2015: Schweikert Was Absent During A Vote On Strengthening Enforcement Of U.S. Trade Agreements And U.S. Intellectual Property Rights In A Customs And Trade Enforcement Bill. In December 2015, Schweikert missed a vote on legislation that created a fund to finance U.S. Trade Representative activities to enforce international trade agreements as part of a customs and trade enforcement bill. According to Congressional Quarterly, the legislation would have "strengthen[ed] enforcement of U.S. trade agreements and U.S. intellectual property rights, including by creating in the U.S. Treasury a Trade Enforcement Trust Fund to finance U.S. Trade Representative activities to enforce international trade agreements, creating a Trade Remedy Law Enforcement Division within CBP's Office of International Trade dedicated to preventing and investigating trade remedy evasion and directing CBP activity concerning evasion, and statutorily establishing the National Intellectual Property Rights Coordination Center within ICE to coordinate federal efforts to prevent intellectual property violations." The underlying legislation was a conference report that would have "formally establish[ed] the U.S. Customs and Border Protection (CBP) and authorize[d] the CBP to use an automated import-export processing system [...] strengthen[ed] enforcement of intellectual property rights and [...] would [have] permanently ban[ned] state and local taxation of Internet access and ends grandfathered Internet access taxation in seven states." The vote was on the conference report. The House passed the legislation by a vote of 256 to 158. The Senate then passed the bill, which was signed into law by the president. [House Vote 693, 12/11/15; Congressional Quarterly, 12/11/15; Congressional Quarterly, 12/10/15; Congressional Actions, H.R. 644]
2015: Schweikert Voted To Strengthen Enforcement Of U.S. Trade Laws Including Intellectual Property Rights And Anti-Dumping Laws As Part Of Trade Enforcement Legislation. In December 2015, Schweikert voted for legislation that according to Congressional Quarterly, "contain[ed] a number of provisions to strengthen enforcement of U.S. trade laws, including U.S. intellectual property rights and anti-dumping and countervailing duty laws." The underlying legislation "formally establish[ed] U.S. Customs and Border Protection (CBP) in statute [...] [,] require[d] semiannual currency reports on nations that are major U.S. trading partners and would direct the administration to take specific steps if it finds that a country is manipulating its currency; and would [have] amend[ed] a Trade Promotion Authority bill (to take effect as if included in enactment) to include additional trade negotiating objectives, including that trade agreements not include provisions on immigration or climate change." The vote was on a motion to concur with the Senate amendments with an amendment. The House agreed to the amendment by a vote of 240 to 190. The House and Senate later conferenced, and a final version of the bill, with some similar provisions, was signed into law. [House Vote 363, 6/12/15; Congressional Quarterly, 6/11/15; Congressional Quarterly, 6/12/15; Congressional Actions, H.R. 644]
Legislation Removed The "Current Requirement That A Party Allege That A Foreign Producer Has Made Sales Below Its Costs Before The Department Initiates An Investigation Of Sales Below Cost." According to Congressional Quarterly, "The measure provides the Commerce Department with new flexibility to select appropriate facts when a foreign party fails to cooperate with the agency's request for information in a proceeding. It also clarifies the relevant data that the International Trade Commission may examine to analyze the effects of dumped and subsidized imports on a domestic industry and improves the ITC's ability to accurately assess captive production issues. It also provides that where a particular market situation exists that distorts pricing or cost in a foreign producer's home market, the department has flexibility in calculating a duty that is not based on distorted pricing or costs. Finally, it removes the current requirement that a party allege that a foreign producer has made sales below its costs before the department initiates an investigation of sales below cost, and it clarifies that the department can disregard prices or costs of inputs that foreign producers purchase if the department has reason to believe or suspect that the inputs in question have been subsidized or dumped." [Congressional Quarterly, 6/11/15]
Legislation Formally Established The National Intellectual Property Rights Coordination Center And Required That Immigration and Customs Enforcement Train U.S. Customs and Border Protection Port Personnel To Detect Items That Infringe On Intellectual Property Rights. According to Congressional Quarterly, "The measure establishes in statute the National Intellectual Property Rights Coordination Center within ICE to coordinate federal efforts to prevent intellectual property violations. It authorizes CBP to share information with rights holders to help quickly ascertain whether a suspect good crossing the U.S. border at a port of entry violates a copyright or trademark, except in such cases as would compromise an ongoing law enforcement investigation or national security, and authorized the seizure of 'circumvention' devices in certain cases. ICE would be required to effectively train CBP port personnel to detect and identify imported goods that infringe on intellectual property rights, to work with the private sector to identify opportunities for collaboration with respect to training for officers of the agency to enforce intellectual property rights and to consult with the private sector to identify technologies that can cost-effectively identify infringing merchandise. The agency must ensure that it has enough personnel with enforcement responsibilities assigned within CBP." [Congressional Quarterly, 6/11/15]
Legislation Established A Trade Remedy Enforcement Division Within The U.S. Customs and Border Protection Which Was Designed To Prevent Trade Remedy Evasion. According to Congressional Quarterly, "The measure establishes a Trade Remedy Law Enforcement Division within CBP's Office of International Trade, dedicated to preventing and investigating trade remedy evasion and directing CBP activity concerning evasion. The division would coordinate information exchange and cooperation between CBP, ICE and other federal agencies regarding evasion, serve as the primary contact point for evasion allegations and be required to provide parties updates on the status and outcome of investigations." [Congressional Quarterly, 6/11/15]