S.Amdt. 1505

SA 1505. Mr. WYDEN (for himself and Mr. Schumer) submitted an
amendment intended to be proposed to amendment SA 1502 proposed by Mr.
Schumer to the bill S. 1260, to establish a new Directorate for
Technology and Innovation in the National Science Foundation, to
establish a regional technology hub program, to require a strategy and
report on economic security, science, research, innovation,
manufacturing, and job creation, to establish a critical supply chain
resiliency program, and for other purposes; which was ordered to lie on
the table; as follows:

At the end, add the following:

DIVISION G--COMPETES ACT

SEC. 7001. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This division may be cited as the
``Combating Oppressive and Manipulative Policies that
Endanger Trade and Economic Security Act of 2021'' or the
``COMPETES Act''.
(b) Table of Contents.--The table of contents for this
division is as follows:

Sec. 7001. Short title; table of contents.
Sec. 7002. Appropriate congressional committees defined.

TITLE I--TRADING CONSISTENT WITH AMERICAN VALUES

Subtitle A--Preventing Importation of Goods Produced by Forced Labor

Sec. 7101. Investigations of allegations of goods produced by forced
labor.
Sec. 7102. Preventing importation of seafood and seafood products
harvested or produced using forced labor.

Subtitle B--Addressing Censorship and Barriers to Digital Trade

Sec. 7111. Censorship as a trade barrier.
Sec. 7112. Investigation of censorship and barriers to digital trade.
Sec. 7113. Expedited investigation of discriminatory digital trade
measures proposed by major trading partners of the United
States.

Subtitle C--Protecting Innovators and Consumers

Sec. 7121. Technical and legal support for addressing intellectual
property rights infringement cases.
Sec. 7122. Improvement of anti-counterfeiting measures.

Subtitle D--Ensuring a Level Playing Field

Sec. 7131. Report on manner and extent to which the Government of the
People's Republic of China exploits Hong Kong to
circumvent United States laws and protections.
Sec. 7132. Assessment of overcapacity of industries in the People's
Republic of China.

TITLE II--IMPROVING TRANSPARENCY AND ADMINISTRATION OF TRADE PROGRAMS
AND OVERSIGHT AND ACCOUNTABILITY OF TRADE AGENCIES

Sec. 7201. Enhanced congressional oversight of the United States Trade
Representative and the Department of Commerce.
Sec. 7202. Authority of U.S. Customs and Border Protection to
consolidate, modify, or reorganize customs revenue
functions.
Sec. 7203. Protection from public disclosure of personally identifiable
information contained in manifests.

TITLE III--AUTHORIZATION OF APPROPRIATIONS

Sec. 7301. Authorization of additional appropriations.

SEC. 7002. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this division, the term ``appropriate congressional
committees'' means the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives.

TITLE I--TRADING CONSISTENT WITH AMERICAN VALUES

Subtitle A--Preventing Importation of Goods Produced by Forced Labor

SEC. 7101. INVESTIGATIONS OF ALLEGATIONS OF GOODS PRODUCED BY
FORCED LABOR.

Section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) is
amended--
(1) by striking ``All'' and inserting the following:
``(a) In General.--All'';
(2) by striking `` `Forced labor', as herein used, shall
mean'' and inserting the following:
``(c) Forced Labor Defined.--In this section, the term
`forced labor' means''; and
(3) by inserting after subsection (a), as designated by
paragraph (1), the following:
``(b) Forced Labor Division.--
``(1) In general.--There is established in the Office of
Trade of U.S. Customs and Border Protection a Forced Labor
Division, which shall--
``(A) receive and investigate allegations of goods, wares,
articles, or merchandise mined, produced, or manufactured
using forced labor; and
``(B) coordinate with other agencies to enforce the
prohibition under subsection (a).
``(2) Prioritization of investigations.--In prioritizing
investigations under paragraph (1)(A), the Forced Labor
Division shall--
``(A) consult closely with the Bureau of International
Labor Affairs of the Department of Labor and the Office to
Monitor and Combat Trafficking in Persons of the Department
of State; and
``(B) take into account--
``(i) the complicity of--

``(I) the government of the foreign county in which the
instance of forced labor is alleged to have occurred; and
``(II) the government of any other country that has
facilitated the use of forced labor in the country described
in subclause (I);

