dumping is addressed under United States antidumping 
        duty law and practice, while also ensuring that the United 
        States complies with its WTO obligations.
    (c) Requirements for Agency Action.--
            (1) Changes in antidumping methodology.--The Department of 
        Commerce may not implement any revised methodology in 
        antidumping investigations with respect to the calculation of 
        weighted-average dumping margins unless and until the 
        procedures set forth in section 123(g)(1) of the Uruguay Round 
        Agreements Act (19 U.S.C. 3533(g)(1)) have been followed and 
        completed.
            (2) Effective date of modification.--A final rule or other 
        modification to which paragraph (1) applies may not go into 
        effect before the end of the 60-day period beginning on the 
        date on which consultations under section 123(g)(1)(E) of the 
        Uruguay Round Agreements Act (19 U.S.C. 3533(g)(1)(E)) begin.
            (3) Vote by congressional committees.--During the 60-day 
        period described in paragraph (2), the Committee on Ways and 
        Means of the House of Representatives and the Committee on 
        Finance of the Senate may vote to indicate the agreement or 
        disagreement of the committee with the proposed contents of the 
        final rule or other modification. Any such vote shall not be 
        binding on the department or agency which is implementing the 
        rule or other modification.
    (d) Grace Period for Original Modification.--The final modification 
announced in ``Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin During an Antidumping Investigation; Final 
Modification,'' 71 Fed. Reg. 77722 (December 27, 2006) shall remain in 
force until March 1, 2009. On that date, the Department of Commerce 
shall return to the methodology it applied before adopting the Final 
Modification, unless or until it issues a Revised Modification, in 
accordance with the procedures described in subsection (c).

SEC. 205. ROLE OF WTO APPELLATE BODY RULINGS IN THE WTO DISPUTE 
              SETTLEMENT SYSTEM.

    (a) Findings.--Congress finds the following:
            (1) The United States and other members of the World Trade 
        Organization made clear when they established the World Trade 
        Organization that the text of the WTO agreements, and not 
        interpretations of those agreements by the Appellate Body or 
        any other international tribunal, establishes the rights and 
        obligations of WTO members. The WTO members determined that 
        ``in their findings and recommendations, the panel and 
        Appellate Body cannot add to or diminish the rights and 
        obligations'' in the text of an agreement. Instead, a dispute 
        settlement panel is to make an ``objective assessment of the 
        matter before it, including an objective assessment of the 
        facts of the case and the applicability of and conformity with 
        the relevant covered agreements''. The WTO members themselves, 
        by a three-fourths majority, have the ``exclusive authority'' 
        to adopt binding interpretations of the WTO agreements.
            (2) Accordingly, in 1996, the WTO Appellate Body stated 
        that past dispute settlement decisions ``create legitimate 
        expectations among WTO Members, and, therefore, should be taken 
        into account where they are relevant to any dispute. However, 
        they are not binding, except with respect to resolving the 
        particular dispute between the parties to that dispute.''.
            (3) In 2008, however, the Appellate Body criticized a 
        dispute settlement panel for conducting its own objective 
        assessment of a legal issue and refusing to follow the 
        Appellate Body's past interpretations of provisions of WTO 
        agreements. The Appellate Body stated that it was ``deeply 
        concerned about the Panel's decision to depart from well-
        established Appellate Body jurisprudence clarifying the 
        interpretation of the same legal issues''.
            (4) The notion that a dispute settlement panel is obligated 
        to follow Appellate Body precedent, rather than its own 
        objective assessment of the relevant WTO agreements, is 
        inconsistent with the text of those agreements and ultimately 
        may have a chilling effect on future negotiations to further 
        open markets and strengthen the global trading system.
    (b) Sense of Congress.--It is the sense of the Congress that the 
United States should state unequivocally that--
            (1) it in inconsistent with the express mandate of limited 
        authority to the WTO Appellate Body under the Understanding on 
        Rules and Procedures Governing the Settlement of Disputes for 
        the Appellate Body to establish a new legal standard that 
        dispute settlement panels must apply in deciding cases; and
            (2) a dispute settlement panel is obligated to follow the 
        text of an agreement negotiated by the WTO members themselves, 
        and not the ``jurisprudence'' of the WTO Appellate Body.
    (c) Definitions.--In this section:
            (1) WTO agreements.--The term ``WTO agreements'' means the 
        agreements approved by the Congress under section 101(a)(1) of 
        the Uruguay Round Agreements Act (19 U.S.C. 3511(a)(1)).
            (2) WTO member.--The term ``WTO member'' has the meaning 
        given that term in section 2 of the Uruguay Round Agreements 
        Act (19 U.S.C. 3501).
            (3) Appellate body; dispute settlement panel.--The terms 
        ``Appellate Body'' and ``dispute settlement panel'' have the 
        meanings given those terms in section 121 of the Uruguay Round 
        Agreements Act (19 U.S.C. 3531).
            (4) Understanding on rules and procedures governing the 
        settlement of disputes.--The term ``Understanding on Rules and 
        Procedures Governing the Settlement of Disputes'' means the 
        agreement described in section 101(d)(16) of the Uruguay Round 
        Agreements Act (19 U.S.C. 3511(d)(16)).

SEC. 206. CLARIFICATION REGARDING MATERIAL INJURY BY REASON OF IMPORTS 
              OF SUBJECT MERCHANDISE.

    Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is 
amended by adding at the end the following:
                    ``(J) Additional requirements.--In evaluating 
                whether there is material injury, or threat thereof, by 
                reason of imports of the subject merchandise, the 
                Commission shall make its determination without regard 
                to--
                            ``(i) whether other imports would have 
                        replaced or are likely to replace subject 
                        imports if an order were issued or a suspension 
                        agreement were accepted under this title; or
                            ``(ii) the effect of a potential order or 
                        suspension agreement on the domestic industry, 
                        except with respect to any finding required by 
                        subparagraph (F)(ii).''.

SEC. 207. STANDARD FOR PRESIDENTIAL ACTION ON ITC FINDING OF MARKET 
              DISRUPTION.

