[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S3142-S3146]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1627. 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:

                        DIVISION G--COMPETES ACT

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. Review of discriminatory digital trade acts, policies, and 
              practices 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

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     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.
       (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

[[Page S3144]]

     (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. REVIEW OF DISCRIMINATORY DIGITAL TRADE ACTS, 
                   POLICIES, AND PRACTICES PROPOSED BY MAJOR 
                   TRADING PARTNERS OF THE UNITED STATES.

       (a) Review 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 a review regarding any 
     discriminatory digital trade act, policy, or practice 
     proposed by a major trading partner of the United States.
       (2) Elements.--The review required by paragraph (1) shall 
     cover any digital trade act, policy, or practice proposed by 
     a major trading partner of the United States that, if 
     enacted, would accord less favorable treatment to imported or 
     cross-border digital goods and services than to like digital 
     goods and services of national origin, including by--
       (A) requiring imported or cross-border digital goods and 
     services to meet standards developed in a process under which 
     participation by foreign entities was limited by the major 
     trading partner;
       (B) requiring additional regulatory, reporting, or other 
     obligations without a legitimate policy objective;
       (C) requiring re-engineering or separation of integrated 
     products without a legitimate policy objective;
       (D) establishing licensing requirements dependent on the 
     use of domestic digital services or products;
       (E) requiring the sharing of data, intellectual property, 
     trade secrets, or confidential business information in a 
     manner accessible to competitors; or
       (F) undermining privacy for consumers or users or creating 
     serious concerns regarding the provision of sensitive data to 
     foreign governments.
       (b) Determination.--Not later than 180 days after the date 
     of the enactment of this Act, the Trade Representative shall, 
     pursuant to the review 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 act, policy, or practice 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 the Trade Act of 1974 
     (19 U.S.C. 2411) will exist if a proposed digital trade act, 
     policy, or practice described in subsection (a)(1) of this 
     section 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 review required under subsection 
     (a)(1).
       (c) Negotiation With Major Trading Partners.--If the Trade 
     Representative makes an affirmative determination under 
     subsection (b)(1) with respect to a digital trade act, 
     policy, or practice 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 act, policy, or practice 
     continues to be proposed, with the objective of eliminating 
     the discriminatory aspects of the act, policy, or practice.

            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

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       ``(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--
       ``(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)).

[[Page S3146]]

       (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 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.
                                 ______