``(ii) the ranking of the governments described in clause
(i) in the most recent report on trafficking in persons
required by section 110(b)(1) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)(1));
``(iii) whether the good involved in the alleged instance
of forced labor is included in the most recent list of goods
produced by child labor or forced labor required by section
105(b)(1)(2)(C) of the Trafficking Victims Protection
Reauthorization Act of 2005 (22 U.S.C. 7112(b)(2)(C)); and
``(iv) the effect taking action with respect to the alleged
instance of forced labor would have in eradicating forced
labor from the supply chain of the United States.
``(3) Quarterly briefings required.--Not less frequently
than every 90 days, the Forced Labor Division shall provide
briefings to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives
regarding--
``(A) allegations received under paragraph (1);
``(B) the prioritization of investigations of such
allegations under paragraph (2); and
``(C) progress made toward--
``(i) issuing withhold release orders for goods, wares,
articles, or merchandise mined, produced, or manufactured
using forced labor; and
``(ii) making findings in and closing investigations
conducted under paragraph (1).''.

SEC. 7102. PREVENTING IMPORTATION OF SEAFOOD AND SEAFOOD
PRODUCTS HARVESTED OR PRODUCED USING FORCED
LABOR.

(a) Definitions.--In this section:
(1) Child labor.--The term ``child labor'' has the meaning
given the term ``worst forms of child labor'' in section 507
of the Trade Act of 1974 (19 U.S.C. 2467).
(2) Forced labor.--The term ``forced labor'' has the
meaning given that term in section 307 of the Tariff Act of
1930 (19 U.S.C. 1307).
(3) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
(4) Seafood.--The term ``seafood'' means fish, shellfish,
processed fish, fish meal, shellfish products, and all other
forms of marine animal and plant life other than marine
mammals and birds.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Administrator of the National
Oceanic and Atmospheric Administration.
(b) Forced Labor in Fishing.--
(1) Rulemaking.--Not later than one year after the date of
the enactment of this Act, the Commissioner of U.S. Customs
and Border Protection, in coordination with the Secretary,
shall issue regulations regarding the verification of seafood
imports to ensure that no seafood or seafood product
harvested or produced using forced labor is entered into the
United States in violation of section 307 of the Tariff Act
of 1930 (19 U.S.C. 1307).
(2) Strategy.--The Commissioner of U.S. Customs and Border
Protection, in coordination with the Secretary and the
Secretary of the department in which the Coast Guard is
operating, shall--
(A) develop a strategy for using data collected under
Seafood Import Monitoring Program to identify seafood imports
at risk of being harvested or produced using forced labor;
and
(B) publish information regarding the strategy developed
under subparagraph (A) on the website of U.S. Customs and
Border Protection.

[[Page S2736]]

(c) International Engagement.--The United States Trade
Representative, in coordination with the Secretary of
Commerce, shall engage with interested countries regarding
the development of compatible and effective seafood tracking
and sustainability plans in order to--
(1) identify best practices;
(2) coordinate regarding data sharing;
(3) reduce barriers to trade in fairly grown or harvested
fish; and
(4) end the trade in products that--
(A) are harvested or produced using illegal, unregulated,
or unreported fishing, human trafficking, or forced labor; or
(B) pose a risk of fraud.

Subtitle B--Addressing Censorship and Barriers to Digital Trade

SEC. 7111. CENSORSHIP AS A TRADE BARRIER.

(a) In General.--Chapter 8 of title I of the Trade Act of
1974 (19 U.S.C. 2241 et seq.) is amended by adding at the end
the following:

``SEC. 183. IDENTIFICATION OF COUNTRIES THAT DISRUPT DIGITAL
TRADE.