    Section 421 of the Trade Act of 1974 (19 U.S.C. 2451) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``any'' before ``increased 
                duties''; and
                    (B) by striking ``, to the extent and for such 
                period'' and all that follows to the end period and 
                inserting ``recommended by the International Trade 
                Commission'';
            (2) in subsection (e), in the second sentence, by striking 
        ``agreed upon by either group'' and all that follows to the end 
        period and inserting ``shall be considered an affirmative 
        determination under subsection (b)'';
            (3) in subsection (f)--
                    (A) in the heading, by striking ``on Proposed 
                Remedies'' and inserting ``for Relief'';
                    (B) in the first sentence--
                            (i) by striking ``the President or Trade 
                        Representative may consider as'' and inserting 
                        ``is to be considered''; and
                            (ii) by striking ``the Commission shall 
                        propose'' and inserting ``the Commission shall 
                        recommend''; and
                    (C) in the second sentence, by striking ``proposed 
                action'' and inserting ``recommended action'';
            (4) in subsection (g)(2)(B)--
                    (A) by striking ``or may be considered by the 
                President or the Trade Representative as'' and 
                inserting ``or if the determination is considered to 
                be''; and
                    (B) by striking ``on proposed remedies'' and 
                inserting ``for relief'';
            (5) in subsection (h)--
                    (A) in the heading, by striking ``Proposed Measure 
                and Recommendation to the President'' and inserting 
                ``Recommended Relief and Report by Trade 
                Representative'';
                    (B) in paragraph (1)--
                            (i) by striking ``measure proposed by the 
                        Trade Representative to be taken pursuant to 
                        subsection (a)'' and inserting ``relief 
                        recommended by the Commission under subsection 
                        (f)''; and
                            (ii) by striking ``proposed measure'' and 
                        inserting ``recommended relief'';
                    (C) in paragraph (2), by striking ``on the measure 
                proposed by the Trade Representative'' and all that 
                follows to the end period and inserting ``, shall 
                transmit a report to the President recommending what 
                action to take under subsection (k)''; and
                    (D) by adding at the end the following new 
                paragraph:
    ``(3) The Trade Representative, after submitting a report to the 
President under paragraph (2), shall promptly make the report available 
to the public, excluding any proprietary or confidential information. 
The Trade Representative shall publish a summary of the report in the 
Federal Register.'';
            (6) in subsection (i)--
                    (A) in the flush sentence at the end of paragraph 
                (1), by striking ``agreed upon by either group'' and 
                all that follows to the end period and inserting 
                ``shall be considered an affirmative determination of 
                the Commission''; and
                    (B) by striking paragraphs (2), (3), and (4), and 
                inserting the following:
    ``(2) On the date on which the Commission completes its 
determinations under paragraph (1), the Commission shall transmit a 
report on the determinations to the President and the Trade 
Representative, including the reasons for its determinations. If the 
determinations under paragraph (1) are affirmative or if the 
determinations are considered to be affirmative under paragraph (1), 
the Commission shall include in its report its recommendations on 
provisional relief to be taken to prevent or remedy the market 
disruption. Only those members of the Commission who agreed to the 
affirmative determinations under paragraph (1) are eligible to vote on 
the recommended provisional relief to prevent or remedy market 
disruption. Members of the Commission who did not agree to the 
affirmative determinations may submit, in the report, dissenting or 
separate views regarding the determination and any recommendation of 
provisional relief referred to in this paragraph.
    ``(3) The provisional relief referred to in paragraph (2) may 
include--
            ``(A) the imposition of or increase in any duty;
            ``(B) any modification, or imposition of any quantitative 
        restriction on the importation of any article into the United 
        States; or
            ``(C) any combination of actions under subparagraph (A) or 
        (B).
    ``(4) If the determinations under paragraph (1) are affirmative or 
if the determinations are considered to be affirmative under paragraph 
(1), the Trade Representative shall, within 10 days after receipt of 
the Commission's report, transmit a report to the President 
recommending what action to take with respect to provisional relief 
under subsection (k).
    ``(5)(A) The President shall proclaim any provisional relief 
recommended by the Commission not later than 10 days after the date the 
President receives the report described in paragraph (4) from the Trade 
Representative.
    ``(B) Any provisional relief proclaimed by the President pursuant 
to a determination of critical circumstances shall remain in effect for 
a period not to exceed 200 days.
    ``(C) Provisional relief shall cease to apply upon the effective 
date of relief proclaimed under subsection (a), upon a decision by the 
President not to provide such relief under subsection (k), or upon a 
negative determination by the Commission under subsection (b).'';
            (7) in subsection (j)--
                    (A) in paragraph (1), by striking ``which the Trade 
                Representative considers to be'' and inserting ``that 
                is considered to be''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
    ``(2) If no agreement is reached with the People's Republic of 
China pursuant to consultations under paragraph (1) in the time 
required for Presidential action under subsection (k), or if the 
President determines that an agreement reached pursuant to such 
consultations is not preventing or remedying the market disruption at 
issue in the time required for Presidential action under subsection 
(k), the President shall provide import relief in accordance with 
subsection (a).'';
            (8) in subsection (k)--
                    (A) in the heading, by striking ``Standard for 
                Presidential Action'' and inserting ``Timing for 
                Presidential Action; Exceptions'';
                    (B) in paragraph (1), by striking ``a 
                recommendation from the Trade Representative'' and all 
                that follows to the end period and inserting ``a report 
                from the Trade Representative under subsection (h)(2), 
                the President shall, pursuant to subsection (a), 
                proclaim the relief recommended by the Commission''; 
                and
                    (C) by amending paragraph (2) to read as follows:
    ``(2) The President may decline to proclaim relief pursuant to 
subsection (a), may proclaim relief pursuant to subsection (a) that 
differs from the relief recommended by the Commission, may decline to 
proclaim provisional relief pursuant to subsection (i), or may proclaim 
provisional relief pursuant to subsection (i) that differs from the 
relief recommended by the Commission--
            ``(A) only in extraordinary cases; and
            ``(B) only if the President determines that providing 
        relief or provisional relief pursuant to subsection (a) or (i) 
        or providing relief recommended by the Commission pursuant to 
        subsection (a) or (i) would cause serious harm to the economic 
        interests or to the national security of the of the United 
        States.'';
            (9) in subsection (l), by amending paragraph (1) to read as 
        follows:
    ``(1) The President's decision under subsection (k) shall be 
submitted to the Committee on Finance of the Senate and the Committee 
on Ways and Means of the House of Representatives and shall be 
published in the Federal Register within 15 days of the decision. In 
the submission to the committees and in publication in the Federal 
Register, the President shall include the reasons for the decision and 
the scope and duration of any action taken. If the President takes 
action that differs from the action recommended by the Commission under 
subsection (f) or declines to take action pursuant to subsection 
(k)(2), the President shall state in detail the reasons for such action 
or inaction.'';
            (10) by redesignating subsections (m) through (o) as 
        subsections (n) through (p), respectively;
            (11) by inserting after subsection (l) the following new 
        subsection:
    ``(m) Implementation of Action Recommended by Commission.--(1) If 
the President takes action that differs from the action recommended by 
the Commission under subsection (f) or declines to take action pursuant 
to subsection (k)(2)(B)(i), the action recommended by the Commission 
under subsection (f) shall take effect (as provided in subsection 
(n)(2)) upon the enactment of a joint resolution described in paragraph 
(2) within the 90-day period beginning on the date on which the 
President's decision is transmitted to the Congress pursuant to 
subsection (l).
    ``(2) For purposes of this section, the term `joint resolution' 
means a joint resolution of the 2 Houses of the Congress, the sole 
matter after the resolving clause of which is as follows: `That the 
Congress does not approve the action taken by, or the determination of, 
the President under section 421 of the Trade Act of 1974, notice of 
which was transmitted to the Congress on ______.', with the blank space 
being filled with the appropriate case number and date.
    ``(3) The provisions of section 152(b), (c), (d), (e), and (f) of 
the Trade Act of 1974 (19 U.S.C. 2192(b), (c), (d), (e), and (f)) shall 
apply to joint resolutions under this section.'';
            (12) in subsection (n), as redesignated, by striking 
        ``Import relief under this section'' and all that follows to 
        the end period and inserting the following:
    ``(1) Except as provided in paragraph (2), import relief under this 
section shall take effect not later than 15 days after the President's 
determination to provide such relief.
    ``(2) If the action recommended by the Commission takes effect 
pursuant to subsection (m), the President shall, within 15 days after 
the date of the enactment of the joint resolution referred to in 
subsection (m), proclaim the action recommended by the Commission under 
subsection (f). Such action shall take effect not later than 15 days 
after the date of the President's proclamation.'';
            (13) in subsection (o), as redesignated--
                    (A) in paragraph (1), by striking ``6-month'' and 
                inserting ``1-year''; and
                    (B) in paragraph (3), by inserting ``or (m)'' after 
                ``subsection (k)''; and
            (14) in subsection (p), as redesignated--
                    (A) in paragraph (1), by inserting ``or (m)'' after 
                ``subsection (k);''; and
                    (B) in paragraph (3), by striking ``subsection 
                (m)'' and inserting ``subsection (n)''.

