49–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–146 

PROVIDING FOR CONSIDERATION OF THE SENATE AMENDMENT TO THE 

BILL (H.R. 1314) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO 

PROVIDE FOR A RIGHT TO AN ADMINISTRATIVE APPEAL RELATING TO 

ADVERSE DETERMINATIONS OF TAX-EXEMPT STATUS OF CERTAIN ORGANIZATIONS, AND PROVIDING FOR CONSIDERATION OF THE SENATE 

AMENDMENTS TO THE BILL (H.R. 644) TO AMEND THE INTERNAL REVENUE CODE OF 1986 TO PERMANENTLY EXTEND AND EXPAND THE 

CHARITABLE DEDUCTION FOR CONTRIBUTIONS OF FOOD INVENTORY 

JUNE 11 (legislative day, JUNE 10), 2015.—Referred to the House Calendar and 

ordered to be printed 

Mr. SESSIONS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 305] 

The Committee on Rules, having had under consideration House 

Resolution 305, by a record vote of 9 to 4, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of the Senate 

amendment to H.R. 1314, the Trade Act of 2015. The resolution 

makes in order a motion offered by the chair of the Committee on 

Ways and Means or his designee that the House concur in the Senate amendment to H.R. 1314. The resolution waives all points of 

order against consideration of the motion. The resolution provides 

that the Senate amendment and the motion shall be considered as 

read. The resolution provides one hour of debate on the motion 

equally divided and controlled by the chair and ranking minority 

member of the Committee on Ways and Means. The resolution provides that the question on adoption of the motion shall be divided 

as follows: (1) concurring in section 212 of the Senate amendment; 

(2) concurring in the matter comprising the remainder of title II of 

the Senate amendment; and (3) concurring in the matter preceding 

title II of the Senate amendment. The resolution provides that the 

first portion of the divided question shall be considered as adopted. 

The resolution provides that if any remaining portion of the divided 

question fails, then the House shall be considered to have made no 

disposition of the Senate amendment. 


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Section 2 of the resolution provides for the consideration of the 

Senate amendments to H.R. 644. The resolution makes in order a 

single motion offered by the chair of the Committee on Ways and 

Means or his designee that the House: (1) concur in the Senate 

amendment to the title; and (2) concur in the Senate amendment 

to the text with the amendment printed in part A of this report 

modified by the amendment printed in part B of this report. The 

resolution waives all points of order against consideration of the 

motion and provides that the motion is not subject to a demand for 

division of the question. The resolution provides that the Senate 

amendments and the motion shall be considered as read. The resolution provides one hour of debate on the motion equally divided 

and controlled by the chair and ranking minority member of the 

Committee on Ways and Means. The resolution provides that if the 

motion is adopted, the chair of the Committee on Ways and Means 

or his designee is then authorized to move that the House insist 

on its amendment to the Senate amendment to the text of H.R. 644 

and request a conference with the Senate thereon. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the motion related to H.R. 1314 includes a waiver of section 306 of the 

Congressional Budget Act of 1974, which prohibits consideration of 

legislation within the jurisdiction of the Committee on the Budget 

unless referred to or reported by the Budget Committee. 

Although the resolution waives all points of order against consideration of the motion related to H.R. 644, the Committee is not 

aware of any points of order. The waiver is prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 64 

Motion by Ms. Slaughter to make in order and provide the appropriate waivers for amendment #18 to H.R. 1314, offered by Rep. 

Slaughter (NY), Rep. Pascrell Jr. (NJ), Rep. Edwards (MD), Rep. 

DeFazio (OR), and Rep. DeLauro (CT), which prohibits fast track 

for trade agreements that permit the import of food, feed, or food 

ingredients or products that do not meet or exceed U.S. standards 

with respect to food safety, pesticides, inspections, packaging, and 

labeling into the United States from a country that is a party to 

the trade agreement. Defeated: 4–9 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 


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Rules Committee record vote No. 65 

Motion by Mr. McGovern to amend the rule so that the Ryan 

amendments to H.R. 644 and H.R. 1295, as well as the Senate 

amendment to H.R. 1314, are all subject to amendment on the 

floor, and considered under an open process. Defeated: 4–9 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 66 

Motion by Mr. McGovern to make in order and provide the appropriate waivers for amendments to H.R. 1314: amendment #20, 

offered by Rep. Doggett (TX), which ensures maximum accessibility 

to trade texts; amendment #21, offered by Rep. Doggett (TX), which 

strips fast track authority from any agreement that fails to improve the investor state dispute settlement system; and amendment #22, offered by Rep. Doggett (TX) and Rep. Tonko (NY), 

which strips fast track authority from an agreement that fails to 

require the parties to adopt, maintain, and implement all seven 

multilateral environmental agreements. Defeated: 4–9 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 67 

Motion by Mr. Hastings of Florida to make in order and provide 

the appropriate waivers for amendments to H.R. 1314: amendment 

#1, offered by Rep. Pocan (WI), Rep. Slaughter (NY), and Rep. 

DeFazio (OR), which prevents fast-track procedures in the underlying bill from applying to trade deals that include Investor-State 

Dispute Settlements (ISDS) provisions, which allow foreign companies to challenge U.S. laws and undermine U.S. sovereignty; 

amendment #9, offered by Rep. Lipinski (IL) and Rep. Jones (NC), 

which provides that protecting Buy American, Buy America, and 

Buy Local provisions are negotiating objectives for the United 

States Trade Representative as it negotiates free trade agreements 

under this bill; amendment #16, offered by Rep. Levin (MI), which 

ensures that fast track procedures only apply to the Trans-Pacific 

Partnership if, among other things, Congress determines that the 

final agreement satisfies detailed negotiating instructions regarding the outstanding issues in the negotiations; amendment #24, ofVerDate Sep 11 2014 06:32 Jun 11, 2015 Jkt 049008 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR146.XXX HR146

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fered by Rep. Tonko (NY), which adds climate change mitigation to 

the labor and environment negotiating objectives; amendment #25, 

offered by Rep. Cicilline (RI), Rep. Maloney (NY), Rep. Pocan (WI), 

Rep. Sa ́nchez (CA), and Rep. Lynch (MA), which prohibits the 

President from entering into trade agreements under this act with 

countries that have an established penal code that legalizes violence, criminalization, or execution of lesbian, gay, bisexual and 

transgendered individuals by reason of their actual or perceived 

sexual orientation or gender identity; amendment #27, offered by 

Rep. Lewis (GA) and Rep. Edwards (MD), which provides instructions on labor and human rights and add a procedure where, if appropriate, human rights legislation may be added to an implementing bill; and amendment #61, offered by Rep. Becerra (CA), 

which provides that fast track procedures will not apply to a trade 

agreement that does not include explicit protections for government 

health policies and programs, such as Medicare and Medicaid, from 

investment disputes. Defeated: 4–9 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 68 

Motion by Mr. Hastings of Florida to make in order and provide 

the appropriate waivers for amendment #26 to H.R. 1314, offered 

by Rep. Clawson (FL), Rep. Mulvaney (SC), Rep. Maloney (NY), 

Rep. Norcross (NJ), Rep. Tonko (NY), Rep. Pocan (WI), Rep. Perry 

(PA), Rep. Sensenbrenner Jr. (WI), Rep. Kaptur (OH), Rep. Dingell 

(MI), Rep. Walberg (MI), Rep. Duncan (SC), Rep. Slaughter (NY), 

Rep. Jones (NC), Rep. Brat (VA), Rep. Posey (FL), Rep. Brooks 

(AL), Rep. Kennedy (MA), Rep. Lawrence (MI), Rep. Franks (AZ), 

Rep. Kelly (IL), and Rep. Kildee (MI), which addresses the practice 

of currency manipulation in trade agreements. Defeated: 4–9 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 69 

Motion by Mr. Polis to make in order and provide the appropriate waivers for amendments to H.R. 1314: amendment #3, offered by Rep. Polis (CO), which sets out limitations and exceptions 

to exclusive rights as principal negotiating objectives with regard 


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to trade-related intellectual property; amendment #4, offered by 

Rep. Polis (CO), which amends the underlying bill to include the 

prohibition of illegal trade in wildlife, timber, and marine resources 

as a negotiating objective; amendment #5, offered by Rep. Polis 

(CO), which requires the President to study the impacts of any new 

free trade agreement on global greenhouse gas emissions; amendment #7, offered by Rep. Polis (CO), which clarifies that foreign investors do not receive greater rights than domestic investors in 

trade agreements; and amendment #8, offered by Rep. Polis (CO), 

which clarifies that no foreign corporation has the right to repeal 

state, federal or local laws, including laws pertaining to public 

health and safety; as well as amendment #5 to H.R. 644, offered 

by Rep. Polis (CO), which expresses the sense of congress that the 

U.S. Trade Representative (USTR) should encourage other nations 

to follow the lead of the U.S. by increasing de minimis values to 

a commercially meaningful level. Defeated: 4–9 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Nay Ms. Slaughter .................................................. Yea 

Mr. Cole ............................................................ Nay Mr. McGovern ................................................... Yea 

Mr. Woodall ...................................................... Nay Mr. Hastings of Florida ................................... Yea 

Mr. Burgess ...................................................... Nay Mr. Polis ........................................................... Yea 

Mr. Stivers ........................................................ Nay 

Mr. Collins ........................................................ Nay 

Mr. Byrne .......................................................... Nay 

Mr. Newhouse ................................................... Nay 

Mr. Sessions, Chairman ................................... Nay 

Rules Committee record vote No. 70 

Motion by Ms. Foxx to report the rule. Adopted: 9–4 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Cole ............................................................ Yea Mr. McGovern ................................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Polis ........................................................... Nay 

Mr. Stivers ........................................................ Yea 

Mr. Collins ........................................................ Yea 

Mr. Byrne .......................................................... Yea 

Mr. Newhouse ................................................... Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE HOUSE AMENDMENT IN PART A TO THE SENATE

AMENDMENT TO THE TEXT OF H.R. 644

Establishes U.S. Customs and Border Protection (CBP), provides 

tools to streamline and facilitate legitimate trade, improve trade 

enforcement, and measure progress within CBP. Strengthens Trade 

Promotion Authority (TPA) legislation and bolsters U.S.-Israel 

trade and commercial ties. 

SUMMARY OF THE MODIFICATION IN PART B TO THE HOUSE

AMENDMENT

Improves the currency title by reducing the Administration’s discretion and clearly directing action by the Administration to address unfair currency practices. Requires the Administration to 

issue clear guidance on how it intends to assess the objective criteria within 90 days of the Amendment’s enactment. 


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PART A—TEXT OF THE HOUSE AMENDMENT TO THE SENATE

AMENDMENT TO THE TEXT OF H.R. 644

In lieu of the matter proposed to be inserted by the amendment 

of the Senate to the text of the bill, insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Trade Facilitation and Trade Enforcement Act of 2015’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—TRADE FACILITATION AND TRADE ENFORCEMENT 

Sec. 101. Improving partnership programs. 

Sec. 102. Report on effectiveness of trade enforcement activities. 

Sec. 103. Priorities and performance standards for customs modernization, trade facilitation, and trade enforcement functions and programs. 

Sec. 104. Educational seminars to improve efforts to classify and appraise imported 

articles, to improve trade enforcement efforts, and to otherwise facilitate legitimate international trade. 

Sec. 105. Joint strategic plan. 

Sec. 106. Automated Commercial Environment. 

Sec. 107. International Trade Data System. 

Sec. 108. Consultations with respect to mutual recognition arrangements. 

Sec. 109. Commercial Customs Operations Advisory Committee. 

Sec. 110. Centers of Excellence and Expertise. 

Sec. 111. Commercial risk assessment targeting and trade alerts. 

Sec. 112. Report on oversight of revenue protection and enforcement measures. 

Sec. 113. Report on security and revenue measures with respect to merchandise 

transported in bond. 

Sec. 114. Importer of record program. 

Sec. 115. Establishment of new importer program. 

Sec. 116. Customs broker identification of importers. 

Sec. 117. Requirements applicable to non-resident importers. 

Sec. 118. Priority trade issues. 

Sec. 119. Appropriate congressional committees defined. 

TITLE II—IMPORT HEALTH AND SAFETY 

Sec. 201. Interagency import safety working group. 

Sec. 202. Joint import safety rapid response plan. 

Sec. 203. Training. 

TITLE III—IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY 

RIGHTS 

Sec. 301. Definition of intellectual property rights. 

Sec. 302. Exchange of information related to trade enforcement. 

Sec. 303. Seizure of circumvention devices. 

Sec. 304. Enforcement by U.S. Customs and Border Protection of works for which 

copyright registration is pending. 

Sec. 305. National Intellectual Property Rights Coordination Center. 

Sec. 306. Joint strategic plan for the enforcement of intellectual property rights. 

Sec. 307. Personnel dedicated to the enforcement of intellectual property rights. 

Sec. 308. Training with respect to the enforcement of intellectual property rights. 

Sec. 309. International cooperation and information sharing. 

Sec. 310. Report on intellectual property rights enforcement. 

Sec. 311. Information for travelers regarding violations of intellectual property 

rights. 

TITLE IV—PREVENTION OF EVASION OF ANTIDUMPING AND 

COUNTERVAILING DUTY ORDERS 

Sec. 401. Short title. 

Sec. 402. Definitions. 

Sec. 403. Application to Canada and Mexico. 


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Subtitle A—Actions Relating to Enforcement of Trade Remedy Laws 

Sec. 411. Trade remedy law enforcement division. 

Sec. 412. Collection of information on evasion of trade remedy laws. 

Sec. 413. Access to information. 

Sec. 414. Cooperation with foreign countries on preventing evasion of trade remedy 

laws. 

Sec. 415. Trade negotiating objectives. 

Subtitle B—Investigation of Evasion of Trade Remedy Laws 

Sec. 421. Procedures for investigation of evasion of antidumping and countervailing 

duty orders. 

Sec. 422. Government Accountability Office report. 

Subtitle C—Other Matters 

Sec. 431. Allocation and training of personnel. 

Sec. 432. Annual report on prevention of evasion of antidumping and countervailing duty orders. 

Sec. 433. Addressing circumvention by new shippers. 

TITLE V—IMPROVEMENTS TO ANTIDUMPING AND COUNTERVAILING 

DUTY LAWS 

Sec. 501. Short title. 

Sec. 502. Consequences of failure to cooperate with a request for information in a 

proceeding. 

Sec. 503. Definition of material injury. 

Sec. 504. Particular market situation. 

Sec. 505. Distortion of prices or costs. 

Sec. 506. Reduction in burden on Department of Commerce by reducing the number of voluntary respondents. 

Sec. 507. Application to Canada and Mexico. 

TITLE VI—ADDITIONAL ENFORCEMENT PROVISIONS 

Sec. 601. Trade enforcement priorities. 

Sec. 602. Exercise of WTO authorization to suspend concessions or other obligations under trade agreements. 

Sec. 603. Trade monitoring. 

TITLE VII—CURRENCY MANIPULATION 

Sec. 701. Enhancement of engagement on currency exchange rate and economic 

policies with certain major trading partners of the United States. 

Sec. 702. Advisory Committee on International Exchange Rate Policy. 

TITLE VIII—ESTABLISHMENT OF U.S. CUSTOMS AND BORDER 

PROTECTION 

Sec. 801. Short title. 

Sec. 802. Establishment of U.S. Customs and Border Protection. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. De minimis value. 

Sec. 902. Consultation on trade and customs revenue functions. 

Sec. 903. Penalties for customs brokers. 

Sec. 904. Amendments to chapter 98 of the Harmonized Tariff Schedule of the 

United States. 

Sec. 905. Exemption from duty of residue of bulk cargo contained in instruments 

of international traffic previously exported from the United States. 

Sec. 906. Drawback and refunds. 

Sec. 907. Office of the United States Trade Representative. 

Sec. 908. United States-Israel Trade and Commercial Enhancement. 

Sec. 909. Elimination of consumptive demand exception to prohibition on importation of goods made with convict labor, forced labor, or indentured labor; 

report. 

Sec. 910. Customs user fees. 

Sec. 911. Report on certain U.S. Customs and Border Protection agreements. 

Sec. 912. Amendments to Bipartisan Congressional Trade Priorities and Accountability Act of 2015. 

Sec. 913. Certain interest to be included in distributions under Continued Dumping 

and Subsidy Offset Act of 2000. 


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Sec. 914. Report on competitiveness of U.S. recreational performance outerwear industry. 

Sec. 915. Increase in penalty for failure to file return of tax. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) AUTOMATED COMMERCIAL ENVIRONMENT.—The term 

‘‘Automated Commercial Environment’’ means the Automated 

Commercial Environment computer system authorized under 

section 13031(f)(4) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)). 

(2) COMMISSIONER.—The term ‘‘Commissioner’’ means the 

Commissioner of U.S. Customs and Border Protection, as described in section 411(b) of the Homeland Security Act of 2002, 

as added by section 802(a) of this Act. 

(3) CUSTOMS AND TRADE LAWS OF THE UNITED STATES.—The 

term ‘‘customs and trade laws of the United States’’ includes 

the following: 

(A) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.). 

(B) Section 249 of the Revised Statutes (19 U.S.C. 3). 

(C) Section 2 of the Act of March 4, 1923 (42 Stat. 1453, 

chapter 251; 19 U.S.C. 6). 

(D) The Act of March 3, 1927 (44 Stat. 1381, chapter 

348; 19 U.S.C. 2071 et seq.). 

(E) Section 13031 of the Consolidated Omnibus Budget 

Reconciliation Act of 1985 (19 U.S.C. 58c). 

(F) Section 251 of the Revised Statutes (19 U.S.C. 66). 

(G) Section 1 of the Act of June 26, 1930 (46 Stat. 817, 

chapter 617; 19 U.S.C. 68). 

(H) The Foreign Trade Zones Act (19 U.S.C. 81a et seq.). 

(I) Section 1 of the Act of March 2, 1911 (36 Stat. 965, 

chapter 191; 19 U.S.C. 198). 

(J) The Trade Act of 1974 (19 U.S.C. 2102 et seq.). 

(K) The Trade Agreements Act of 1979 (19 U.S.C. 2501 

et seq.). 

(L) The North American Free Trade Agreement Implementation Act (19 U.S.C. 3301 et seq.). 

(M) The Uruguay Round Agreements Act (19 U.S.C. 

3501 et seq.). 

(N) The Caribbean Basin Economic Recovery Act (19 

U.S.C. 2701 et seq.). 

(O) The Andean Trade Preference Act (19 U.S.C. 3201 et 

seq.). 

(P) The African Growth and Opportunity Act (19 U.S.C. 

3701 et seq.). 

(Q) The Customs Enforcement Act of 1986 (Public Law 

99–570; 100 Stat. 3207–79). 

(R) The Customs and Trade Act of 1990 (Public Law 

101–382; 104 Stat. 629). 

(S) The Customs Procedural Reform and Simplification 

Act of 1978 (Public Law 95–410; 92 Stat. 888). 

(T) The Trade Act of 2002 (Public Law 107–210; 116 

Stat. 933). 

(U) The Convention on Cultural Property Implementation Act (19 U.S.C. 2601 et seq.). 


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(V) The Act of March 28, 1928 (45 Stat. 374, chapter 

266; 19 U.S.C. 2077 et seq.). 

(W) The Act of August 7, 1939 (53 Stat. 1263, chapter 

566). 

(X) Any other provision of law implementing a trade 

agreement. 

(Y) Any other provision of law vesting customs revenue 

functions in the Secretary of the Treasury. 

(Z) Any other provision of law relating to trade facilitation or trade enforcement that is administered by U.S. 

Customs and Border Protection on behalf of any Federal 

agency that is required to participate in the International 

Trade Data System. 

(AA) Any other provision of customs or trade law administered by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement. 

(4) PRIVATE SECTOR ENTITY.—The term ‘‘private sector entity’’ means— 

(A) an importer; 

(B) an exporter; 

(C) a forwarder; 

(D) an air, sea, or land carrier or shipper; 

(E) a contract logistics provider; 

(F) a customs broker; or 

(G) any other person (other than an employee of a government) affected by the implementation of the customs 

and trade laws of the United States. 

(5) TRADE ENFORCEMENT.—The term ‘‘trade enforcement’’ 

means the enforcement of the customs and trade laws of the 

United States. 

(6) TRADE FACILITATION.—The term ‘‘trade facilitation’’ refers 

to policies and activities of U.S. Customs and Border Protection 

with respect to facilitating the movement of merchandise into 

and out of the United States in a manner that complies with 

the customs and trade laws of the United States. 

TITLE I—TRADE FACILITATION AND 

TRADE ENFORCEMENT 

SEC. 101. IMPROVING PARTNERSHIP PROGRAMS. 

(a) IN GENERAL.—In order to advance the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border 

Protection, the Commissioner shall ensure that partnership programs of U.S. Customs and Border Protection established before 

the date of the enactment of this Act, such as the Customs–Trade 

Partnership Against Terrorism established under subtitle B of title 

II of the Security and Accountability for Every Port Act of 2006 (6 

U.S.C. 961 et seq.), and partnership programs of U.S. Customs and 

Border Protection established on or after such date of enactment, 

provide trade benefits to private sector entities that meet the requirements for participation in those programs established by the 

Commissioner under this section. 

(b) ELEMENTS.—In developing and operating partnership programs under subsection (a), the Commissioner shall— 


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(1) consult with private sector entities, the public, and other 

Federal agencies when appropriate, to ensure that participants 

in those programs receive commercially significant and measurable trade benefits, including providing pre-clearance of merchandise for qualified persons that demonstrate the highest 

levels of compliance with the customs and trade laws of the 

United States, regulations of U.S. Customs and Border Protection, and other requirements the Commissioner determines to 

be necessary; 

(2) ensure an integrated and transparent system of trade 

benefits and compliance requirements for all partnership programs of U.S. Customs and Border Protection; 

(3) consider consolidating partnership programs in situations 

in which doing so would support the objectives of such programs, increase participation in such programs, enhance the 

trade benefits provided to participants in such programs, and 

enhance the allocation of the resources of U.S. Customs and 

Border Protection; 

(4) coordinate with the Director of U.S. Immigration and 

Customs Enforcement, and other Federal agencies with authority to detain and release merchandise entering the United 

States— 

(A) to ensure coordination in the release of such merchandise through the Automated Commercial Environment, or its predecessor, and the International Trade Data 

System; 

(B) to ensure that the partnership programs of those 

agencies are compatible with the partnership programs of 

U.S. Customs and Border Protection; 

(C) to develop criteria for authorizing the release, on an 

expedited basis, of merchandise for which documentation 

is required from one or more of those agencies to clear or 

license the merchandise for entry into the United States; 

and 

(D) to create pathways, within and among the appropriate Federal agencies, for qualified persons that demonstrate the highest levels of compliance with the customs 

and trade laws of the United States to receive immediate 

clearance absent information that a transaction may pose 

a national security or compliance threat; and 

(5) ensure that trade benefits are provided to participants in 

partnership programs. 

(c) REPORT REQUIRED.—Not later than the date that is 180 days 

after the date of the enactment of this Act, and not later than December 31 of each calendar year thereafter, the Commissioner shall 

submit to the appropriate congressional committees a report that— 

(1) identifies each partnership program referred to in subsection (a); 

(2) for each such program, identifies— 

(A) the requirements for participants in the program; 

(B) the commercially significant and measurable trade 

benefits provided to participants in the program; 

(C) the number of participants in the program; and 


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(D) in the case of a program that provides for participation at multiple tiers, the number of participants at each 

such tier; 

(3) identifies the number of participants enrolled in more 

than one such partnership program; 

(4) assesses the effectiveness of each such partnership program in advancing the security, trade enforcement, and trade 

facilitation missions of U.S. Customs and Border Protection, 

based on historical developments, the level of participation in 

the program, and the evolution of benefits provided to participants in the program; 

(5) summarizes the efforts of U.S. Customs and Border Protection to work with other Federal agencies with authority to 

detain and release merchandise entering the United States to 

ensure that partnership programs of those agencies are compatible with partnership programs of U.S. Customs and Border 

Protection; 

(6) summarizes criteria developed with those agencies for authorizing the release, on an expedited basis, of merchandise for 

which documentation is required from one or more of those 

agencies to clear or license the merchandise for entry into the 

United States; 

(7) summarizes the efforts of U.S. Customs and Border Protection to work with private sector entities and the public to 

develop and improve partnership programs referred to in subsection (a); 

(8) describes measures taken by U.S. Customs and Border 

Protection to make private sector entities aware of the trade 

benefits available to participants in such programs; and 

(9) summarizes the plans, targets, and goals of U.S. Customs 

and Border Protection with respect to such programs for the 2 

years following the submission of the report. 

SEC. 102. REPORT ON EFFECTIVENESS OF TRADE ENFORCEMENT ACTIVITIES. 

(a) IN GENERAL.—Not later than one year after the date of the 

enactment of this Act, the Comptroller General of the United 

States shall submit to the appropriate congressional committees a 

report on the effectiveness of trade enforcement activities of U.S. 

Customs and Border Protection. 

(b) CONTENTS.—The report required by subsection (a) shall include— 

(1) a description of the use of resources, results of audits and 

verifications, targeting, organization, and training of personnel 

of U.S. Customs and Border Protection; and 

(2) a description of trade enforcement activities to address 

undervaluation, transshipment, legitimacy of entities making 

entry, protection of revenues, fraud prevention and detection, 

and penalties, including intentional misclassification, inadequate bonding, and other misrepresentations. 

SEC. 103. PRIORITIES AND PERFORMANCE STANDARDS FOR CUSTOMS 

MODERNIZATION, TRADE FACILITATION, AND TRADE ENFORCEMENT FUNCTIONS AND PROGRAMS. 

(a) PRIORITIES AND PERFORMANCE STANDARDS.— 

(1) IN GENERAL.—The Commissioner, in consultation with 

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ities and performance standards to measure the development 

and levels of achievement of the customs modernization, trade 

facilitation, and trade enforcement functions and programs described in subsection (b). 

(2) MINIMUM PRIORITIES AND STANDARDS.—Such priorities 

and performance standards shall, at a minimum, include priorities and standards relating to efficiency, outcome, output, and 

other types of applicable measures. 

(b) FUNCTIONS AND PROGRAMS DESCRIBED.—The functions and 

programs referred to in subsection (a) are the following: 

(1) The Automated Commercial Environment. 

(2) Each of the priority trade issues described in section 118. 

(3) The Centers of Excellence and Expertise described in section 110. 

(4) Drawback for exported merchandise under section 313 of 

the Tariff Act of 1930 (19 U.S.C. 1313), as amended by section 

906 of this Act. 

(5) Transactions relating to imported merchandise in bond. 

(6) Collection of countervailing duties assessed under subtitle 

A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) 

and antidumping duties assessed under subtitle B of title VII 

of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.). 

(7) The expedited clearance of cargo. 

(8) The issuance of regulations and rulings. 

(9) The issuance of Regulatory Audit Reports. 

(c) CONSULTATIONS AND NOTIFICATION.— 

(1) CONSULTATIONS.—The consultations required by subsection (a)(1) shall occur, at a minimum, on an annual basis. 

(2) NOTIFICATION.—The Commissioner shall notify the appropriate congressional committees of any changes to the priorities referred to in subsection (a) not later than 30 days before 

such changes are to take effect. 

SEC. 104. EDUCATIONAL SEMINARS TO IMPROVE EFFORTS TO CLASSIFY AND APPRAISE IMPORTED ARTICLES, TO IMPROVE 

TRADE ENFORCEMENT EFFORTS, AND TO OTHERWISE FACILITATE LEGITIMATE INTERNATIONAL TRADE. 

(a) IN GENERAL.— 

(1) ESTABLISHMENT.—The Commissioner and the Director 

shall establish and carry out on a fiscal year basis educational 

seminars to— 

(A) improve the ability of U.S. Customs and Border Protection personnel to classify and appraise articles imported 

into the United States in accordance with the customs and 

trade laws of the United States; 

(B) improve the trade enforcement efforts of U.S. Customs and Border Protection personnel and U.S. Immigration and Customs Enforcement personnel; and 

(C) otherwise improve the ability and effectiveness of 

U.S. Customs and Border Protection personnel and U.S. 

Immigration and Customs Enforcement personnel to facilitate legitimate international trade. 

(b) CONTENT.— 

(1) CLASSIFYING AND APPRAISING IMPORTED ARTICLES.—In 

carrying out subsection (a)(1)(A), the Commissioner, the Director, and interested parties in the private sector selected under 


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subsection (c) shall provide instruction and related instructional materials at each educational seminar under this section 

to U.S. Customs and Border Protection personnel and, as appropriate, to U.S. Immigration and Customs Enforcement personnel on the following: 

(A) Conducting a physical inspection of an article imported into the United States, including testing of samples 

of the article, to determine if the article is mislabeled in 

the manifest or other accompanying documentation. 

(B) Reviewing the manifest and other accompanying documentation of an article imported into the United States 

to determine if the country of origin of the article listed in 

the manifest or other accompanying documentation is accurate. 

(C) Customs valuation. 

(D) Industry supply chains and other related matters as 

determined to be appropriate by the Commissioner. 

(2) TRADE ENFORCEMENT EFFORTS.—In carrying out subsection (a)(1)(B), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) 

shall provide instruction and related instructional materials at 

each educational seminar under this section to U.S. Customs 

and Border Protection personnel and, as appropriate, to U.S. 

Immigration and Customs Enforcement personnel to identify 

opportunities to enhance enforcement of the following: 

(A) Collection of countervailing duties assessed under 

subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 

1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 

et seq.). 

(B) Addressing evasion of duties on imports of textiles. 

(C) Protection of intellectual property rights. 

(D) Enforcement of child labor laws. 

(3) APPROVAL OF COMMISSIONER AND DIRECTOR.—The instruction and related instructional materials at each educational 

seminar under this section shall be subject to the approval of 

the Commissioner and the Director. 