``(a) In General.--Not later than 60 days after the date on
which the National Trade Estimate is submitted under section
181(b), the United States Trade Representative (in this
section referred to as the `Trade Representative') shall
identify, in accordance with subsection (b), foreign
countries that are trading partners of the United States that
engage in acts, policies, or practices that disrupt digital
trade activities, including--
``(1) coerced censorship in their own markets or
extraterritorially; and
``(2) other eCommerce or digital practices with the goal,
or substantial effect, of promoting censorship or
extrajudicial data access that disadvantages United States
persons.
``(b) Requirements for Identifications.--In identifying
countries under subsection (a), the Trade Representative
shall identify only foreign countries that--
``(1) disrupt digital trade in a discriminatory or trade
distorting manner with the goal, or substantial effect, of
promoting censorship or extrajudicial data access;
``(2) deny fair and equitable market access to digital
service providers that are United States persons with the
goal, or substantial effect, of promoting censorship or
extrajudicial data access; or
``(3) engage in coerced censorship or extrajudicial data
access so as to harm the integrity of services or products
provided by United States persons in the market of that
country, the United States market, or other markets.
``(c) Designation of Priority Foreign Countries.--
``(1) In general.--The Trade Representative shall designate
as priority foreign countries the foreign countries
identified under subsection (a) that--
``(A) engage in the most onerous or egregious acts,
policies, or practices that have the greatest impact on the
United States; and
``(B) are not negotiating or otherwise making progress to
end those acts, policies, or practices.
``(2) Revocations and additional identifications.--
``(A) In general.--The Trade Representative may at any
time, if information available to the Trade Representative
indicates that such action is appropriate--
``(i) revoke the identification of any foreign country as a
priority foreign country under paragraph (1); or
``(ii) identify any foreign country as a priority foreign
country under that paragraph.
``(B) Report on reasons for revocation.--The Trade
Representative shall include in the semiannual report
submitted to Congress under section 309(3) a detailed
explanation of the reasons for the revocation under
subparagraph (A) of the identification of any foreign country
as a priority foreign country under paragraph (1) during the
period covered by the report.
``(d) Referral to Attorney General or Investigation.--If
the Trade Representative identifies an instance in which a
foreign country designated as a priority foreign country
under subsection (c) has successfully pressured an online
service provider to inhibit free speech in the United States,
the Trade Representative shall--
``(1) submit to Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a
report detailing the precise circumstances of the instance,
including the actions taken by the foreign country and the
online service provider;
``(2) if the online service provider is under the
jurisdiction of the United States, refer the instance to the
Attorney General; and
``(3) if appropriate, initiate an investigation under
section 302 and impose a remedy under section 301(c).
``(e) Publication.--The Trade Representative shall publish
in the Federal Register a list of foreign countries
identified under subsection (a) and foreign countries
designated as priority foreign countries under subsection (c)
and shall make such revisions to the list as may be required
by reason of action under subsection (c)(2).
``(f) Annual Report.--Not later than 30 days after the date
on which the Trade Representative submits the National Trade
Estimate under section 181(b), the Trade Representative shall
submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a
report on actions taken under this section during the one-
year period preceding that report, and the reasons for those
actions, including--
``(1) a list of any foreign countries identified under
subsection (a); and
``(2) a description of progress made in decreasing
disruptions to digital trade.''.
(b) Investigations Under Title III of the Trade Act of
1974.--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 designated as a priority foreign
country under section 183(c)'' after ``section 182(a)(2)'';
and
(2) in subparagraph (D), by striking ``by reason of
subparagraph (A)'' and inserting ``with respect to a country
identified under section 182(a)(2)''.
(c) 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 disrupt digital trade.''.

SEC. 7112. INVESTIGATION OF CENSORSHIP AND BARRIERS TO
DIGITAL TRADE.

(a) In General.--Subsection (b) of section 301 of the Trade
Act of 1974 (19 U.S.C. 2411) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) in the matter preceding subparagraph (A), as
redesignated by paragraph (1), by striking ``If the Trade
Representative'' and inserting ``(1) If the Trade
Representative'';
(3) by adding at the end the following:
``(2) For purposes of paragraph (1), an act, policy, or
practice that is unreasonable includes any act, policy, or
practice, or any combination of acts, policies, or practices,
that denies fair and equitable market opportunities,
including through censorship or barriers to the provision of
domestic digital services, by the government of a foreign
country that--
``(A) precludes competition by conferring special benefits
on domestic entities or imposing discriminatory burdens on
foreign entities;
``(B) provides inconsistent or unfair market access to
United States persons;
``(C) requires censorship of content that originates in the
United States; or
``(D) requires extrajudicial data access that disadvantages
United States persons.''.
(b) Authorized Action.--Subsection (c) of such section is
amended by adding at the end the following:
``(7) In the case of an act, policy, or practice described
in paragraph (2) of subsection (b) by the government of a
foreign country that is determined to be unreasonable under
paragraph (1) of that subsection, the Trade Representative
may direct the blocking of access from that country to data
from the United States to address the lack of reciprocal
market access or parallel data flows.''.
(c) Conforming Amendment.--Section 304(a)(1)(A)(ii) of the
Trade Act of 1974 (19 U.S.C. 2414(a)(1)(A)(ii)) is amended by
striking ``(b)(1)'' and inserting ``(b)(1)(A)''.