SEC. 208. APPLICATION OF AMENDMENTS TO GOODS FROM CANADA AND MEXICO.

    Pursuant to section 1902 of the North American Free Trade Agreement 
and section 408 of the North American Free Trade Agreement 
Implementation Act (19 U.S.C. 3438), any amendments made by this title 
to title VII of the Tariff Act of 1930 shall apply to goods from Canada 
and Mexico.

SEC. 209. RULE OF CONSTRUCTION.

    The amendments made by this title shall not be construed to affect 
the interpretation of any provision of law amended by such sections as 
such provisions of law were in effect on the day before the date of the 
enactment of this Act.

   TITLE III--ENFORCEMENT OF HEALTH AND SAFETY LAWS AND INTELLECTUAL 
                    PROPERTY RIGHTS AT U.S. BORDERS

                       Subtitle A--Import Safety

SEC. 301. DEFINITIONS.

    In this subtitle:
            (1) Commissioner.--Except as otherwise provided, the term 
        ``Commissioner'' means the Commissioner responsible for U.S. 
        Customs and Border Protection.
            (2) International supply chain.--The term ``international 
        supply chain'' means the end-to-end process for transporting 
        goods to or from the United States beginning with the point of 
        origin (including manufacturer, supplier, or vendor) through 
        the point of distribution to the destination.
            (3) Relevant departments and agencies.--The term ``relevant 
        departments or agencies'' means--
                    (A) the Department of Agriculture;
                    (B) the Department of Commerce;
                    (C) the Department of Health and Human Services;
                    (D) the Department of Homeland Security;
                    (E) the Department of Transportation;
                    (F) the Consumer Product Safety Commission;
                    (G) the Environmental Protection Agency;
                    (H) the Federal Trade Commission; and
                    (I) any other appropriate department or agency, as 
                determined by the Secretary, acting through the 
                Commissioner, with responsibilities regarding the 
                health or safety of goods.
            (4) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of the Treasury.

SEC. 302. OBTAINING DATA ON GOODS DESTINED FOR IMPORTATION INTO THE 
              UNITED STATES.

    (a) Uniform System to Uniquely Identify Imports and Participants in 
the International Supply Chain.--
            (1) Establishment.--The Secretary, acting through the 
        Commissioner, shall, in consultation with the heads of the 
        relevant departments and agencies, establish a government-wide, 
        uniform data system to uniquely identify all goods imported or 
        destined for importation into the United States and, with 
        respect to such goods, all importers of record, foreign 
        manufacturers, foreign processing facilities, foreign 
        exporters, foreign suppliers, and ultimate consignees. The 
        system shall contain unique identifiers for each participant in 
        the international supply chain. The unique identifiers shall be 
        incorporated into the International Trade Data System 
        established under section 411(d) of the Tariff Act of 1930 and 
        into the Automated Commercial Environment, so as to permit 
        departments and agencies to share and exchange authorized data 
        on such goods, importers, manufacturers, facilities, exporters, 
        and suppliers.
            (2) Timing and reports.--The Secretary, acting through the 
        Commissioner, shall--
                    (A) establish the uniform system under paragraph 
                (1) not later than one year after the date of the 
                enactment of this Act; and
                    (B) report to the Congress, not later than the end 
                of the 120-day period beginning on such date of 
                enactment, and each 120-day period thereafter until the 
                uniform system has been established, on the progress in 
                establishing the uniform system.
    (b) Cargo Information.--Section 343(a) of the Trade Act of 2002 (19 
U.S.C. 2071 note) is amended--
            (1) in paragraph (2), by striking the period and inserting 
        the following: ``and, in the case of cargo destined for 
        importation into the United States, to ensure that the cargo 
        complies with those requirements imposed by the laws and 
        regulations of the United States with respect to health and 
        safety that are administered by the Department of Agriculture, 
        the Department of Health and Human Services, the Department of 
        Transportation, the Environmental Protection Agency, the 
        Consumer Product Safety Commission, the Federal Trade 
        Commission, and other relevant departments and agencies of the 
        United States.''; and
            (2) in paragraph (3)(F), by striking ``cargo safety and 
        security and'' and inserting the following: ``cargo safety and 
        security, for ensuring that imported goods comply with 
        requirements under the laws and regulations of the United 
        States relating to health and safety, as described in paragraph 
        (2), and for targeting by U.S. Customs and Border Protection of 
        cargo for failure to comply with such requirements, and for''.
    (c) Development of Health and Safety Rule Sets for Automated 
Targeting System.--The Secretary, acting through the Commissioner, 
shall consult with the heads of the relevant departments and agencies 
to develop rule sets for identifying, including through the Automated 
Targeting System, cargo that violates laws or regulations of the United 
States with respect to health or safety that are administered by the 
relevant departments and agencies.
    (d) Reports on International Trade Data System.--Section 
411(d)(4)(B) of the Tariff Act of 1930 (19 U.S.C. 1411(d)(4)(B)) is 
amended by inserting before the semicolon the following: ``, in 
particular the progress of the United States Customs and Border 
Protection, the Department of Health and Human Services, the Department 
of Transportation, the Environmental Protection Agency, the Consumer 
Product Safety Commission, the Federal Trade Commission, and other 
appropriate departments and agencies in implementing ITDS''.

SEC. 303. INTERAGENCY COORDINATION.

    (a) Access to ACE.--The Commissioner shall ensure that appropriate 
officials of the relevant departments and agencies have access to the 
Automated Commercial Environment for purposes of identifying cargo 
destined for importation into the United States as ``high risk'' with 
respect to public health or safety under the laws administered by those 
departments and agencies.
    (b) Communication and Response Protocols.--The Secretary, acting 
through the Commissioner, shall take the necessary steps to implement 
protocols with the heads of the relevant departments and agencies that 
ensure rapid communication with and response by those departments and 
agencies upon the discovery of goods destined for importation into the 
United States that may pose a risk to public health or safety.
    (c) Interdepartmental Procedures; Leveraging of Resources at Ports 
of Entry.--The Secretary, acting through the Commissioner, shall, in 
consultation with the heads of the relevant departments and agencies--
            (1) develop uniform interagency procedures, where 
        appropriate, for clearing and controlling imported goods at 
        ports of entry, including procedures to streamline the entry 
        process and facilitate the exchange of information and 
        intelligence, processing of samples, providing training (where 
        necessary) to keep the relevant departments and agencies 
        updated on import requirements at the border, and other forms 
        of interagency cooperation; and
            (2) take the necessary steps so that, in order to ensure 
        that imported cargo does not pose risks to the public health or 
        safety under laws administered by the relevant departments and 
        agencies, personnel of the relevant department or agency or 
        U.S. Customs and Border Protection officers are available to 
        inspect and sample the cargo at the port of entry in the United 
        States.
The Secretary shall enter into such arrangements as are appropriate to 
ensure that U.S. Customs and Border Protection officers are authorized 
to inspect and sample cargo under paragraph (2).

SEC. 304. DEVELOPMENT OF IMPORT SAFETY PROGRAM.