(c) SELECTION PROCESS.— (1) IN GENERAL.—The Commissioner shall establish a process 

to solicit, evaluate, and select interested parties in the private 

sector for purposes of assisting in providing instruction and related instructional materials described in subsection (b) at each 

educational seminar under this section. 

(2) CRITERIA.—The Commissioner shall evaluate and select 

interested parties in the private sector under the process established under paragraph (1) based on— 

(A) availability and usefulness; 

(B) the volume, value, and incidence of mislabeling or 

misidentification of origin of imported articles; and 

(C) other appropriate criteria established by the Commissioner. 

(3) PUBLIC AVAILABILITY.—The Commissioner and the Director shall publish in the Federal Register a detailed description 

of the process established under paragraph (1) and the criteria 

established under paragraph (2). 


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(d) SPECIAL RULE FOR ANTIDUMPING AND COUNTERVAILING DUTY

ORDERS.— 

(1) IN GENERAL.—The Commissioner shall give due consideration to carrying out an educational seminar under this section 

in whole or in part to improve the ability of U.S. Customs and 

Border Protection personnel to enforce a countervailing or antidumping duty order issued under section 706 or 736 of the 

Tariff Act of 1930 (19 U.S.C. 1671e or 1673e) upon the request 

of a petitioner in an action underlying such countervailing or 

antidumping duty order. 

(2) INTERESTED PARTY.—A petitioner described in paragraph 

(1) shall be treated as an interested party in the private sector 

for purposes of the requirements of this section. 

(e) PERFORMANCE STANDARDS.—The Commissioner and the Director shall establish performance standards to measure the development and level of achievement of educational seminars under 

this section. 

(f) REPORTING.—Beginning September 30, 2016, the Commissioner and the Director shall submit to the appropriate congressional committees an annual report on the effectiveness of educational seminars under this section. 

(g) DEFINITIONS.—In this section: 

(1) DIRECTOR.—The term ‘‘Director’’ means the Director of 

U.S. Immigration and Customs Enforcement. 

(2) UNITED STATES.—The term ‘‘United States’’ means the 

customs territory of the United States, as defined in General 

Note 2 to the Harmonized Tariff Schedule of the United States. 

(3) U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.—The 

term ‘‘U.S. Customs and Border Protection personnel’’ means 

import specialists, auditors, and other appropriate employees 

of the U.S. Customs and Border Protection. 

(4) U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT PER- SONNEL.—The term ‘‘U.S. Immigration and Customs Enforcement personnel’’ means Homeland Security Investigations Directorate personnel and other appropriate employees of U.S. 

Immigration and Customs Enforcement. 

SEC. 105. JOINT STRATEGIC PLAN. 

(a) IN GENERAL.—Not later than one year after the date of the 

enactment of this Act, and every 2 years thereafter, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly develop and submit to the appropriate congressional committees a joint strategic plan. 

(b) CONTENTS.—The joint strategic plan required under this section shall be comprised of a comprehensive multi-year plan for 

trade enforcement and trade facilitation, and shall include— 

(1) a summary of actions taken during the 2-year period preceding the submission of the plan to improve trade enforcement and trade facilitation, including a description and analysis of specific performance measures to evaluate the progress 

of U.S. Customs and Border Protection and U.S. Immigration 

and Customs Enforcement in meeting each such responsibility; 

(2) a statement of objectives and plans for further improving 

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hance trade enforcement and trade facilitation, and a description of strategies and plans for addressing each such issue; 

(4) a description of efforts made to improve consultation and 

coordination among and within Federal agencies, and in particular between U.S. Customs and Border Protection and U.S. 

Immigration and Customs Enforcement, regarding trade enforcement and trade facilitation; 

(5) a description of the training that has occurred to date 

within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to improve trade enforcement 

and trade facilitation, including training under section 104; 

(6) a description of efforts to work with the World Customs 

Organization and other international organizations, in consultation with other Federal agencies as appropriate, with respect to enhancing trade enforcement and trade facilitation; 

(7) a description of U.S. Custom and Border Protection organizational benchmarks for optimizing staffing and wait times 

at ports of entry; 

(8) a specific identification of any domestic or international 

best practices that may further improve trade enforcement and 

trade facilitation; 

(9) any legislative recommendations to further improve trade 

enforcement and trade facilitation; and 

(10) a description of efforts made to improve consultation 

and coordination with the private sector to enhance trade enforcement and trade facilitation. 

(c) CONSULTATIONS.— 

(1) IN GENERAL.—In developing the joint strategic plan required under this section, the Commissioner and the Director 

of U.S. Immigration and Customs Enforcement shall consult 

with— 

(A) appropriate officials from the relevant Federal agencies, including— 

(i) the Department of the Treasury; 

(ii) the Department of Agriculture; 

(iii) the Department of Commerce; 

(iv) the Department of Justice; 

(v) the Department of the Interior; 

(vi) the Department of Health and Human Services; 

(vii) the Food and Drug Administration; 

(viii) the Consumer Product Safety Commission; and 

(ix) the Office of the United States Trade Representative; and 

(B) the Commercial Customs Operations Advisory Committee established by section 109. 

(2) OTHER CONSULTATIONS.—In developing the joint strategic 

plan required under this section, the Commissioner and the Director shall seek to consult with— 

(A) appropriate officials from relevant foreign law enforcement agencies and international organizations, including the World Customs Organization; and 

(B) interested parties in the private sector. 


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SEC. 106. AUTOMATED COMMERCIAL ENVIRONMENT. 

(a) FUNDING.—Section 13031(f)(4)(B) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)(B)) is 

amended— 

(1) by striking ‘‘2003 through 2005’’ and inserting ‘‘2016 

through 2018’’; 

(2) by striking ‘‘such amounts as are available in that Account’’ and inserting ‘‘not less than $153,736,000’’; and 

(3) by striking ‘‘for the development’’ and inserting ‘‘to complete the development and implementation’’. 

(b) REPORT.—Section 311(b)(3) of the Customs Border Security 

Act of 2002 (19 U.S.C. 2075 note) is amended to read as follows: 

‘‘(3) REPORT.— 

‘‘(A) IN GENERAL.—Not later than December 31, 2016, 

the Commissioner of U.S. Customs and Border Protection 

shall submit to the Committee on Appropriations and the 

Committee on Finance of the Senate and the Committee 

on Appropriations and the Committee on Ways and Means 

of the House of Representatives a report detailing— 

‘‘(i) U.S. Customs and Border Protection’s incorporation of all core trade processing capabilities, including 

cargo release, entry summary, cargo manifest, cargo financial data, and export data elements into the Automated Commercial Environment computer system authorized under section 13031(f)(4) of the Consolidated 

Omnibus Budget and Reconciliation Act of 1985 (19 

U.S.C. 58c(f)(4)) not later than September 30, 2016, to 

conform with the admissibility criteria of agencies participating in the International Trade Data System 

identified pursuant to section 411(d)(4)(A)(iii) of the 

Tariff Act of 1930; 

‘‘(ii) U.S. Customs and Border Protection’s remaining priorities for processing entry summary data elements, cargo manifest data elements, cargo financial 

data elements, and export elements in the Automated 

Commercial Environment computer system, and the 

objectives and plans for implementing these remaining 

priorities; 

‘‘(iii) the components of the National Customs Automation Program specified in subsection (a)(2) of section 411 of the Tariff Act of 1930 that have not been 

implemented; and 

‘‘(iv) any additional components of the National Customs Automation Program initiated by the Commissioner to complete the development, establishment, 

and implementation of the Automated Commercial Environment computer system. 

‘‘(B) UPDATE OF REPORTS.—Not later than September 30, 

2017, the Commissioner shall submit to the Committee on 

Appropriations and the Committee on Finance of the Senate and the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives an updated report addressing each of the matters referred to in subparagraph (A), and— 


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‘‘(i) evaluating the effectiveness of the implementation of the Automated Commercial Environment computer system; and 

‘‘(ii) detailing the percentage of trade processed in 

the Automated Commercial Environment every month 

since September 30, 2016.’’. 

(c) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—Not later 

than December 31, 2017, the Comptroller General of the United 

States shall submit to the Committee on Appropriations and the 

Committee on Finance of the Senate and the Committee on Appropriations and the Committee on Ways and Means of the House of 

Representatives a report— 

(1) assessing the progress of other Federal agencies in accessing and utilizing the Automated Commercial Environment; 

and 

(2) assessing the potential cost savings to the United States 

Government and importers and exporters and the potential 

benefits to enforcement of the customs and trade laws of the 

United States if the elements identified in clauses (i) through 

(iv) of section 311(b)(3)(A) of the Customs Border Security Act 

of 2002, as amended by subsection (b) of this section, are implemented. 

SEC. 107. INTERNATIONAL TRADE DATA SYSTEM. 

Section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) is 

amended— 

(1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively; 

(2) by inserting after paragraph (3) the following: 

‘‘(4) INFORMATION TECHNOLOGY INFRASTRUCTURE.— ‘‘(A) IN GENERAL.—The Secretary shall work with the 

head of each agency participating in the ITDS and the 

Interagency Steering Committee to ensure that each agency— 

‘‘(i) develops and maintains the necessary information technology infrastructure to support the operation 

of the ITDS and to submit all data to the ITDS electronically; 

‘‘(ii) enters into a memorandum of understanding, or 

takes such other action as is necessary, to provide for 

the information sharing between the agency and U.S. 

Customs and Border Protection necessary for the operation and maintenance of the ITDS; 

‘‘(iii) not later than June 30, 2016, identifies and 

transmits to the Commissioner of U.S. Customs and 

Border Protection the admissibility criteria and data 

elements required by the agency to authorize the release of cargo by U.S. Customs and Border Protection 

for incorporation into the operational functionality of 

the Automated Commercial Environment computer 

system authorized under section 13031(f)(4) of the 

Consolidated Omnibus Budget and Reconciliation Act 

of 1985 (19 U.S.C. 58c(f)(4)); and 

‘‘(iv) not later than December 31, 2016, utilizes the 

ITDS as the primary means of receiving from users 

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mentation, exclusive of applications for permits, licenses, or certifications required for the release of imported cargo and clearance of cargo for export. 

‘‘(B) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to require any action to be taken 

that would compromise an ongoing law enforcement investigation or national security.’’; and 

(3) in paragraph (8), as redesignated, by striking ‘‘section 

9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 

U.S.C. 2071 note)’’ and inserting ‘‘section 109 of the Trade Facilitation and Trade Enforcement Act of 2015’’. 

SEC. 108. CONSULTATIONS WITH RESPECT TO MUTUAL RECOGNITION 

ARRANGEMENTS. 

(a) CONSULTATIONS.—The Secretary of Homeland Security, with 

respect to any proposed mutual recognition arrangement or similar 

agreement between the United States and a foreign government 

providing for mutual recognition of supply chain security programs 

and customs revenue functions, shall consult— 

(1) not later than 30 days before initiating negotiations to 

enter into any such arrangement or similar agreement, with 

the appropriate congressional committees; and 

(2) not later than 30 days before entering into any such arrangement or similar agreement, with the appropriate congressional committees. 

(b) NEGOTIATING OBJECTIVE.—It shall be a negotiating objective 

of the United States in any negotiation for a mutual recognition arrangement with a foreign country on partnership programs, such 

as the Customs-Trade Partnership Against Terrorism established 

under subtitle B of title II of the Security and Accountability for 

Every Port Act of 2006 (6 U.S.C. 961 et seq.), to seek to ensure the 

compatibility of the partnership programs of that country with the 

partnership programs of U.S. Customs and Border Protection to enhance security, trade facilitation, and trade enforcement. 

SEC. 109. COMMERCIAL CUSTOMS OPERATIONS ADVISORY COMMITTEE. 

(a) ESTABLISHMENT.—Not later than the date that is 60 days 

after the date of the enactment of this Act, the Secretary of the 

Treasury and the Secretary of Homeland Security shall jointly establish a Commercial Customs Operations Advisory Committee (in 

this section referred to as the ‘‘Advisory Committee’’). 

(b) MEMBERSHIP.— 

(1) IN GENERAL.—The Advisory Committee shall be comprised of— 

(A) 20 individuals appointed under paragraph (2); 

(B) the Assistant Secretary for Tax Policy of the Department of the Treasury and the Commissioner, who shall 

jointly co-chair meetings of the Advisory Committee; and 

(C) the Assistant Secretary for Policy and the Director of 

U.S. Immigration and Customs Enforcement of the Department of Homeland Security, who shall serve as deputy cochairs of meetings of the Advisory Committee. 

(2) APPOINTMENT.— 

(A) IN GENERAL.—The Secretary of the Treasury and the 

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dividuals from the private sector to the Advisory Committee. 

(B) REQUIREMENTS.—In making appointments under 

subparagraph (A), the Secretary of the Treasury and the 

Secretary of Homeland Security shall appoint members— 

(i) to ensure that the membership of the Advisory 

Committee is representative of the individuals and 

firms affected by the commercial operations of U.S. 

Customs and Border Protection; and 

(ii) without regard to political affiliation. 

(C) TERMS.—Each individual appointed to the Advisory 

Committee under this paragraph shall be appointed for a 

term of not more than 3 years, and may be reappointed to 

subsequent terms, but may not serve more than 2 terms 

sequentially. 

(3) TRANSFER OF MEMBERSHIP.—The Secretary of the Treasury and the Secretary of Homeland Security may transfer 

members serving on the Advisory Committee on Commercial 

Operations of the United States Customs Service established 

under section 9503(c) of the Omnibus Budget Reconciliation 

Act of 1987 (19 U.S.C. 2071 note) on the day before the date 

of the enactment of this Act to the Advisory Committee established under subsection (a). 

(c) DUTIES.—The Advisory Committee established under subsection (a) shall— 

(1) advise the Secretary of the Treasury and the Secretary of 

Homeland Security on all matters involving the commercial operations of U.S. Customs and Border Protection, including advising with respect to significant changes that are proposed 

with respect to regulations, policies, or practices of U.S. Customs and Border Protection; 

(2) provide recommendations to the Secretary of the Treasury and the Secretary of Homeland Security on improvements 

to the commercial operations of U.S. Customs and Border Protection; 

(3) collaborate in developing the agenda for Advisory Committee meetings; and 

(4) perform such other functions relating to the commercial 

operations of U.S. Customs and Border Protection as prescribed by law or as the Secretary of the Treasury and the Secretary of Homeland Security jointly direct. 

(d) MEETINGS.— 

(1) IN GENERAL.—The Advisory Committee shall meet at the 

call of the Secretary of the Treasury and the Secretary of 

Homeland Security, or at the call of not less than 2⁄3 of the 

membership of the Advisory Committee. The Advisory Committee shall meet at least 4 times each calendar year. 

(2) OPEN MEETINGS.—Notwithstanding section 10(a) of the 

Federal Advisory Committee Act (5 U.S.C. App.), the Advisory 

Committee meetings shall be open to the public unless the Secretary of the Treasury or the Secretary of Homeland Security 

determines that the meeting will include matters the disclosure of which would compromise the development of policies, 

priorities, or negotiating objectives or positions that could impact the commercial operations of U.S. Customs and Border 


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Protection or the operations or investigations of U.S. Immigration and Customs Enforcement. 

(e) ANNUAL REPORT.—Not later than December 31, 2016, and annually thereafter, the Advisory Committee shall submit to the 

Committee on Finance of the Senate and the Committee on Ways 

and Means of the House of Representatives a report that— 

(1) describes the activities of the Advisory Committee during 

the preceding fiscal year; and 

(2) sets forth any recommendations of the Advisory Committee regarding the commercial operations of U.S. Customs 

and Border Protection. 

(f) TERMINATION.—Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory 

committees) shall not apply to the Advisory Committee. 

(g) CONFORMING AMENDMENT.— 

(1) IN GENERAL.—Effective on the date on which the Advisory Committee is established under subsection (a), section 

9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 

U.S.C. 2071 note) is repealed. 

(2) REFERENCE.—Any reference in law to the Advisory Committee on Commercial Operations of the United States Customs Service established under section 9503(c) of the Omnibus 

Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) made 

on or after the date on which the Advisory Committee is established under subsection (a), shall be deemed a reference to the 

Commercial Customs Operations Advisory Committee established under subsection (a). 

SEC. 110. CENTERS OF EXCELLENCE AND EXPERTISE. 

(a) IN GENERAL.—The Commissioner shall, in consultation with 

the appropriate congressional committees and the Commercial Customs Operations Advisory Committee established by section 109, 

develop and implement Centers of Excellence and Expertise 

throughout U.S. Customs and Border Protection that— 

(1) enhance the economic competitiveness of the United 

States by consistently enforcing the laws and regulations of the 

United States at all ports of entry of the United States and by 

facilitating the flow of legitimate trade through increasing industry-based knowledge; 

(2) improve enforcement efforts, including enforcement of priority trade issues described in section 118, in specific industry 

sectors through the application of targeting information from 

the National Targeting Center under section 111 and from 

other means of verification; 

(3) build upon the expertise of U.S. Customs and Border Protection in particular industry operations, supply chains, and 

compliance requirements; 

(4) promote the uniform implementation at each port of 

entry of the United States of policies and regulations relating 

to imports; 

(5) centralize the trade enforcement and trade facilitation efforts of U.S. Customs and Border Protection; 

(6) formalize an account-based approach to apply, as the 

Commissioner determines appropriate, to the importation of 

merchandise into the United States; 


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(7) foster partnerships though the expansion of trade programs and other trusted partner programs; 

(8) develop applicable performance measurements to meet internal efficiency and effectiveness goals; and 

(9) whenever feasible, facilitate a more efficient flow of information between Federal agencies. 

(b) REPORT.—Not later than December 31, 2016, the Commissioner shall submit to the appropriate congressional committees a 

report describing— 

(1) the scope, functions, and structure of each Center of Excellence and Expertise developed and implemented under subsection (a); 

(2) the effectiveness of each such Center of Excellence and 

Expertise in improving enforcement efforts, including enforcement of priority trade issues described in section 118, and facilitating legitimate trade; 

(3) the quantitative and qualitative benefits of each such 

Center of Excellence and Expertise to the trade community, including through fostering partnerships through the expansion 

of trade programs such as the Importer Self Assessment program and other trusted partner programs; 

(4) all applicable performance measurements with respect to 

each such Center of Excellence and Expertise, including performance measures with respect to meeting internal efficiency 

and effectiveness goals; 

(5) the performance of each such Center of Excellence and 

Expertise in increasing the accuracy and completeness of data 

with respect to international trade and facilitating a more efficient flow of information between Federal agencies; and 

(6) any planned changes in the number, scope, functions or 

any other aspect of the Centers of Excellence and Expertise developed and implemented under subsection (a). 

SEC. 111. COMMERCIAL RISK ASSESSMENT TARGETING AND TRADE 

ALERTS. 

(a) COMMERCIAL RISK ASSESSMENT TARGETING.—In carrying out 

its duties under section 411(g)(4) of the Homeland Security Act of 

2002, as added by section 802(a) of this Act, the National Targeting 

Center shall— 

(1) establish targeted risk assessment methodologies and 

standards— 

(A) for evaluating the risk that cargo destined for the 

United States may violate the customs and trade laws of 

the United States, particularly those laws applicable to 

merchandise subject to the priority trade issues described 

in section 118; and 

(B) for issuing, as appropriate, Trade Alerts described in 

subsection (b); 

(2) to the extent practicable and otherwise authorized by 

law, use, to administer the methodologies and standards established under paragraph (1)— 

(A) publicly available information; 

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tem, the TECS (formerly known as the ‘‘Treasury Enforcement Communications System’’), the case management 

system of U.S. Immigration and Customs Enforcement, 

and any successor systems; and 

(C) information made available to the National Targeting Center, including information provided by private 

sector entities; and 

(3) provide for the receipt and transmission to the appropriate U.S. Customs and Border Protection offices of allegations from interested parties in the private sector of violations 

of customs and trade laws of the United States of merchandise 

relating to the priority trade issues described in section 118. 

(b) TRADE ALERTS.— 

(1) ISSUANCE.—In carrying out its duties under section 

411(g)(4) of the Homeland Security Act of 2002, as added by 

section 802(a) of this Act, and based upon the application of 

the targeted risk assessment methodologies and standards established under subsection (a), the Executive Director of the 

National Targeting Center may issue Trade Alerts to directors 

of United States ports of entry directing further inspection, or 

physical examination or testing, of specific merchandise to ensure compliance with all applicable customs and trade laws 

and regulations administered by U.S. Customs and Border Protection. 

(2) DETERMINATIONS NOT TO IMPLEMENT TRADE ALERTS.—The 

director of a United States port of entry may determine not to 

conduct further inspections, or physical examination or testing, 

pursuant to a Trade Alert issued under paragraph (1) if— 

(A) the director finds that such a determination is justified by port security interests; and 

(B) not later than 48 hours after making the determination, notifies the Assistant Commissioner of the Office of 

Field Operations of U.S. Customs and Border Protection of 

the determination and the reasons for the determination. 

(3) SUMMARY OF DETERMINATIONS NOT TO IMPLEMENT.—The 

Assistant Commissioner of the Office of Field Operations of 

U.S. Customs and Border Protection shall— 

(A) compile an annual public summary of all determinations by directors of United States ports of entry under 

paragraph (2) and the reasons for those determinations; 

(B) conduct an evaluation of the utilization of Trade 

Alerts issued under paragraph (1); and 

(C) not later than December 31 of each year, submit the 

summary to the appropriate congressional committees. 

(4) INSPECTION DEFINED.—In this subsection, the term ‘‘inspection’’ means the comprehensive evaluation process used by 

U.S. Customs and Border Protection, other than physical examination or testing, to permit the entry of merchandise into 

the United States, or the clearance of merchandise for transportation in bond through the United States, for purposes of— 

(A) assessing duties; 

(B) identifying restricted or prohibited items; and 

(C) ensuring compliance with all applicable customs and 

trade laws and regulations administered by U.S. Customs 

and Border Protection. 


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(c) USE OF TRADE DATA FOR COMMERCIAL ENFORCEMENT PUR- POSES.—Section 343(a)(3)(F) of the Trade Act of 2002 (19 U.S.C. 

2071 note) is amended to read as follows: 

‘‘(F) The information collected pursuant to the regulations shall be used exclusively for ensuring cargo safety 

and security, preventing smuggling, and commercial risk 

assessment targeting, and shall not be used for any commercial enforcement purposes, including for determining 

merchandise entry. Notwithstanding the preceding sentence, nothing in this section shall be treated as amending, 

repealing, or otherwise modifying title IV of the Tariff Act 

of 1930 or regulations promulgated thereunder.’’. 

SEC. 112. REPORT ON OVERSIGHT OF REVENUE PROTECTION AND ENFORCEMENT MEASURES. 

(a) IN GENERAL.—Not later the March 31, 2016, and not later 

than March 31 of each second year thereafter, the Inspector General of the Department of the Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and 

Means of the House of Representatives a report assessing, with respect to the period covered by the report, as specified in subsection 

(b), the following: 

(1) The effectiveness of the measures taken by U.S. Customs 

and Border Protection with respect to protection of revenue, including— 

(A) the collection of countervailing duties assessed under 

subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 

1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 

et seq.); 

(B) the assessment, collection, and mitigation of commercial fines and penalties; 

(C) the use of bonds, including continuous and single 

transaction bonds, to secure that revenue; and 

(D) the adequacy of the policies of U.S. Customs and 

Border Protection with respect to the monitoring and 

tracking of merchandise transported in bond and collecting 

duties, as appropriate. 

(2) The effectiveness of actions taken by U.S. Customs and 

Border Protection to measure accountability and performance 

with respect to protection of revenue. 

(3) The number and outcome of investigations instituted by 

U.S. Customs and Border Protection with respect to the underpayment of duties. 

(4) The effectiveness of training with respect to the collection 

of duties provided for personnel of U.S. Customs and Border 

Protection. 

(b) PERIOD COVERED BY REPORT.—Each report required by subsection (a) shall cover the period of 2 fiscal years ending on September 30 of the calendar year preceding the submission of the report. 

SEC. 113. REPORT ON SECURITY AND REVENUE MEASURES WITH RESPECT TO MERCHANDISE TRANSPORTED IN BOND. 

(a) IN GENERAL.—Not later than December 31 of 2016, 2017, and 

2018, the Secretary of Homeland Security and the Secretary of the 

Treasury shall jointly submit to the Committee on Finance of the 


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Senate and the Committee on Ways and Means of the House of 

Representatives a report on efforts undertaken by U.S. Customs 

and Border Protection to ensure the secure transportation of merchandise in bond through the United States and the collection of 

revenue owed upon the entry of such merchandise into the United 

States for consumption. 

(b) ELEMENTS.—Each report required by subsection (a) shall include, for the fiscal year preceding the submission of the report, information on— 

(1) the overall number of entries of merchandise for transportation in bond through the United States; 

(2) the ports at which merchandise arrives in the United 

States for transportation in bond and at which records of the 

arrival of such merchandise are generated; 

(3) the average time taken to reconcile such records with the 

records at the final destination of the merchandise in the 

United States to demonstrate that the merchandise reaches its 

final destination or is re-exported; 

(4) the average time taken to transport merchandise in bond 

from the port at which the merchandise arrives in the United 

States to its final destination in the United States; 

(5) the total amount of duties, taxes, and fees owed with respect to shipments of merchandise transported in bond and the 

total amount of such duties, taxes, and fees paid; 

(6) the total number of notifications by carriers of merchandise being transported in bond that the destination of the merchandise has changed; and 

(7) the number of entries that remain unreconciled. 

SEC. 114. IMPORTER OF RECORD PROGRAM. 

(a) ESTABLISHMENT.—Not later than the date that is 180 days 

after the date of the enactment of this Act, the Secretary of Homeland Security shall establish an importer of record program to assign and maintain importer of record numbers. 

(b) REQUIREMENTS.—The Secretary shall ensure that, as part of 

the importer of record program, U.S. Customs and Border Protection— 

(1) develops criteria that importers must meet in order to obtain an importer of record number, including— 

(A) criteria to ensure sufficient information is collected 

to allow U.S. Customs and Border Protection to verify the 

existence of the importer requesting the importer of record 

number; 

(B) criteria to ensure sufficient information is collected 

to allow U.S. Customs and Border Protection to identify 

linkages or other affiliations between importers that are 

requesting or have been assigned importer of record numbers; and 

(C) criteria to ensure sufficient information is collected 

to allow U.S. Customs and Border Protection to identify 

changes in address and corporate structure of importers; 

(2) provides a process by which importers are assigned importer of record numbers; 

(3) maintains a centralized database of importer of record 

numbers, including a history of importer of record numbers asVerDate Sep 11 2014 06:32 Jun 11, 2015 Jkt 049008 PO 00000 Frm 00024 Fmt 6659 Sfmt 6602 E:\HR\OC\HR146.XXX HR146

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sociated with each importer, and the information described in 

subparagraphs (A), (B), and (C) of paragraph (1); 

(4) evaluates and maintains the accuracy of the database if 

such information changes; and 

(5) takes measures to ensure that duplicate importer of 

record numbers are not issued. 

(c) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary 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 the importer of record 

program established under subsection (a). 

(d) NUMBER DEFINED.—In this subsection, the term ‘‘number’’, 

with respect to an importer of record, means a filing identification 

number described in section 24.5 of title 19, Code of Federal Regulations (or any corresponding similar regulation) that fully supports 

the requirements of subsection (b) with respect to the collection and 

maintenance of information. 

SEC. 115. ESTABLISHMENT OF NEW IMPORTER PROGRAM. 

(a) IN GENERAL.—Not later than the date that is 180 days after 

the date of the enactment of this Act, the Commissioner shall establish a new importer program that directs U.S. Customs and Border Protection to adjust bond amounts for new importers based on 

the level of risk assessed by U.S. Customs and Border Protection 

for protection of revenue of the Federal Government. 

(b) REQUIREMENTS.—The Commissioner shall ensure that, as 

part of the new importer program established under subsection (a), 

U.S. Customs and Border Protection— 

(1) develops risk-based criteria for determining which importers are considered to be new importers for the purposes of 

this subsection; 

(2) develops risk assessment guidelines for new importers to 

determine if and to what extent— 

(A) to adjust bond amounts of imported products of new 

importers; and 

(B) to increase screening of imported products of new importers; 

(3) develops procedures to ensure increased oversight of imported products of new importers relating to the enforcement 

of the priority trade issues described in section 118; 

(4) develops procedures to ensure increased oversight of imported products of new importers by Centers of Excellence and 

Expertise established under section 110; and 

(5) establishes a centralized database of new importers to ensure accuracy of information that is required to be provided by 

new importers to U.S. Customs and Border Protection. 

SEC. 116. CUSTOMS BROKER IDENTIFICATION OF IMPORTERS. 

(a) IN GENERAL.—Section 641 of the Tariff Act of 1930 (19 U.S.C. 

1641) is amended by adding at the end the following: 

‘‘(i) IDENTIFICATION OF IMPORTERS.— 

‘‘(1) IN GENERAL.—The Secretary shall prescribe regulations 

setting forth the minimum standards for customs brokers and 

importers, including nonresident importers, regarding the identity of the importer that shall apply in connection with the importation of merchandise into the United States. 


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‘‘(2) MINIMUM REQUIREMENTS.—The regulations shall, at a 

minimum, require customs brokers to implement, and importers (after being given adequate notice) to comply with, reasonable procedures for— 

‘‘(A) collecting the identity of importers, including nonresident importers, seeking to import merchandise into the 

United States to the extent reasonable and practicable; 

and 

‘‘(B) maintaining records of the information used to substantiate a person’s identity, including name, address, and 

other identifying information. 

‘‘(3) PENALTIES.—Any customs broker who fails to collect information required under the regulations prescribed under this 

subsection shall be liable to the United States, at the discretion of the Secretary, for a monetary penalty not to exceed 

$10,000 for each violation of those regulations and subject to 

revocation or suspension of a license or permit of the customs 

broker pursuant to the procedures set forth in subsection (d). 

