I 
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. BERK-
LEY, 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 Secu-
rity, 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 Representa-
tives of the United States of America in Congress assembled, 
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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 com-
parisons. 
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 
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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 En-
forcement. 
Sec. 363. Staffing enhancements at CBP. 
Sec. 364. Staffing enhancements at ICE. 
Subtitle D—Authorization of Appropriations 
Sec. 371. Authorization of appropriations. 
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TITLE I—ELIMINATION OF FOR-
EIGN BARRIERS TO EXPORTS 
OF U.S. GOODS AND SERVICES 
SEC. 101. IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES. 
(a) IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES.—Section 310 of the Trade Act of 1974 is amended 
to read as follows: 
‘‘SEC. 310. IDENTIFICATION OF TRADE EXPANSION PRIOR-
ITIES. 
‘‘(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 prac-
tices 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 prece-
dent; and 
‘‘(C) submit to the Congressional Trade 
Enforcer, the Committee on Finance of the 
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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 dis-
torting practices described in the National 
Trade Estimate Report required under section 
181(b); 
‘‘(B) the trade agreements to which a for-
eign country is a party and its compliance with 
those agreements; 
‘‘(C) the medium- and long-term implica-
tions 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 Rep-
resentative may include in the report, if appro-
priate— 
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‘‘(A) a description of foreign country prac-
tices that may in the future warrant identifica-
tion as priority foreign country practices; and 
‘‘(B) a statement about other foreign coun-
try 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 negotia-
tions 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 sub-
section (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 coun-
try practices involved has not been reached within 90 days 
after the date on which a report is submitted to the appro-
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priate 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 BAR-
RIERS.—In the consultations with a foreign country that 
the Trade Representative is required to request under sec-
tion 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 elimi-
nation of the practices that are the subject of the inves-
tigation 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 in-
clude in the semiannual report required by section 309(3) 
a report on the status of any investigations initiated pur-
suant to subsection (c) and, where appropriate, the extent 
to which such investigations have led to increased opportu-
nities 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 
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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 EN-
FORCER. 
(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 begin-
ning on the first day of each new Congress. Appoint-
ments in odd-numbered Congresses shall be made by 
the Speaker of the House of Representatives, in con-
sultation with the minority leader of the House of 
Representatives, the majority leader of the Senate, 
and the minority leader of the Senate, after consid-
ering recommendations received from the Committee 
on Ways and Means of the House of Representatives 
and the Committee on Finance of the Senate. Ap-
pointments in even-numbered Congresses shall be 
made by the majority leader of the Senate, in con-
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