    (a) Establishment.--The Secretary, acting through the Commissioner, 
shall, in consultation with the Advisory Committee on Import Safety and 
Intellectual Property Rights Enforcement established pursuant to 
section 362 of this Act, establish a voluntary government-private 
sector program (to be known as the ``Import Safety Program'') to ensure 
that all goods in the international supply chain do not pose risks to 
public health or safety, and to facilitate the movement of such goods 
through the international supply chain. Under the program--
            (1) eligible entities described in subsection (d) 
        voluntarily agree to abide by the minimum requirements under 
        subsection (b); and
            (2) the Secretary agrees to expedite the movement of the 
        goods of such persons through the inspection process and to 
        provide other benefits to participants meeting or exceeding the 
        requirements of the Import Safety Program.
    (b) Minimum Requirements.--
            (1) In general.--The Secretary, acting through the 
        Commissioner, shall establish the minimum requirements for 
        eligible entities described in subsection (d) seeking to 
        participate in the Import Safety Program and review such 
        requirements at least once every year and update such 
        requirements as necessary. In establishing such requirements, 
        the Secretary shall--
                    (A) require that each such eligible entity applying 
                be a participant in the C-TPAT program under subtitle B 
                of title II of the SAFE Port Act (in this section 
                referred to as ``C-TPAT''; 6 U.S.C. 961 et seq.); and
                    (B) incorporate standards for the following:
                            (i) Controls for ensuring the eligible 
                        entity's compliance with health and safety 
                        standards under the laws and regulations of the 
                        United States for goods moved by the eligible 
                        entity through the international supply chain.
                            (ii) Tracking and maintaining records on 
                        goods moved by the eligible entity through the 
                        international supply chain.
                            (iii) Documentation of controls referred to 
                        in clause (i), including maintenance of testing 
                        results.
                            (iv) Access by the Secretary to the 
                        eligible entity's business records for review.
                            (v) Access by the Secretary to vendor and 
                        supplier information.
                            (vi) Such other factors as the Secretary 
                        determines are necessary.
            (2) Specific requirements.--An applicant seeking to 
        participate in the Import Safety Program must--
                    (A) demonstrate a history of moving cargo in the 
                international supply chain in compliance with health 
                and safety standards under the laws and regulations of 
                the United States;
                    (B) have procedures in place to ensure that the 
                cargo is not subject to an Import Alert of the Food and 
                Drug Administration or to any voluntary or mandatory 
                recall imposed because of a potential risk to public 
                health or safety;
                    (C) have in place internal controls and product-
                testing regimes to ensure compliance with health and 
                safety standards under the laws and regulations of the 
                United States, including compliance by the applicant's 
                suppliers with such health and safety standards; and
                    (D) conduct an assessment of its supply chain based 
                upon health and safety criteria established by the 
                Secretary, acting through the Commissioner.
    (c) Coordination.--The Secretary shall coordinate with the heads of 
the relevant departments and agencies for purposes of verifying the 
compliance of imported goods with health and safety standards under 
subsection (b)(1)(B)(i).
    (d) Eligible Entities.--Importers, producers, sellers, ultimate 
consignees, and other entities in the international supply chain and 
intermodal transportation system are eligible to apply to voluntarily 
enter into the Import Safety Program.
    (e) Validation.--The Secretary, acting through the Commissioner, 
shall validate the compliance of each participant in the Import Safety 
Program with the requirements under this section. Such validation 
shall, to the extent practicable, be completed no later than 1 year 
after the applicant is accepted into the Import Safety Program, in 
accordance with a schedule and guidelines that the Secretary, acting 
through the Commissioner, shall establish.
    (f) Revalidation.--The Secretary, acting through the Commissioner, 
shall develop and implement--
            (1) a revalidation process for all participants in the 
        Import Safety Program that shall be conducted not less 
        frequently than once during each 5-year period after the 
        initial validation under subsection (e); and
            (2) an annual plan for revalidation that includes--
                    (A) performance measures;
                    (B) an assessment of the personnel needed to 
                perform the revalidations; and
                    (C) the number of participants that will be 
                revalidated during the following year.

SEC. 305. INFORMATION EXCHANGE PROCESS.

    The Secretary, acting through the Commissioner, shall work with 
importers and other interested persons and other entities in the 
private and public sectors to develop a process through which--
            (1) persons and other entities in the private and public 
        sectors can report critical information relating to the safety 
        of imported goods in a timely manner at one virtual location 
        through existing information-sharing systems; and
            (2) the Secretary can share such information with private 
        and public entities, consistent with the protection of business 
        confidential information.

SEC. 306. TRAINING.

    The Secretary, acting through the Commissioner, shall ensure that 
U.S. Customs and Border Protection personnel receive appropriate 
training in order to carry out this subtitle and the amendments made by 
this subtitle.

SEC. 307. SANCTIONS ON CERTAIN SUPPLIERS.

    (a) List of Suppliers With Inadmissable Imported Products.--Upon 
the development of unique identifiers under section 302(a), the 
Secretary, acting through the Commissioner, shall establish and 
maintain a list of importers of record, foreign manufacturers, foreign 
processing facilities, foreign exporters, and foreign suppliers whose 
imported products have been determined to be inadmissible into the 
United States or have been the subject of recalls in the United States 
because of violations of health or safety standards.
    (b) Sanctions.--
            (1) In general.--The Secretary, acting through the 
        Commissioner, shall establish sanctions to be imposed on 
        entities on the list described in subsection (a), taking into 
        account the number of occurrences on which the products of the 
        entity concerned have been determined to be inadmissible or 
        have been the subject of recalls in the United States and the 
        severity of the violation of law that was the basis for such 
        determination or recall. Such sanctions shall include the 
        following:
                    (A) In the case of a first occurrence, an increase 
                in the bond required to be posted for imports of the 
                products of the entity concerned.
                    (B) Increased inspection of up to 100 percent of 
                the products of the entity concerned, in the case of a 
                second occurrence of a violation within 6 months after 
                the first occurrence of the same violation; and
                    (C) A prohibition on imports of the products of an 
                entity whose products have repeatedly been the subject 
                of such a determination or recall, or in a case in 
                which the products concerned caused bodily injury or 
                death, for a period of time determined by the 
                Secretary, acting through the Commissioner, but 
                generally not less than 6 months or until the relevant 
                department or agency with the authority to determine 
                the admissibility of the products verifies that the 
                banned products are in compliance with the relevant 
                health or safety standards. Products subject to the 
                prohibition shall be the same type of products as those 
                determined to be inadmissible or subject to the recall, 
                and any other type of product that is subject to the 
                same standard as the one violated by the entity.
            (2) Determination of ``repeatedly''.--In determining under 
        paragraph (1)(C) whether the products of an entity have 
        ``repeatedly'' been the subject of a determination of 
        inadmissibility or recall, the Secretary, acting through the 
        Commissioner, shall take into account not only the number of 
        such determinations but the seriousness of the violation of 
        health or safety standards that gave rise to any such 
        determination.
    (c) Availability to Public.--
            (1) In general.--The Secretary, acting through the 
        Commissioner, shall make public, including through the official 
        website of U.S. Customs and Border Protection and, as 
        appropriate, any other Federal department or agency website 
        relating to health or safety matters, the names of all 
        importers of record, foreign manufacturers, foreign processing 
        facilities, foreign exporters, and foreign suppliers who have 
        been made subject to a prohibition on imports under subsection 
        (b)(1)(C) that has become final under subsection (f), and the 
        products that are subject to the prohibition. If an entity 
        subject to such a prohibition files, in the appropriate Federal 
        court, an appeal of the determination of the Secretary imposing 
        the prohibition, such appeal shall also be made public in 
        accordance with the preceding sentence.
            (2) Updating.--The information made public under paragraph 
        (1) shall be updated as frequently as necessary to keep the 
        information current.
    (d) Alert System in ACE.--The Commissioner shall establish in the 
Automated Commercial Environment an alert system notifying the relevant 
departments and agencies of the identity of all importers of record, 
foreign manufacturers, foreign processing facilities, foreign 
exporters, and foreign suppliers described in subsections (a) and (b).
    (e) Mitigating Actions.--The Secretary, acting through the 
Commissioner, in consultation with the heads of the relevant 
departments and agencies, shall establish actions that an entity that 
is on the list established under subsection (a) or is subject to a 
sanction under subsection (b) may take to warrant removal from the list 
or removal of the sanction, as the case may be.
    (f) Administrative Appeal.--Any importer of record, foreign 
manufacturer, foreign processing facility, foreign exporter, or foreign 
supplier may appeal a decision of the Secretary under subsection (a) or 
(b) by filing the appeal not later than 30 days after the date of the 
decision. The Secretary shall issue a determination on the appeal not 
later than 90 days after the appeal is filed. The Secretary shall issue 
regulations establishing procedures for the appeals process under this 
subsection not later than 18 months after the date of the enactment of 
this Act.