‘‘(4) DEFINITIONS.—In this subsection— 

‘‘(A) the term ‘importer’ means one of the parties qualifying as an importer of record under section 484(a)(2)(B); 

and 

‘‘(B) the term ‘nonresident importer’ means an importer 

who is— 

‘‘(i) an individual who is not a citizen of the United 

States or an alien lawfully admitted for permanent 

residence in the United States; or 

‘‘(ii) a partnership, corporation, or other commercial 

entity that is not organized under the laws of a jurisdiction within the customs territory of the United 

States (as such term is defined in General Note 2 of 

the Harmonized Tariff Schedule of the United States) 

or in the Virgin Islands of the United States.’’. 

(b) STUDY AND REPORT REQUIRED.—Not later than 180 days after 

the date of enactment of this Act, the Commissioner shall submit 

to Congress a report containing recommendations for— 

(1) determining the most timely and effective way to require 

foreign nationals to provide customs brokers with appropriate 

and accurate information, comparable to that which is required 

of United States nationals, concerning the identity, address, 

and other related information relating to such foreign nationals necessary to enable customs brokers to comply with the requirements of section 641(i) of the Tariff Act of 1930 (as added 

by subsection (a) of this section); and 

(2) establishing a system for customs brokers to review information maintained by relevant Federal agencies for purposes 

of verifying the identities of importers, including nonresident 

importers, seeking to import merchandise into the United 

States. 

SEC. 117. REQUIREMENTS APPLICABLE TO NON-RESIDENT IMPORTERS. 

(a) IN GENERAL.—Part III of title IV of the Tariff Act of 1930 (19 

U.S.C. 1481 et seq.) is amended by inserting after section 484b the 

following new section: 


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‘‘SEC. 484c. REQUIREMENTS APPLICABLE TO NON-RESIDENT IMPORTERS. 

‘‘(a) IN GENERAL.—Except as provided in subsection (c), if an importer of record under section 484 is not a resident of the United 

States, the Commissioner of U.S. Customs and Border Protection 

shall require the non-resident importer to designate a resident 

agent in the United States subject to the requirements described 

in subsection (b). 

‘‘(b) REQUIREMENTS.—The requirements described in this subsection are the following: 

‘‘(1) The resident agent shall be authorized to accept service 

of process against the non-resident importer in connection with 

the importation of merchandise. 

‘‘(2) The Commissioner of U.S. Customs and Border Protection shall require the non-resident importer to establish a 

power of attorney with the resident agent in connection with 

the importation of merchandise. 

‘‘(c) NON-APPLICABILITY.—The requirements of this section shall 

not apply with respect to a non-resident importer who is a validated Tier 2 or Tier 3 participant in the Customs-Trade Partnership Against Terrorism program established under subtitle B of 

title II of the SAFE Port Act (6 U.S.C. 961 et seq.). 

‘‘(d) PENALTIES.— 

‘‘(1) IN GENERAL.—It shall be unlawful for any person to import into the United States any merchandise in violation of 

this section. 

‘‘(2) CIVIL PENALTIES.—Any person who violates paragraph 

(1) shall be liable for a civil penalty of $50,000 for each such 

violation. 

‘‘(3) OTHER PENALTIES.—In addition to the penalties specified 

in paragraph (2), any violation of this section that violates any 

other customs and trade laws of the United States shall be 

subject to any applicable civil and criminal penalty, including 

seizure and forfeiture, that may be imposed under such customs or trade law or title 18, United States Code, with respect 

to the importation of merchandise. 

‘‘(4) DEFINITION.—In this subsection, the term ‘customs and 

trade laws of the United States’ has the meaning given such 

term in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015.’’. 

(b) EFFECTIVE DATE.—Section 484c of the Tariff Act of 1930, as 

added by subsection (a), takes effect on the date of the enactment 

of this Act and applies with respect to the importation, on or after 

the date that is 180 days after such date of enactment, of merchandise of an importer of record under section 484 of the Tariff Act of 

1930 who is not a resident of the United States. 

SEC. 118. PRIORITY TRADE ISSUES. 

(a) IN GENERAL.—The Commissioner shall establish the following 

as priority trade issues: 

(1) Agriculture programs. 

(2) Antidumping and countervailing duties. 

(3) Import safety. 

(4) Intellectual property rights. 

(5) Revenue. 

(6) Textiles and wearing apparel. 


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(7) Trade agreements and preference programs. 

(b) MODIFICATION.—The Commissioner is authorized to establish 

new priority trade issues and eliminate, consolidate, or otherwise 

modify the priority trade issues described in subsection (a) if the 

Commissioner— 

(1) determines it necessary and appropriate to do so; and 

(2) submits to the appropriate congressional committees a 

summary of the proposed changes to the priority trade issues 

not later than 60 days before such changes are to take effect. 

SEC. 119. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. 

In this title, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Finance and the Committee on Homeland Security and Government Affairs of the Senate; and 

(2) the Committee on Ways and Means and the Committee 

on Homeland Security of the House of Representatives. 

TITLE II—IMPORT HEALTH AND SAFETY 

SEC. 201. INTERAGENCY IMPORT SAFETY WORKING GROUP. 

(a) ESTABLISHMENT.—There is established an interagency Import 

Safety Working Group. 

(b) MEMBERSHIP.—The interagency Import Safety Working Group 

shall consist of the following officials or their designees: 

(1) The Secretary of Homeland Security, who shall serve as 

the Chair. 

(2) The Secretary of Health and Human Services, who shall 

serve as the Vice Chair. 

(3) The Secretary of the Treasury. 

(4) The Secretary of Commerce. 

(5) The Secretary of Agriculture. 

(6) The United States Trade Representative. 

(7) The Director of the Office of Management and Budget. 

(8) The Commissioner of Food and Drugs. 

(9) The Commissioner of U.S. Customs and Border Protection. 

(10) The Chairman of the Consumer Product Safety Commission. 

(11) The Director of U.S. Immigration and Customs Enforcement. 

(12) The head of any other Federal agency designated by the 

President to participate in the interagency Import Safety 

Working Group, as appropriate. 

(c) DUTIES.—The duties of the interagency Import Safety Working Group shall include— 

(1) consulting on the development of the joint import safety 

rapid response plan required by section 202; 

(2) periodically evaluating the adequacy of the plans, practices, and resources of the Federal Government dedicated to 

ensuring the safety of merchandise imported in the United 

States and the expeditious entry of such merchandise, including— 

(A) minimizing the duplication of efforts among agencies 

the heads of which are members of the interagency Import 


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Safety Working Group and ensuring the compatibility of 

the policies and regulations of those agencies; and 

(B) recommending additional administrative actions, as 

appropriate, designed to ensure the safety of merchandise 

imported into the United States and the expeditious entry 

of such merchandise and considering the impact of those 

actions on private sector entities; 

(3) reviewing the engagement and cooperation of foreign governments and foreign manufacturers in facilitating the inspection and certification, as appropriate, of such merchandise to 

be imported into the United States and the facilities producing 

such merchandise to ensure the safety of the merchandise and 

the expeditious entry of the merchandise into the United 

States; 

(4) identifying best practices, in consultation with private 

sector entities as appropriate, to assist United States importers 

in taking all appropriate steps to ensure the safety of merchandise imported into the United States, including with respect 

to— 

(A) the inspection of manufacturing facilities in foreign 

countries; 

(B) the inspection of merchandise destined for the 

United States before exportation from a foreign country or 

before distribution in the United States; and 

(C) the protection of the international supply chain (as 

defined in section 2 of the Security and Accountability For 

Every Port Act of 2006 (6 U.S.C. 901)); 

(5) identifying best practices to assist Federal, State, and 

local governments and agencies, and port authorities, to improve communication and coordination among such agencies 

and authorities with respect to ensuring the safety of merchandise imported into the United States and the expeditious entry 

of such merchandise; and 

(6) otherwise identifying appropriate steps to increase the accountability of United States importers and the engagement of 

foreign government agencies with respect to ensuring the safety of merchandise imported into the United States and the expeditious entry of such merchandise. 

SEC. 202. JOINT IMPORT SAFETY RAPID RESPONSE PLAN. 

(a) IN GENERAL.—Not later than December 31, 2016, the Secretary of Homeland Security, in consultation with the interagency 

Import Safety Working Group established under section 201, shall 

develop a plan (to be known as the ‘‘joint import safety rapid response plan’’) that sets forth protocols and defines practices for 

U.S. Customs and Border Protection to use— 

(1) in taking action in response to, and coordinating Federal 

responses to, an incident in which cargo destined for or merchandise entering the United States has been identified as posing a threat to the health or safety of consumers in the United 

States; and 

(2) in recovering from or mitigating the effects of actions and 

responses to an incident described in paragraph (1). 

(b) CONTENTS.—The joint import safety rapid response plan shall 

address— 


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(1) the statutory and regulatory authorities and responsibilities of U.S. Customs and Border Protection and other Federal 

agencies in responding to an incident described in subsection 

(a)(1); 

(2) the protocols and practices to be used by U.S. Customs 

and Border Protection when taking action in response to, and 

coordinating Federal responses to, such an incident; 

(3) the measures to be taken by U.S. Customs and Border 

Protection and other Federal agencies in recovering from or 

mitigating the effects of actions taken in response to such an 

incident after the incident to ensure the resumption of the 

entry of merchandise into the United States; and 

(4) exercises that U.S. Customs and Border Protection may 

conduct in conjunction with Federal, State, and local agencies, 

and private sector entities, to simulate responses to such an incident. 

(c) UPDATES OF PLAN.—The Secretary of Homeland Security shall 

review and update the joint import safety rapid response plan, as 

appropriate, after conducting exercises under subsection (d). 

(d) IMPORT HEALTH AND SAFETY EXERCISES.— 

(1) IN GENERAL.—The Secretary of Homeland Security and 

the Commissioner shall periodically engage in the exercises referred to in subsection (b)(4), in conjunction with Federal, 

State, and local agencies and private sector entities, as appropriate, to test and evaluate the protocols and practices identified in the joint import safety rapid response plan at United 

States ports of entry. 

(2) REQUIREMENTS FOR EXERCISES.—In conducting exercises 

under paragraph (1), the Secretary and the Commissioner 

shall— 

(A) make allowance for the resources, needs, and constraints of United States ports of entry of different sizes in 

representative geographic locations across the United 

States; 

(B) base evaluations on current risk assessments of merchandise entering the United States at representative 

United States ports of entry located across the United 

States; 

(C) ensure that such exercises are conducted in a manner consistent with the National Incident Management 

System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness 

Guidelines, the Maritime Transportation System Security 

Plan, and other such national initiatives of the Department of Homeland Security, as appropriate; and 

(D) develop metrics with respect to the resumption of the 

entry of merchandise into the United States after an incident described in subsection (a)(1). 

(3) REQUIREMENTS FOR TESTING AND EVALUATION.—The Secretary and the Commissioner shall ensure that the testing and 

evaluation carried out in conducting exercises under paragraph 

(1)— 

(A) are performed using clear and objective performance 

measures; and 


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(B) result in the identification of specific recommendations or best practices for responding to an incident described in subsection (a)(1). 

(4) DISSEMINATION OF RECOMMENDATIONS AND BEST PRAC- TICES.—The Secretary and the Commissioner shall— 

(A) share the recommendations or best practices identified under paragraph (3)(B) among the members of the 

interagency Import Safety Working Group established 

under section 201 and with, as appropriate— 

(i) State, local, and tribal governments; 

(ii) foreign governments; and 

(iii) private sector entities; and 

(B) use such recommendations and best practices to update the joint import safety rapid response plan. 

SEC. 203. TRAINING. 

The Commissioner shall ensure that personnel of U.S. Customs 

and Border Protection assigned to United States ports of entry are 

trained to effectively administer the provisions of this title and to 

otherwise assist in ensuring the safety of merchandise imported 

into the United States and the expeditious entry of such merchandise. 

TITLE III—IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY 

RIGHTS 

SEC. 301. DEFINITION OF INTELLECTUAL PROPERTY RIGHTS. 

In this title, the term ‘‘intellectual property rights’’ refers to copyrights, trademarks, and other forms of intellectual property rights 

that are enforced by U.S. Customs and Border Protection or U.S. 

Immigration and Customs Enforcement. 

SEC. 302. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT. 

(a) IN GENERAL.—The Tariff Act of 1930 is amended by inserting 

after section 628 (19 U.S.C. 1628) the following new section: 

‘‘SEC. 628A. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT. 

‘‘(a) IN GENERAL.—Subject to subsections (c) and (d), if the Commissioner of U.S. Customs and Border Protection suspects that 

merchandise is being imported into the United States in violation 

of section 526 of this Act or section 602, 1201(a)(2), or 1201(b)(1) 

of title 17, United States Code, and determines that the examination or testing of the merchandise by a person described in subsection (b) would assist the Commissioner in determining if the 

merchandise is being imported in violation of that section, the 

Commissioner, to permit the person to conduct the examination 

and testing— 

‘‘(1) shall provide to the person information that appears on 

the merchandise and its packaging and labels, including 

unredacted images of the merchandise and its packaging and 

labels; and 

‘‘(2) may, subject to any applicable bonding requirements, 

provide to the person unredacted samples of the merchandise. 


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‘‘(b) PERSON DESCRIBED.—A person described in this subsection 

is— 

‘‘(1) in the case of merchandise suspected of being imported 

in violation of section 526, the owner of the trademark suspected of being copied or simulated by the merchandise; 

‘‘(2) in the case of merchandise suspected of being imported 

in violation of section 602 of title 17, United States Code, the 

owner of the copyright suspected of being infringed by the merchandise; 

‘‘(3) in the case of merchandise suspected of being primarily 

designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work 

protected under that title, and being imported in violation of 

section 1201(a)(2) of that title, the owner of a copyright in the 

work; and 

‘‘(4) in the case of merchandise suspected of being primarily 

designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of an owner of a copyright in a work or a portion 

of a work, and being imported in violation of section 1201(b)(1) 

of that title, the owner of the copyright. 

‘‘(c) LIMITATION.—Subsection (a) applies only with respect to merchandise suspected of infringing a trademark or copyright that is 

recorded with U.S. Customs and Border Protection. 

‘‘(d) EXCEPTION.—The Commissioner may not provide under subsection (a) information, photographs, or samples to a person described in subsection (b) if providing such information, photographs, or samples would compromise an ongoing law enforcement 

investigation or national security.’’. 

(b) TERMINATION OF PREVIOUS AUTHORITY.—Notwithstanding 

paragraph (2) of section 818(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1496; 

10 U.S.C. 2302 note), paragraph (1) of that section shall have no 

force or effect on or after the date of the enactment of this Act. 

SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES. 

(a) IN GENERAL.—Section 596(c)(2) of the Tariff Act of 1930 (19 

U.S.C. 1595a(c)(2)) is amended— 

(1) in subparagraph (E), by striking ‘‘or’’; 

(2) in subparagraph (F), by striking the period and inserting 

‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(G) U.S. Customs and Border Protection determines it 

is a technology, product, service, device, component, or 

part thereof the importation of which is prohibited under 

subsection (a)(2) or (b)(1) of section 1201 of title 17, United 

States Code.’’. 

(b) NOTIFICATION OF PERSONS INJURED.— 

(1) IN GENERAL.—Not later than the date that is 30 business 

days after seizing merchandise pursuant to subparagraph (G) 

of section 596(c)(2) of the Tariff Act of 1930, as added by subsection (a), the Commissioner shall provide to any person identified under paragraph (2) information regarding the merchandise seized that is equivalent to information provided to copyright owners under regulations of U.S. Customs and Border 


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Protection for merchandise seized for violation of the copyright 

laws. 

(2) PERSONS TO BE PROVIDED INFORMATION.—Any person injured by the violation of (a)(2) or (b)(1) of section 1201 of title 

17, United States Code, that resulted in the seizure of the merchandise shall be provided information under paragraph (1), if 

that person is included on a list maintained by the Commissioner that is revised annually through publication in the Federal Register. 

(3) REGULATIONS.—Not later than one year after the date of 

the enactment of this Act, the Secretary of the Treasury shall 

prescribe regulations establishing procedures that implement 

this subsection. 

SEC. 304. ENFORCEMENT BY U.S. CUSTOMS AND BORDER PROTECTION 

OF WORKS FOR WHICH COPYRIGHT REGISTRATION IS 

PENDING. 

Not later than the date that is 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall authorize a process pursuant to which the Commissioner shall enforce 

a copyright for which the owner has submitted an application for 

registration under title 17, United States Code, with the United 

States Copyright Office, to the same extent and in the same manner as if the copyright were registered with the Copyright Office, 

including by sharing information, images, and samples of merchandise suspected of infringing the copyright under section 628A of the 

Tariff Act of 1930, as added by section 302. 

SEC. 305. NATIONAL INTELLECTUAL PROPERTY RIGHTS COORDINATION CENTER. 

(a) ESTABLISHMENT.—The Secretary of Homeland Security 

shall— 

(1) establish within U.S. Immigration and Customs Enforcement a National Intellectual Property Rights Coordination 

Center; and 

(2) appoint an Assistant Director to head the National Intellectual Property Rights Coordination Center. 

(b) DUTIES.—The Assistant Director of the National Intellectual 

Property Rights Coordination Center shall— 

(1) coordinate the investigation of sources of merchandise 

that infringe intellectual property rights to identify organizations and individuals that produce, smuggle, or distribute such 

merchandise; 

(2) conduct and coordinate training with other domestic and 

international law enforcement agencies on investigative best 

practices— 

(A) to develop and expand the capability of such agencies 

to enforce intellectual property rights; and 

(B) to develop metrics to assess whether the training improved enforcement of intellectual property rights; 

(3) coordinate, with U.S. Customs and Border Protection, activities conducted by the United States to prevent the importation or exportation of merchandise that infringes intellectual 

property rights; 

(4) support the international interdiction of merchandise destined for the United States that infringes intellectual property 

rights; 


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(5) collect and integrate information regarding infringement 

of intellectual property rights from domestic and international 

law enforcement agencies and other non-Federal sources; 

(6) develop a means to receive and organize information regarding infringement of intellectual property rights from such 

agencies and other sources; 

(7) disseminate information regarding infringement of intellectual property rights to other Federal agencies, as appropriate; 

(8) develop and implement risk-based alert systems, in coordination with U.S. Customs and Border Protection, to improve the targeting of persons that repeatedly infringe intellectual property rights; 

(9) coordinate with the offices of United States attorneys in 

order to develop expertise in, and assist with the investigation 

and prosecution of, crimes relating to the infringement of intellectual property rights; and 

(10) carry out such other duties as the Secretary of Homeland Security may assign. 

(c) COORDINATION WITH OTHER AGENCIES.—In carrying out the 

duties described in subsection (b), the Assistant Director of the National Intellectual Property Rights Coordination Center shall coordinate with— 

(1) U.S. Customs and Border Protection; 

(2) the Food and Drug Administration; 

(3) the Department of Justice; 

(4) the Department of Commerce, including the United 

States Patent and Trademark Office; 

(5) the United States Postal Inspection Service; 

(6) the Office of the United States Trade Representative; 

(7) any Federal, State, local, or international law enforcement agencies that the Director of U.S. Immigration and Customs Enforcement considers appropriate; and 

(8) any other entities that the Director considers appropriate. 

(d) PRIVATE SECTOR OUTREACH.— 

(1) IN GENERAL.—The Assistant Director of the National Intellectual Property Rights Coordination Center shall work with 

U.S. Customs and Border Protection and other Federal agencies to conduct outreach to private sector entities in order to 

determine trends in and methods of infringing intellectual 

property rights. 

(2) INFORMATION SHARING.—The Assistant Director shall 

share information and best practices with respect to the enforcement of intellectual property rights with private sector entities, as appropriate, in order to coordinate public and private 

sector efforts to combat the infringement of intellectual property rights. 

SEC. 306. JOINT STRATEGIC PLAN FOR THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

The Commissioner and the Director of U.S. Immigration and 

Customs Enforcement shall include in the joint strategic plan required by section 105— 

(1) a description of the efforts of the Department of Homeland Security to enforce intellectual property rights; 


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(2) a list of the 10 United States ports of entry at which U.S. 

Customs and Border Protection has seized the most merchandise, both by volume and by value, that infringes intellectual 

property rights during the most recent 2-year period for which 

data are available; and 

(3) a recommendation for the optimal allocation of personnel, 

resources, and technology to ensure that U.S. Customs and 

Border Protection and U.S. Immigration and Customs Enforcement are adequately enforcing intellectual property rights. 

SEC. 307. PERSONNEL DEDICATED TO THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

(a) PERSONNEL OF U.S. CUSTOMS AND BORDER PROTECTION.—The 

Commissioner and the Director of U.S. Immigration and Customs 

Enforcement shall ensure that sufficient personnel are assigned 

throughout U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, who have responsibility for preventing the importation into the United States of merchandise that infringes intellectual property rights. 

(b) STAFFING OF NATIONAL INTELLECTUAL PROPERTY RIGHTS COORDINATION CENTER.—The Commissioner shall— 

(1) assign not fewer than 3 full-time employees of U.S. Customs and Border Protection to the National Intellectual Property Rights Coordination Center established under section 305; 

and 

(2) ensure that sufficient personnel are assigned to United 

States ports of entry to carry out the directives of the Center. 

SEC. 308. TRAINING WITH RESPECT TO THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. 

(a) TRAINING.—The Commissioner shall ensure that officers of 

U.S. Customs and Border Protection are trained to effectively detect and identify merchandise destined for the United States that 

infringes intellectual property rights, including through the use of 

technologies identified under subsection (c). 

(b) CONSULTATION WITH PRIVATE SECTOR.—The Commissioner 

shall consult with private sector entities to better identify opportunities for collaboration between U.S. Customs and Border Protection and such entities with respect to training for officers of U.S. 

Customs and Border Protection in enforcing intellectual property 

rights. 

(c) IDENTIFICATION OF NEW TECHNOLOGIES.—In consultation with 

private sector entities, the Commissioner shall identify— 

(1) technologies with the cost-effective capability to detect 

and identify merchandise at United States ports of entry that 

infringes intellectual property rights; and 

(2) cost-effective programs for training officers of U.S. Customs and Border Protection to use such technologies. 

(d) DONATIONS OF TECHNOLOGY.—Not later than the date that is 

180 days after the date of the enactment of this Act, the Commissioner shall prescribe regulations to enable U.S. Customs and Border Protection to receive donations of hardware, software, equipment, and similar technologies, and to accept training and other 

support services, from private sector entities, for the purpose of enforcing intellectual property rights. 


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SEC. 309. INTERNATIONAL COOPERATION AND INFORMATION SHARING. 

(a) COOPERATION.—The Secretary of Homeland Security shall coordinate with the competent law enforcement and customs authorities of foreign countries, including by sharing information relevant 

to enforcement actions, to enhance the efforts of the United States 

and such authorities to enforce intellectual property rights. 

(b) TECHNICAL ASSISTANCE.—The Secretary of Homeland Security shall provide technical assistance to competent law enforcement and customs authorities of foreign countries to enhance the 

ability of such authorities to enforce intellectual property rights. 

(c) INTERAGENCY COLLABORATION.—The Commissioner and the 

Director of U.S. Immigration and Customs Enforcement shall lead 

interagency efforts to collaborate with law enforcement and customs authorities of foreign countries to enforce intellectual property 

rights. 

SEC. 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT. 

Not later than June 30, 2016, and annually thereafter, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly submit to the Committee on Finance of the 

Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report that contains the 

following: 

(1) With respect to the enforcement of intellectual property 

rights, the following: 

(A) The number of referrals, during the preceding year, 

from U.S. Customs and Border Protection to U.S. Immigration and Customs Enforcement relating to infringement of 

intellectual property rights . 

(B) The number of investigations relating to the infringement of intellectual property rights referred by U.S. Immigration and Customs Enforcement to a United States attorney for prosecution and the United States attorneys to 

which those investigations were referred. 

(C) The number of such investigations accepted by each 

such United States attorney and the status or outcome of 

each such investigation. 

(D) The number of such investigations that resulted in 

the imposition of civil or criminal penalties. 

(E) A description of the efforts of U.S. Custom and Border Protection and U.S. Immigration and Customs Enforcement to improve the success rates of investigations 

and prosecutions relating to the infringement of intellectual property rights. 

(2) An estimate of the average time required by the Office of 

International Trade of U.S. Customs and Border Protection to 

respond to a request from port personnel for advice with respect to whether merchandise detained by U.S. Customs and 

Border Protection infringed intellectual property rights, distinguished by types of intellectual property rights infringed. 


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(3) A summary of the outreach efforts of U.S. Customs and 

Border Protection and U.S. Immigration and Customs Enforcement with respect to— 

(A) the interdiction and investigation of, and the sharing 

of information between those agencies and other Federal 

agencies to prevent, the infringement of intellectual property rights; 

(B) collaboration with private sector entities— 

(i) to identify trends in the infringement of, and 

technologies that infringe, intellectual property rights; 

(ii) to identify opportunities for enhanced training of 

officers of U.S. Customs and Border Protection and 

U.S. Immigration and Customs Enforcement; and 

(iii) to develop best practices to enforce intellectual 

property rights; and 

(C) coordination with foreign governments and international organizations with respect to the enforcement of 

intellectual property rights. 

(4) A summary of the efforts of U.S. Customs and Border 

Protection and U.S. Immigration and Customs Enforcement to 

address the challenges with respect to the enforcement of intellectual property rights presented by Internet commerce and 

the transit of small packages and an identification of the volume, value, and type of merchandise seized for infringing intellectual property rights as a result of such efforts. 

(5) A summary of training relating to the enforcement of intellectual property rights conducted under section 308 and expenditures for such training. 

SEC. 311. INFORMATION FOR TRAVELERS REGARDING VIOLATIONS OF 

INTELLECTUAL PROPERTY RIGHTS. 

(a) IN GENERAL.—The Secretary of Homeland Security shall develop and carry out an educational campaign to inform travelers 

entering or leaving the United States about the legal, economic, 

and public health and safety implications of acquiring merchandise 

that infringes intellectual property rights outside the United States 

and importing such merchandise into the United States in violation 

of United States law. 

(b) DECLARATION FORMS.—The Commissioner shall ensure that 

all versions of Declaration Form 6059B of U.S. Customs and Border 

Protection, or a successor form, including any electronic equivalent 

of Declaration Form 6059B or a successor form, printed or displayed on or after the date that is 30 days after the date of the 

enactment of this Act include a written warning to inform travelers 

arriving in the United States that importation of merchandise into 

the United States that infringes intellectual property rights may 

subject travelers to civil or criminal penalties and may pose serious 

risks to safety or health. 


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TITLE IV—PREVENTION OF EVASION OF 

ANTIDUMPING AND COUNTERVAILING DUTY ORDERS 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Preventing Recurring Trade Evasion and Circumvention Act’’ or ‘‘PROTECT Act’’. 

SEC. 402. DEFINITIONS. 

In this title: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Finance and the Committee on 

Appropriations of the Senate; and 

(B) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives. 

(2) COVERED MERCHANDISE.—The term ‘‘covered merchandise’’ means merchandise that is subject to— 

(A) a countervailing duty order issued under section 706 

of the Tariff Act of 1930; or 

(B) an antidumping duty order issued under section 736 

of the Tariff Act of 1930. 

(3) ELIGIBLE SMALL BUSINESS.— 

(A) IN GENERAL.—The term ‘‘eligible small business’’ 

means any business concern which, in the Commissioner’s 

judgment, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion. 

(B) NONREVIEWABILITY.—Any agency decision regarding 

whether a business concern is an eligible small business 

for purposes of section 411(b)(4)(E) is not reviewable by 

any other agency or by any court. 

(4) ENTER; ENTRY.—The terms ‘‘enter’’ and ‘‘entry’’ refer to 

the entry, or withdrawal from warehouse for consumption, in 

the customs territory of the United States. 

(5) EVADE; EVASION.—The terms ‘‘evade’’ and ‘‘evasion’’ refer 

to entering covered merchandise into the customs territory of 

the United States by means of any document or electronically 

transmitted data or information, written or oral statement, or 

act that is material and false, or any omission that is material, 

and that results in any cash deposit or other security or any 

amount of applicable antidumping or countervailing duties 

being reduced or not being applied with respect to the merchandise. 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Treasury. 

(7) TRADE REMEDY LAWS.—The term ‘‘trade remedy laws’’ 

means title VII of the Tariff Act of 1930. 

SEC. 403. APPLICATION TO CANADA AND MEXICO. 

Pursuant to article 1902 of the North American Free Trade 

Agreement and section 408 of the North American Free Trade 

Agreement Implementation Act (19 U.S.C. 3438), this title and the 


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amendments made by this title shall apply with respect to goods 

from Canada and Mexico. 

Subtitle A—Actions Relating to 

Enforcement of Trade Remedy Laws 

SEC. 411. TRADE REMEDY LAW ENFORCEMENT DIVISION. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—The Secretary of Homeland Security shall 

establish and maintain within the Office of International Trade 

of U.S. Customs and Border Protection, established under section 2(d) of the Act of March 3, 1927 (44 Stat. 1381, chapter 

348; 19 U.S.C. 2072(d)), a Trade Remedy Law Enforcement Division. 

(2) COMPOSITION.—The Trade Law Remedy Enforcement Division shall be composed of— 

(A) headquarters personnel led by a Director, who shall 

report to the Assistant Commissioner of the Office of International Trade; and 

(B) a National Targeting and Analysis Group dedicated 

to preventing and countering evasion. 

(3) DUTIES.—The Trade Remedy Law Enforcement Division 

shall be dedicated— 

(A) to the development and administration of policies to 

prevent and counter evasion; 

(B) to direct enforcement and compliance assessment activities concerning evasion; 

(C) to the development and conduct of commercial risk 

assessment targeting with respect to cargo destined for the 

United States in accordance with subsection (c); 

(D) to issuing Trade Alerts described in subsection (d); 

and 

(E) to the development of policies for the application of 

single entry and continuous bonds for entries of covered 

merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the 

level of risk of noncollection. 