SEC. 7113. EXPEDITED INVESTIGATION OF DISCRIMINATORY DIGITAL
TRADE MEASURES PROPOSED BY MAJOR TRADING
PARTNERS OF THE UNITED STATES.

(a) Investigation of Proposals.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the United States Trade
Representative shall initiate an investigation regarding any
discriminatory digital trade legislative or regulatory
proposals by major trading partners of the United States.
(2) Elements.--The investigation required by paragraph (1)
shall include an investigation of any proposed digital trade
measure that discriminates by targeting United States
entities, whether by law or in effect, including by--
(A) requiring additional regulatory, reporting, or other
obligations,;
(B) requiring re-engineering or separation of integrated
products;
(C) creating due process concerns;
(D) requiring the sharing of data, intellectual property,
trade secrets, or confidential business information in a
manner accessible to entities in competition with United
States entities;
(E) undermining privacy for consumers or users or creating
serious concerns regarding the provision of sensitive data to
foreign governments; or
(F) being otherwise detrimental to the trade in digital
goods or services by United States entities, as determined by
the Trade Representative.
(b) Determination.--Not later than 180 days after the date
of the enactment of this Act the Trade Representative shall,
pursuant to the investigation required under subsection
(a)(1)--
(1) determine whether--
(A) the rights to which the United States is entitled under
any trade agreement will be denied if a proposed digital
trade legislative or regulatory measure described in that
subsection is finalized; or
(B) any act, policy, or practice described in subsection
(a)(1)(B) or (b)(1) of section 301 of to the Trade Act of
1974 (19 U.S.C. 2411) will exist if the proposed measure is
finalized; and
(2) brief the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives
regarding the results of the investigation required under
subsection (a)(1).
(c) Negotiation With Major Trading Partners.--If the Trade
Representative

[[Page S2737]]

makes an affirmative determination under subsection (b)(1)
with respect to a digital trade legislative or regulatory
measure described in subsection (a)(1) proposed by a major
trading partner of the United States, the Trade
Representative shall discuss that determination with the
major trading partner, if the measure continues to be
proposed, with the objective of eliminating the measure and
any act, policy, or practice in connection with that measure.
(d) Action Upon Implementation of Measures.--
(1) In general.--Upon the implementation by a major trading
partner of the United States of a measure covered by an
investigation under subsection (a)(1), the Trade
Representative may initiate--
(A) dispute settlement procedures under a trade agreement
to which the United States and the major trading partner are
both parties; or
(B) an investigation under section 301 of the Trade Act of
1974 (19 U.S.C. 2411), unless subsection (a)(2)(B) of that
section applies.
(2) Timing of determination.--Notwithstanding the timing
requirements of section 302 of the Trade Act of 1974 (19
U.S.C. 2412), if the Trade Representative initiates an
investigation under subsection (b)(1) of that section in
connection with the implementation of a measure covered by an
investigation under subsection (a)(1) of this section, the
Trade Representative shall make the determination required
under section 304(a)(1) of that Act (19 U.S.C. 2414(a)(1))
not later than the earlier of--
(A) with respect to dispute settlement procedures under a
trade agreement to which the United States and the major
trading partner are both parties, the date that is 30 days
after the date on which those procedures are concluded; or
(B) with respect to an investigation under section 301 of
that Act (19 U.S.C. 2411), the date that is 90 days after the
date on which the investigation is initiated.
(3) Treatment of other requirements.--Except as otherwise
provided in this subsection, the Trade Representative may
carry out paragraph (1) without regard to any requirement in
any other provision of law relating to--
(A) initiation of a case described in subparagraph (A) of
that paragraph or an investigation described in subparagraph
(B) of that paragraph; or
(B) consultations with a major trading partner in
connection with such a case or investigation.
(e) United States Entity Defined.--In this section, the
term ``United States entity'' means an entity organized under
the laws of the United States or of any jurisdiction within
the United States, including a foreign branch of such an
entity.