SEC. 308. REPORT TO CONGRESS.

    The Secretary, acting through the Commissioner, shall submit to the 
Congress, not later than September 30 of each year, a report on the 
actions taken to carry out this subtitle.

 Subtitle B--Strengthening Enforcement of Intellectual Property Rights 
                            at U.S. Borders

 CHAPTER 1--COORDINATION OF ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

SEC. 311. DEFINITIONS.

    In this subtitle:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Advisory Committee on Import Safety and Intellectual 
        Property Rights Enforcement established pursuant to section 362 
        of this Act.
            (2) Assistant secretary for ice.--The term ``Assistant 
        Secretary for ICE'' means the Assistant Secretary for U.S. 
        Immigration and Customs Enforcement.
            (3) Commissioner.--The term ``Commissioner'' means the 
        Commissioner responsible for U.S. Customs and Border 
        Protection.
            (4) Counterfeiting; counterfeit goods.--
                    (A) Counterfeiting.--The term ``counterfeiting'' 
                means activities related to production of or 
                trafficking in goods, including packaging, that bear a 
                spurious mark or designation that is identical to or 
                substantially indistinguishable from a mark or 
                designation protected under the trademark laws or 
                related legislation.  
                    (B) Counterfeit goods.--The term ``counterfeit 
                goods'' means those goods described in subparagraph 
                (A).
            (5) CBP.--The term ``CBP'' means U.S. Customs and Border 
        Protection.
            (6) Director.--The term ``Director'' means the Director of 
        Intellectual Property Rights Enforcement of the Department of 
        the Treasury established in section 312.
            (7) Enforcement of intellectual property rights.--The term 
        ``enforcement of intellectual property rights'' means 
        activities to enforce copyrights, patents, trademarks, and 
        other forms of intellectual property, including activities to 
        control counterfeiting and piracy, and activities to enforce 
        exclusion orders issued by the United States International 
        Trade Commission by reason of any of subparagraphs (B) through 
        (E) of subsection (a)(1) of section 337 of the Tariff Act of 
        1930 (19 U.S.C. 1337(a)(1)(B) through (E)).
            (8) Exclusion order.--The term ``exclusion order'' means an 
        order of the United States International Trade Commission 
        issued under section 337 (d) or (e)of the Tariff Act of 1930 to 
        exclude goods from entry into the United States.
            (9) ICE.--The term ``ICE'' means U.S. Immigration and 
        Customs Enforcement.
            (10) Piracy; pirated goods.--
                    (A) Piracy.--The term ``piracy'' means activities 
                related to production of or trafficking in unauthorized 
                copies or phonorecords of works protected under 
                copyright law or related legislation.
                    (B) Pirated goods.--The term ``pirated goods'' 
                means those copies or phonorecords described in 
                subparagraph (A).
            (11) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of the Treasury.

SEC. 312. DIRECTOR OF INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT.

    (a) Establishment.--There is established within the Department of 
the Treasury the position of Director of Intellectual Property Rights 
Enforcement.
    (b) Appointment.--The Director shall be appointed by the Secretary, 
and shall be responsible to and shall report directly to the Deputy 
Secretary of the Treasury.
    (c) Duties.--The Director shall--
            (1) coordinate all activities of the Department of the 
        Treasury involving the enforcement of intellectual property 
        rights, with particular reference to the activities of CBP and 
        ICE;
            (2) oversee the development and implementation of the 
        strategic plan for the enforcement of intellectual property 
        rights required under section 313;
            (3) coordinate the policy and regulatory changes set forth 
        in chapter 4;
            (4) serve as staff representative of the Department of the 
        Treasury in interagency bodies with responsibility for 
        coordination of activities involving the enforcement of 
        intellectual property rights;
            (5) conduct an evaluation of the effectiveness of the 
        organizational structure of CBP for reducing the entry into the 
        United States of counterfeit or pirated goods, goods in 
        violation of exclusion orders, and other goods in violation of 
        other intellectual property rights; and
            (6) carry out other duties, as assigned by the Secretary or 
        Deputy Secretary of the Treasury, to improve the effectiveness 
        of the efforts of the Department of the Treasury under the laws 
        within its jurisdiction with respect to enforcement of 
        intellectual property rights.

SEC. 313. STRATEGIC PLAN FOR THE ENFORCEMENT OF INTELLECTUAL PROPERTY 
              RIGHTS.

    (a) In General.--The Director shall develop, for approval by the 
Deputy Secretary of the Treasury, an annual strategic plan for the 
enforcement of intellectual property rights.
    (b) Consultation.--In developing the annual strategic plan required 
under subsection (a), the Director shall consult with--
            (1) the CBP coordinator of intellectual property 
        enforcement activities and the ICE coordinator of intellectual 
        property enforcement authorities appointed under section 314;
            (2) all other entities within the Department of the 
        Treasury with expertise and experience in the enforcement of 
        intellectual property rights;
            (3) the Advisory Committee;
            (4) other agencies of the executive branch engaged in the 
        enforcement of intellectual property rights, including any 
        officials designated to coordinate such enforcement efforts on 
        an interagency basis; and
            (5) officials from foreign law enforcement agencies and 
        international organizations, including the World Customs 
        Organization, with experience and expertise in border control 
        measures relating to the enforcement of intellectual property 
        rights.
    (c) Contents of Plan.--The annual strategic plan shall set forth 
objectives, goals, and strategies for more effective use of the 
authorities of CBP and ICE relating to the enforcement of intellectual 
property rights, and shall--
            (1) provide for specific measurement of the current 
        effectiveness of enforcement tools, including targeting, 
        examination, post-entry auditing, and penalty actions;
            (2) give priority to those enforcement tools determined 
        under paragraph (1) to be most effective;
            (3) identify best practices, both in the United States and 
        abroad, in the enforcement of intellectual property rights, 
        taking into account the practices of enforcement authorities of 
        other countries, and implement those practices;
            (4) identify and apply the specific performance measures to 
        be used to evaluate the progress of CBP and ICE in improving 
        the effectiveness of its efforts relating to the enforcement of 
        intellectual property rights;
            (5) address border control programs administered by CBP and 
        ICE at ports of entry for passengers and freight, and at points 
        of entry for postal and courier services, as well as for goods 
        in transit through United States ports and in the process of 
        being exported from the United States;
            (6) recommend the optimal feasible allocation of human, 
        financial, physical, and technological resources that CBP and 
        ICE should use to achieve the goals of the annual strategic 
        plan;
            (7) report on the key activities of CBP and ICE during the 
        preceding year in the enforcement of intellectual property 
        rights; and
            (8) contain such other information as the Director 
        considers appropriate to convey what CBP and ICE will do, over 
        the ensuing year, with respect to the enforcement of 
        intellectual property rights and reduce the costs that 
        violations of intellectual property rights impose on the United 
        States economy and public safety.
    (d) Submission to Congress.--Upon the approval of the annual 
strategic plan by the Deputy Secretary of the Treasury, the Deputy 
Secretary of the Treasury, after ensuring its consistency with relevant 
interagency strategic plans for the enforcement of intellectual 
property rights, shall transmit the annual strategic plan to the 
Committee on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives, along with any recommendations of the 
Department of the Treasury for statutory changes or funding 
authorizations needed to improve the effectiveness of the Department's 
efforts in the enforcement of intellectual property rights.
    (e) Timing.--The Deputy Secretary of the Treasury shall submit the 
annual strategic plan under subsection (d) not later than 180 days 
after the date of the enactment of this Act and annually thereafter.