(b) DUTIES OF DIRECTOR.—The duties of the Director of the Trade 

Remedy Law Enforcement Division shall include— 

(1) directing the trade enforcement and compliance assessment activities of U.S. Customs and Border Protection that 

concern evasion; 

(2) facilitating, promoting, and coordinating cooperation and 

the exchange of information between U.S. Customs and Border 

Protection, U.S. Immigration and Customs Enforcement, and 

other relevant agencies regarding evasion; 

(3) notifying on a timely basis the administering authority 

(as defined in section 771(1) of the Tariff Act of 1930 (19 U.S.C. 

1677(1))) and the Commission (as defined in section 771(2) of 

the Tariff Act of 1930 (19 U.S.C. 1677(2))) of any finding, determination, civil action, or criminal action taken by U.S. Customs and Border Protection or other Federal agency regarding 

evasion; 


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(4) serving as the primary liaison between U.S. Customs and 

Border Protection and the public regarding United States Government activities concerning evasion, including— 

(A) receive and transmit to the appropriate U.S. Customs and Border Protection office allegations from parties 

of evasion; 

(B) upon request by the party or parties that submitted 

an allegation of evasion, provide information to such party 

or parties on the status of U.S. Customs and Border Protection’s consideration of the allegation and decision to 

pursue or not pursue any administrative inquiries or other 

actions, such as changes in policies, procedures, or resource allocation as a result of the allegation; 

(C) as needed, request from the party or parties that 

submitted an allegation of evasion any additional information that may be relevant for U.S. Customs and Border 

Protection determining whether to initiate an administrative inquiry or take any other action regarding the allegation; 

(D) notify on a timely basis the party or parties that 

submitted such an allegation of the results of any administrative, civil or criminal actions taken by U.S. Customs 

and Border Protection or other Federal agency regarding 

evasion as a direct or indirect result of the allegation; 

(E) upon request, provide technical assistance and advice 

to eligible small businesses to enable such businesses to 

prepare and submit allegations of evasion, except that the 

Director may deny assistance if the Director concludes that 

the allegation, if submitted, would not lead to the initiation of an administrative inquiry or any other action to 

address the allegation; 

(F) in cooperation with the public, the Commercial Customs Operations Advisory Committee, the Trade Support 

Network, and any other relevant parties and organizations, develop guidelines on the types and nature of information that may be provided in allegations of evasion; and 

(G) regularly consult with the public, the Commercial 

Customs Operations Advisory Committee, the Trade Support Network, and any other relevant parties and organizations regarding the development and implementation of 

regulations, interpretations, and policies related to countering evasion. 

(c) PREVENTING AND COUNTERING EVASION OF THE TRADE REMEDY LAWS.—In carrying out its duties with respect to preventing 

and countering evasion, the National Targeting and Analysis 

Group dedicated to preventing and countering evasion shall— 

(1) establish targeted risk assessment methodologies and 

standards— 

(A) for evaluating the risk that cargo destined for the 

United States may constitute evading covered merchandise; and 

(B) for issuing, as appropriate, Trade Alerts described in 

subsection (d); and 

(2) to the extent practicable and otherwise authorized by 

law, use information available from the Automated CommerVerDate Sep 11 2014 06:32 Jun 11, 2015 Jkt 049008 PO 00000 Frm 00040 Fmt 6659 Sfmt 6602 E:\HR\OC\HR146.XXX HR146

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cial System, the Automated Commercial Environment computer system, the Automated Targeting System, the Automated Export System, the International Trade Data System, 

and the TECS, and any similar and successor systems, to administer the methodologies and standards established under 

paragraph (1). 

(d) TRADE ALERTS.—Based upon the application of the targeted 

risk assessment methodologies and standards established under 

subsection (c), the Director of the Trade Remedy Law Enforcement 

Division shall issue Trade Alerts or other such means of notification to directors of United States ports of entry directing further 

inspection, physical examination, or testing of merchandise to ensure compliance with the trade remedy laws and to require additional bonds, cash deposits, or other security to ensure collection of 

any duties, taxes and fees owed. 

SEC. 412. COLLECTION OF INFORMATION ON EVASION OF TRADE REMEDY LAWS. 

(a) AUTHORITY TO COLLECT INFORMATION.—To determine whether covered merchandise is being entered into the customs territory 

of the United States through evasion, the Secretary, acting through 

the Commissioner— 

(1) shall exercise all existing authorities to collect information needed to make the determination; and 

(2) may collect such additional information as is necessary to 

make the determination through such methods as the Commissioner considers appropriate, including by issuing questionnaires with respect to the entry or entries at issue to— 

(A) a person who filed an allegation with respect to the 

covered merchandise; 

(B) a person who is alleged to have entered the covered 

merchandise into the customs territory of the United 

States through evasion; or 

(C) any other person who is determined to have information relevant to the allegation of entry of covered merchandise into the customs territory of the United States 

through evasion. 

(b) ADVERSE INFERENCE.— 

(1) IN GENERAL.—If the Secretary finds that a person who 

filed an allegation, a person alleged to have entered covered 

merchandise into the customs territory of the United States 

through evasion, or a foreign producer or exporter of covered 

merchandise that is alleged to have entered into the customs 

territory of the United States through evasion, has failed to cooperate by not acting to the best of the person’s ability to comply with a request for information, the Secretary may, in making a determination whether an entry or entries of covered 

merchandise may constitute merchandise that is entered into 

the customs territory of the United States through evasion, use 

an inference that is adverse to the interests of that person in 

selecting from among the facts otherwise available to determine whether evasion has occurred. 

(2) ADVERSE INFERENCE DESCRIBED.—An adverse inference 

used under paragraph (1) may include reliance on information 

derived from— 


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(A) the allegation of evasion of the trade remedy laws, 

if any, submitted to U.S. Customs and Border Protection; 

(B) a determination by the Commissioner in another investigation, proceeding, or other action regarding evasion 

of the unfair trade laws; or 

(C) any other available information. 

SEC. 413. ACCESS TO INFORMATION. 

(a) IN GENERAL.—Section 777(b)(1)(A)(ii) of the Tariff Act of 1930 

(19 U.S.C. 1677f(b)(1)(A)(ii)) is amended by inserting ‘‘negligence, 

gross negligence, or’’ after ‘‘regarding’’. 

(b) ADDITIONAL INFORMATION.—Notwithstanding any other provision of law, the Secretary is authorized to provide to the Secretary 

of Commerce or the United States International Trade Commission 

any information that is necessary to enable the Secretary of Commerce or the United States International Trade Commission to assist the Secretary to identify, through risk assessment targeting or 

otherwise, covered merchandise that is entered into the customs 

territory of the United States through evasion. 

SEC. 414. COOPERATION WITH FOREIGN COUNTRIES ON PREVENTING 

EVASION OF TRADE REMEDY LAWS. 

(a) BILATERAL AGREEMENTS.— 

(1) IN GENERAL.—The Secretary shall seek to negotiate and 

enter into bilateral agreements with the customs authorities or 

other appropriate authorities of foreign countries for purposes 

of cooperation on preventing evasion of the trade remedy laws 

of the United States and the trade remedy laws of the other 

country. 

(2) PROVISIONS AND AUTHORITIES.—The Secretary shall seek 

to include in each such bilateral agreement the following provisions and authorities: 

(A) On the request of the importing country, the exporting country shall provide, consistent with its laws, regulations, and procedures, production, trade, and transit documents and other information necessary to determine 

whether an entry or entries exported from the exporting 

country are subject to the importing country’s trade remedy laws. 

(B) On the written request of the importing country, the 

exporting country shall conduct a verification for purposes 

of enabling the importing country to make a determination 

described in subparagraph (A). 

(C) The exporting country may allow the importing country to participate in a verification described in subparagraph (B), including through a site visit. 

(D) If the exporting country does not allow participation 

of the importing country in a verification described in subparagraph (B), the importing country may take this fact 

into consideration in its trade enforcement and compliance 

assessment activities regarding the compliance of the exporting country’s exports with the importing country’s 

trade remedy laws. 

(b) CONSIDERATION.—The Commissioner is authorized to take 

into consideration whether a country is a signatory to a bilateral 

agreement described in subsection (a) and the extent to which the 


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country is cooperating under the bilateral agreement for purposes 

of trade enforcement and compliance assessment activities of U.S. 

Customs and Border Protection that concern evasion by such country’s exports. 

(c) REPORT.—Not later than December 31 of each year beginning 

after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report summarizing— 

(1) the status of any ongoing negotiations of bilateral agreements described in subsection (a), including the identities of 

the countries involved in such negotiations; 

(2) the terms of any completed bilateral agreements described in subsection (a); and 

(3) bilateral cooperation and other activities conducted pursuant to or enabled by any completed bilateral agreements described in subsection (a). 

SEC. 415. TRADE NEGOTIATING OBJECTIVES. 

The principal negotiating objectives of the United States shall include obtaining the objectives of the bilateral agreements described 

under section 414(a) for any trade agreements under negotiation as 

of the date of the enactment of this Act or future trade agreement 

negotiations. 

Subtitle B—Investigation of Evasion of 

Trade Remedy Laws 

SEC. 421. PROCEDURES FOR INVESTIGATION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS. 

(a) IN GENERAL.—Title VII of the Tariff Act of 1930 (19 U.S.C. 

1671 et seq.) is amended by inserting after section 781 the following: 

‘‘SEC. 781A. PROCEDURES FOR PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ADMINISTERING AUTHORITY.—The term ‘administering 

authority’ has the meaning given that term in section 771. 

‘‘(2) COMMISSIONER.—The term ‘Commissioner’ means the 

Commissioner of U.S. Customs and Border Protection. 

‘‘(3) COVERED MERCHANDISE.—The term ‘covered merchandise’ means merchandise that is subject to— 

‘‘(A) a countervailing duty order issued under section 

706; or 

‘‘(B) an antidumping duty order issued under section 

736. 

‘‘(4) EVASION.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘evasion’ refers to entering covered merchandise into the customs territory of the United States by 

means of any document or electronically transmitted data 

or information, written or oral statement, or act that is 

material and false, or any omission that is material, and 

that results in any cash deposit or other security or any 

amount of applicable antidumping or countervailing duties 


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being reduced or not being applied with respect to the merchandise. 

‘‘(B) EXCEPTION FOR CLERICAL ERROR.— ‘‘(i) IN GENERAL.—Except as provided in clause (ii), 

the term ‘evasion’ does not include entering covered 

merchandise into the customs territory of the United 

States by means of— 

‘‘(I) a document or electronically transmitted 

data or information, written or oral statement, or 

act that is false as a result of a clerical error; or 

‘‘(II) an omission that results from a clerical 

error. 

‘‘(ii) PATTERNS OF NEGLIGENT CONDUCT.—If the administering authority determines that a person has 

entered covered merchandise into the customs territory of the United States by means of a clerical error 

referred to in subclause (I) or (II) of clause (i) and that 

the clerical error is part of a pattern of negligent conduct on the part of that person, the administering authority may determine, notwithstanding clause (i), 

that the person has entered such covered merchandise 

into the customs territory of the United States by 

means of evasion. 

‘‘(iii) ELECTRONIC REPETITION OF ERRORS.—For purposes of clause (ii), the mere unintentional repetition 

by an electronic system of an initial clerical error does 

not constitute a pattern of negligent conduct. 

‘‘(iv) RULE OF CONSTRUCTION.—A determination by 

the administering authority that a person has entered 

covered merchandise into the customs territory of the 

United States by means of a clerical error referred to 

in subclause (I) or (II) of clause (i) rather than by 

means of evasion shall not be construed to excuse that 

person from the payment of any duties applicable to 

the merchandise. 

‘‘(b) INVESTIGATION BY ADMINISTERING AUTHORITY.— ‘‘(1) PROCEDURES FOR INITIATING INVESTIGATIONS.— ‘‘(A) INITIATION BY ADMINISTERING AUTHORITY.—An investigation under this subsection shall be initiated with respect to merchandise imported into the United States 

whenever the administering authority determines, from information available to the administering authority, that an 

investigation is warranted with respect to whether the 

merchandise is covered merchandise that has entered into 

the customs territory of the United States by means of 

evasion. 

‘‘(B) INITIATION BY PETITION OR REFERRAL.— 

‘‘(i) IN GENERAL.—The administering authority shall 

determine whether to initiate an investigation under 

this subparagraph not later than 30 days after the 

date on which the administering authority receives a 

petition described in clause (ii) or a referral described 

in clause (iii). 

‘‘(ii) PETITION DESCRIBED.—A petition described in 

this clause is a petition that— 


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‘‘(I) is filed with the administering authority by 

an interested party specified in subparagraph (A), 

(C), (D), (E), (F), or (G) of section 771(9); 

‘‘(II) alleges that merchandise imported into the 

United States is covered merchandise that has entered into the customs territory of the United 

States by means of evasion; and 

‘‘(III) is accompanied by information reasonably 

available to the petitioner supporting those allegations. 

‘‘(iii) REFERRAL DESCRIBED.—A referral described in 

this clause is a referral made by the Commissioner 

pursuant to subsection (c)(1). 

‘‘(2) TIME LIMITS FOR DETERMINATIONS.— 

‘‘(A) PRELIMINARY DETERMINATION.— 

‘‘(i) IN GENERAL.—Not later than 90 days after the 

administering authority initiates an investigation 

under paragraph (1) with respect to merchandise, the 

administering authority shall issue a preliminary determination, based on information available to the administering authority at the time of the determination, 

with respect to whether there is a reasonable basis to 

believe or suspect that the merchandise is covered 

merchandise that has entered into the customs territory of the United States by means of evasion. 

‘‘(ii) EXPEDITED PROCEDURES.—If the administering 

authority determines that expedited action is warranted with respect to an investigation initiated under 

paragraph (1), the administering authority may publish the notice of initiation of the investigation and the 

notice of the preliminary determination in the Federal 

Register at the same time. 

‘‘(B) FINAL DETERMINATION BY THE ADMINISTERING AU- THORITY.—Not later than 300 days after the date on which 

the administering authority initiates an investigation 

under paragraph (1) with respect to merchandise, the administering authority shall issue a final determination 

with respect to whether the merchandise is covered merchandise that has entered into the customs territory of the 

United States by means of evasion. 

‘‘(3) ACCESS TO INFORMATION.— 

‘‘(A) ENTRY DOCUMENTS, RECORDS, AND OTHER INFORMATION.—Not later than 10 days after receiving a request 

from the administering authority with respect to merchandise that is the subject of an investigation under paragraph (1), the Commissioner shall transmit to the administering authority copies of the documentation and information required by section 484(a)(1) with respect to the 

entry of the merchandise, as well as any other documentation or information requested by the administering authority. 

‘‘(B) ACCESS OF INTERESTED PARTIES.—Not later than 10 

business days after the date on which the administering 

authority initiates an investigation under paragraph (1) 

with respect to merchandise, the administering authority 


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shall provide to the authorized representative of each interested party that filed a petition under paragraph (1) or 

otherwise participates in a proceeding, pursuant to a protective order, the copies of the entry documentation and 

any other information received by the administering authority under subparagraph (A). 

‘‘(C) BUSINESS PROPRIETARY INFORMATION FROM PRIOR

SEGMENTS.—If an authorized representative of an interested party participating in an investigation under paragraph (1) has access to business proprietary information 

released pursuant to an administrative protective order in 

a proceeding under subtitle A, B, or C of title VII of the 

Tariff Act of 1930 that is relevant to the investigation conducted under paragraph (1), that authorized representative may submit such information to the administering authority for its consideration in the context of the investigation conducted under paragraph (1). 

‘‘(4) AUTHORITY TO COLLECT AND VERIFY ADDITIONAL INFORMATION.—In making a determination under paragraph (2) with 

respect to covered merchandise, the administering authority 

may collect such additional information as is necessary to 

make the determination through such methods as the administering authority considers appropriate, including by— 

‘‘(A) issuing a questionnaire with respect to such covered 

merchandise to— 

‘‘(i) a person that filed an allegation under paragraph (1)(B)(ii) that resulted in the initiation of an investigation under paragraph (1)(A) with respect to 

such covered merchandise; 

‘‘(ii) a person alleged to have entered such covered 

merchandise into the customs territory of the United 

States by means of evasion; 

‘‘(iii) a person that is a foreign producer or exporter 

of such covered merchandise; or 

‘‘(iv) the government of a country from which such 

covered merchandise was exported; 

‘‘(B) conducting verifications, including on-site 

verifications, of any relevant information; and 

‘‘(C) requesting— 

‘‘(i) that the Commissioner provide any information 

and data available to U.S. Customs and Border Protection, and 

‘‘(ii) that the Commissioner gather additional necessary information from the importer of covered merchandise and other relevant parties. 

‘‘(5) ADVERSE INFERENCE.—If the administering authority 

finds that a person described in clause (i), (ii), or (iii) of paragraph (4)(A) has failed to cooperate by not acting to the best 

of the person’s ability to comply with a request for information, 

the administering authority may, in making a determination 

under paragraph (2), use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to make the determination. 

‘‘(6) EFFECT OF AFFIRMATIVE PRELIMINARY DETERMINATION.— 

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tion under paragraph (2)(A) that merchandise is covered merchandise that has entered into the customs territory of the 

United States by means of evasion, the administering authority shall instruct U.S. Customs and Border Protection— 

‘‘(A) to suspend liquidation of each entry of the merchandise that— 

‘‘(i) enters on or after the date of the preliminary determination; or 

‘‘(ii) enters before that date, if the liquidation of the 

entry is not final on that date; and 

‘‘(B) to require the posting of a cash deposit for each 

entry of the merchandise in an amount determined pursuant to the order, or administrative review conducted under 

section 751, that applies to the merchandise. 

‘‘(7) EFFECT OF AFFIRMATIVE FINAL DETERMINATION.— 

‘‘(A) IN GENERAL.—If the administering authority makes 

a final determination under paragraph (2)(B) that merchandise is covered merchandise that has entered into the 

customs territory of the United States by means of evasion, the administering authority shall instruct U.S. Customs and Border Protection— 

‘‘(i) to assess duties on the merchandise in an 

amount determined pursuant to the order, or administrative review conducted under section 751, that applies to the merchandise; 

‘‘(ii) notwithstanding section 501, to reliquidate, in 

accordance with such order or administrative review, 

each entry of the merchandise that was liquidated and 

is determined to include covered merchandise; and 

‘‘(iii) to review and reassess the amount of bond or 

other security the importer is required to post for such 

merchandise entered on or after the date of the final 

determination to ensure the protection of revenue and 

compliance with the law. 

‘‘(B) ADDITIONAL AUTHORITY.—If the administering authority makes a final determination under paragraph 

(2)(B) that merchandise is covered merchandise that has 

entered into the customs territory of the United States by 

means of evasion, the administering authority may instruct U.S. Customs and Border Protection to require the 

importer of the merchandise to post a cash deposit or bond 

on such merchandise entered on or after the date of the 

final determination in an amount the administering authority determines in the final determination to be owed 

with respect to the merchandise. 

‘‘(8) EFFECT OF NEGATIVE FINAL DETERMINATION.—If the administering authority makes a final determination under paragraph (2)(B) that merchandise is not covered merchandise that 

has entered into the customs territory of the United States by 

means of evasion, the administering authority shall terminate 

the suspension of liquidation and refund any cash deposit imposed pursuant to paragraph (6) with respect to the merchandise. 

‘‘(9) NOTIFICATION.—Not later than 5 business days after 

making a determination under paragraph (2) with respect to 


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covered merchandise, the administering authority may provide 

to importers, in such manner as the administering authority 

determines appropriate, information discovered in the investigation that the administering authority determines will help 

educate importers with respect to importing merchandise into 

the customs territory of the United States in accordance with 

all applicable laws and regulations. 

‘‘(10) SPECIAL RULE FOR CASES IN WHICH THE PRODUCER OR

EXPORTER IS UNKNOWN.—If the administering authority is unable to determine the actual producer or exporter of the merchandise with respect to which the administering authority initiated an investigation under paragraph (1), the administering 

authority shall, in requiring the posting of a cash deposit 

under paragraph (6) or assessing duties pursuant to paragraph 

(7)(A), impose the cash deposit or duties (as the case may be) 

in the highest amount applicable to any producer or exporter 

of the merchandise pursuant to any order, or any administrative review conducted under section 751. 

‘‘(11) PUBLICATION OF DETERMINATIONS.—The administering 

authority shall publish in the Federal Register each notice of 

initiation of an investigation made under paragraph (1)(A), 

each preliminary determination made under paragraph (2)(A), 

and each final determination made under paragraph (2)(B). 

‘‘(12) REFERRALS TO OTHER AGENCIES.— ‘‘(A) AFTER PRELIMINARY DETERMINATION.—Notwithstanding section 777 and subject to subparagraph (C), 

when the administering authority makes an affirmative 

preliminary determination under paragraph (2)(A), the administering authority shall— 

‘‘(i) transmit the administrative record to the Commissioner for such additional action as the Commissioner determines appropriate, including proceedings 

under section 592; and 

‘‘(ii) at the request of the head of another agency, 

transmit the administrative record to the head of that 

agency. 

‘‘(B) AFTER FINAL DETERMINATION.—Notwithstanding 

section 777 and subject to subparagraph (C), when the administering authority makes an affirmative final determination under paragraph (2)(B), the administering authority shall— 

‘‘(i) transmit the complete administrative record to 

the Commissioner; and 

‘‘(ii) at the request of the head of another agency, 

transmit the complete administrative record to the 

head of that agency. 

‘‘(c) REFERRAL BY U.S. CUSTOMS AND BORDER PROTECTION.—In 

the event the Commissioner receives information that a person has 

entered covered merchandise into the customs territory of the 

United States through evasion, but is not able to determine whether the merchandise is in fact covered merchandise, the Commissioner shall— 

‘‘(1) refer the matter to the administering authority for additional proceedings under subsection (b); and 

‘‘(2) transmit to the administering authority— 


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‘‘(A) copies of the entry documents and information required by section 484(a)(1) relating to the merchandise; 

and 

‘‘(B) any additional records or information that the Commissioner considers appropriate. 

‘‘(d) COOPERATION BETWEEN U.S. CUSTOMS AND BORDER PROTECTION AND THE DEPARTMENT OF COMMERCE.— 

‘‘(1) NOTIFICATION OF INVESTIGATIONS.—Upon receiving a petition and upon initiating an investigation under subsection 

(b), the administering authority shall notify the Commissioner. 

‘‘(2) PROCEDURES FOR COOPERATION.—Not later than 180 

days after the date of the enactment of the Trade Facilitation 

and Trade Enforcement Act of 2015, the Commissioner and the 

administering authority shall establish procedures to ensure 

maximum cooperation and communication between U.S. Customs and Border Protection and the administering authority in 

order to quickly, efficiently, and accurately investigate allegations of evasion of antidumping and countervailing duty orders. 

‘‘(e) ANNUAL REPORT ON PREVENTING EVASION OF ANTIDUMPING

AND COUNTERVAILING DUTY ORDERS.— 

‘‘(1) IN GENERAL.—Not later than February 28 of each year 

beginning in 2016, the Under Secretary for International Trade 

of the Department of Commerce shall submit to the Committee 

on Finance and the Committee on Appropriations of the Senate 

and the Committee on Ways and Means and the Committee on 

Appropriations of the House of Representatives a report on the 

efforts being taken under subsection (b) to prevent evasion of 

antidumping and countervailing duty orders. 

‘‘(2) CONTENTS.—Each report required by paragraph (1) shall 

include, for the calendar year preceding the submission of the 

report— 

‘‘(A)(i) the number of investigations initiated pursuant to 

subsection (b); and 

‘‘(ii) a description of such investigations, including— 

‘‘(I) the results of such investigations; and 

‘‘(II) the amount of antidumping and countervailing 

duties collected as a result of such investigations; and 

‘‘(B) the number of referrals made by the Commissioner 

pursuant to subsection (c).’’. 

(b) TECHNICAL AMENDMENT.—The table of contents for title VII 

of the Tariff Act of 1930 is amended by inserting after the item relating to section 781 the following: 

‘‘Sec. 781A. Procedures for prevention of evasion of antidumping and countervailing 

duty orders.’’. 

(c) JUDICIAL REVIEW.—Section 516A(a)(2) of the Tariff Act of 

1930 (19 U.S.C. 1516a(a)(2)) is amended— 

(1) in subparagraph (A)(i)(I), by striking ‘‘or (viii)’’ and inserting ‘‘(viii), or (ix)’’; and 

(2) in subparagraph (B), by inserting at the end the following: 

‘‘(ix) A determination by the administering authority 

under section 781A.’’. 

(d) REGULATIONS.—Not later than 180 days after the date of the 

enactment of this Act— 


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(1) the Secretary of Commerce shall prescribe such regulations as may be necessary to carry out subsection (b) of section 

781A of the Tariff Act of 1930 (as added by subsection (a) of 

this section); and 

(2) the Commissioner shall prescribe such regulations as 

may be necessary to carry out subsection (c) of such section 

781A. 

(e) EFFECTIVE DATE.—The amendments made by this section 

shall— 

(1) take effect on the date that is 180 days after the date of 

the enactment of this Act; and 

(2) apply with respect to merchandise entered on or after 

such date of enactment. 

SEC. 422. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. 

Not later than 2 years after the date of the enactment of this 

Act, the Comptroller General of the United States shall submit to 

the Committee on Finance and the Committee on Appropriations of 

the Senate and the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives a report 

assessing the effectiveness of— 

(1) the provisions of, and amendments made by, this subtitle; 

and 

(2) the actions taken and procedures developed by the Secretary of Commerce and the Commissioner pursuant to such 

provisions and amendments to prevent evasion of antidumping 

and countervailing duty orders under title VII of the Tariff Act 

of 1930 (19 U.S.C. 1671 et seq.). 

Subtitle C—Other Matters 

SEC. 431. ALLOCATION AND TRAINING OF PERSONNEL. 

The Commissioner shall, to the maximum extent possible, ensure 

that U.S. Customs and Border Protection— 

(1) employs sufficient personnel who have expertise in, and 

responsibility for, preventing and investigating the entry of 

covered merchandise into the customs territory of the United 

States through evasion; 

(2) on the basis of risk assessment metrics, assigns sufficient 

personnel with primary responsibility for preventing the entry 

of covered merchandise into the customs territory of the United 

States through evasion to the ports of entry in the United 

States at which the Commissioner determines potential evasion presents the most substantial threats to the revenue of 

the United States; and 

(3) provides adequate training to relevant personnel to increase expertise and effectiveness in the prevention and identification of entries of covered merchandise into the customs territory of the United States through evasion. 

SEC. 432. ANNUAL REPORT ON PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS. 

(a) IN GENERAL.—Not later than February 28 of each year, beginning in 2016, the Commissioner, in consultation with the Secretary 

of Commerce and the Director of U.S. Immigration and Customs 

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mittees a report on the efforts being taken to prevent and investigate evasion. 

(b) CONTENTS.—Each report required under subsection (a) shall 

include— 

(1) for the calendar year preceding the submission of the report— 

(A) a summary of the efforts of U.S. Customs and Border 

Protection to prevent and identify evasion; 

(B) the number of allegations of evasion received and the 

number of allegations of evasion resulting in any administrative, civil, or criminal actions by U.S. Customs and Border Protection or any other agency; 

(C) a summary of the completed administrative inquiries 

of evasion, including the number and nature of the inquiries initiated, conducted, or completed, as well as their resolution; 

(D) with respect to inquiries that lead to issuance of a 

penalty notice, the penalty amounts; 

(E) the amounts of antidumping and countervailing duties collected as a result of any actions by U.S. Customs 

and Border Protection or any other agency; 

(F) a description of the allocation of personnel and other 

resources of U.S. Customs and Border Protection and U.S. 

Immigration and Customs Enforcement to prevent, identify, and investigate evasion, including any assessments 

conducted regarding the allocation of such personnel and 

resources; and 

(G) a description of training conducted to increase expertise and effectiveness in the prevention, identification, and 

investigation of evasion; and 

(2) a description of U.S. Customs and Border Protection processes and procedures to prevent and identify evasion, including— 

(A) the specific guidelines, policies, and practices used by 

U.S. Customs and Border Protection to ensure that allegations of evasion are promptly evaluated and acted upon in 

a timely manner; 

(B) an evaluation of the efficacy of such existing guidelines, policies, and practices; 

(C) identification of any changes since the last report 

that have materially improved or reduced the effectiveness 

of U.S. Customs and Border Protection to prevent and 

identify evasion; 

(D) a description of the development and implementation 

of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk on noncollection; 

(E) the processes and procedures for increased cooperation and information sharing with the Department of Commerce, U.S. Immigration and Customs Enforcement, and 

any other relevant Federal agencies to prevent and identify evasion; and 


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(F) identification of any recommended policy changes of 

other Federal agencies or legislative changes to improve 

the effectiveness of U.S. Customs and Border Protection to 

prevent and identify evasion. 

SEC. 433. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS. 

Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 

1675(a)(2)(B)) is amended— 

(1) by striking clause (iii); 

(2) by redesignating clause (iv) as clause (iii); and 

(3) inserting after clause (iii), as redesignated by paragraph 

(2) of this section, the following: 

‘‘(iv) DETERMINATIONS BASED ON BONAFIDE SALES.— 

Any weighted average dumping margin or individual 

countervailing duty rate determined for an exporter or 

producer in a review conducted under clause (i) shall 

be based solely on the bona fide United States sales of 

an exporter or producer, as the case may be, made 

during the period covered by the review. In determining whether the United States sales of an exporter 

or producer made during the period covered by the review were bona fide, the administering authority shall 

consider, depending on the circumstances surrounding 

such sales— 

‘‘(I) the prices of such sales; 

‘‘(II) whether such sales were made in commercial quantities; 

‘‘(III) the timing of such sales; 

‘‘(IV) the expenses arising from such sales; 

‘‘(V) whether the subject merchandise involved 

in such sales was resold in the United States at 

a profit; 

‘‘(VI) whether such sales were made on an armslength basis; and 

‘‘(VII) any other factor the administering authority determines to be relevant as to whether 

such sales are, or are not, likely to be typical of 

those the exporter or producer will make after 

completion of the review.’’. 