Subtitle C--Protecting Innovators and Consumers

SEC. 7121. TECHNICAL AND LEGAL SUPPORT FOR ADDRESSING
INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
CASES.

(a) In General.--The head of any Federal agency may provide
support, as requested and appropriate, to United States
persons seeking technical, legal, or other support in
addressing intellectual property rights infringement cases
regarding the People's Republic of China.
(b) United States Person Defined.--In this section, the
term ``United States person'' means--
(1) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
(2) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such an entity.

SEC. 7122. IMPROVEMENT OF ANTI-COUNTERFEITING MEASURES.

(a) Increased Inspections.--
(1) Report on seizures of counterfeit goods.--Not later
than one year after the date of the enactment of this Act,
and annually thereafter, the Commissioner of U.S. Customs and
Border Protection shall submit to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives a report on seizures by U.S. Customs and
Border Protection of counterfeit goods during the one-year
period preceding submission of the report, including the
number of such seizures disaggregated by category of good,
source country, and mode of transport.
(2) Increased inspections of goods from certain
countries.--The Commissioner shall increase inspections of
imports of goods from each source country identified in the
report required by paragraph (1) as one of the top source
countries of counterfeit goods, as determined by the
Commissioner.
(b) Publication of Criteria for Notorious Markets List.--
Not later than 2 years after the date of the enactment of
this Act, and not less frequently than every 5 years
thereafter, the United States Trade Representative shall
publish in the Federal Register criteria for determining that
a market is a notorious market for purposes of inclusion of
that market in the list developed by the Trade Representative
pursuant to section 182(e) of the Trade Act of 1974 (19
U.S.C. 2242(e)) (commonly known as the ``Notorious Markets
List'').
(c) Publication of Action Plans.--
(1) In general.--Not less frequently than annually, the
Trade Representative shall publish on an publicly available
internet website of the Office of the United States Trade
Representative--
(A) the action plans for priority watch list countries
under section 182(g)(1) of the Trade Act of 1974 (19 U.S.C.
2242(g)(1)) for that year; and
(B) for each priority watch list country with respect to
which such an action plan is prepared, an assessment of the
progress of the country in meeting the benchmarks described
in subparagraph (D) of that section.
(2) Public hearings.--Not less frequently than annually,
the Trade Representative shall hold public hearings to track
the progress of priority watch list countries in meeting the
benchmarks described in subparagraph (D) of section 182(g)(1)
of the Trade Act of 1974 (19 U.S.C. 2242(g)(1)) included in
their action plans under that section.
(3) Priority watch list country defined.--In this
subsection, the term ``priority watch list country'' means a
country identified under section 182(a)(2) of the Trade Act
of 1974 (19 U.S.C. 2242(a)(2)).
(d) Sharing of Information With Respect to Suspected
Violations of Intellectual Property Rights.--Section 628A of
the Tariff Act of 1930 (19 U.S.C. 1628a) is amended--
(1) in subsection (a)(1), by inserting ``, packing
materials, shipping containers,'' after ``its packaging''
each place it appears; and
(2) in subsection (b)--
(A) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) any other party with an interest in the merchandise,
as determined appropriate by the Commissioner.''.

Subtitle D--Ensuring a Level Playing Field

SEC. 7131. REPORT ON MANNER AND EXTENT TO WHICH THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
EXPLOITS HONG KONG TO CIRCUMVENT UNITED STATES
LAWS AND PROTECTIONS.

Title III of the United States-Hong Kong Policy Act of 1992
(22 U.S.C. 5731 et seq.) is amended by adding at the end the
following:

``SEC. 303. REPORT ON MANNER AND EXTENT TO WHICH THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA
EXPLOITS HONG KONG TO CIRCUMVENT UNITED STATES
LAWS AND PROTECTIONS.