SEC. 314. CBP AND ICE COORDINATORS.

    (a) CBP Coordinators.--
            (1) Appointment.--The Commissioner shall appoint a CBP 
        coordinator of intellectual property rights enforcement 
        activities (in this chapter referred to as the ``CBP 
        Coordinator''), who shall report directly to the Commissioner.
            (2) Duties.--The CBP Coordinator shall--
                    (A) assist the Director of Intellectual Property 
                Rights Enforcement of the Department of the Treasury in 
                the development of the annual strategic plan, and 
                coordinate the implementation of those aspects of the 
                plan that involve CBP;
                    (B) coordinate all efforts, at all ports of entry 
                and elsewhere, carried out by CBP in the enforcement of 
                intellectual property rights, including training and 
                staffing;
                    (C) supervise the implementation of those aspects 
                of the regulatory and policy reforms set out in this 
                title that involve CBP; and
                    (D) carry out such other duties, as assigned by the 
                Commissioner, the purpose of which is to improve the 
                performance of CBP in the enforcement of intellectual 
                property rights.
    (b) ICE Coordinator.--
            (1) Appointment.--The Assistant Secretary for United States 
        Immigration and Customs Enforcement shall appoint an ICE 
        coordinator of intellectual property enforcement activities 
        (referred to in this chapter as the ``ICE Coordinator''), who 
        shall report directly to the Assistant Secretary for ICE.
            (2) Duties.--The ICE Coordinator shall--
                    (A) assist the Director of Intellectual Property 
                Rights Enforcement of the Department of the Treasury in 
                the development of the annual strategic plan, and 
                coordinate the implementation of those aspects of the 
                plan that involve ICE;
                    (B) coordinate all efforts carried out by ICE the 
                enforcement of intellectual property rights, including 
                training and staffing;
                    (C) supervise the implementation of those aspects 
                of the regulatory and policy reforms set out in this 
                title that involve ICE; and
                    (D) carry out such other duties, as assigned by the 
                Assistant Secretary for ICE, the purpose which is to 
                improve the performance of ICE in the enforcement of 
                intellectual property rights.

 CHAPTER 2--REGULATORY AND POLICY IMPROVEMENTS AGAINST COUNTERFEITING 
                               AND PIRACY

SEC. 321. IN GENERAL.

    (a) Commissioner's Responsibilities.--The Commissioner, acting 
through the CBP Coordinator, shall undertake the initiatives provided 
in this chapter.
    (b) CBP Coordinator's Responsibilities.--Except as otherwise 
provided in this chapter, the CBP Coordinator shall--
            (1) prepare an annual report on activities carried out 
        under this chapter; and
            (2) provide the annual report to the Director of 
        Intellectual Property Rights Enforcement of the Department of 
        the Treasury in a timely manner that will permit its inclusion 
        in the annual strategic plan prepared under section 313.

SEC. 322. IDENTIFICATION OF CERTAIN UNLAWFUL GOODS.

    (a) In General.--The Secretary, acting through the Commissioner, 
shall accelerate efforts to apply risk assessment modeling techniques 
to border enforcement activities to combat counterfeiting and piracy. 
These efforts shall include, but not be limited to--
            (1) preparing a report and evaluation on CBP's pilot 
        project in risk assessment modeling with respect to shipments 
        of counterfeit or pirated products;
            (2) expanding the pilot project to include development of a 
        rule set for the Automated Targeting System; and
            (3) developing a plan for the development, testing, 
        evaluation, and continuous improvement of risk assessment 
        modeling techniques for purposes of targeting goods that 
        violate intellectual property rights.
    (b) Inclusion in Strategic Plan.--The report specified in 
subsection (a)(1), and the plan specified in subsection (a)(3), shall 
be included in the annual strategic plan that is prepared under section 
313.

SEC. 323. TRAINING IN NEW TECHNOLOGIES.

    (a) Training of Personnel.--The Commissioner shall consult with the 
Advisory Committee to determine the feasibility of training CBP 
personnel in the use of new technological means for detecting and 
identifying, at ports of entry, counterfeit and pirated goods, and 
goods that are the subject of exclusion orders, whether for entry into 
the United States or in transit to other destinations.
    (b) Identification of Technologies and Sources of Training.--In 
consultation with the Advisory Committee, the Commissioner shall 
identify--
            (1) new technologies with the cost-effective capability to 
        detect and identify goods described in subsection (a) at ports 
        of entry, and
            (2) economical sources of training CBP personnel in using 
        such new technologies,
to the extent such training is determined to be feasible under 
subsection (a).
    (c) Regulatory and Policy Changes.--The Comptroller General of the 
United States shall provide to the Congress a report analyzing the 
costs and benefits of allowing necessary regulatory and policy changes 
to enable the receipt of donations of hardware, software, equipment, 
and similar technologies, and the acceptance of training and other 
support services, from the private sector, to facilitate the 
achievement of the purposes of this section.

SEC. 324. DISCLOSURE OF INFORMATION AND SAMPLES OF SHIPMENTS TO 
              INTELLECTUAL PROPERTY OWNERS.

    The Commissioner shall make the necessary regulatory and policy 
changes to--
            (1) increase disclosure to owners of copyrights, 
        trademarks, patents, and other forms of intellectual property 
        of information about shipments of goods that have been detained 
        at ports of entry on suspicion that their importation into, or 
        transit through, the United States would violate the 
        intellectual property rights of the owners of those rights, 
        including--
                    (A) disclosing the identities and contact 
                information of all parties involved in the shipments, 
                including importers, exporters, declarants, consignees, 
                freight forwarders, and warehouse owners;
                    (B) providing documents relating to the shipments; 
                and
                    (C) identifying points of origin and destination of 
                the shipments; and
            (2) improve the process of making available to 
        representatives of owners of copyrights, trademarks, patents, 
        and other forms of intellectual property, in an efficient and 
        cost-effective manner, samples of shipments of goods suspected 
        of infringing intellectual property rights, for the purpose of 
        inspection or analysis.

SEC. 325. IMPROVEMENTS TO RECORDATION PROCESS.

