,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bahi ,,in ,,the ,,house ,,of ,,representatives ,april #bg1 #bjag,mr4 ,crdenas 7for himself1 ,mr4 ,farenthold1 ,mr4 ,swalwell of ,california1 and ,mr4 ,issa7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to amend section #ccg of the ,tariff ,act of #aicj with respect to requirements for domestic industries1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,trade ,protection ,not ,troll ,protection ,act4 #b4 ,purpose ,the purpose of this ,act is to ensure that the resources of the ,united ,states ,international ,trade ,commission are focused on protecting genuine domestic industries1 to restore confidence with the trading partners of the ,united ,states that the ,commission will not be a duplicative forum for enforcing intellectual property rights when ,united ,states district courts are already available1 and to safeguard the public health and welfare and the ,united ,states economy 7including competitive conditions74 #c4 ,unfair practices in import trade 7a7 ,in general ,section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg7 is amended as follows3 7#a7 ,subsection 7a7 is amended-- 7,a7 in paragraph 7#c7-- 7i7 by striking or at the end of subparagraph 7,b72 7ii7 in subparagraph 7,c71 by striking engineering1 research and development1 or licensing4 and inserting engineering and research and development2 or2 and 7iii7 by adding after subparagraph 7,c7 the following3 7,d7 substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent1 copyright1 trademark1 mask work1 or design4 2 7,b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,c7 by inserting after paragraph 7#c7 the following3 7#d7 ,for purposes of paragraph 7#c71 the complainant may not rely upon activities by its licensees unless the license leads to the adoption and development of articles that incorporate the claimed patent1 copyright1 trademark1 mask work1 or design for sale in the ,united ,states4 4 7#b7 ,subsection 7b7 is amended-- 7,a7 in paragraph 7#a71 by inserting after the first sentence the following3 ,for a complaint under oath1 a person may be relied upon to qualify as an industry under subsection 7a77#b7 only if the person joins the complaint under oath1 except that nothing in this sentence shall be construed to compel such a person to join the complaint42 and 7,b7 by adding at the end the following3 7#d7 7,a7 ,the ,commission shall identify1 at the beginning of an investigation1 whether the investigation presents a dispositive issue appropriate for an expedited fact finding and an abbreviated hearing limited to that issue1 and shall direct the assigned administrative law judge to rule on such issue early in the investigation4 ,the ,commission1 in its notice of instituting the investigation1 shall set out specific timeframes for such expedited fact finding and hearing4 7,b7 ,if the ,commission identifies a domestic industry as the dispositive issue in question1 the ,commission shall direct the assigned administrative law judge to expedite fact finding in the investigation on the domestic industry requirement1 including an early evidentiary hearing1 and to issue an initial determination on this matter within #ajj days after the investigation is instituted4 7,c7 ,any initial determination by the assigned administrative law judge under subparagraph 7,a7 or 7,b7 shall stay the investigation pending ,commission action4 4 7#c7 ,subsection 7c7 is amended-- 7,a7 by striking the first sentence and inserting the following3 7#a7 ,the ,commission shall determine1 with respect to each investigation conducted by it under this section1 whether or not there is a violation of this section1 except that the ,commission-- 7,a7 may1 by issuing a consent order or on the basis of an agreement between the private parties to the investigation1 including an agreement to present the matter for arbitration1 terminate any such investigation1 in whole or in part1 without making such a determination2 or 7,b7 may determine during the course of the investigation that the exclusion of the articles under investigation would not be in the interest of the public1 after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare1 the ,united ,states economy 7including competitive conditions71 the production of like or directly competitive articles by the complainant and its licensees1 ,united ,states consumers1 and any other relevant considerations1 and terminate any such investigation1 in whole or in part1 without making any further determination4 2 7,b7 in the second sentence1 by striking ,each determination and inserting the following3 7#b7 ,each determination 2 7,c7 by inserting after the ,federal ,circuit for review in accordance with chapter #g of title #e1 ,united ,states ,code4 the following3 ,in addition1 any person adversely affected by a ruling of the ,commission under subsection 7b77#d7 may appeal such ruling1 within #fj days after all administrative remedies are exhausted1 to the ,united ,states ,court of ,appeals for the ,federal ,circuit for review in accordance with chapter #g of title #e1 ,united ,states ,code4 ,in the event that the ,commission's ruling is appealed under this subsection and upon motion by the adversely affected party1 the ,commission shall stay all further proceedings in the investigation until all appeals are final42 7,d7 by striking its findings on the public health and welfare1 competitive conditions in the ,united ,states economy1 and inserting its findings on the public health and welfare1 the ,united ,states economy 7including competitive conditions712 and 7,e7 by inserting by the complainant and its licensees after the production of like or directly competitive articles4 7#d7 ,subsection 7d77#a7 is amended by striking the first sentence and inserting the following3 ,if the ,commission determines1 as a result of an investigation under this section1 that there is a violation of this section and that exclusion of the articles concerned would be in the interest of the public1 after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare1 the ,united ,states economy 7including competitive conditions71 the production of like or directly competitive articles by the complainant and its licensees1 ,united ,states consumers1 and any other relevant considerations1 the ,commission shall direct that the articles concerned that are imported by any person violating the provision of this section be excluded from entry into the ,united ,states44 7#e7 ,subsection 7e77#a7 is amended by striking the first sentence and inserting the following3 ,if1 during the course of an investigation under this section1 the ,commission determines that there is reason to believe that there is a violation of this section and that exclusion of the articles concerned would be in the interest of the public1 the ,commission may direct that the articles concerned that are imported by any person with respect to whom there is reason to believe that such person is violating this section be excluded from entry into the ,united ,states1 after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare1 the ,united ,states economy 7including competitive conditions71 the production of like or directly competitive articles by the complainant and its licensees1 ,united ,states consumers1 and any other relevant considerations44 7#f7 ,subsection 7f77#a7 is amended by striking the first sentence and inserting the following3 ,in addition to1 or in lieu of1 taking action under subsection 7d7 or 7e71 the ,commission may issue and cause to be served on any person violating this section1 or believed to be violating this section1 as the case may be1 an order directing such person to cease and desist from engaging in the unfair methods or acts involved1 after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare1 the ,united ,states economy 7including competitive conditions71 the production of like or directly competitive articles by the complainant and its licensee1 ,united ,states consumers1 and any other relevant considerations44 7#g7 ,subsection 7g77#a7 is amended by amending the matter following subparagraph 7,e7 to read as follows3 the ,commission shall presume the facts alleged in the complaint to be true and shall1 upon request1 issue an exclusion from entry or a cease and desist order1 or both1 limited to that person1 after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare1 the ,united ,states economy 7including competitive conditions71 the production of like or directly competitive articles by the complainant and its licensees1 ,united ,states consumers1 and any other relevant considerations4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall apply to complaints filed under section #ccg of the ,tariff ,act of #aicj on or after the date of the enactment of this ,act4