TITLE V—IMPROVEMENTS TO ANTIDUMPING AND COUNTERVAILING 

DUTY LAWS 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘American Trade Enforcement Effectiveness Act’’. 

SEC. 502. CONSEQUENCES OF FAILURE TO COOPERATE WITH A REQUEST FOR INFORMATION IN A PROCEEDING. 

Section 776 of the Tariff Act of 1930 (19 U.S.C. 1677e) is amended— 

(1) in subsection (b)— 

(A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and by moving 


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such subparagraphs, as so redesignated, 2 ems to the 

right; 

(B) by striking ‘‘ADVERSE INFERENCES.—If’’ and inserting 

the following: ‘‘ADVERSE INFERENCES.— ‘‘(1) IN GENERAL.—If’’; 

(C) by striking ‘‘under this title, may use’’ and inserting 

the following: ‘‘under this title— 

‘‘(A) may use’’; and 

(D) by striking ‘‘facts otherwise available. Such adverse 

inference may include’’ and inserting the following: ‘‘facts 

otherwise available; and 

‘‘(B) is not required to determine, or make any adjustments to, a countervailable subsidy rate or weighted average dumping margin based on any assumptions about information the interested party would have provided if the 

interested party had complied with the request for information. 

‘‘(2) POTENTIAL SOURCES OF INFORMATION FOR ADVERSE INFERENCES.—An adverse inference under paragraph (1)(A) may 

include’’; 

(2) in subsection (c)— 

(A) by striking ‘‘CORROBORATION OF SECONDARY INFOR- MATION.—When the’’ and inserting the following: ‘‘COR- ROBORATION OF SECONDARY INFORMATION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), when 

the’’; and 

(B) by adding at the end the following: 

‘‘(2) EXCEPTION.—The administrative authority and the Commission shall not be required to corroborate any dumping margin or countervailing duty applied in a separate segment of the 

same proceeding.’’; and 

(3) by adding at the end the following: 

‘‘(d) SUBSIDY RATES AND DUMPING MARGINS IN ADVERSE INFER- ENCE DETERMINATIONS.— 

‘‘(1) IN GENERAL.—If the administering authority uses an inference that is adverse to the interests of a party under subsection (b)(1)(A) in selecting among the facts otherwise available, the administering authority may— 

‘‘(A) in the case of a countervailing duty proceeding— 

‘‘(i) use a countervailable subsidy rate applied for 

the same or similar program in a countervailing duty 

proceeding involving the same country, or 

‘‘(ii) if there is no same or similar program, use a 

countervailable subsidy rate for a subsidy program 

from a proceeding that the administering authority 

considers reasonable to use, and 

‘‘(B) in the case of an antidumping duty proceeding, use 

any dumping margin from any segment of the proceeding 

under the applicable antidumping order. 

‘‘(2) DISCRETION TO APPLY HIGHEST RATE.—In carrying out 

paragraph (1), the administering authority may apply any of 

the countervailable subsidy rates or dumping margins specified 

under that paragraph, including the highest such rate or margin, based on the evaluation by the administering authority of 

the situation that resulted in the administering authority 


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using an adverse inference in selecting among the facts otherwise available. 

‘‘(3) NO OBLIGATION TO MAKE CERTAIN ESTIMATES OR ADDRESS

CERTAIN CLAIMS.—If the administering authority uses an adverse inference under subsection (b)(1)(A) in selecting among 

the facts otherwise available, the administering authority is 

not required, for purposes of subsection (c) or for any other 

purpose— 

‘‘(A) to estimate what the countervailable subsidy rate or 

dumping margin would have been if the interested party 

found to have failed to cooperate under subsection (b)(1) 

had cooperated, or 

‘‘(B) to demonstrate that the countervailable subsidy 

rate or dumping margin used by the administering authority reflects an alleged commercial reality of the interested 

party.’’. 

SEC. 503. DEFINITION OF MATERIAL INJURY. 

(a) EFFECT OF PROFITABILITY OF DOMESTIC INDUSTRIES.—Section 

771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is amended by 

adding at the end the following: 

‘‘(J) EFFECT OF PROFITABILITY.—The Commission may 

not determine that there is no material injury or threat of 

material injury to an industry in the United States merely 

because that industry is profitable or because the performance of that industry has recently improved.’’. 

(b) EVALUATION OF IMPACT ON DOMESTIC INDUSTRY IN DETERMINATION OF MATERIAL INJURY.—Subclause (I) of section 

771(7)(C)(iii) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) is 

amended to read as follows: 

‘‘(I) actual and potential decline in output, sales, 

market share, gross profits, operating profits, net 

profits, ability to service debt, productivity, return 

on investments, return on assets, and utilization 

of capacity,’’. 

(c) CAPTIVE PRODUCTION.—Section 771(7)(C)(iv) of the Tariff Act 

of 1930 (19 U.S.C. 1677(7)(C)(iv)) is amended— 

(1) in subclause (I), by striking the comma and inserting ‘‘, 

and’’; 

(2) in subclause (II), by striking ‘‘, and’’ and inserting a 

comma; and 

(3) by striking subclause (III). 

SEC. 504. PARTICULAR MARKET SITUATION. 

(a) DEFINITION OF ORDINARY COURSE OF TRADE.—Section 771(15) 

of the Tariff Act of 1930 (19 U.S.C. 1677(15)) is amended by adding 

at the end the following: 

‘‘(C) Situations in which the administering authority determines that the particular market situation prevents a 

proper comparison with the export price or constructed export price.’’. 

(b) DEFINITION OF NORMAL VALUE.—Section 773(a)(1)(B)(ii)(III) 

of the Tariff Act of 1930 (19 U.S.C. 1677b(a)(1)(B)(ii)(III)) is amended by striking ‘‘in such other country.’’. 

(c) DEFINITION OF CONSTRUCTED VALUE.—Section 773(e) of the 

Tariff Act of 1930 (19 U.S.C. 1677b(e)) is amended— 


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(1) in paragraph (1), by striking ‘‘business’’ and inserting 

‘‘trade’’; and 

(2) by striking the flush text at the end and inserting the following: 

‘‘For purposes of paragraph (1), if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production 

in the ordinary course of trade, the administering authority may 

use another calculation methodology under this subtitle or any 

other calculation methodology. For purposes of paragraph (1), the 

cost of materials shall be determined without regard to any internal tax in the exporting country imposed on such materials or their 

disposition that is remitted or refunded upon exportation of the 

subject merchandise produced from such materials.’’. 

SEC. 505. DISTORTION OF PRICES OR COSTS. 

(a) INVESTIGATION OF BELOW-COST SALES.—Section 773(b)(2) of 

the Tariff Act of 1930 (19 U.S.C. 1677b(b)(2)) is amended by striking subparagraph (A) and inserting the following: 

‘‘(A) REASONABLE GROUNDS TO BELIEVE OR SUSPECT.— ‘‘(i) REVIEW.—In a review conducted under section 

751 involving a specific exporter, there are reasonable 

grounds to believe or suspect that sales of the foreign 

like product have been made at prices that are less 

than the cost of production of the product if the administering authority disregarded some or all of the 

exporter’s sales pursuant to paragraph (1) in the investigation or, if a review has been completed, in the 

most recently completed review. 

‘‘(ii) REQUESTS FOR INFORMATION.—In an investigation initiated under section 732 or a review conducted 

under section 751, the administering authority shall 

request information necessary to calculate the constructed value and cost of production under subsections (e) and (f) to determine whether there are reasonable grounds to believe or suspect that sales of the 

foreign like product have been made at prices that 

represent less than the cost of production of the product.’’. 

(b) PRICES AND COSTS IN NONMARKET ECONOMIES.—Section 

773(c) of the Tariff Act of 1930 (19 U.S.C. 1677b(c)) is amended by 

adding at the end the following: 

‘‘(5) DISCRETION TO DISREGARD CERTAIN PRICE OR COST VALUES.—In valuing the factors of production under paragraph (1) 

for the subject merchandise, the administering authority may 

disregard price or cost values without further investigation if 

the administering authority has determined that broadly available export subsidies existed or particular instances of subsidization occurred with respect to those price or cost values or 

if those price or cost values were subject to an antidumping 

order.’’. 

SEC. 506. REDUCTION IN BURDEN ON DEPARTMENT OF COMMERCE 

BY REDUCING THE NUMBER OF VOLUNTARY RESPONDENTS. 

Section 782(a) of the Tariff Act of 1930 (19 U.S.C. 1677m(a)) is 

amended— 


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(1) in paragraph (1), by redesignating subparagraphs (A) and 

(B) as clauses (i) and (ii), respectively, and by moving such 

clauses, as so redesignated, 2 ems to the right; 

(2) by redesignating paragraphs (1) and (2) as subparagraphs 

(A) and (B), respectively, and by moving such subparagraphs, 

as so redesignated, 2 ems to the right; 

(3) by striking ‘‘INVESTIGATIONS AND REVIEWS.—In’’ and inserting the following: ‘‘INVESTIGATIONS AND REVIEWS.— 

‘‘(1) IN GENERAL.—In’’; 

(4) in paragraph (1), as designated by paragraph (3), by 

amending subparagraph (B), as redesignated by paragraph (2), 

to read as follows: 

‘‘(B) the number of exporters or producers subject to the 

investigation or review is not so large that any additional 

individual examination of such exporters or producers 

would be unduly burdensome to the administering authority and inhibit the timely completion of the investigation 

or review.’’; and 

(5) by adding at the end the following: 

‘‘(2) DETERMINATION OF UNDULY BURDENSOME.—In determining if an individual examination under paragraph (1)(B) 

would be unduly burdensome, the administering authority may 

consider the following: 

‘‘(A) The complexity of the issues or information presented in the proceeding, including questionnaires and any 

responses thereto. 

‘‘(B) Any prior experience of the administering authority 

in the same or similar proceeding. 

‘‘(C) The total number of investigations under subtitle A 

or B and reviews under section 751 being conducted by the 

administering authority as of the date of the determination. 

‘‘(D) Such other factors relating to the timely completion 

of each such investigation and review as the administering 

authority considers appropriate.’’. 

SEC. 507. APPLICATION TO CANADA AND MEXICO. 

Pursuant to article 1902 of the North American Free Trade 

Agreement and section 408 of the North American Free Trade 

Agreement Implementation Act (19 U.S.C. 3438), the amendments 

made by this title shall apply with respect to goods from Canada 

and Mexico. 

TITLE VI—ADDITIONAL ENFORCEMENT 

PROVISIONS 

SEC. 601. TRADE ENFORCEMENT PRIORITIES. 

(a) IN GENERAL.—Section 310 of the Trade Act of 1974 (19 U.S.C. 

2420) is amended to read as follows: 

‘‘SEC. 310. TRADE ENFORCEMENT PRIORITIES. 

‘‘(a) TRADE ENFORCEMENT PRIORITIES, CONSULTATIONS, AND REPORT.— 

‘‘(1) TRADE ENFORCEMENT PRIORITIES CONSULTATIONS.—Not 

later than May 31 of each calendar year that begins after the 


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date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, the United States Trade Representative 

(in this section referred to as the ‘Trade Representative’) shall 

consult with the Committee on Finance of the Senate and the 

Committee on Ways and Means of the House of Representatives with respect to the prioritization of acts, policies, or practices of foreign governments that raise concerns with respect to 

obligations under the WTO Agreements or any other trade 

agreement to which the United States is a party, or otherwise 

create or maintain barriers to United States goods, services, or 

investment. 

‘‘(2) IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.—In 

identifying acts, policies, or practices of foreign governments as 

trade enforcement priorities under this subsection, the United 

States Trade Representative shall focus on those acts, policies, 

and practices the elimination of which is likely to have the 

most significant potential to increase United States economic 

growth, and take into account all relevant factors, including— 

‘‘(A) the economic significance of any potential inconsistency between an obligation assumed by a foreign government pursuant to a trade agreement to which both the foreign government and the United States are parties and the 

acts, policies, or practices of that government; 

‘‘(B) the impact of the acts, policies, or practices of a foreign government on maintaining and creating United 

States jobs and productive capacity; 

‘‘(C) the major barriers and trade distorting practices described in the most recent National Trade Estimate required under section 181(b); 

‘‘(D) the major barriers and trade distorting practices described in other relevant reports addressing international 

trade and investment barriers prepared by a Federal agency or congressional commission during the 12 months preceding the date of the most recent report under paragraph 

(3); 

‘‘(E) a foreign government’s compliance with its obligations under any trade agreements to which both the foreign government and the United States are parties; 

‘‘(F) the implications of a foreign government’s procurement plans and policies; and 

‘‘(G) the international competitive position and export 

potential of United States products and services. 

‘‘(3) REPORT ON TRADE ENFORCEMENT PRIORITIES AND ACTIONS TAKEN TO ADDRESS.— 

‘‘(A) IN GENERAL.—Not later than July 31 of each calendar year that begins after the date of the enactment of 

the Trade Facilitation and Trade Enforcement Act of 2015, 

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 acts, 

policies, or practices of foreign governments identified as 

trade enforcement priorities based on the consultations 

under paragraph (1) and the criteria set forth in paragraph (2). 


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‘‘(B) REPORT IN SUBSEQUENT YEARS.—The Trade Representative shall include, when reporting under subparagraph (A) in any calendar year after the calendar year that 

begins after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, a description of 

actions taken to address any acts, policies, or practices of 

foreign governments identified as trade enforcement priorities under this subsection in the calendar year preceding 

that report and, as relevant, any year before that calendar 

year. 

‘‘(b) SEMI-ANNUAL ENFORCEMENT CONSULTATIONS.— ‘‘(1) IN GENERAL.—At the same time as the reporting under 

subsection (a)(3), and not later than January 31 of each following year, the Trade Representative shall consult with the 

Committee on Finance of the Senate and the Committee on 

Ways and Means of the House of Representatives with respect 

to the identification, prioritization, investigation, and resolution of acts, policies, or practices of foreign governments of concern with respect to obligations under the WTO Agreements or 

any other trade agreement to which the United States is a 

party, or that otherwise create or maintain trade barriers. 

‘‘(2) ACTS, POLICIES, OR PRACTICES OF CONCERN.—The semiannual enforcement consultations required by paragraph (1) 

shall address acts, policies, or practices of foreign governments 

that raise concerns with respect to obligations under the WTO 

Agreements or any other trade agreement to which the United 

States is a party, or otherwise create or maintain trade barriers, including— 

‘‘(A) engagement with relevant trading partners; 

‘‘(B) strategies for addressing such concerns; 

‘‘(C) availability and deployment of resources to be used 

in the investigation or resolution of such concerns; 

‘‘(D) the merits of any potential dispute resolution proceeding under the WTO Agreements or any other trade 

agreement to which the United States is a party relating 

to such concerns; and 

‘‘(E) any other aspects of such concerns. 

‘‘(3) ACTIVE INVESTIGATIONS.—The semi-annual enforcement 

consultations required by paragraph (1) shall address acts, 

policies, or practices that the Trade Representative is actively 

investigating with respect to obligations under the WTO Agreements or any other trade agreement to which the United 

States is a party, including— 

‘‘(A) strategies for addressing concerns raised by such 

acts, policies, or practices; 

‘‘(B) any relevant timeline with respect to investigation 

of such acts, policies, or practices; 

‘‘(C) the merits of any potential dispute resolution proceeding under the WTO Agreements or any other trade 

agreement to which the United States is a party with respect to such acts, policies, or practices; 

‘‘(D) barriers to the advancement of the investigation of 

such acts, policies, or practices; and 

‘‘(E) any other matters relating to the investigation of 

such acts, policies, or practices. 


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‘‘(4) ONGOING ENFORCEMENT ACTIONS.—The semi-annual enforcement consultations required by paragraph (1) shall address all ongoing enforcement actions taken by or against the 

United States with respect to obligations under the WTO 

Agreements or any other trade agreement to which the United 

States is a party, including— 

‘‘(A) any relevant timeline with respect to such actions; 

‘‘(B) the merits of such actions; 

‘‘(C) any prospective implementation actions; 

‘‘(D) potential implications for any law or regulation of 

the United States; 

‘‘(E) potential implications for United States stakeholders, domestic competitors, and exporters; and 

‘‘(F) other issues relating to such actions. 

‘‘(5) ENFORCEMENT RESOURCES.—The semi-annual enforcement consultations required by paragraph (1) shall address the 

availability and deployment of enforcement resources, resource 

constraints on monitoring and enforcement activities, and 

strategies to address those constraints, including the use of 

available resources of other Federal agencies to enhance monitoring and enforcement capabilities. 

‘‘(c) INVESTIGATION AND RESOLUTION.—In the case of any acts, 

policies, or practices of a foreign government identified as a trade 

enforcement priority under subsection (a), the Trade Representative shall, not later than the date of the first semi-annual enforcement consultations held under subsection (b) after the identification of the priority, take appropriate action to address that priority, 

including— 

‘‘(1) engagement with the foreign government to resolve concerns raised by such acts, policies, or practices; 

‘‘(2) initiation of an investigation under section 302(b)(1) with 

respect to such acts, policies, or practices; 

‘‘(3) initiation of negotiations for a bilateral agreement that 

provides for resolution of concerns raised by such acts, policies, 

or practices; or 

‘‘(4) initiation of dispute settlement proceedings under the 

WTO Agreements or any other trade agreement to which the 

United States is a party with respect to such acts, policies, or 

practices. 

‘‘(d) ENFORCEMENT NOTIFICATIONS AND CONSULTATION.— 

‘‘(1) INITIATION OF ENFORCEMENT ACTION.—The Trade Representative shall notify and consult with the Committee on Finance of the Senate and the Committee on Ways and Means 

of the House of Representatives in advance of initiation of any 

formal trade dispute by or against the United States taken in 

regard to an obligation under the WTO Agreements or any 

other trade agreement to which the United States is a party. 

With respect to a formal trade dispute against the United 

States, if advance notification and consultation are not possible, the Trade Representative shall notify and consult at the 

earliest practicable opportunity after initiation of the dispute. 

‘‘(2) CIRCULATION OF REPORTS.—The Trade Representative 

shall notify and consult with the Committee on Finance of the 

Senate and the Committee on Ways and Means of the House 

of Representatives in advance of the announced or anticipated 


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circulation of any report of a dispute settlement panel or the 

Appellate Body of the World Trade Organization or of a dispute settlement panel under any other trade agreement to 

which the United States is a party with respect to a formal 

trade dispute by or against the United States. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) WTO.—The term ‘WTO’ means the World Trade Organization. 

‘‘(2) WTO AGREEMENT.—The term ‘WTO Agreement’ has the 

meaning given that term in section 2(9) of the Uruguay Round 

Agreements Act (19 U.S.C. 3501(9)). 

‘‘(3) WTO AGREEMENTS.—The term ‘WTO Agreements’ means 

the WTO Agreement and agreements annexed to that Agreement.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the Trade 

Act of 1974 is amended by striking the item relating to section 310 

and inserting the following:’’. 

‘‘Sec. 310. Trade enforcement priorities.’’. 

SEC. 602. EXERCISE OF WTO AUTHORIZATION TO SUSPEND CONCESSIONS OR OTHER OBLIGATIONS UNDER TRADE AGREEMENTS. 

(a) IN GENERAL.—Section 306 of the Trade Act of 1974 (19 U.S.C. 

2416) is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following: 

‘‘(c) EXERCISE OF WTO AUTHORIZATION TO SUSPEND CONCESSIONS

OR OTHER OBLIGATIONS.—If— 

‘‘(1) action has terminated pursuant to section 307(c), 

‘‘(2) the petitioner or any representative of the domestic industry that would benefit from reinstatement of action has 

submitted to the Trade Representative a written request for reinstatement of action, and 

‘‘(3) the Trade Representatives has completed the requirements of subsection (d) and section 307(c)(3), 

the Trade Representative may at any time determine to take action 

under section 301(c) to exercise an authorization to suspend concessions or other obligations under Article 22 of the Understanding on 

Rules and Procedures Governing the Settlement of Disputes (referred to in section 101(d)(16) of the Uruguay Round Agreements 

Act (19 U.S.C. 3511(d)(16))).’’. 

(b) CONFORMING AMENDMENTS.—Chapter 1 of title III of the 

Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended— 

(1) in section 301(c)(1) (19 U.S.C. 2411(c)(1)), in the matter 

preceding subparagraph (A), by inserting ‘‘or section 306(c)’’ 

after ‘‘subsection (a) or (b)’’; 

(2) in section 306(b) (19 U.S.C. 2416(b)), in the subsection 

heading, by striking ‘‘FURTHER ACTION’’ and inserting ‘‘ACTION

ON THE BASIS OF MONITORING’’; 

(3) in section 306(d) (19 U.S.C. 2416(d)), as redesignated by 

subsection (a)(1), by inserting ‘‘or (c)’’ after ‘‘subsection (b)’’; 

and 

(4) in section 307(c)(3) (19 U.S.C. 2417(c)(3)), by inserting ‘‘or 

if a request is submitted to the Trade Representative under 

section 306(c)(2) to reinstate action,’’ after ‘‘under section 301,’’. 


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SEC. 603. TRADE MONITORING. 

(a) IN GENERAL.—Chapter 1 of title II of the Trade Act of 1974 

(19 U.S.C. 2251 et seq.) is amended by adding at the end the following: 

‘‘SEC. 205. TRADE MONITORING. 

‘‘(a) MONITORING TOOL FOR IMPORTS.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, the United States International Trade Commission shall make available on a website of the Commission 

an import monitoring tool to allow the public access to data on 

the volume and value of goods imported to the United States 

for the purpose of assessing whether such data has changed 

with respect to such goods over a period of time. 

‘‘(2) DATA DESCRIBED.—For purposes of the monitoring tool 

under paragraph (1), the Commission shall use data compiled 

by the Department of Commerce and such other government 

data as the Commission considers appropriate. 

‘‘(3) PERIODS OF TIME.—The Commission shall ensure that 

data accessed through the monitoring tool under paragraph (1) 

includes data for the most recent quarter for which such data 

are available and previous quarters as the Commission considers practicable. 

‘‘(b) MONITORING REPORTS.— 

‘‘(1) IN GENERAL.—Not later than 270 days after the date of 

the enactment of this section, and not less frequently than 

quarterly thereafter, the Secretary of Commerce shall publish 

on a website of the Department of Commerce, and notify the 

Committee on Finance of the Senate and the Committee on 

Ways and Means of the House of Representatives of the availability of, a monitoring report on changes in the volume and 

value of trade with respect to imports and exports of goods categorized based on the 6-digit subheading number of the goods 

under the Harmonized Tariff Schedule of the United States 

during the most recent quarter for which such data are available and previous quarters as the Secretary considers practicable. 

‘‘(2) REQUESTS FOR COMMENT.—Not later than one year after 

the date of the enactment of this section, the Secretary of Commerce shall solicit through the Federal Register public comment on the monitoring reports described in paragraph (1). 

‘‘(c) SUNSET.—The requirements under this section terminate on 

the date that is seven years after the date of the enactment of this 

section.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the Trade 

Act of 1974 (19 U.S.C. 2101 et seq.) is amended by inserting after 

the item relating to section 204 the following: 

‘‘Sec. 205. Trade monitoring.’’. 


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TITLE VII—CURRENCY MANIPULATION 

SEC. 701. ENHANCEMENT OF ENGAGEMENT ON CURRENCY EXCHANGE 

RATE AND ECONOMIC POLICIES WITH CERTAIN MAJOR 

TRADING PARTNERS OF THE UNITED STATES. 

(a) MAJOR TRADING PARTNER REPORT.— (1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, and not less frequently than once 

every 180 days thereafter, the Secretary shall submit to the 

appropriate committees of Congress a report on the macroeconomic and currency exchange rate policies of each country 

that is a major trading partner of the United States. 

(2) ELEMENTS.— (A) IN GENERAL.—Each report submitted under paragraph (1) shall contain— 

(i) for each country that is a major trading partner 

of the United States— 

(I) that country’s bilateral trade balance with 

the United States; 

(II) that country’s current account balance as a 

percentage of its gross domestic product; 

(III) the change in that country’s current account balance as a percentage of its gross domestic product during the 3-year period preceding the 

submission of the report; 

(IV) that country’s foreign exchange reserves as 

a percentage of its short-term debt; and 

(V) that country’s foreign exchange reserves as 

a percentage of its gross domestic product; and 

(ii) an enhanced analysis of macroeconomic and exchange rate policies for each country— 

(I) that is a major trading partner of the United 

States; 

(II) the currency of which is persistently and 

substantially undervalued; 

(III) that has— 

(aa) a significant bilateral trade surplus 

with the United States; and 

(bb) a material global current account surplus; and 

(IV) that has engaged in persistent one-sided 

intervention in the foreign exchange market. 

(B) ENHANCED ANALYSIS.—Each enhanced analysis 

under subparagraph (A)(ii) shall include, for each country 

with respect to which an analysis is made under that subparagraph— 

(i) a description of developments in the currency 

markets of that country, including, to the greatest extent feasible, developments with respect to currency 

interventions; 

(ii) a description of trends in the real effective exchange rate of the currency of that country and in the 

degree of undervaluation of that currency; 

(iii) an analysis of changes in the capital controls 

and trade restrictions of that country; and 


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(iv) patterns in the reserve accumulation of that 

country. 

(b) ENGAGEMENT ON EXCHANGE RATE AND ECONOMIC POLICIES.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

President, through the Secretary, shall commence enhanced bilateral engagement with each country for which an enhanced 

analysis of macroeconomic and currency exchange rate policies 

is included in the report submitted under subsection (a), in 

order to— 

(A) urge implementation of policies to address the causes 

of the undervaluation of its currency, its bilateral trade 

surplus with the United States, and its material global 

current account surplus, including undervaluation and surpluses relating to exchange rate management; 

(B) express the concern of the United States with respect 

to the adverse trade and economic effects of that undervaluation and those surpluses; 

(C) develop measurable objectives for addressing that 

undervaluation and those surpluses; and 

(D) advise that country of the ability of the President to 

take action under subsection (c). 

(2) EXCEPTION.—The Secretary may determine not to enhance bilateral engagement with a country under paragraph 

(1) for which an enhanced analysis of macroeconomic and exchange rate policies is included in the report submitted under 

subsection (a) if the Secretary submits to the appropriate committees of Congress a report that describes how the currency 

and other macroeconomic policies of that country are addressing the undervaluation and surpluses specified in paragraph 

(1)(A) with respect to that country, including undervaluation 

and surpluses relating to exchange rate management. 

(c) REMEDIAL ACTION.— 

(1) IN GENERAL.—If, on the date that is one year after the 

commencement of enhanced bilateral engagement by the President with respect to a country under subsection (b)(1), the 

country has failed to adopt appropriate policies to correct the 

undervaluation and surpluses described in subsection (b)(1)(A) 

with respect to that country, the President may take one or 

more of the following actions: 

(A) Prohibit the Overseas Private Investment Corporation from approving, on and after such date, any new financing (including any insurance, reinsurance, or guarantee) with respect to a project located in that country. 

(B) Except as provided in paragraph (2), and pursuant 

to paragraph (3), prohibit the Federal Government from 

procuring, or entering into any contract for the procurement of, goods or services from that country on and after 

such date. 

(C) Instruct the United States Executive Director of the 

International Monetary Fund to use the voice and vote of 

the United States to call for additional rigorous surveillance of the macroeconomic and exchange rate policies of 

that country and, as appropriate, formal consultations on 

findings of currency manipulation. 


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(D) Instruct the United States Trade Representative to 

take into account, in consultation with the Secretary, in 

assessing whether to enter into a bilateral or regional 

trade agreement with that country or to initiate or participate in negotiations with respect to a bilateral or regional 

trade agreement with that country, the extent to which 

that country has failed to adopt appropriate policies to correct the undervaluation and surpluses described in subsection (b)(1)(A). 

(2) EXCEPTION.—The President may not apply a prohibition 

under paragraph (1)(B) with respect to a country that is a 

party to the Agreement on Government Procurement or a free 

trade agreement to which the United States is a party. 

(3) CONSULTATIONS.— (A) OFFICE OF MANAGEMENT AND BUDGET.—Before applying a prohibition under paragraph (1)(B), the President 

shall consult with the Director of the Office of Management and Budget to determine whether such prohibition 

would subject the taxpayers of the United States to unreasonable cost. 

(B) CONGRESS.—The President shall consult with the appropriate committees of Congress with respect to any action the President takes under paragraph (1)(B), including 

whether the President has consulted as required under 

subparagraph (A). 

(d) DEFINITIONS.—In this section: 

(1) AGREEMENT ON GOVERNMENT PROCUREMENT.—The term 

‘‘Agreement on Government Procurement’’ means the agreement referred to in section 101(d)(17) of the Uruguay Round 

Agreements Act (19 U.S.C. 3511(d)(17)). 

(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate; and 

(B) the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives. 

(3) COUNTRY.—The term ‘‘country’’ means a foreign country, 

dependent territory, or possession of a foreign country, and 

may include an association of 2 or more foreign countries, dependent territories, or possessions of countries into a customs 

union outside the United States. 

(4) REAL EFFECTIVE EXCHANGE RATE.—The term ‘‘real effective exchange rate’’ means a weighted average of bilateral exchange rates, expressed in price-adjusted terms. 

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Treasury. 

SEC. 702. ADVISORY COMMITTEE ON INTERNATIONAL EXCHANGE 

RATE POLICY. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established an Advisory Committee on International Exchange Rate Policy (in this section 

referred to as the ‘‘Committee’’). 

(2) DUTIES.—The Committee shall be responsible for advising 

the Secretary of the Treasury with respect to the impact of 


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international exchange rates and financial policies on the economy of the United States. 

(b) MEMBERSHIP.— (1) IN GENERAL.—The Committee shall be composed of 9 

members as follows, none of whom may be employees of the 

Federal Government: 

(A) Three members shall be appointed by the President 

pro tempore of the Senate, upon the recommendation of 

the chairmen and ranking members of the Committee on 

Banking, Housing, and Urban Affairs and the Committee 

on Finance of the Senate. 