    (a) Improvements in Recordation Process.--The Commissioner shall 
make the necessary regulatory and policy changes to ensure that the 
system for recordation of copyrights, trademarks, and other forms of 
intellectual property that may be subject to recordation does not 
impede the rapid seizure of goods that infringe the rights of the 
owners of such copyrights, trademarks, and other forms of intellectual 
property.
    (b) Simultaneous Recordation.--
            (1) In general.--In consultation with the Under Secretary 
        of Commerce for Intellectual Property and Director of the 
        United States Patent and Trademark Office, and the Register of 
        Copyrights, the Commissioner shall provide a system whereby 
        trademarks may be recorded with CBP simultaneously with the 
        issuance of trademark registration, and whereby copyrights of 
        audiovisual works and sound recordings may be recorded with CBP 
        simultaneously with the filing of an application for a 
        certificate of copyright registration or an application for 
        registration of another intellectual property right under title 
        17, United States Code.
            (2) Definitions.--In this subsection, the terms 
        ``audiovisual works'' and ``sound recordings'' have the 
        meanings given those terms in section 101 of title 17, United 
        States Code.

SEC. 326. IDENTIFICATION OF LOW-RISK SHIPPERS.

    (a) Voluntary Certification Program.--The Commissioner shall create 
a voluntary certification program, comparable to the Import Safety 
Program established under section 304, for low-risk shippers that have 
taken specific measures to strengthen and protect their supply chains 
to prevent the infiltration into the international supply chain of 
counterfeit and pirated goods, goods that are the subject to exclusion 
orders, and goods that violate other forms of intellectual property 
rights.
    (b) Self-Certifications; Verifications.--The program under 
subsection (a) shall generally operate on a self-certification basis, 
except that the Commissioner shall identify any circumstances in which 
third party verifications and attestations are required for inclusion 
in the program, which may include importations from the People's 
Republic of China.
    (c) Expedited Movement.--The Commissioner shall create incentives 
for shippers to participate in the certification program, including 
providing expedited movement of the goods of the shippers through the 
customs inspection process.
    (d) Definition.--In this section, the term ``international supply 
chain'' has the meaning given that term in section 301.

SEC. 327. ``WATCH LIST'' DATABASE.

    (a) In General.--The Commissioner shall prepare a plan for the 
implementation of a ``Watch List'' database of importers, shippers, 
freight forwarders, and other participants in the import, export, and 
transshipment process, whose activities merit additional scrutiny at 
ports of entry with respect to the risk of importation or transshipment 
of counterfeit or pirated goods and goods that are the subject to 
exclusion orders.
    (b) Working Groups.--The Commissioner shall consult with the 
Advisory Committee on the development of criteria for the ``Watch 
List'' database.
    (c) Information Sources.--The plan under subsection (a) shall 
identify legitimate information sources for the database from within 
CBP, from other law enforcement sources, and from the private sector.
    (d) Criteria for Access to Database.--The plan under subsection (a) 
shall specify criteria under which the database should be made 
available to qualified CBP and other law enforcement officers, for 
intelligence purposes, and for use in flagging and diverting for 
enhanced scrutiny shipments to ports of entry that are associated with 
entities listed in the database.
    (e) Other Matters.--The plan under subsection (a) shall identify 
any regulatory or policy changes that the Department of the Treasury 
would make in order to bring the database into operation, as well as 
any recommendations for needed changes to legislation to make the 
database more effective. The plan shall also include budget estimates 
for implementation and operation of the database, and for evaluation of 
its effectiveness, and a timetable for such implementation.
    (f) Timing.--The Commissioner shall complete the plan in a timely 
fashion that will permit its inclusion in the first annual strategic 
plan prepared under section 313.

SEC. 328. CIVIL FINES FOR IMPORTATION OF PIRATED OR COUNTERFEIT GOODS.

    (a) Limitation on Mitigation, Dismissal, and Vacation of Fines.--
Unless otherwise ordered by a court of competent jurisdiction, any 
civil fine imposed pursuant to section 526(f) of the Tariff Act of 1930 
(19 U.S.C. 1526(f))--
            (1) may not be mitigated, except pursuant to regulations 
        issued by the Commissioner; and
            (2) may not be dismissed or vacated, except pursuant to 
        regulations issued by the Commissioner that require the 
        specific approval of the Commissioner or the Commissioner's 
        designee for such dismissal or vacation.
    (b) Extraordinary Cases.--In issuing regulations under subsection 
(a), the Commissioner shall ensure that the mitigation, dismissal, or 
vacation of civil fines for involvement in the importation, 
exportation, or transshipment of pirated or counterfeit goods is 
limited to extraordinary cases in which the interests of justice will 
clearly be served by such action.
    (c) Report to Congress.--The Commissioner shall, not later than 180 
days after the date of the enactment of this Act, report to the 
Committee on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives on the following:
            (1) Whether CBP currently has the authority to employ 
        effective collection techniques for collecting civil fines it 
        imposes on participants in the importation, exportation, or 
        transshipment of pirated or counterfeit goods.
            (2) If CBP lacks such authority, the Commissioner's 
        recommendations for legislation to provide CBP with such 
        authority.
            (3) If CBP has such authority, how CBP is using such 
        authority, and with what results in terms of increased 
        collections of fines imposed.
            (4) The Commissioner's recommendations on whether, in 
        specific cases, copyright or trademark owners should be 
        authorized to pursue and collect fines imposed because of 
        activities that infringe their intellectual property rights, 
        and whether such copyright or trademark owners should be 
        allowed to retain some or all of the funds that they collect.
            (5) Any other recommendations for statutory, regulatory, or 
        policy changes not under the control of CBP that would improve 
        the ability of CBP to impose civil fines, at deterrent levels, 
        on participants in trafficking in counterfeit or pirated goods, 
        and to collect the fines imposed.
    (d) Definition.--As used in subsection (c), the term ``effective 
collection techniques'' includes--
            (1) confiscation of the proceeds of acts for which civil 
        fines can be imposed;
            (2) seizure of and execution upon property acquired with 
        such proceeds;
            (3) imposition of liens on the real or personal property of 
        persons upon whom civil fines are imposed;
            (4) use of bonds to secure full payment of fines;
            (5) piercing the corporate veil of corporations upon which 
        civil fines are imposed, in order to satisfy the fine from the 
        assets of natural persons or of other legal persons; and
            (6) engaging private sector entities to collect civil fines 
        imposed.

                    CHAPTER 3--TRAINING ENHANCEMENTS

SEC. 331. INTERNATIONAL TRAINING AND TECHNICAL ASSISTANCE ENHANCEMENTS.

    The Secretary shall take the necessary steps--
            (1) to increase staffing and resources of offices of CBP 
        and ICE engaged in providing training and technical assistance 
        to the customs services and enforcement agencies of other 
        countries in order to improve the effectiveness of such foreign 
        services and agencies in detecting, intercepting, and imposing 
        deterrent penalties upon the export, import, or transshipment 
        of counterfeit or pirated goods, goods that are the subject to 
        exclusion orders, and goods that violate other forms of 
        intellectual property rights;
            (2) to ensure that the Director, in order to make the most 
        efficient and effective use of training and technical 
        assistance resources--
                    (A) coordinates the international training and 
                technical assistance activities of CBP and ICE as part 
                of the Director's coordination responsibilities under 
                subsections (c)(1) and (c)(3) of section 312;
                    (B) gives priority to such activities in those 
                countries where such programs can be carried out most 
                effectively and with the greatest benefit to protecting 
                the intellectual property rights of United States right 
                holders;
                    (C) takes steps to minimize duplication, overlap, 
                or inconsistency of international training and 
                technical assistance efforts; and
                    (D) coordinates such activities of the Department 
                of the Treasury with international training and 
                technical assistance activities against counterfeiting 
                and piracy carried out by other agencies, and enhances 
                the participation of Department of the Treasury 
                personnel in interagency training and technical 
                assistance activities in this field.