``(a) In General.--Not later than 180 days after the date
of the enactment of this section, the Secretary of State and
the United States Trade Representative shall jointly submit
to the appropriate congressional committees a report on the
manner and extent to which the Government of the People's
Republic of China uses the status of Hong Kong to circumvent
the laws and protections of the United States.
``(b) Elements.--The report required by subsection (a)
shall include the following:
``(1) In consultation with the Secretary of Commerce, the
Secretary of Homeland Security, and the Director of National
Intelligence--
``(A) an assessment of how the Government of the People's
Republic of China uses Hong Kong to circumvent export
controls of the United States; and
``(B) a list of all significant incidents in which the
Government of the People's Republic of China used Hong Kong
to circumvent those controls during the reporting period.
``(2) In consultation with the Secretary of the Treasury
and the Secretary of Commerce--
``(A) an assessment of how the Government of the People's
Republic of China uses Hong Kong to circumvent antidumping or
countervailing duties and duties under section 301 of the
Trade Act of 1974 (19 U.S.C. 2411) on merchandise exported to
the United States from the People's Republic of China; and
``(B) a list of all significant incidents in which the
Government of the People's Republic of China used Hong Kong
to circumvent those duties during the reporting period.
``(3) In consultation with the Secretary of the Treasury,
the Secretary of Homeland Security, and the Director of
National Intelligence--
``(A) an assessment of how the Government of the People's
Republic of China uses Hong Kong to circumvent sanctions
imposed by the United States or pursuant to multilateral
regimes; and
``(B) a list of all significant incidents in which the
Government of the People's Republic of China used Hong Kong
to circumvent those sanctions during the reporting period.
``(4) In consultation with the Secretary of Homeland
Security and the Director of National Intelligence--
``(A) an assessment of how the Government of the People's
Republic of China uses formal or informal means to extradite
or coercively move foreign nationals, including United States
persons, from Hong Kong to the People's Republic of China;
and
``(B) a list of foreign nationals, including United States
persons, who have been formally or informally extradited or
coercively moved from Hong Kong to the People's Republic of
China.
``(5) In consultation with the Secretary of Defense, the
Director of National Intelligence, and the Director of
Homeland Security--

[[Page S2738]]

``(A) an assessment of how the intelligence, security, and
law enforcement agencies of the Government of the People's
Republic of China, including the Ministry of State Security,
the Ministry of Public Security, and the People's Armed
Police, use the Hong Kong Security Bureau and other security
agencies in Hong Kong to conduct espionage on foreign
nationals, including United States persons, conduct influence
operations, or violate civil liberties guaranteed under the
laws of Hong Kong; and
``(B) a list of all significant incidents of such
espionage, influence operations, or violations of civil
liberties during the reporting period.
``(c) Form of Report; Availability.--
``(1) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
index.
``(2) Availability.--The unclassified portion of the report
required by subsection (a) shall be posted on a publicly
available internet website of the Department of State.
``(d) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, the Committee on
Finance, and the Select Committee on Intelligence of the
Senate; and
``(B) the Committee on Foreign Affairs, the Committee on
Financial Services, the Permanent Select Committee on
Intelligence, and the Committee on Ways and Means of the
House of Representatives.
``(2) Foreign national.--The term `foreign national' means
a person that is neither--
``(A) an individual who is a citizen or national of the
People's Republic of China; or
``(B) an entity organized under the laws of the People's
Republic of China or of a jurisdiction within the People's
Republic of China.
``(3) Reporting period.--The term `reporting period' means
the 5-year period preceding submission of the report required
by subsection (a).
``(4) United states person.--The term `United States
person' means--
``(A) a United States citizen or an alien lawfully admitted
for permanent residence to the United States; or
``(B) an entity organized under the laws of the United
States or of any jurisdiction within the United States,
including a foreign branch of such an entity.''.

SEC. 7132. ASSESSMENT OF OVERCAPACITY OF INDUSTRIES IN THE
PEOPLE'S REPUBLIC OF CHINA.