(B) Three members shall be appointed by the Speaker of 

the House of Representatives upon the recommendation of 

the chairmen and ranking members of the Committee on 

Financial Services and the Committee on Ways and Means 

of the House of Representatives. 

(C) Three members shall be appointed by the President. 

(2) QUALIFICATIONS.—Members shall be selected under paragraph (1) on the basis of their objectivity and demonstrated expertise in finance, economics, or currency exchange. 

(3) TERMS.— (A) IN GENERAL.—Members shall be appointed for a term 

of 2 years or until the Committee terminates. 

(B) REAPPOINTMENT.—A member may be reappointed to 

the Committee for additional terms. 

(4) VACANCIES.—Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner as the 

original appointment. 

(c) DURATION OF COMMITTEE.— 

(1) IN GENERAL.—The Committee shall terminate on the date 

that is 2 years after the date of the enactment of this Act unless renewed by the President for a subsequent 2-year period. 

(2) CONTINUED RENEWAL.—The President may continue to 

renew the Committee for successive 2-year periods by taking 

appropriate action to renew the Committee prior to the date on 

which the Committee would otherwise terminate. 

(d) MEETINGS.—The Committee shall hold not less than 2 meetings each calendar year. 

(e) CHAIRPERSON.— (1) IN GENERAL.—The Committee shall elect from among its 

members a chairperson for a term of 2 years or until the Committee terminates. 

(2) REELECTION; SUBSEQUENT TERMS.—A chairperson of the 

Committee may be reelected chairperson but is ineligible to 

serve consecutive terms as chairperson. 

(f) STAFF.—The Secretary of the Treasury shall make available 

to the Committee such staff, information, personnel, administrative 

services, and assistance as the Committee may reasonably require 

to carry out the activities of the Committee. 

(g) APPLICATION OF THE FEDERAL ADVISORY COMMITTEE ACT.— (1) IN GENERAL.—Except as provided in paragraph (2), the 

provisions of the Federal Advisory Committee Act (5 U.S.C. 

App.) shall apply to the Committee. 

(2) EXCEPTION.—Meetings of the Committee shall be exempt 

from the requirements of subsections (a) and (b) of section 10 


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and section 11 of the Federal Advisory Committee Act (relating 

to open meetings, public notice, public participation, and public 

availability of documents), whenever and to the extent it is determined by the President or the Secretary of the Treasury 

that such meetings will be concerned with matters the disclosure of which— 

(A) would seriously compromise the development by the 

Government of the United States of monetary or financial 

policy; or 

(B) is likely to— 

(i) lead to significant financial speculation in currencies, securities, or commodities; or 

(ii) significantly endanger the stability of any financial institution. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary of the Treasury for each fiscal 

year in which the Committee is in effect $1,000,000 to carry out 

this section. 

TITLE VIII—ESTABLISHMENT OF U.S. 

CUSTOMS AND BORDER PROTECTION 

SEC. 801. SHORT TITLE. 

This title may be cited as the ‘‘U.S. Customs and Border Protection Authorization Act’’. 

SEC. 802. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION. 

(a) IN GENERAL.—Section 411 of the Homeland Security Act of 

2002 (6 U.S.C. 211) is amended to read as follows: 

‘‘SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION; COMMISSIONER, DEPUTY COMMISSIONER, AND 

OPERATIONAL OFFICES. 

‘‘(a) IN GENERAL.—There is established in the Department an 

agency to be known as U.S. Customs and Border Protection. 

‘‘(b) COMMISSIONER OF U.S. CUSTOMS AND BORDER PROTECTION.—There shall be at the head of U.S. Customs and Border Protection a Commissioner of U.S. Customs and Border Protection (in 

this section referred to as the ‘Commissioner’), who shall be appointed by the President, by and with the advice and consent of the 

Senate. 

‘‘(c) DUTIES.—The Commissioner shall— 

‘‘(1) ensure the interdiction of persons and goods illegally entering or exiting the United States; 

‘‘(2) facilitate and expedite the flow of legitimate travelers 

and trade; 

‘‘(3) detect, respond to, and interdict terrorists, drug smugglers and traffickers, human smugglers and traffickers, and 

other persons who may undermine the security of the United 

States, in cases in which such persons are entering, or have recently entered, the United States; 

‘‘(4) safeguard the borders of the United States to protect 

against the entry of dangerous goods; 


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‘‘(5) oversee the functions of the Office of Trade established 

under section 802(h) of the Trade Facilitation and Trade Enforcement Act of 2015; 

‘‘(6) enforce and administer all customs laws of the United 

States, including the Tariff Act of 1930; 

‘‘(7) enforce and administer all immigration laws, as such 

term is defined in paragraph (17) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), as necessary for 

the inspection, processing, and admission of persons who seek 

to enter or depart the United States, and as necessary to ensure the detection, interdiction, removal, departure from the 

United States, short-term detention, and transfer of persons 

unlawfully entering, or who have recently unlawfully entered, 

the United States, in coordination with U.S. Immigration and 

Customs Enforcement and United States Citizenship and Immigration Services; 

‘‘(8) develop and implement screening and targeting capabilities, including the screening, reviewing, identifying, and 

prioritizing of passengers and cargo across all international 

modes of transportation, both inbound and outbound; 

‘‘(9) in coordination with the Secretary, deploy technology to 

collect the data necessary for the Secretary to administer the 

biometric entry and exit data system pursuant to section 7208 

of the Intelligence Reform and Terrorism Prevention Act of 

2004 (8 U.S.C. 1365b); 

‘‘(10) enforce and administer the laws relating to agricultural 

import and entry inspection referred to in section 421; 

‘‘(11) in coordination with the Under Secretary for Management of the Department, ensure U.S. Customs and Border Protection complies with Federal law, the Federal Acquisition Regulation, and the Department’s acquisition management directives for major acquisition programs of U.S. Customs and Border Protection; 

‘‘(12) enforce and administer— 

‘‘(A) the Container Security Initiative program under 

section 205 of the Security and Accountability for Every 

Port Act of 2006 (6 U.S.C. 945; Public Law 109–347); and 

‘‘(B) the Customs-Trade Partnership Against Terrorism 

program under sections 211 through 223 of such Act (6 

U.S.C. 961-973); 

‘‘(13) conduct polygraph examinations in accordance with section 3(1) of the Anti-Border Corruption Act of 2010 (Public Law 

111–376); 

‘‘(14) establish the standard operating procedures described 

in subsection (k); 

‘‘(15) carry out the training required under subsection (l); 

and 

‘‘(16) carry out other duties and powers prescribed by law or 

delegated by the Secretary. 

‘‘(d) DEPUTY COMMISSIONER.—There shall be in U.S. Customs 

and Border Protection a Deputy Commissioner who shall assist the 

Commissioner in the management of U.S. Customs and Border Protection. 

‘‘(e) U.S. BORDER PATROL.— 


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‘‘(1) IN GENERAL.—There is established in U.S. Customs and 

Border Protection the U.S. Border Patrol. 

‘‘(2) CHIEF.—There shall be at the head of the U.S. Border 

Patrol a Chief, who shall report to the Commissioner. 

‘‘(3) DUTIES.—The U.S. Border Patrol shall— 

‘‘(A) serve as the law enforcement office of U.S. Customs 

and Border Protection with primary responsibility for 

interdicting persons attempting to illegally enter or exit 

the United States or goods being illegally imported into or 

exported from the United States at a place other than a 

designated port of entry; 

‘‘(B) deter and prevent illegal entry of terrorists, terrorist weapons, persons, and contraband; and 

‘‘(C) carry out other duties and powers prescribed by the 

Commissioner. 

‘‘(f) OFFICE OF AIR AND MARINE OPERATIONS.— 

‘‘(1) IN GENERAL.—There is established in U.S. Customs and 

Border Protection an Office of Air and Marine Operations. 

‘‘(2) ASSISTANT COMMISSIONER.—There shall be at the head of 

the Office of Air and Marine Operations an Assistant Commissioner, who shall report to the Commissioner. 

‘‘(3) DUTIES.—The Office of Air and Marine Operations 

shall— 

‘‘(A) serve as the law enforcement office within U.S. Customs and Border Protection with primary responsibility to 

detect, interdict, and prevent acts of terrorism and the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States in the air and 

maritime environment; 

‘‘(B) conduct joint aviation and marine operations with 

U.S. Immigration and Customs Enforcement; 

‘‘(C) conduct aviation and marine operations with international, Federal, State, and local law enforcement agencies, as appropriate; 

‘‘(D) administer the Air and Marine Operations Center 

established under paragraph (4); and 

‘‘(E) carry out other duties and powers prescribed by the 

Commissioner. 

‘‘(4) AIR AND MARINE OPERATIONS CENTER.— 

‘‘(A) IN GENERAL.—There is established in the Office of 

Air and Marine Operations an Air and Marine Operations 

Center. 

‘‘(B) EXECUTIVE DIRECTOR.—There shall be at the head of 

the Air and Marine Operations Center an Executive Director, who shall report to the Assistant Commissioner of the 

Office of Air and Marine Operations. 

‘‘(C) DUTIES.—The Air and Marine Operations Center 

shall— 

‘‘(i) manage the air and maritime domain awareness 

of the Department; 

‘‘(ii) monitor and coordinate the airspace for Unmanned Aerial Systems operations of the Office of Air 

and Marine Operations in U.S. Customs and Border 

Protection; 


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‘‘(iii) detect, identify, and coordinate a response to 

threats to national security in the air domain; 

‘‘(iv) provide aviation and marine support to other 

Federal, State, tribal, and local agencies; and 

‘‘(v) carry out other duties and powers prescribed by 

the Assistant Commissioner. 

‘‘(g) OFFICE OF FIELD OPERATIONS.— ‘‘(1) IN GENERAL.—There is established in U.S. Customs and 

Border Protection an Office of Field Operations. 

‘‘(2) ASSISTANT COMMISSIONER.—There shall be at the head of 

the Office of Field Operations an Assistant Commissioner, who 

shall report to the Commissioner. 

‘‘(3) DUTIES.—The Office of Field Operations shall coordinate 

the enforcement activities of U.S. Customs and Border Protection at United States air, land, and sea ports of entry to— 

‘‘(A) deter and prevent terrorists and terrorist weapons 

from entering the United States at such ports of entry; 

‘‘(B) conduct inspections at such ports of entry to safeguard the United States from terrorism and illegal entry 

of persons; 

‘‘(C) prevent illicit drugs, agricultural pests, and contraband from entering the United States; 

‘‘(D) in coordination with the Commissioner, facilitate 

and expedite the flow of legitimate travelers and trade; 

‘‘(E) administer the National Targeting Center established under paragraph (4); and 

‘‘(F) carry out other duties and powers prescribed by the 

Commissioner. 

‘‘(4) NATIONAL TARGETING CENTER.— 

‘‘(A) IN GENERAL.—There is established in the Office of 

Field Operations a National Targeting Center. 

‘‘(B) EXECUTIVE DIRECTOR.—There shall be at the head of 

the National Targeting Center an Executive Director, who 

shall report to the Assistant Commissioner of the Office of 

Field Operations. 

‘‘(C) DUTIES.—The National Targeting Center shall— 

‘‘(i) serve as the primary forum for targeting operations within U.S. Customs and Border Protection to 

collect and analyze traveler and cargo information in 

advance of arrival in the United States; 

‘‘(ii) identify, review, and target travelers and cargo 

for examination; 

‘‘(iii) coordinate the examination of entry and exit of 

travelers and cargo; 

‘‘(iv) develop and conduct commercial risk assessment targeting with respect to cargo destined for the 

United States; 

‘‘(v) issue Trade Alerts pursuant to section 111 of 

the Trade Facilitation and Trade Enforcement Act of 

2015; and 

‘‘(vi) carry out other duties and powers prescribed by 

the Assistant Commissioner. 

‘‘(5) ANNUAL REPORT ON STAFFING.—Not later than 30 days 

after the date of the enactment of the Trade Facilitation and 

Trade Enforcement Act of 2015 and annually thereafter, the 


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Assistant Commissioner shall submit to the appropriate congressional committees a report on the staffing model for the 

Office of Field Operations, including information on how many 

supervisors, front-line U.S. Customs and Border Protection officers, and support personnel are assigned to each Field Office 

and port of entry. 

‘‘(h) OFFICE OF INTELLIGENCE.— ‘‘(1) IN GENERAL.—There is established in U.S. Customs and 

Border Protection an Office of Intelligence. 

‘‘(2) ASSISTANT COMMISSIONER.—There shall be at the head of 

the Office of Intelligence an Assistant Commissioner, who shall 

report to the Commissioner. 

‘‘(3) DUTIES.—The Office of Intelligence shall— 

‘‘(A) develop, provide, coordinate, and implement intelligence capabilities into a cohesive intelligence enterprise 

to support the execution of the duties and responsibilities 

of U.S. Customs and Border Protection; 

‘‘(B) collect and analyze advance traveler and cargo information; 

‘‘(C) establish, in coordination with the Chief Intelligence 

Officer of the Department, as appropriate, intelligencesharing relationships with Federal, State, local, and tribal 

agencies and intelligence agencies; 

‘‘(D) conduct risk-based covert testing of U.S. Customs 

and Border Protection operations, including for nuclear 

and radiological risks; and 

‘‘(E) carry out other duties and powers prescribed by the 

Commissioner. 

‘‘(i) OFFICE OF INTERNATIONAL AFFAIRS.— 

‘‘(1) IN GENERAL.—There is established in U.S. Customs and 

Border Protection an Office of International Affairs. 

‘‘(2) ASSISTANT COMMISSIONER.—There shall be at the head of 

the Office of International Affairs an Assistant Commissioner, 

who shall report to the Commissioner. 

‘‘(3) DUTIES.—The Office of International Affairs, in collaboration with the Office of Policy of the Department, shall— 

‘‘(A) coordinate and support U.S. Customs and Border 

Protection’s foreign initiatives, policies, programs, and activities; 

‘‘(B) coordinate and support U.S. Customs and Border 

Protection’s personnel stationed abroad; 

‘‘(C) maintain partnerships and information sharing 

agreements and arrangements with foreign governments, 

international organizations, and United States agencies in 

support of U.S. Customs and Border Protection duties and 

responsibilities; 

‘‘(D) provide necessary capacity building, training, and 

assistance to foreign border control agencies to strengthen 

global supply chain and travel security, as appropriate; 

‘‘(E) coordinate mission support services to sustain U.S. 

Customs and Border Protection’s global activities; 

‘‘(F) coordinate U.S. Customs and Border Protection’s engagement in international negotiations; and 

‘‘(G) carry out other duties and powers prescribed by the 

Commissioner. 


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‘‘(j) OFFICE OF INTERNAL AFFAIRS.— ‘‘(1) IN GENERAL.—There is established in U.S. Customs and 

Border Protection an Office of Internal Affairs. 

‘‘(2) ASSISTANT COMMISSIONER.—There shall be at the head of 

the Office of Internal Affairs an Assistant Commissioner, who 

shall report to the Commissioner. 

‘‘(3) DUTIES.—The Office of Internal Affairs shall— 

‘‘(A) investigate criminal and administrative matters and 

misconduct by officers, agents, and other employees of U.S. 

Customs and Border Protection; 

‘‘(B) perform investigations of applicants for employment 

with U.S. Customs and Border Protection and periodic reinvestigations (in accordance with section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 

(50 U.S.C. 3341; Public Law 108–458)) of officers, agents, 

and other employees of United States Custom and Border 

Protection, including investigations to determine suitability for employment and eligibility for access to classified information; 

‘‘(C) manage integrity of U.S. Customs and Border Protection’s counter-intelligence operations, including conduct 

of counter-intelligence investigations; 

‘‘(D) conduct research and analysis regarding misconduct 

of officers, agents, and other employees of U.S. Customs 

and Border Protection; and 

‘‘(E) carry out other duties and powers prescribed by the 

Commissioner. 

‘‘(k) STANDARD OPERATING PROCEDURES.— ‘‘(1) IN GENERAL.—The Commissioner shall establish— 

‘‘(A) standard operating procedures for searching, reviewing, retaining, and sharing information contained in 

communication, electronic, or digital devices encountered 

by U.S. Customs and Border Protection personnel at 

United States ports of entry; 

‘‘(B) standard use of force procedures that officers and 

agents of U.S. Customs and Border Protection may employ 

in the execution of their duties, including the use of deadly 

force; 

‘‘(C) a uniform, standardized, and publically-available 

procedure for processing and investigating complaints 

against officers, agents, and employees of U.S. Customs 

and Border Protection for violations of professional conduct, including the timely disposition of complaints and a 

written notification to the complainant of the status or outcome, as appropriate, of the related investigation, in accordance with section 552a of title 5, United States Code 

(commonly referred to as the ‘Privacy Act’ or the ‘Privacy 

Act of 1974’); 

‘‘(D) an internal, uniform reporting mechanism regarding incidents involving the use of deadly force by an officer 

or agent of U.S. Customs and Border Protection, including 

an evaluation of the degree to which the procedures required under subparagraph (B) were followed; and 

‘‘(E) standard operating procedures, acting through the 

Assistant Commissioner for Air and Marine Operations 


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and in coordination with the Office for Civil Rights and 

Civil Liberties and the Office of Privacy of the Department, to provide command, control, communication, surveillance, and reconnaissance assistance through the use 

of unmanned aerial systems, including the establishment 

of— 

‘‘(i) a process for other Federal, State, and local law 

enforcement agencies to submit mission requests; 

‘‘(ii) a formal procedure to determine whether to approve or deny such a mission request; 

‘‘(iii) a formal procedure to determine how such mission requests are prioritized and coordinated; and 

‘‘(iv) a process regarding the protection and privacy 

of data and images collected by U.S. Customs and Border Protection through the use of unmanned aerial 

systems. 

‘‘(2) REQUIREMENTS REGARDING CERTAIN NOTIFICATIONS.— 

The standard operating procedures established pursuant to 

subparagraph (A) of paragraph (1) shall require— 

‘‘(A) in the case of a search of information conducted on 

an electronic device by U.S. Customs and Border Protection personnel, the Commissioner to notify the individual 

subject to such search of the purpose and authority for 

such search, and how such individual may obtain information on reporting concerns about such search; and 

‘‘(B) in the case of information collected by U.S. Customs 

and Border Protection through a search of an electronic device, if such information is transmitted to another Federal 

agency for subject matter assistance, translation, or 

decryption, the Commissioner to notify the individual subject to such search of such transmission. 

‘‘(3) EXCEPTIONS.— 

‘‘(A) IN GENERAL.—The Commissioner may withhold the 

notifications required under paragraphs (1)(C) and (2) if 

the Commissioner determines that such notifications 

would impair national security, law enforcement, or other 

operational interests. 

‘‘(B) TERRORIST WATCH LISTS.— ‘‘(i) SEARCHES.—If the individual subject to search of 

an electronic device pursuant to subparagraph (A) of 

paragraph (1) is included on a Government-operated 

or Government-maintained terrorist watch list, the notifications required under paragraph (2) shall not 

apply. 

‘‘(ii) COMPLAINTS.—If the complainant using the 

process established under subparagraph (C) of paragraph (1) is included on a Government-operated or 

Government-maintained terrorist watch list, the notification required under such subparagraph shall not 

apply. 

‘‘(4) UPDATE AND REVIEW.—The Commissioner shall review 

and update every three years the standard operating procedures required under this subsection. 

‘‘(5) AUDITS.—The Inspector General of the Department of 

Homeland Security shall develop and annually administer an 


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auditing mechanism to review whether searches of electronic 

devices at or between United States ports of entry are being 

conducted in conformity with the standard operating procedures required under subparagraph (A) of paragraph (1). Such 

audits shall be submitted to the appropriate congressional committees and shall include the following: 

‘‘(A) A description of the activities of officers and agents 

of U.S. Customs and Border Protection with respect to 

such searches. 

‘‘(B) The number of such searches. 

‘‘(C) The number of instances in which information contained in such devices that were subjected to such searches 

was retained, copied, shared, or entered in an electronic 

database. 

‘‘(D) The number of such devices detained as the result 

of such searches. 

‘‘(E) The number of instances in which information collected from such device was subjected to such searches was 

transmitted to another Federal agency, including whether 

such transmission resulted in a prosecution or conviction. 

‘‘(6) REQUIREMENTS REGARDING OTHER NOTIFICATIONS.—The 

standard operating procedures established pursuant to subparagraph (B) of paragraph (1) shall require— 

‘‘(A) in the case of an incident of the use of deadly force 

by U.S. Customs and Border Protection personnel, the 

Commissioner to notify the appropriate congressional committees; and 

‘‘(B) the Commissioner to provide to such committees a 

copy of the evaluation pursuant to subparagraph (D) of 

such paragraph not later than 30 days after completion of 

such evaluation. 

‘‘(7) REPORT ON UNMANNED AERIAL SYSTEMS.—The Commissioner shall submit to the appropriate congressional committees an annual report that reviews whether the use of unmanned aerial systems are being conducted in conformity with 

the standard operating procedures required under subparagraph (E) of paragraph (1). Such reports— 

‘‘(A) shall be submitted with the President’s annual 

budget; 

‘‘(B) may be submitted in classified form if the Commissioner determines that such is appropriate, and 

‘‘(C) shall include— 

‘‘(i) a detailed description of how, where, and for how 

long data and images collected through the use of unmanned aerial systems by U.S. Customs and Border 

Protection is collected and stored; and 

‘‘(ii) a list of Federal, State, and local law enforcement agencies that submitted mission requests in the 

previous year and the disposition of such requests. 

‘‘(l) TRAINING.—The Commissioner shall require all officers and 

agents of U.S. Customs and Border Protection to participate in a 

specified amount of continuing education (to be determined by the 

Commissioner) to maintain an understanding of Federal legal rulings, court decisions, and departmental policies, procedures, and 

guidelines. 


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‘‘(m) SHORT TERM DETENTION STANDARDS.— 

‘‘(1) ACCESS TO FOOD AND WATER.—The Commissioner shall 

make every effort to ensure that adequate access to food and 

water is provided to an individual apprehended and detained 

at or between a United States port of entry as soon as practicable following the time of such apprehension or during subsequent short term detention. 

‘‘(2) ACCESS TO INFORMATION ON DETAINEE RIGHTS AT BORDER

PATROL PROCESSING CENTERS.— 

‘‘(A) IN GENERAL.—The Commissioner shall ensure that 

an individual apprehended by a U.S. Border Patrol agent 

or an Office of Field Operations officer is provided with information concerning such individual’s rights, including 

the right to contact a representative of such individual’s 

government for purposes of United States treaty obligations. 

‘‘(B) FORM.—The information referred to in subparagraph (A) may be provided either verbally or in writing, 

and shall be posted in the detention holding cell in which 

such individual is being held. The information shall be provided in a language understandable to such individual. 

‘‘(3) SHORT TERM DETENTION DEFINED.—In this subsection, 

the term ‘short term detention’ means detention in a U.S. Customs and Border Protection processing center for 72 hours or 

less, before repatriation to a country of nationality or last habitual residence. 

‘‘(4) DAYTIME REPATRIATION.—When practicable, repatriations shall be limited to daylight hours and avoid locations 

that are determined to have high indices of crime and violence. 

‘‘(5) REPORT ON PROCUREMENT PROCESS AND STANDARDS.— 

Not later than 180 days after the date of the enactment of this 

section, the Comptroller General of the United States shall 

submit to the appropriate congressional committees a report on 

the procurement process and standards of entities with which 

U.S. Customs and Border Protection has contracts for the 

transportation and detention of individuals apprehended by 

agents or officers of U.S. Customs and Border Protection. Such 

report should also consider the operational efficiency of contracting the transportation and detention of such individuals. 

‘‘(6) REPORT ON INSPECTIONS OF SHORT-TERM CUSTODY FACILITIES.—The Commissioner shall— 

‘‘(A) annually inspect all facilities utilized for short term 

detention; and 

‘‘(B) make publically available information collected pursuant to such inspections, including information regarding 

the requirements under paragraphs (1) and (2) and, where 

appropriate, issue recommendations to improve the conditions of such facilities. 

‘‘(n) WAIT TIMES TRANSPARENCY.— 

‘‘(1) IN GENERAL.—The Commissioner shall— 

‘‘(A) publish live wait times at the 20 United States airports that support the highest volume of international 

travel (as determined by available Federal flight data); 


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‘‘(B) make information about such wait times available 

to the public in real time through the U.S. Customs and 

Border Protection Web site; 

‘‘(C) submit to the appropriate congressional committees 

quarterly reports that include compilations of all such wait 

times and a ranking of such United States airports by wait 

times; and 

‘‘(D) provide adequate staffing at the U.S. Customs and 

Border Protection information center to ensure timely access for travelers attempting to submit comments or speak 

with a representative about their entry experiences. 

‘‘(2) CALCULATION.—The wait times referred to in paragraph 

(1)(A) shall be determined by calculating the time elapsed between an individual’s entry into the U.S. Customs and Border 

Protection inspection area and such individual’s clearance by a 

U.S. Customs and Border Protection officer. 

‘‘(o) OTHER AUTHORITIES.— 

‘‘(1) IN GENERAL.—The Secretary may establish such other 

offices or Assistant Commissioners (or other similar officers or 

officials) as the Secretary determines necessary to carry out 

the missions, duties, functions, and authorities of U.S. Customs and Border Protection. 

‘‘(2) NOTIFICATION.—If the Secretary exercises the authority 

provided pursuant to paragraph (1), the Secretary shall notify 

the appropriate congressional committees not later than 30 

days before exercising such authority. 

‘‘(p) OTHER FEDERAL AGENCIES.—Nothing in this section may be 

construed as affecting in any manner the authority, existing on the 

date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, of any other Federal agency, including the 

Transportation Security Administration, with respect to the duties 

of U.S. Customs and Border Protection described in subsection (c).’’. 

(b) SPECIAL RULES.— (1) TREATMENT.—Section 411 of the Homeland Security Act 

of 2002, as amended by subsection (a) of this section, shall be 

treated as if included in such Act as of the date of the enactment of such Act, and, in addition to the functions, missions, 

duties, and authorities specified in such amended section 411, 

U.S. Customs and Border Protection shall continue to perform 

and carry out the functions, missions, duties, and authorities 

under section 411 of such Act as in existence on the day before 

such date of enactment, and section 415 of such Act. 

(2) RULES OF CONSTRUCTION.— 

(A) RULES AND REGULATIONS.—Notwithstanding paragraph (1), nothing in this title or any amendment made by 

this title may be construed as affecting in any manner any 

rule or regulation issued or promulgated pursuant to any 

provision of law, including section 411 of the Homeland Security Act of 2002 as in existence on the day before the 

date of the enactment of this Act, and any such rule or 

regulation shall continue to have full force and effect on 

and after such date. 

(B) OTHER ACTIONS.—Notwithstanding paragraph (1), 

nothing in this Act may be construed as affecting in any 

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suant to section 411 of the Homeland Security Act of 2002 

as in existence on the day before the date of the enactment 

of this Act, and any such action, determination, policy, or 

decision shall continue to have full force and effect on and 

after such date. 

(c) CONTINUATION IN OFFICE.— 

(1) COMMISSIONER.—The individual serving as the Commissioner of Customs on the day before the date of the enactment 

of this Act may serve as the Commissioner of U.S. Customs 

and Border Protection on and after such date of enactment 

until a Commissioner of U.S. Customs and Border Protection 

is appointed under section 411 of the Homeland Security Act 

of 2002, as amended by subsection (a) of this section. 

(2) OTHER POSITIONS.—The individuals serving as Assistant 

Commissioners and other officers and officials under section 

411 of the Homeland Security Act of 2002 on the day before 

the date of the enactment of this Act may serve as the appropriate Assistant Commissioners and other officers and officials 

under such section 411 as amended by subsection (a) of this 

section unless the Commissioner of U.S. Customs and Border 

Protection determines that another individual should hold such 

position or positions. 

(d) REFERENCE.— 

(1) TITLE 5.—Section 5314 of title 5, United States Code, is 

amended by striking ‘‘Commissioner of Customs, Department 

of Homeland Security’’ and inserting ‘‘Commissioner of U.S. 

Customs and Border Protection, Department of Homeland Security’’. 

(2) OTHER REFERENCES.—On and after the date of the enactment of this Act, any reference in law or regulations to the 

‘‘Commissioner of Customs’’ or the ‘‘Commissioner of the Customs Service’’ shall be deemed to be a reference to the Commissioner of U.S. Customs and Border Protection. 

(e) CLERICAL AMENDMENT.—The table of contents in section 1(b) 

of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 

amended by striking the item relating to section 411 and inserting 

the following new item: 

‘‘Sec. 411. Establishment of U.S. Customs and Border Protection; Commissioner, 

Deputy Commissioner, and operational offices.’’. 

(f) REPEALS.—Sections 416 and 418 of the Homeland Security Act 

of 2002 (6 U.S.C. 216 and 218), and the items relating to such sections in the table of contents in section 1(b) of such Act, are repealed. 

