HR 2189 · 115th Congress 2017–2019, ended

Trade Protection Not Troll Protection Act

Latest action · May 3, 2017 Referred to the Subcommittee on Trade.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedApr 27, 2017
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Trade Protection Not Troll Protection Act

This bill amends the Tariff Act of 1930, with respect to unfair practices in the import trade, to consider an industry in the United States to exist if there is in the United States substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design.

If the U.S. International Trade Commission (ITC), at the beginning of an investigation of an alleged unfair practice, identifies a domestic industry as the dispositive issue in question, it shall direct the assigned administrative law judge (ALJ) to:

  • expedite fact finding on the domestic industry requirement, and
  • issue an initial determination on this matter within 100 days after the investigation begins.

Any initial determination by the assigned ALJ shall stay the investigation pending ITC action.

The ITC may determine during an investigation that exclusion of the articles concerned from entry into the United States would not be in the public interest, and terminate the investigation, in whole or in part, without any further determination, after considering the nature of the articles concerned and the effect of exclusion upon:

  • the public health and welfare,
  • the U.S. economy (including competitive conditions),
  • the production of like or directly competitive articles by the complainant and its licensees, and
  • U.S. consumers.

Any person adversely affected by an ITC ruling that identifies a domestic industry as the dispositive issue in question may appeal that ruling, within 60 days after all administrative remedies are exhausted, to the U.S. Court of Appeals for the Federal Circuit.

ITC discretion not to exclude any articles concerned, even though an importer has violated the ban on unfair competition, is repealed. If the ITC also determines that exclusion would be in the public interest, it shall direct exclusion of the articles.

During an investigation, if the ITC determines there is reason to believe that an unfair import practice has occurred, and exclusion of the articles concerned would be in the public interest, the ITC may direct the exclusion the articles concerned, after considering the factors mentioned above. (Currently the ITC may not direct an exclusion until an investigation concludes and it determines, as a result of the investigation, that an unfair import trade practice has occurred.)

Cosponsors 5

Members who signed on, in the order they did. Signatures ran from Apr 27, 2017 to May 25, 2017; 3 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-TXBlake FarentholdOriginalApr 27, 2017
R-CADarrell IssaOriginalApr 27, 2017
D-CAEric SwalwellOriginalApr 27, 2017
D-COJared PolisMay 25, 2017
R-TXLamar SmithMay 25, 2017

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseWays and Means Committee
Referred Apr 27, 2017
Trade Subcommittee
Referred May 3, 2017

Actions 3

Everything that happened, newest first.

  1. May 3, 2017Referred to the Subcommittee on Trade.
  2. Apr 27, 2017Introduced in House
  3. Apr 27, 2017Referred to the House Committee on Ways and Means.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Clauses 1 and 8 of Section 8 of Article I of the Constitution.

The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 72, April 27, 2017, page H2941.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 4829Trade Protection Not Troll Protection ActReintroduction ofMar 29, 2016

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To amend section 337 of the Tariff Act of 1930 with respect to requirements for domestic industries, and for other purposes.
Short Titles as Introduced
Trade Protection Not Troll Protection Act

Subjects

Assigned by the Library of Congress. Policy area: Foreign Trade and International Finance.

Text 1

Each version as it was printed, newest first.

  1. Apr 27, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.