(a) Report on Overcapacity.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and annually thereafter, the
United States Trade Representative, in consultation with the
Secretary of Commerce, shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of
the House of Representatives a report on overcapacity of
industries in the People's Republic of China.
(2) Elements.--The report required by paragraph (1) shall
include--
(A) a determination on whether overcapacity resulting from
industrial policy exists in any major industry in the
People's Republic of China; and
(B) a description of the effects of that overcapacity on
industry in the United States.
(b) Briefing.--Not later than 180 days after a positive
determination of overcapacity under subsection (a)(2)(A), the
Trade Representative shall brief the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives regarding the steps taken to address that
overcapacity, which may include--
(1) discussions with allies;
(2) negotiations at an appropriate multilateral institution
to which the United States is a party; and
(3) bilateral negotiations with the People's Republic of
China.
(c) Determination of Substantial Reduction.--Not later than
each of one year and two years after a briefing under
subsection (b) with respect to a positive determination of
overcapacity under subsection (a)(2)(A), the Trade
Representative shall submit to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives a report containing a determination of
whether the steps taken to address that overcapacity are
likely to lead to a substantive reduction in that
overcapacity.

TITLE II--IMPROVING TRANSPARENCY AND ADMINISTRATION OF TRADE PROGRAMS
AND OVERSIGHT AND ACCOUNTABILITY OF TRADE AGENCIES

SEC. 7201. ENHANCED CONGRESSIONAL OVERSIGHT OF THE UNITED
STATES TRADE REPRESENTATIVE AND THE DEPARTMENT
OF COMMERCE.

(a) United States Trade Representative.--
(1) People's republic of china.--The United States Trade
Representative shall submit to the appropriate congressional
committees--
(A) not later than September 1, 2021, and every 180 days
thereafter for the following 2 years, a confidential report
describing--
(i) the implementation of the Economic and Trade Agreement
Between the Government of the United States of America and
the Government of China, dated January 15, 2020, including an
identification of those provisions in the agreement that have
yet to be implemented; and
(ii) progress toward addressing the issues identified in
the report prepared by the Trade Representative dated March
22, 2018, and titled, ``Findings of the Investigation into
China's Acts, Policies, and Practices Related to Technology
Transfer, Intellectual Property, and Innovation under Section
301 of the Trade Act of 1974''; and
(B) the text of any initial proposal for an executive
agreement or memorandum of understanding with the People's
Republic of China intended to resolve an investigation with
respect to duties under section 301 of the Trade Act of 1974
(19 U.S.C. 2411) not later than 3 business days before
submitting the proposal to any official of the People's
Republic of China.
(2) Trade enforcement trust fund.--Section 611(e) of the
Trade Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4405(e)) is amended--
(A) in the subsection heading, by striking ``Report'' and
inserting ``Reports'';
(B) by striking ``Not later than'' and inserting ``(1)
Report after entry into force.--Not later than''; and
(C) by adding at the end the following:
``(2) Report on use of funds.--Not later than July 1 of
each year, the Trade Representative shall submit to Congress
a report that identifies the use of any funds from the Trust
Fund during the one-year period preceding the date of the
report, including an identification of the specific
enforcement matter for which the funds were used.''.
(b) Department of Commerce.--
(1) Antidumping or countervailing duties.--
(A) In general.--Not later than July 1 of each year, the
Secretary of Commerce shall submit to the appropriate
congressional committees a report that identifies any
antidumping or countervailing duty determination under title
VII of the Tariff Act of 1930 (19 U.S. C. 1671 et seq.) that
in the year preceding the report was subject to a remand
pursuant to an order from the United States Court of
International Trade or a Chapter 10 Panel under the USMCA or
that was found to be inconsistent with the obligations of the
United States with the World Trade Organization.
(B) Elements.--With respect to each determination under
subparagraph (A), the Secretary of Commerce shall indicate--
(i) the specific statutory requirement that the Court of
International Trade or the Chapter 10 Panel found that the
Secretary failed to observe or the specific provision of the
WTO Agreement that a dispute settlement panel or Appellate
Body found to have been breached by the determination; and
(ii) how and when the Secretary intends to comply with the
order or obligations described in subparagraph (A), as the
case may be.
(2) Notice of suspension of antidumping duty
investigation.--Section 734(b) of the Tariff Act of 1930 (19
U.S.C. 1673c(b)) is amended--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B) and moving those two subparagraphs,
as so redesignated, two ems to the right;
(B) by striking ``The administering authority'' and
inserting ``(1) In general.--The administering authority'';
and
(C) by adding at the end the following:
``(2) Notification to congress.--The administering
authority shall submit to Congress the text of any proposal
to suspend an investigation under paragraph (1) not later
than 3 business days before submitting the proposal to an
interested party.''.
(c) Definitions.--In this section:
(1) 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).
(2) USMCA.--The term ``USMCA'' means the Agreement between
the United States of America, the United Mexican States, and
Canada, which is--
(A) attached as an Annex to the Protocol Replacing the
North American Free Trade Agreement with the Agreement
between the United States of America, the United Mexican
States, and Canada, done at Buenos Aires on November 30,
2018, as amended by the Protocol of Amendment to the
Agreement Between the United States of America, the United
Mexican States, and Canada, done at Mexico City on December
10, 2019; and
(B) approved by Congress under section 101(a)(1) of the
United States-Mexico-Canada Agreement Implementation Act (19
U.S.C. 4511(a)).
(3) WTO agreement.--The term ``WTO Agreement'' has the
meaning given that term in section 2 of the Uruguay Round
Agreements Act (19 U.S.C. 3501(9)).