(g) CLERICAL AND CONFORMING AMENDMENTS.— 

(1) IN GENERAL.—The Homeland Security Act of 2002 (6 

U.S.C. 101 et seq.) is amended— 

(A) in title I— 

(i) in section 102(f)(10) (6 U.S.C. 112(f)(10)), by striking ‘‘the Directorate of Border and Transportation Security’’ and inserting ‘‘the Commissioner of U.S. Customs and Border Protection’’; and 

(ii) in section 103(a)(1) (6 U.S.C. 113(a)(1))— 

(I) in subparagraph (C), by striking ‘‘An Under 

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rity.’’ and inserting ‘‘A Commissioner of U.S. Customs and Border Protection.’’; and 

(II) in subparagraph (G), by striking ‘‘A Director 

of the Office of Counternarcotics Enforcement.’’ 

and inserting ‘‘A Director of U.S. Immigration and 

Customs Enforcement.’’; and 

(B) in title IV— 

(i) by striking the title heading and inserting ‘‘BORDER, MARITIME, AND TRANSPORTATION SECURITY’’; 

(ii) in subtitle A— 

(I) by striking the subtitle heading and inserting ‘‘Border, Maritime, and Transportation 

Security Responsibilities and Functions’’; and 

(II) in section 402 (6 U.S.C. 202)— 

(aa) in the section heading, by striking ‘‘RESPONSIBILITIES’’ and inserting ‘‘BORDER, MARITIME, AND TRANSPORTATION RESPONSIBILITIES’’; and 

(bb) by striking ‘‘, acting through the Under 

Secretary for Border and Transportation Security,’’; 

(iii) in subtitle B— 

(I) by striking the subtitle heading and inserting ‘‘U.S. Customs and Border Protection’’; 

(II) in section 412(b) (6 U.S.C. 212), by striking 

‘‘the United States Customs Service’’ each place it 

appears and inserting ‘‘U.S. Customs and Border 

Protection’’; 

(III) in section 413 (6 U.S.C. 213), by striking 

‘‘available to the United States Customs Service 

or’’; 

(IV) in section 414 (6 U.S.C. 214), by striking 

‘‘the United States Customs Service’’ and inserting 

‘‘U.S. Customs and Border Protection’’; and 

(V) in section 415 (6 U.S.C. 215)— 

(aa) in paragraph (7), by inserting before 

the colon the following: ‘‘, and of U.S. Customs 

and Border Protection on the day before the 

effective date of the U.S. Customs and Border 

Protection Authorization Act’’; and 

(bb) in paragraph (8), by inserting before 

the colon the following: ‘‘, and of U.S. Customs 

and Border Protection on the day before the 

effective date of the U.S. Customs and Border 

Protection Authorization Act’’; 

(iv) in subtitle C— 

(I) by striking section 424 (6 U.S.C. 234) and inserting the following new section: 

‘‘SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY ADMINISTRATION AS A DISTINCT ENTITY. 

‘‘Notwithstanding any other provision of this Act, the Transportation Security Administration shall be maintained as a distinct 

entity within the Department.’’; and 

(II) in section 430 (6 U.S.C. 238)— 


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(aa) by amending subsection (a) to read as 

follows: 

‘‘(a) ESTABLISHMENT.—There is established in the Department an 

Office for Domestic Preparedness.’’; 

(bb) in subsection (b), by striking the second 

sentence; and 

(cc) in subsection (c)(7), by striking ‘‘Directorate’’ and inserting ‘‘Department’’; and 

(v) in subtitle D— 

(I) in section 441 (6 U.S.C. 251)— 

(aa) by striking the section heading and inserting ‘‘TRANSFER OF FUNCTIONS’’; and 

(bb) by striking ‘‘Under Secretary for Border 

and Transportation Security’’ and inserting 

‘‘Secretary’’; 

(II) in section 443 (6 U.S.C. 253)— 

(aa) in the matter preceding paragraph (1), 

by striking ‘‘Under Secretary for Border and 

Transportation Security’’ and inserting ‘‘Secretary’’; and 

(bb) by striking ‘‘the Bureau of Border Security’’ and inserting ‘‘U.S. Immigration and 

Customs Enforcement’’ each place it appears; 

and 

(III) by amending section 444 (6 U.S.C. 254) to 

read as follows: 

‘‘SEC. 444. EMPLOYEE DISCIPLINE. 

‘‘Notwithstanding any other provision of law, the Secretary may 

impose disciplinary action on any employee of U.S. Immigration 

and Customs Enforcement and U.S. Customs and Border Protection who willfully deceives Congress or agency leadership on any 

matter.’’. 

(2) CONFORMING AMENDMENTS.—Section 401 of the Homeland Security Act of 2002 (6 U.S.C. 201) is repealed. 

(3) CLERICAL AMENDMENTS.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 is amended— 

(A) by striking the item relating to title IV and inserting 

the following: 

‘‘TITLE IV—BORDER, MARITIME, AND TRANSPORTATION SECURITY’’; 

(B) by striking the item relating to subtitle A of title IV 

and inserting the following: 

‘‘Subtitle A—Border, Maritime, and Transportation Security Responsibilities and 

Functions’’; 

(C) by striking the item relating to section 401; 

(D) by striking the item relating to subtitle B of title IV 

and inserting the following: 

‘‘Subtitle B—U.S. Customs and Border Protection’’; 

(E) by striking the item relating to section 441 and inserting the following: 

‘‘Sec. 441. Transfer of functions.’’; 

and 


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(F) by striking the item relating to section 442 and inserting the following: 

‘‘Sec. 442. U.S. Immigration and Customs Enforcement.’’. 

(h) OFFICE OF TRADE.— 

(1) TRADE OFFICES AND FUNCTIONS.—The Act of March 3, 

1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), is 

amended by adding at the end the following: 

‘‘SEC. 4. OFFICE OF TRADE. 

‘‘(a) IN GENERAL.—There is established in U.S. Customs and Border Protection an Office of Trade. 

‘‘(b) ASSISTANT COMMISSIONER.— 

‘‘(1) IN GENERAL.—There shall be at the head of the Office of 

Trade an Assistant Commissioner, who shall report to the 

Commissioner of U.S. Customs and Border Protection. 

‘‘(2) QUALIFICATIONS.—The Assistant Commissioner shall 

have a minimum of 10 years of professional experience with 

the customs and trade laws of the United States. 

‘‘(3) SENIOR EXECUTIVE SERVICE POSITION.—The position of 

Assistant Commissioner for Trade shall be a Senior Executive 

Service position (as defined in section 3132(a) of title 5, United 

States Code). 

‘‘(c) DUTIES.—The Office of Trade shall— 

‘‘(1) direct the development and implementation, pursuant to 

the customs and trade laws of the United States, of policies 

and regulations administered by U.S. Customs and Border Protection; 

‘‘(2) advise the Commissioner with respect to the impact on 

trade facilitation and trade enforcement of any policy or regulation otherwise proposed or administered by U.S. Customs 

and Border Protection; 

‘‘(3) coordinate and cooperate with the Assistant Commissioner for the Office of Field Operations with respect to the 

trade facilitation and trade enforcement activities of U.S. Customs and Border Protection carried out at the land borders and 

ports of entry of the United States; 

‘‘(4) direct the development and implementation of matters 

relating to the priority trade issues identified by the Commissioner of U.S. Customs and Border Protection in the joint strategic plan on trade facilitation and trade enforcement required 

under section 123A of the Customs and Trade Act of 1990; 

‘‘(5) otherwise advise the Commissioner of U.S. Customs and 

Border Protection with respect to the development and implementation of the joint strategic plan; 

‘‘(6) direct the trade enforcement activities of U.S. Customs 

and Border Protection; 

‘‘(7) oversee the trade modernization activities of U.S. Customs and Border Protection, including the development and 

implementation of the Automated Commercial Environment 

computer system authorized under section 13031(f)(5) of the 

Consolidated Omnibus Budget and Reconciliation Act of 1985 

(19 U.S.C. 58c(f)(5)) and support for the establishment of the 

International Trade Data System under the oversight of the 

Department of Treasury pursuant to section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)); 


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‘‘(8) direct the administration of customs revenue functions 

as otherwise provided by law or delegated by the Commissioner of U.S. Customs and Border Protection; and 

‘‘(9) prepare an annual report to be submitted to the Committee on Finance of the Senate and the Committee on Ways 

and Means of the House of Representatives not later than 

March 1 of each calendar year that includes— 

‘‘(A) a summary of the changes to customs policies and 

regulations adopted by U.S. Customs and Border Protection during the preceding calendar year; and 

‘‘(B) a description of the public vetting and interagency 

consultation that occurred with respect to each such 

change. 

‘‘(d) TRANSFER OF ASSETS, FUNCTIONS, AND PERSONNEL; ELIMINATION OF OFFICES.— 

‘‘(1) OFFICE OF INTERNATIONAL TRADE.— 

‘‘(A) TRANSFER.—Not later than 30 days after the date of 

the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, the Commissioner shall transfer the 

assets, functions, personnel, and liabilities of the Office of 

International Trade to the Office of Trade established 

under subsection (b). 

‘‘(B) ELIMINATION.—Not later than 30 days after the date 

of enactment of the Trade Facilitation and Trade Enforcement Act of 2015, the Office of International Trade shall 

be abolished. 

‘‘(C) LIMITATION ON FUNDS.—No funds appropriated to 

U.S. Customs and Border Protection or the Department of 

Homeland Security may be used to transfer the assets, 

functions, personnel, and liabilities of the Office of International Trade to an office other than the Office of Trade 

established under subsection (a). 

‘‘(D) OFFICE OF INTERNATIONAL TRADE DEFINED.—In this 

paragraph, the term ‘Office of International Trade’ means 

the Office of International Trade established by section 2 

of the Act of March 3, 1927 (44. Stat. 1381, chapter 348; 

19 U.S.C. 2072), as added by section 402 of the Security 

and Accountability for Every Port Act of 2006 (Public Law 

109–347; 120 Stat. 1924), and as in effect on the day before the date of the enactment of the Trade Facilitation 

and Trade Enforcement Act of 2015. 

‘‘(2) OTHER TRANSFERS.— 

‘‘(A) IN GENERAL.—The Commissioner is authorized to 

transfer any other assets, functions, or personnel within 

U.S. Customs and Border Protection to the Office of Trade 

established under subsection (d). 

‘‘(B) CONGRESSIONAL NOTIFICATION.—Not less than 90 

days prior to the transfer of assets, functions, or personnel 

under subparagraph (A)(i), the Commissioner shall notify 

the Committee on Finance of the Senate, the Committee 

on Homeland Security and Government Affairs of the Senate, the Committee on Ways and Means of the House of 

Representatives, and the Committee on Homeland Security of the House of Representatives of the specific assets, 


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functions, or personnel to be transferred, and the reason 

for the transfer. 

‘‘(e) DEFINITIONS.—In this section, the terms ‘customs and trade 

laws of the United States’, ‘trade enforcement’, and ‘trade facilitation’ have the meanings given such terms in section 2 of the Trade 

Facilitation and Trade Enforcement Act of 2015.’’. 

(2) CONTINUATION IN OFFICE.—The individual serving as the 

Assistant Commissioner of the Office of International Trade on 

the day before the date of the enactment of this Act may serve 

as the Assistant Commissioner for Trade on or after such date 

of enactment, at the discretion of the Commissioner. 

(3) CONFORMING AMENDMENTS.—Section 2 of the Act of 

March 3, 1927 (44. Stat. 1381, chapter 348; 19 U.S.C. 2072), 

as added by section 402 of the Security and Accountability for 

Every Port Act of 2006 (Public Law 109–347; 120 Stat. 1924), 

is amended— 

(A) by striking subsection (d); and 

(B) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. 

(i) REPORTS AND ASSESSMENTS.— 

(1) REPORT ON BUSINESS TRANSFORMATION INITIATIVE.—Not 

later than 90 days after the date of the enactment of this Act, 

the Commissioner of U.S. Customs and Border Protection shall 

submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives 

and the Committee on Homeland Security and Governmental 

Affairs and the Committee on Finance of the Senate a report 

on U.S. Customs and Border Protection’s Business Transformation Initiative, including locations where the Initiative is 

deployed, the types of equipment utilized, a description of protocols and procedures, information on wait times at such locations since deployment, and information regarding the schedule for deployment at new locations. 

(2) PORT OF ENTRY INFRASTRUCTURE NEEDS ASSESSMENTS.— 

Not later 180 days after the date of the enactment of this Act, 

the Commissioner of U.S. Customs and Border Protection shall 

assess the physical infrastructure and technology needs at the 

20 busiest land ports of entry (as measured by U.S. Customs 

and Border Protection) with a particular attention to identify 

ways to— 

(A) improve travel and trade facilitation; 

(B) reduce wait times; 

(C) improve physical infrastructure and conditions for 

individuals accessing pedestrian ports of entry; 

(D) enter into long-term leases with nongovernmental 

and private sector entities; 

(E) enter into lease-purchase agreements with nongovernmental and private sector entities; and 

(F) achieve cost savings through leases described in subparagraphs (D) and (E). 

(3) PERSONAL SEARCHES.—Not later than 90 days after the 

date of the enactment of this Act, the Commissioner of U.S. 

Customs and Border Protection shall submit to the Committee 

on Homeland Security of the House of Representatives and the 

Committee on Homeland Security and Governmental Affairs of 


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the Senate a report on supervisor-approved personal searches 

conducted in the previous year by U.S. Customs and Border 

Protection personnel. Such report shall include the number of 

personal searches conducted in each sector and field office, the 

number of invasive personal searches conducted in each sector 

and field office, whether personal searches were conducted by 

Office of Field Operations or U.S. Border Patrol personnel, and 

how many personal searches resulted in the discovery of contraband. 

(j) TRUSTED TRAVELER PROGRAMS.—The Secretary of Homeland 

Security may not enter into or renew an agreement with the government of a foreign country for a trusted traveler program administered by U.S. Customs and Border Protection unless the Secretary certifies in writing that such government— 

(1) routinely submits to INTERPOL for inclusion in 

INTERPOL’s Stolen and Lost Travel Documents database information about lost and stolen passports and travel documents of the citizens and nationals of such country; or 

(2) makes available to the United States Government the information described in paragraph (1) through another means of 

reporting. 

(k) SENSE OF CONGRESS REGARDING THE FOREIGN LANGUAGE

AWARD PROGRAM.— 

(1) FINDINGS.—Congress finds the following: 

(A) Congress established the Foreign Language Award 

Program (FLAP) to incentivize employees at United States 

ports of entry to utilize their foreign language skills on the 

job by providing a financial incentive for the use of the foreign language for at least ten percent of their duties after 

passage of competency tests. FLAP incentivizes the use of 

more than two dozen languages and has been instrumental 

in identifying and utilizing U.S. Customs and Border Protection officers and agents who are proficient in a foreign 

language. 

(B) In 1993, Congress provided for dedicated funding for 

this program by stipulating that certain fees collected by 

U.S. Customs and Border Protection be used to fund 

FLAP. 

(C) Through FLAP, foreign travelers are aided by having 

an officer at a port of entry who speaks their language, 

and U.S. Customs and Border Protection benefits by being 

able to focus its border security efforts in a more effective 

manner. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that 

FLAP incentivizes U.S. Customs and Border Protection officers 

to attain and maintain competency in a foreign language, 

thereby improving the efficiency of operations for the functioning of U.S. Customs and Border Protection’s security mission, making the United States a more welcoming place when 

foreign travelers find officers can communicate in their language, and helping to expedite traveler processing to reduce 

wait times. 


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TITLE IX—MISCELLANEOUS 

PROVISIONS 

SEC. 901. DE MINIMIS VALUE. 

(a) DE MINIMIS VALUE.—Section 321(a)(2)(C) of the Tariff Act of 

1930 (19 U.S.C. 1321(a)(2)(C)) is amended by striking ‘‘$200’’ and 

inserting ‘‘$800’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to articles entered, or withdrawn from 

warehouse for consumption, on or after the 15th day after the date 

of the enactment of this Act. 

SEC. 902. CONSULTATION ON TRADE AND CUSTOMS REVENUE FUNCTIONS. 

Section 401(c) of the Safety and Accountability for Every Port Act 

(6 U.S.C. 115(c)) is amended— 

(1) in paragraph (1), by striking ‘‘on Department policies and 

actions that have’’ and inserting ‘‘not later than 30 days after 

proposing, and not later than 30 days before finalizing, any Department policies, initiatives, or actions that will have’’; and 

(2) in paragraph (2)(A), by striking ‘‘not later than 30 days 

prior to the finalization of’’ and inserting ‘‘not later than 60 

days before proposing, and not later than 60 days before finalizing,’’. 

SEC. 903. PENALTIES FOR CUSTOMS BROKERS. 

(a) IN GENERAL.—Section 641(d)(1) of the Tariff Act of 1930 (19 

U.S.C. 1641(d)(1)) is amended— 

(1) in subparagraph (E), by striking ‘‘; or’’ and inserting a 

semicolon; 

(2) in subparagraph (F), by striking the period and inserting 

‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(G) has been convicted of committing or conspiring to 

commit an act of terrorism described in section 2332b of 

title 18, United States Code.’’. 

(b) TECHNICAL AMENDMENTS.—Section 641 of the Tariff Act of 

1930 (19 U.S.C. 1641) is amended— 

(1) by striking ‘‘the Customs Service’’ each place it appears 

and inserting ‘‘U.S. Customs and Border Protection’’; 

(2) in subsection (d)(2)(B), by striking ‘‘The Customs Service’’ 

and inserting ‘‘U.S. Customs and Border Protection’’; and 

(3) in subsection (g)(2)(B), by striking ‘‘Secretary’s notice’’ 

and inserting ‘‘notice under subparagraph (A)’’. 

SEC. 904. AMENDMENTS TO CHAPTER 98 OF THE HARMONIZED TARIFF 

SCHEDULE OF THE UNITED STATES. 

(a) ARTICLES EXPORTED AND RETURNED, ADVANCED OR IMPROVED

ABROAD.— 

(1) IN GENERAL.—U.S. Note 3 to subchapter II of chapter 98 

of the Harmonized Tariff Schedule of the United States is 

amended by adding at the end the following: 

‘‘(f)(1) For purposes of subheadings 9802.00.40 and 9802.00.50, 

fungible articles exported from the United States for the purposes 

described in such subheadings— 

‘‘(A) may be commingled; and 


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‘‘(B) the origin, value, and classification of such articles may 

be accounted for using an inventory management method. 

‘‘(2) If a person chooses to use an inventory management method 

under this paragraph with respect to fungible articles, the person 

shall use the same inventory management method for any other articles with respect to which the person claims fungibility under this 

paragraph. 

‘‘(3) For the purposes of this paragraph— 

‘‘(A) the term ‘fungible articles’ means merchandise or articles that, for commercial purposes, are identical or interchangeable in all situations; and 

‘‘(B) the term ‘inventory management method’ means any 

method for managing inventory that is based on generally accepted accounting principles.’’. 

(2) EFFECTIVE DATE.—The amendment made by this subsection applies to articles classifiable under subheading 

9802.00.40 or 9802.00.50 of the Harmonized Tariff Schedule of 

the United States that are entered, or withdrawn from warehouse for consumption, on or after the date that is 60 days 

after the date of the enactment of this Act. 

(b) MODIFICATION OF PROVISIONS RELATING TO RETURNED PROPERTY.— 

(1) IN GENERAL.—The article description for heading 

9801.00.10 of the Harmonized Tariff Schedule of the United 

States is amended by inserting after ‘‘exported’’ the following: 

‘‘, or any other products when returned within 3 years after 

having been exported’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) applies to articles entered, or withdrawn from warehouse 

for consumption, on or after the date that is 60 days after the 

date of the enactment of this Act. 

(c) DUTY-FREE TREATMENT FOR CERTAIN UNITED STATES GOVERNMENT PROPERTY RETURNED TO THE UNITED STATES.— 

(1) IN GENERAL.—Subchapter I of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 

‘‘ 9801.00.11 United States Government 

property, returned to the 

United States without having been advanced in 

value or improved in condition by any means while 

abroad, entered by the 

United States Government 

or a contractor to the 

United States Government, 

and certified by the importer as United States 

Government property .......... Free ’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) applies to goods entered, or withdrawn from warehouse for 

consumption, on or after the date that is 60 days after the date 

of the enactment of this Act. 


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SEC. 905. EXEMPTION FROM DUTY OF RESIDUE OF BULK CARGO CONTAINED IN INSTRUMENTS OF INTERNATIONAL TRAFFIC 

PREVIOUSLY EXPORTED FROM THE UNITED STATES. 

(a) IN GENERAL.—General Note 3(e) of the Harmonized Tariff 

Schedule of the United States is amended— 

(1) in subparagraph (v), by striking ‘‘and’’ at the end; 

(2) in subparagraph (vi), by adding ‘‘and’’ at the end; 

(3) by inserting after subparagraph (vi) (as so amended) the 

following new subparagraph: 

‘‘(vii) residue of bulk cargo contained in instruments of 

international traffic previously exported from the United 

States,’’; and 

(4) by adding at the end of the flush text following subparagraph (vii) (as so added) the following: ‘‘For purposes of subparagraph (vii) of this paragraph: The term ‘residue’ means 

material of bulk cargo that remains in an instrument of international traffic after the bulk cargo is removed, with a quantity, by weight or volume, not exceeding 7 percent of the bulk 

cargo, and with no or de minimis value. The term ‘bulk cargo’ 

means cargo that is unpackaged and is in either solid, liquid, 

or gaseous form. The term ‘instruments of international traffic’ 

means containers or holders, capable of and suitable for repeated use, such as lift vans, cargo vans, shipping tanks, skids, 

pallets, caul boards, and cores for textile fabrics, arriving 

(whether loaded or empty) in use or to be used in the shipment 

of merchandise in international traffic, and any additional articles or classes of articles that the Commissioner of U.S. Customs and Border Protection designates as instruments of international traffic.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection (a) 

take effect on the date of the enactment of this Act and apply with 

respect to residue of bulk cargo contained in instruments of international traffic that are imported into the customs territory of the 

United States on or after such date of enactment and that previously have been exported from the United States. 

SEC. 906. DRAWBACK AND REFUNDS. 

(a) ARTICLES MADE FROM IMPORTED MERCHANDISE.—Section 

313(a) of the Tariff Act of 1930 (19 U.S.C. 1313(a)) is amended by 

striking ‘‘the full amount of the duties paid upon the merchandise 

so used shall be refunded as drawback, less 1 per centum of such 

duties, except that such’’ and inserting ‘‘an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury 

under subsection (l) shall be refunded as drawback, except that’’. 

(b) SUBSTITUTION FOR DRAWBACK PURPOSES.—Section 313(b) of 

the Tariff Act of 1930 (19 U.S.C. 1313(b)) is amended— 

(1) by striking ‘‘If imported’’ and inserting the following: 

‘‘(1) IN GENERAL.—If imported’’; 

(2) by striking ‘‘and any other merchandise (whether imported or domestic) of the same kind and quality are’’ and inserting ‘‘or merchandise classifiable under the same 8-digit 

HTS subheading number as such imported merchandise is’’; 

(3) by striking ‘‘three years’’ and inserting ‘‘5 years’’; 

(4) by striking ‘‘the receipt of such imported merchandise by 

the manufacturer or producer of such articles’’ and inserting 

‘‘the date of importation of such imported merchandise’’; 


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(5) by striking ‘‘an amount of drawback equal to’’ and all that 

follows through the end period and inserting ‘‘an amount calculated pursuant to regulations prescribed by the Secretary of 

the Treasury under subsection (l), but only if those articles 

have not been used prior to such exportation or destruction.’’; 

and 

(6) by adding at the end the following: 

‘‘(2) REQUIREMENTS RELATING TO TRANSFER OF MERCHAN- DISE.— 

‘‘(A) MANUFACTURERS AND PRODUCERS.—Drawback shall 

be allowed under paragraph (1) with respect to an article 

manufactured or produced using imported merchandise or 

other merchandise classifiable under the same 8-digit HTS 

subheading number as such imported merchandise only if 

the manufacturer or producer of the article received such 

imported merchandise or such other merchandise, directly 

or indirectly, from the importer. 

‘‘(B) EXPORTERS AND DESTROYERS.—Drawback shall be 

allowed under paragraph (1) with respect to a manufactured or produced article that is exported or destroyed only 

if the exporter or destroyer received that article, directly or 

indirectly, from the manufacturer or producer. 

‘‘(C) EVIDENCE OF TRANSFER.—Transfers of merchandise 

under subparagraph (A) and transfers of articles under 

subparagraph (B) may be evidenced by business records 

kept in the normal course of business and no additional 

certificates of transfer or manufacture shall be required. 

‘‘(3) SUBMISSION OF BILL OF MATERIALS OR FORMULA.— ‘‘(A) IN GENERAL.—Drawback shall be allowed under 

paragraph (1) with respect to an article manufactured or 

produced using imported merchandise or other merchandise classifiable under the same 8-digit HTS subheading 

number as such imported merchandise only if the person 

making the drawback claim submits with the claim a bill 

of materials or formula identifying the merchandise and 

article by the 8-digit HTS subheading number and the 

quantity of the merchandise. 

‘‘(B) BILL OF MATERIALS AND FORMULA DEFINED.—In this 

paragraph, the terms ‘bill of materials’ and ‘formula’ mean 

records kept in the normal course of business that identify 

each component incorporated into a manufactured or produced article or that identify the quantity of each element, 

material, chemical, mixture, or other substance incorporated into a manufactured article. 

‘‘(4) SPECIAL RULE FOR SOUGHT CHEMICAL ELEMENTS.— 

‘‘(A) IN GENERAL.—For purposes of paragraph (1), a 

sought chemical element may be— 

‘‘(i) considered imported merchandise, or merchandise classifiable under the same 8-digit HTS subheading number as such imported merchandise, used 

in the manufacture or production of an article as described in paragraph (1); and 

‘‘(ii) substituted for source material containing that 

sought chemical element, without regard to whether 

the sought chemical element and the source material 


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are classifiable under the same 8-digit HTS subheading number, and apportioned quantitatively, as 

appropriate. 

‘‘(B) SOUGHT CHEMICAL ELEMENT DEFINED.—In this paragraph, the term ‘sought chemical element’ means an element listed in the Periodic Table of Elements that is imported into the United States or a chemical compound consisting of those elements, either separately in elemental 

form or contained in source material.’’. 

(c) MERCHANDISE NOT CONFORMING TO SAMPLE OR SPECIFICA- TIONS.—Section 313(c) of the Tariff Act of 1930 (19 U.S.C. 1313(c)) 

is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (C)(ii), by striking ‘‘under a certificate of delivery’’ each place it appears; 

(B) in subparagraph (D)— 

(i) by striking ‘‘3’’ and inserting ‘‘5’’; and 

(ii) by striking ‘‘the Customs Service’’ and inserting 

‘‘U.S. Customs and Border Protection’’; and 

(C) in the flush text at the end, by striking ‘‘the full 

amount of the duties paid upon such merchandise, less 1 

percent,’’ and inserting ‘‘an amount calculated pursuant to 

regulations prescribed by the Secretary of the Treasury 

under subsection (l)’’; 

(2) in paragraph (2), by striking ‘‘the Customs Service’’ and 

inserting ‘‘U.S. Customs and Border Protection’’; and 

(3) by amending paragraph (3) to read as follows: 

‘‘(3) EVIDENCE OF TRANSFERS.—Transfers of merchandise 

under paragraph (1) may be evidenced by business records 

kept in the normal course of business and no additional certificates of transfer shall be required.’’. 

(d) PROOF OF EXPORTATION.—Section 313(i) of the Tariff Act of 

1930 (19 U.S.C. 1313(i)) is amended to read as follows: 

‘‘(i) PROOF OF EXPORTATION.—A person claiming drawback under 

this section based on the exportation of an article shall provide 

proof of the exportation of the article. Such proof of exportation— 

‘‘(1) shall establish fully the date and fact of exportation and 

the identity of the exporter; and 

‘‘(2) may be established through the use of records kept in 

the normal course of business or through an electronic export 

system of the United States Government, as determined by the 

Commissioner of U.S. Customs and Border Protection.’’. 

(e) UNUSED MERCHANDISE DRAWBACK.—Section 313(j) of the Tariff Act of 1930 (19 U.S.C. 1313(j)) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), in the matter preceding clause 

(i)— 

(i) by striking ‘‘3-year’’ and inserting ‘‘5-year’’; and 

(ii) by inserting ‘‘and before the drawback claim is 

filed’’ after ‘‘the date of importation’’; and 

(B) in the flush text at the end, by striking ‘‘99 percent 

of the amount of each duty, tax, or fee so paid’’ and inserting ‘‘an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection 

(l)’’; 


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(2) in paragraph (2)— 

(A) in the matter preceding subparagraph (A), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraphs (4), (5), and 

(6)’’; 

(B) in subparagraph (A), by striking ‘‘commercially interchangeable with’’ and inserting ‘‘classifiable under the 

same 8-digit HTS subheading number as’’; 

(C) in subparagraph (B)— 

(i) by striking ‘‘3-year’’ and inserting ‘‘5-year’’; and 

(ii) by inserting ‘‘and before the drawback claim is 

filed’’ after ‘‘the imported merchandise’’; and 

(D) in subparagraph (C)(ii), by striking subclause (II) 

and inserting the following: 

‘‘(II) received the imported merchandise, other 

merchandise classifiable under the same 8-digit 

HTS subheading number as such imported merchandise, or any combination of such imported 

merchandise and such other merchandise, directly 

or indirectly from the person who imported and 

paid any duties, taxes, and fees imposed under 

Federal law upon importation or entry and due on 

the imported merchandise (and any such transferred merchandise, regardless of its origin, will 

be treated as the imported merchandise and any 

retained merchandise will be treated as domestic 

merchandise);’’; 

(E) in the flush text at the end— 

(i) by striking ‘‘the amount of each such duty, tax, 

and fee’’ and all that follows through ‘‘99 percent of 

that duty, tax, or fee’’ and inserting ‘‘an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l) shall be refunded as drawback’’; and 

(ii) by striking the last sentence and inserting the 

following: ‘‘Notwithstanding subparagraph (A), drawback shall be allowed under this paragraph with respect to wine if the imported wine and the exported 

wine are of the same color and the price variation between the imported wine and the exported wine does 

not exceed 50 percent. Transfers of merchandise may 

be evidenced by business records kept in the normal 

course of business and no additional certificates of 

transfer shall be required.’’; and 

(3) in paragraph (3)(B), by striking ‘‘the commercially interchangeable merchandise’’ and inserting ‘‘merchandise classifiable under the same 8-digit HTS subheading number as such 

imported merchandise’’; and 

(4) by adding at the end the following: 

‘‘(5)(A) For purposes of paragraph (2) and except as provided 

in subparagraph (B), merchandise may not be substituted for 

imported merchandise for drawback purposes based on the 8- 

digit HTS subheading number if the article description for the 

8-digit HTS subheading number under which the imported 

merchandise is classified begins with the term ‘other’. 