           CHAPTER 4--NEW LEGAL TOOLS FOR BORDER ENFORCEMENT

SEC. 341. EXPANDED PROHIBITIONS ON IMPORTATION OR EXPORTATION OF 
              COUNTERFEIT OR PIRATED GOODS.

    Section 526 of the Tariff Act of 1930 (19 U.S.C. 1526) is amended--
            (1) in the section heading, by inserting ``or protected by 
        copyright'' after ``trademark'';
            (2) in subsection (e), by inserting ``or exported from the 
        United States'' after ``imported into the United States'';
            (3) in subsection (f), by striking paragraph (1) and 
        inserting the following:
            ``(1) Any person who engages in, directs, assists 
        financially or otherwise, or aids and abets the importation or 
        exportation of merchandise that is seized under subsection (e) 
        of this section, or under regulations issued pursuant to 
        section 603(c) of title 17, United States Code, shall be 
        subject to a civil fine.''; and
            (4) in subsection (f)--
                    (A) by redesignating paragraph (4) as paragraph 
                (5); and
                    (B) by inserting after paragraph (3) the following:
    ``(4) When the seizure giving rise to the civil fine is made under 
circumstances indicating that the importation or exportation was for 
the purpose of sale or public distribution of the good seized, the 
maximum fine amounts set forth in paragraphs (2) and (3) shall be 
tripled.''.

SEC. 342. DECLARATIONS REGARDING COUNTERFEIT AND INFRINGING 
              MERCHANDISE.

    (a) Declarations.--Section 485(a) of the Tariff Act of 1930 (19 
U.S.C. 1485(a)), is amended--
            (1) in paragraph (1), by striking ``Whether'' and inserting 
        ``whether'';
            (2) in paragraph (2), by striking ``That'' and inserting 
        ``that'';
            (3) in paragraph (3)--
                    (A) by striking ``That'' and inserting ``that''; 
                and
                    (B) by striking ``and'' after the semicolon;
            (4) in paragraph (4)--
                    (A) by striking ``That'' and inserting ``that''; 
                and
                    (B) by striking the period and inserting a 
                semicolon; and
            (5) by adding at the end the following:
            ``(5) that the merchandise being imported does not bear a 
        mark that is counterfeit as that term is defined in section 45 
        of the Act of July 5, 1946 (commonly referred to as the 
        `Trademark Act of 1946'; 15 U.S.C. 1127);
            ``(6) that the merchandise is not an infringing copy or 
        phonorecord or one whose making would have constituted an 
        infringement of copyright if title 17, United States Code, had 
        applied; and
            ``(7) that the merchandise--
                    ``(A) does not violate an exclusion order of the 
                United States International Trade Commission under 
                section 337 (d) or (e) by reason of any of 
                subparagraphs (B) through (E) of subsection (a)(1) of 
                section 337; or
                    ``(B) infringe any other intellectual property 
                right not covered by subparagraph (A) or by paragraph 
                (5) or (6).''.
    (b) Regulations.--The Secretary shall issue regulations requiring 
that the declarations required by paragraphs (5), (6), and (7) of 
section 485(a) of the Tariff Act of 1930 be made by all persons 
arriving in the United States with respect to articles carried on their 
person or contained in their baggage.

                    CHAPTER 5--REGULATORY AUTHORITY

SEC. 351. REGULATORY AUTHORITY.

    The Secretary may issue such regulations as are necessary to carry 
out this subtitle.

                 Subtitle C--Administrative Provisions

SEC. 361. DEFINITIONS.

    In this subtitle:
            (1) Assistant secretary for ice.--The term ``Assistant 
        Secretary for ICE'' means the Assistant Secretary for U.S. 
        Immigration and Customs Enforcement.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner responsible for U.S. Customs and Border 
        Protection.
            (3) CBP.--The term ``CBP'' means U.S. Customs and Border 
        Protection.
            (4) ICE.--The term ``ICE'' means U.S. Immigration and 
        Customs Enforcement.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.

SEC. 362. ADVISORY COMMITTEE ON IMPORT SAFETY AND INTELLECTUAL PROPERTY 
              ENFORCEMENT.

    (a) Establishment.--
            (1) In general.--The Secretary, acting through the 
        Commissioner and the Assistant Secretary for ICE, shall 
        establish an advisory committee which shall be known as the 
        ``Advisory Committee on Import Safety and Intellectual Property 
        Rights Enforcement'' (in this section referred to as the 
        ``Advisory Committee)''.
            (2) Membership.--The Advisory Committee shall consist of 20 
        members appointed by the Secretary. In making appointments to 
        the Advisory Committee, the Secretary shall ensure that--
                    (A) the membership of the Advisory Committee is 
                representative of the individuals and organizations 
                affected by the enforcement of health or safety and 
                intellectual property rights by CBP and ICE;
                    (B) at least one member of the Advisory Committee 
                is a representative of organized labor;
                    (C) at least one member of the Advisory Committee 
                is a representative of consumer groups; and
                    (D) a majority of the members of the Advisory 
                Committee do not belong to the same political party.
    (b) Duties.--The Advisory Committee shall--
            (1) provide advice to the Secretary, the Commissioner, and 
        the Assistant Secretary for ICE on all matters involving the 
        enforcement of import safety and intellectual property rights 
        by CBP and ICE; and
            (2) submit an annual report to the Committee on Finance of 
        the Senate and the Committee on Ways and Means of the House of 
        Representatives that shall--
                    (A) describe the operations of the Advisory 
                Committee during the preceding year; and
                    (B) set forth any recommendations of the Advisory 
                Committee regarding the enforcement of intellectual 
                property rights by CBP and ICE.
    (c) Presiding Officers.--The Commissioner and the Assistant 
Secretary for ICE shall preside over meetings of the Advisory 
Committee.

SEC. 363. STAFFING ENHANCEMENTS AT CBP.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to CBP such funds as may be necessary for additional 
personnel (as determined in accordance with the Resource Allocation 
Model established pursuant to section 301(h) of the Customs Procedural 
Reform and Simplification Act of 1978 (19 U.S.C. 2075(h)) to carry out 
the additional responsibilities of CBP under this title regarding the 
importation, transshipment, and exportation of counterfeit or pirated 
goods, goods that are the subject to exclusion orders, goods that 
violate other forms of intellectual property rights, and goods that 
violate United States health or safety laws.
    (b) Amendment.--Section 301(h)(1) of the Customs Procedural Reform 
and Simplification Act of 1978 (19 U.S.C. 2075(h)) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) in subparagraph (G), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(H) enforcing provisions of law relating to 
                health and safety.''.

SEC. 364. STAFFING ENHANCEMENTS AT ICE.

    There are authorized to be appropriated to ICE such funds as may be 
necessary for additional personnel to carry out the additional 
responsibilities of ICE under this title regarding the enforcement of 
United States health and safety laws and the enforcement of 
intellectual property rights, including for developing and implementing 
a training program with respect to United States health and safety laws 
and intellectual property rights for each ICE attache office outside 
the United States.

              Subtitle D--Authorization of Appropriations

SEC. 371. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each fiscal year such 
sums as may be necessary to carry out this title and the amendments 
made by this title.
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