SEC. 7202. AUTHORITY OF U.S. CUSTOMS AND BORDER PROTECTION TO
CONSOLIDATE, MODIFY, OR REORGANIZE CUSTOMS
REVENUE FUNCTIONS.

(a) In General.--Section 412 of the Homeland Security Act
of 2002 (6 U.S.C. 212(b)) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``consolidate, discontinue,'' and inserting
``discontinue''; and
(ii) by inserting after ``reduce the staffing level'' the
following: ``below the optimal staffing level determined in
the most recent

[[Page S2739]]

Resource Allocation Model required by section 301(h) of the
Customs Procedural Reform and Simplification Act of 1978 (19
U.S.C. 2075(h))''; and
(B) in paragraph (2), by inserting ``, National Account
Managers'' after ``Financial Systems Specialists''; and
(2) by adding at the end the following:
``(d) Authority to Consolidate, Modify, or Reorganize
Customs Revenue Functions.--
``(1) In general.--The Commissioner of U.S. Customs and
Border Protection may, subject to subsection (b),
consolidate, modify, or reorganize customs revenue functions
delegated to the Commissioner under subsection (a), including
by adding such functions to existing positions or
establishing new or modifying existing job series, grades,
titles, or classifications for personnel, and associated
support staff, performing such functions.
``(2) Position classification standards.--At the request of
the Commissioner, the Director of the Office of Personnel
Management shall establish new position classification
standards for any new positions established by the
Commissioner under paragraph (1).''.
(b) Technical Correction.--Section 412(a)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 212(a)(1)) is amended
by striking ``403(a)(1)'' and inserting ``403(1)''.

SEC. 7203. PROTECTION FROM PUBLIC DISCLOSURE OF PERSONALLY
IDENTIFIABLE INFORMATION CONTAINED IN
MANIFESTS.

(a) In General.--Paragraph (2) of section 431(c) of the
Tariff Act of 1930 (19 U.S.C. 1431(c)) is amended to read as
follows:
``(2)(A) The information listed in paragraph (1) shall not
be available for public disclosure if--
``(i) the Secretary of the Treasury makes an affirmative
finding on a shipment-by-shipment basis that disclosure is
likely to pose a threat of personal injury or property
damage; or
``(ii) the information is exempt under the provisions of
section 552(b)(1) of title 5, United States Code.
``(B) The Secretary shall ensure that any personally
identifiable information, including Social Security account
numbers and passport numbers, is removed from any manifest
signed, produced, delivered, or electronically transmitted
under this section before access to the manifest is provided
to the public.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 30 days after the date
of the enactment of this Act.

TITLE III--AUTHORIZATION OF APPROPRIATIONS

SEC. 7301. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to
the head of each agency specified in subsection (b) such sums
as may be necessary for the agency to carry out the
responsibilities of the agency under this title.
(b) Agencies Specified.--The agencies specified in this
subsection are the following:
(1) The Office of the United States Trade Representative.
(2) The Department of Commerce.
(3) The Department of the Treasury.
(4) U.S. Customs and Border Protection.
______