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‘‘(B) In cases described in subparagraph (A), merchandise 

may be substituted for imported merchandise for drawback 

purposes if— 

‘‘(i) the other merchandise and such imported merchandise are classifiable under the same 10-digit HTS statistical reporting number; and 

‘‘(ii) the article description for that 10-digit HTS statistical reporting number does not begin with the term 

‘other’. 

‘‘(6)(A) For purposes of paragraph (2), a drawback claimant 

may use the first 8 digits of the 10-digit Schedule B number 

for merchandise or an article to determine if the merchandise 

or article is classifiable under the same 8-digit HTS subheading number as the imported merchandise, without regard 

to whether the Schedule B number corresponds to more than 

one 8-digit HTS subheading number. 

‘‘(B) In this paragraph, the term ‘Schedule B’ means the Department of Commerce Schedule B, Statistical Classification of 

Domestic and Foreign Commodities Exported from the United 

States.’’. 

(f) LIABILITY FOR DRAWBACK CLAIMS.—Section 313(k) of the Tariff Act of 1930 (19 U.S.C. 1313(k)) is amended to read as follows: 

‘‘(k) LIABILITY FOR DRAWBACK CLAIMS.— ‘‘(1) IN GENERAL.—Any person making a claim for drawback 

under this section shall be liable for the full amount of the 

drawback claimed. 

‘‘(2) LIABILITY OF IMPORTERS.—An importer shall be liable for 

any drawback claim made by another person with respect to 

merchandise imported by the importer in an amount equal to 

the lesser of— 

‘‘(A) the amount of duties, taxes, and fees that the person claimed with respect to the imported merchandise; or 

‘‘(B) the amount of duties, taxes, and fees that the importer authorized the other person to claim with respect to 

the imported merchandise. 

‘‘(3) JOINT AND SEVERAL LIABILITY.—Persons described in 

paragraphs (1) and (2) shall be jointly and severally liable for 

the amount described in paragraph (2).’’. 

(g) REGULATIONS.—Section 313(l) of the Tariff Act of 1930 (19 

U.S.C. 1313(l)) is amended to read as follows: 

‘‘(l) REGULATIONS.— 

‘‘(1) IN GENERAL.—Allowance of the privileges provided for in 

this section shall be subject to compliance with such rules and 

regulations as the Secretary of the Treasury shall prescribe. 

‘‘(2) CALCULATION OF DRAWBACK.— 

‘‘(A) IN GENERAL.—Not later than the date that is 2 

years after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015 (or, if later, the 

effective date provided for in section 906(q)(2)(B) of that 

Act), the Secretary shall prescribe regulations for determining the calculation of amounts refunded as drawback 

under this section. 

‘‘(B) CLAIMS WITH RESPECT TO UNUSED MERCHANDISE.— 

The regulations required by subparagraph (A) for determining the calculation of amounts refunded as drawback 


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under this section shall provide for a refund of equal to 99 

percent of the duties, taxes, and fees paid with respect to 

the imported merchandise, except that where there is substitution of the merchandise or article, then— 

‘‘(i) in the case of an article that is exported, the 

amount of the refund shall be equal to 99 percent of 

the lesser of— 

‘‘(I) the amount of duties, taxes, and fees paid 

with respect to the imported merchandise; or 

‘‘(II) the amount of duties, taxes, and fees that 

would apply to the exported article if the exported 

article were imported; and 

‘‘(ii) in the case of an article that is destroyed, the 

amount of the refund shall be an amount that is— 

‘‘(I) equal to 99 percent of the lesser of— 

‘‘(aa) the amount of duties, taxes, and fees 

paid with respect to the imported merchandise; and 

‘‘(bb) the amount of duties, taxes, and fees 

that would apply to the destroyed article if 

the destroyed article were imported; and 

‘‘(II) reduced by the value of materials recovered 

during destruction as provided in subsection (x). 

‘‘(C) CLAIMS WITH RESPECT TO ARTICLES INTO WHICH SUB- STITUTE MERCHANDISE IS INCORPORATED.—The regulations 

required by subparagraph (A) for determining the calculation of amounts refunded as drawback under this section 

shall provide for a refund of 99 percent of the duties, 

taxes, and fees paid with respect to the imported merchandise incorporated into an article that is exported or destroyed, except that where there is substitution of the imported merchandise, then— 

‘‘(i) in the case of an article that is exported, the 

amount of the refund shall be equal to 99 percent of 

the lesser of— 

‘‘(I) the amount of duties, taxes, and fees paid 

with respect to the imported merchandise; or 

‘‘(II) the amount of duties, taxes, and fees that 

would apply to the substituted merchandise if the 

substituted merchandise were imported; and 

‘‘(ii) in the case of an article that is destroyed, the 

amount of the refund shall be an amount that is— 

‘‘(I) equal to 99 percent of the lesser of— 

‘‘(aa) the amount of duties, taxes, and fees 

paid with respect to the imported merchandise; and 

‘‘(bb) the amount of duties, taxes, and fees 

that would apply to the substituted merchandise if the substituted merchandise were imported; and 

‘‘(II) reduced by the value of materials recovered 

during destruction as provided in subsection (x). 

‘‘(3) STATUS REPORTS ON REGULATIONS.—Not later than the 

date that is one year after the date of the enactment of the 

Trade Facilitation and Trade Enforcement Act of 2015, and anVerDate Sep 11 2014 06:32 Jun 11, 2015 Jkt 049008 PO 00000 Frm 00090 Fmt 6659 Sfmt 6602 E:\HR\OC\HR146.XXX HR146

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nually thereafter until the regulations required by paragraph 

(2) are final, the Secretary shall submit to Congress a report 

on the status of those regulations.’’. 

(h) SUBSTITUTION OF FINISHED PETROLEUM DERIVATIVES.—Section 313(p) of the Tariff Act of 1930 (19 U.S.C. 1313(p)) is amended— 

(1) by striking ‘‘Harmonized Tariff Schedule of the United 

States’’ each place it appears and inserting ‘‘HTS’’; and 

(2) in paragraph (3)(A)— 

(A) in clause (ii)(III), by striking ‘‘, as so certified in a 

certificate of delivery or certificate of manufacture and delivery’’; and 

(B) in the flush text at the end— 

(i) by striking ‘‘, so designated on the certificate of 

delivery or certificate of manufacture and delivery’’; 

and 

(ii) by striking the last sentence and inserting the 

following: ‘‘The party transferring the merchandise 

shall maintain records kept in the normal course of 

business to demonstrate the transfer.’’. 

(i) PACKAGING MATERIAL.—Section 313(q) of the Tariff Act of 

1930 (19 U.S.C. 1313(q)) is amended— 

(1) in paragraph (1), by striking ‘‘of 99 percent of any duty, 

tax, or fee imposed under Federal law on such imported material’’ and inserting ‘‘in an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l)’’; 

(2) in paragraph (2), by striking ‘‘of 99 percent of any duty, 

tax, or fee imposed under Federal law on the imported or substituted merchandise used to manufacture or produce such material’’ and inserting ‘‘in an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under 

subsection (l)’’; and 

(3) in paragraph (3), by striking ‘‘they contain’’ and inserting 

‘‘it contains’’. 

(j) FILING OF DRAWBACK CLAIMS.—Section 313(r) of the Tariff Act 

of 1930 (19 U.S.C. 1313(r)) is amended— 

(1) in paragraph (1)— 

(A) by striking the first sentence and inserting the following: ‘‘A drawback entry shall be filed or applied for, as 

applicable, not later than 5 years after the date on which 

merchandise on which drawback is claimed was imported.’’; 

(B) in the second sentence, by striking ‘‘3-year’’ and inserting ‘‘5-year’’; and 

(C) in the third sentence, by striking ‘‘the Customs Service’’ and inserting ‘‘U.S. Customs and Border Protection’’; 

(2) in paragraph (3)— 

(A) in subparagraph (A)— 

(i) in the matter preceding clause (i), by striking 

‘‘The Customs Service’’ and inserting ‘‘U.S. Customs 

and Border Protection’’; 

(ii) in clauses (i) and (ii), by striking ‘‘the Customs 

Service’’ each place it appears and inserting ‘‘U.S. Customs and Border Protection’’; and 


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(iii) in clause (ii)(I), by striking ‘‘3-year’’ and inserting ‘‘5-year’’; and 

(B) in subparagraph (B), by striking ‘‘the periods of time 

for retaining records set forth in subsection (t) of this section and’’ and inserting ‘‘the period of time for retaining 

records set forth in’’; and 

(3) by adding at the end the following: 

‘‘(4) All drawback claims filed on and after the date that is 

2 years after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015 (or, if later, the effective date provided for in section 906(q)(2)(B) of that Act) shall 

be filed electronically.’’. 

(k) DESIGNATION OF MERCHANDISE BY SUCCESSOR.—Section 

313(s) of the Tariff Act of 1930 (19 U.S.C. 1313(s)) is amended— 

(1) in paragraph (2), by striking subparagraph (B) and inserting the following: 

‘‘(B) subject to paragraphs (5) and (6) of subsection (j), 

imported merchandise, other merchandise classifiable 

under the same 8-digit HTS subheading number as such 

imported merchandise, or any combination of such imported merchandise and such other merchandise, that the 

predecessor received, before the date of succession, from 

the person who imported and paid any duties, taxes, and 

fees due on the imported merchandise;’’; and 

(2) in paragraph (4), by striking ‘‘certifies that’’ and all that 

follows and inserting ‘‘certifies that the transferred merchandise was not and will not be claimed by the predecessor.’’. 

(l) DRAWBACK CERTIFICATES.—Section 313 of the Tariff Act of 

1930 (19 U.S.C. 1313) is amended by striking subsection (t). 

(m) DRAWBACK FOR RECOVERED MATERIALS.—Section 313(x) of 

the Tariff Act of 1930 (19 U.S.C. 1313(x)) is amended by striking 

‘‘and (c)’’ and inserting ‘‘(c), and (j)’’. 

(n) DEFINITIONS.—Section 313 of the Tariff Act of 1930 (19 U.S.C. 

1313) is amended by adding at the end the following: 

‘‘(z) DEFINITIONS.—In this section: 

‘‘(1) DIRECTLY.—The term ‘directly’ means a transfer of merchandise or an article from one person to another person without any intermediate transfer. 

‘‘(2) HTS.—The term ‘HTS’ means the Harmonized Tariff 

Schedule of the United States. 

‘‘(3) INDIRECTLY.—The term ‘indirectly’ means a transfer of 

merchandise or an article from one person to another person 

with one or more intermediate transfers.’’. 

(o) RECORDKEEPING.—Section 508(c)(3) of the Tariff Act of 1930 

(19 U.S.C. 1508(c)(3)) is amended— 

(1) by striking ‘‘3rd’’ and inserting ‘‘5th’’; and 

(2) by striking ‘‘payment’’ and inserting ‘‘liquidation’’. 

(p) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.— 

(1) IN GENERAL.—Not later than one year after the issuance 

of the regulations required by subsection (l)(2) of section 313 

of the Tariff Act of 1930, as added by subsection (g) of this section, the Comptroller General of the United States 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 the modernization of drawback and refunds under 


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section 313 of the Tariff Act of 1930, as amended by this section. 

(2) CONTENTS.—The report required by paragraph (1) include 

the following: 

(A) An assessment of the modernization of drawback and 

refunds under section 313 of the Tariff Act of 1930, as 

amended by this section. 

(B) A description of drawback claims that were permissible before the effective date provided for in subsection (q) 

that are not permissible after that effective date and an 

identification of industries most affected. 

(C) A description of drawback claims that were not permissible before the effective date provided for in subsection 

(q) that are permissible after that effective date and an 

identification of industries most affected. 

(q) EFFECTIVE DATE.— (1) IN GENERAL.—The amendments made by this section 

shall— 

(A) take effect on the date of the enactment of this Act; 

and 

(B) apply to drawback claims filed on or after the date 

that is 2 years after such date of enactment. 

(2) REPORTING OF OPERABILITY OF AUTOMATED COMMERCIAL

ENVIRONMENT COMPUTER SYSTEM.—Not later than one year 

after the date of the enactment of this Act, and not later than 

2 years after such date of enactment, the Secretary of the 

Treasury shall submit to Congress a report on— 

(A) the date on which the Automated Commercial Environment will be ready to process drawback claims; and 

(B) the date on which the Automated Export System will 

be ready to accept proof of exportation under subsection (i) 

of section 313 of the Tariff Act of 1930, as amended by 

subsection (d). 

(3) TRANSITION RULE.—During the one-year period beginning 

on the date that is 2 years after the date of the enactment of 

this Act (or, if later, the effective date provided for in paragraph (2)(B)), a person may elect to file a claim for drawback 

under— 

(A) section 313 of the Tariff Act of 1930, as amended by 

this section; or 

(B) section 313 of the Tariff Act of 1930, as in effect on 

the day before the date of the enactment of this Act. 

SEC. 907. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE. 

(a) ANNUAL REPORT ON TRADE AGREEMENTS PROGRAM AND NATIONAL TRADE POLICY AGENDA.—Section 163(a) of the Trade Act of 

1974 (19 U.S.C. 2213(a)) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by striking ‘‘and’’ at the end; 

(B) in subparagraph (B), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) the operation of all United States Trade Representative-led interagency programs during the preceding year 

and for the year in which the report is submitted.’’; and 

(2) by adding at the end the following: 


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‘‘(4) The report shall include, with respect to the matters referred to in paragraph (1)(C), information regarding— 

‘‘(A) the objectives and priorities of all United States 

Trade Representative-led interagency programs for the 

year, and the reasons therefor; 

‘‘(B) the actions proposed, or anticipated, to be undertaken during the year to achieve such objectives and priorities, including actions authorized under the trade laws 

and negotiations with foreign countries; 

‘‘(C) the role of each Federal agency participating in the 

interagency program in achieving such objectives and priorities and activities of each agency with respect to their 

participation in the program; 

‘‘(D) the United States Trade Representative’s coordination of each participating Federal agency to more effectively achieve such objectives and priorities; 

‘‘(E) any proposed legislation necessary or appropriate to 

achieve any of such objectives or priorities; and 

‘‘(F) the progress that was made during the preceding 

year in achieving such objectives and priorities and coordination activities included in the statement provided for 

such year under this paragraph.’’. 

(b) RESOURCE MANAGEMENT AND STAFFING PLANS.— (1) ANNUAL PLAN.— (A) IN GENERAL.—The United States Trade Representative shall on an annual basis develop a plan— 

(i) to match available resources of the Office of the 

United States Trade Representative to projected workload and provide a detailed analysis of how the funds 

allocated from the prior fiscal year to date have been 

spent; 

(ii) to identify existing staff of the Office and new 

staff that will be necessary to support the trade negotiation and enforcement functions and powers of the 

Office (including those of the Trade Policy Staff Committee) as described in section 141 of the Trade Act of 

1974 (19 U.S.C. 2171) and section 301 of the Trade Act 

of 1974 (19 U.S.C. 2411); 

(iii) to identify existing staff of the Office and staff 

of other Federal agencies who will be required to be 

detailed to support United States Trade Representative-led interagency programs, including any associated expenses; and 

(iv) to provide a detailed analysis of the budgetary 

requirements of United States Trade Representativeled interagency programs for the next fiscal year and 

provide a detailed analysis of how the funds allocated 

from the prior fiscal year to date have been spent. 

(B) REPORT.—The United States Trade Representative 

shall submit to the Committee on Ways and Means and 

the Committee on Appropriations of the House of Representatives and the Committee on Finance and the Committee on Appropriations of the Senate a report that contains the plan required under subparagraph (A). The report required under this subparagraph shall be submitted 


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in conjunction with the annual budget of the United States 

Government required to be submitted to Congress under 

section 1105 of title 31, United States Code. 

(2) QUADRENNIAL PLAN.— (A) IN GENERAL.—Pursuant to the goals and objectives of 

the strategic plan of the Office of the United States Trade 

Representative as required under section 306 of title 5, 

United States Code, the United States Trade Representative shall every 4 years develop a plan— 

(i) to analyze internal quality controls and record 

management of the Office; 

(ii) to identify existing staff of the Office and new 

staff that will be necessary to support the trade negotiation and enforcement functions and powers of the 

Office (including those of the Trade Policy Staff Committee) as described in section 141 of the Trade Act of 

1974 (19 U.S.C. 2171) and section 301 of the Trade Act 

of 1974 (19 U.S.C. 2411); 

(iii) to identify existing staff of the Office and staff 

in other Federal agencies who will be required to be 

detailed to support United States Trade Representative-led interagency programs, including any associated expenses; 

(iv) to provide an outline of budget justifications, including salaries and expenses as well as non-personnel 

administrative expenses, for the fiscal years required 

under the strategic plan; and 

(v) to provide an outline of budget justifications, including salaries and expenses as well as non-personnel 

administrative expenses, for United States Trade Representative-led interagency programs for the fiscal 

years required under the strategic plan. 

(B) REPORT.— (i) IN GENERAL.—The United States Trade Representative shall submit to the Committee on Ways 

and Means and the Committee on Appropriations of 

the House of Representatives and the Committee on 

Finance and the Committee on Appropriations of the 

Senate a report that contains the plan required under 

subparagraph (A). Except as provided in clause (ii), 

the report required under this clause shall be submitted in conjunction with the strategic plan of the Office as required under section 306 of title 5, United 

States Code. 

(ii) EXCEPTION.—The United States Trade Representative shall submit to the congressional committees specified in clause (i) an initial report that contains the plan required under subparagraph (A) not 

later than February 1, 2016. 

SEC. 908. UNITED STATES-ISRAEL TRADE AND COMMERCIAL ENHANCEMENT. 

(a) FINDINGS.—Congress finds the following: 

(1) Israel is America’s dependable, democratic ally in the 

Middle East—an area of paramount strategic importance to 

the United States. 


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(2) The United States-Israel Free Trade Agreement formed 

the modern foundation of the bilateral commercial relationship 

between the two countries and was the first such agreement 

signed by the United States with a foreign country. 

(3) The United States-Israel Free Trade Agreement has been 

instrumental in expanding commerce and the strategic relationship between the United States and Israel. (4) More than $45 billion in goods and services is traded an- nually between the two countries in addition to roughly $10 

billion in United States foreign direct investment in Israel. 

(5) The United States continues to look for and find new opportunities to enhance cooperation with Israel, including 

through the enactment of the United States-Israel Enhanced 

Security Cooperation Act of 2012 (Public Law 112–150) and the 

United States-Israel Strategic Partnership Act of 2014 (Public 

Law 113–296). 

(6) It has been the policy of the United States Government 

to combat all elements of the Arab League Boycott of Israel 

by— 

(A) public statements of Administration officials; 

(B) enactment of relevant sections of the Export Administration Act of 1979 (as continued in effect pursuant to 

the International Emergency Economic Powers Act), including sections to ensure foreign persons comply with applicable reporting requirements relating to the boycott; 

(C) enactment of the 1976 Tax Reform Act (Public Law 

94–455) that denies certain tax benefits to entities abiding 

by the boycott; 

(D) ensuring through free trade agreements with Bahrain and Oman that such countries no longer participate 

in the boycott; and 

(E) ensuring as a condition of membership in the World 

Trade Organization that Saudi Arabia no longer enforces 

the secondary or tertiary elements of the boycott. 

(b) STATEMENTS OF POLICY.—Congress— 

(1) supports the strengthening of United States-Israel economic cooperation and recognizes the tremendous strategic, 

economic, and technological value of cooperation with Israel; 

(2) recognizes the benefit of cooperation with Israel to United 

States companies, including by improving American competitiveness in global markets; 

(3) recognizes the importance of trade and commercial relations to the pursuit and sustainability of peace, and supports 

efforts to bring together the United States, Israel, the Palestinian territories, and others in enhanced commerce; 

(4) opposes politically motivated actions that penalize or otherwise limit commercial relations specifically with Israel such 

as boycotts, divestment or sanctions; 

(5) notes that the boycott, divestment, and sanctioning of 

Israel by governments, governmental bodies, quasi-governmental bodies, international organizations, and other such entities is contrary to the General Agreement on Tariffs and 

Trade (GATT) principle of non-discrimination; 

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cally with Israel such as boycotts, divestment from, or sanctions against Israel as a topic of discussion at the U.S.-Israel 

Joint Economic Development Group (JEDG) and other areas to 

support the strengthening of the United States-Israel commercial relationship and combat any commercial discrimination 

against Israel; 

(7) supports efforts to prevent investigations or prosecutions 

by governments or international organizations of United States 

persons on the sole basis of such persons doing business with 

Israel, with Israeli entities, or in Israeli-controlled territories; 

and 

(8) supports American States examining a company’s promotion or compliance with unsanctioned boycotts, divestment 

from, or sanctions against Israel as part of its consideration in 

awarding grants and contracts and supports the divestment of 

State assets from companies that support or promote actions to 

boycott, divest from, or sanction Israel. 

(c) PRINCIPAL TRADE NEGOTIATING OBJECTIVES OF THE UNITED

STATES.— 

(1) COMMERCIAL PARTNERSHIPS.—Among the principal trade 

negotiating objectives of the United States for proposed trade 

agreements with foreign countries regarding commercial partnerships are the following: 

(A) To discourage actions by potential trading partners 

that directly or indirectly prejudice or otherwise discourage commercial activity solely between the United States 

and Israel. 

(B) To discourage politically motivated actions to boycott, 

divest from, or sanction Israel and to seek the elimination 

of politically motivated non-tariff barriers on Israeli goods, 

services, or other commerce imposed on the State of Israel. 

(C) To seek the elimination of state-sponsored 

unsanctioned foreign boycotts against Israel or compliance 

with the Arab League Boycott of Israel by prospective 

trading partners. 

(2) EFFECTIVE DATE.—This subsection takes effect on the 

date of the enactment of this Act and applies with respect to 

negotiations commenced before, on, or after the date of the enactment of this Act. 

(d) REPORT ON POLITICALLY MOTIVATED ACTS OF BOYCOTT, DIVESTMENT FROM, AND SANCTIONS AGAINST ISRAEL.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, and annually thereafter, the President shall submit to Congress a report on politically motivated 

acts of boycott, divestment from, and sanctions against Israel. 

(2) MATTERS TO BE INCLUDED.—The report required by paragraph (1) shall include the following: 

(A) A description of the establishment of barriers to 

trade, including non-tariff barriers, investment, or commerce by foreign countries or international organizations 

against United States persons operating or doing business 

in Israel, with Israeli entities, or in Israeli-controlled territories. 

(B) A description of specific steps being taken by the 

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national organizations to cease creating such barriers and 

to dismantle measures already in place and an assessment 

of the effectiveness of such steps. 

(C) A description of specific steps being taken by the 

United States to prevent investigations or prosecutions by 

governments or international organizations of United 

States persons on the sole basis of such persons doing 

business with Israel, with Israeli entities, or in Israeli-controlled territories. 

(D) Decisions by foreign persons, including corporate entities and state-affiliated financial institutions, that limit 

or prohibit economic relations with Israel or persons doing 

business in Israel or in Israeli controlled territories. 

(e) CERTAIN FOREIGN JUDGMENTS AGAINST UNITED STATES PERSONS.—Notwithstanding any other provision of law, no domestic 

court shall recognize or enforce any foreign judgment entered 

against a United States person that conducts business operations 

in Israel, or any territory controlled by Israel, if the domestic court 

determines that the foreign judgment is based, in whole or in part, 

on a determination by a foreign court that the United States person’s conducting business operations therein or with Israeli entities 

constitutes a violation of law. 

(f) DEFINITIONS.—In this section: 

(1) BOYCOTT, DIVESTMENT FROM, AND SANCTIONS AGAINST

ISRAEL.—The term ‘‘boycott, divestment from, and sanctions 

against Israel’’ means actions by states, non-member states of 

the United Nations, international organizations, or affiliated 

agencies of international organizations that are politically motivated and are intended to penalize or otherwise limit commercial relations specifically with Israel or persons doing business in Israel or in Israeli-controlled territories. 

(2) DOMESTIC COURT.—The term ‘‘domestic court’’ means a 

Federal court of the United States, or a court of any State or 

territory of the United States or of the District of Columbia. 

(3) FOREIGN COURT.—The term ‘‘foreign court’’ means a 

court, an administrative body, or other tribunal of a foreign 

country. 

(4) FOREIGN JUDGMENT.—The term ‘‘foreign judgment’’ 

means a final civil judgment rendered by a foreign court. 

(5) FOREIGN PERSON.—The term ‘‘foreign person’’ means— 

(A) any natural person who is not lawfully admitted for 

permanent residence (as defined in section 101(a)(20) of 

the Immigration and Nationality Act (8 U.S.C. 1101(a)(20)) 

or who is not a protected individual (as defined in section 

274B(a)(3) of such Act (8 U.S.C. 1324b(a)(3)); or 

(B) any foreign corporation, business association, partnership, trust, society or any other entity or group that is 

not incorporated or organized to do business in the United 

States, as well as any international organization, foreign 

government and any agency or subdivision of foreign government, including a diplomatic mission. 

(6) PERSON.— 

(A) IN GENERAL.—The term ‘‘person’’ means— 

(i) a natural person; 


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(ii) a corporation, business association, partnership, 

society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, 

or group, and any governmental entity operating as a 

business enterprise; and 

(iii) any successor to any entity described in clause 

(ii). 

(B) APPLICATION TO GOVERNMENTAL ENTITIES.—The term 

‘‘person’’ does not include a government or governmental 

entity that is not operating as a business enterprise. 

(7) UNITED STATES PERSON.—The term ‘‘United States person’’ means— 

(A) a natural person who is a national of the United 

States (as defined in section 101(a)(22) of the Immigration 

and Nationality Act (8 U.S.C. 1101(a)(22))); or 

(B) a corporation or other legal entity which is organized 

under the laws of the United States, any State or territory 

thereof, or the District of Columbia, if natural persons described in subparagraph (A) own, directly or indirectly, 

more than 50 percent of the outstanding capital stock or 

other beneficial interest in such legal entity. 

SEC. 909. ELIMINATION OF CONSUMPTIVE DEMAND EXCEPTION TO 

PROHIBITION ON IMPORTATION OF GOODS MADE WITH 

CONVICT LABOR, FORCED LABOR, OR INDENTURED 

LABOR; REPORT. 

(a) ELIMINATION OF CONSUMPTIVE DEMAND EXCEPTION.— 

(1) IN GENERAL.—Section 307 of the Tariff Act of 1930 (19 

U.S.C. 1307) is amended by striking ‘‘The provisions of this 

section’’ and all that follows through ‘‘of the United States.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall take effect on the date that is 15 days after the date 

of the enactment of this Act. 

(b) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, and annually thereafter, the Commissioner 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 compliance with section 307 of the Tariff Act of 

1930 (19 U.S.C. 1307) that includes the following: 

(1) The number of instances in which merchandise was denied entry pursuant to that section during the 1-year period 

preceding the submission of the report. 

(2) A description of the merchandise denied entry pursuant 

to that section. 

(3) Such other information as the Commissioner considers 

appropriate with respect to monitoring and enforcing compliance with that section. 

SEC. 910. CUSTOMS USER FEES. 

(a) IN GENERAL.—Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is 

amended by adding at the end the following: 

‘‘(C) Fees may be charged under paragraphs (9) and (10) of subsection (a) during the period beginning on July 8, 2025, and ending 

on July 28, 2025.’’. 


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(b) RATE FOR MERCHANDISE PROCESSING FEES.—Section 503 of 

the United States–Korea Free Trade Agreement Implementation 

Act (Public Law 112–41; 125 Stat. 460) is amended— 

(1) by striking ‘‘For the period’’ and inserting ‘‘(a) IN GEN- ERAL.—For the period’’; and 

(2) by adding at the end the following: 

‘‘(b) ADDITIONAL PERIOD.—For the period beginning on July 1, 

2025, and ending on July 14, 2025, section 13031(a)(9) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 

58c(a)(9)) shall be applied and administered— 

‘‘(1) in subparagraph (A), by substituting ‘0.3464’ for ‘0.21’; 

and 

‘‘(2) in subparagraph (B)(i), by substituting ‘0.3464’ for 

‘0.21’.’’. 

SEC. 911. REPORT ON CERTAIN U.S. CUSTOMS AND BORDER PROTECTION AGREEMENTS. 

(a) IN GENERAL.—Not later than one year after entering into an 

agreement under a program specified in subsection (b), and annually thereafter until the termination of the program, the Commissioner shall submit to the Committee on Finance of the Senate, the 

Committee on Ways and Means of the House of Representatives, 

the Committee on Homeland Security and Governmental Affairs of 

the Senate, and the Committee on Homeland Security of the House 

of Representatives a report that includes the following: 

(1) A description of the development of the program. 

(2) A description of the type of entity with which U.S. Customs and Border Protection entered into the agreement and 

the amount that entity reimbursed U.S. Customs and Border 

Protection under the agreement. 

(3) An identification of the type of port of entry to which the 

agreement relates and an assessment of how the agreement 

provides economic benefits at the port of entry. 

(4) A description of the services provided by U.S. Customs 

and Border Protection under the agreement during the year 

preceding the submission of the report. 

(5) The amount of fees collected under the agreement during 

that year. 

(6) A detailed accounting of how the fees collected under the 

agreement have been spent during that year. 

(7) A summary of any complaints or criticism received by 

U.S. Customs and Border Protection during that year regarding the agreement. 

(8) An assessment of the compliance of the entity described 

in paragraph (2) with the terms of the agreement. 

(9) Recommendations with respect to how activities conducted pursuant to the agreement could function more effectively or better produce economic benefits. 

(10) A summary of the benefits to and challenges faced by 

U.S. Customs and Border Protection and the entity described 

in paragraph (2) under the agreement. 

(b) PROGRAM SPECIFIED.—A program specified in this subsection 

is— 

(1) the program for entering into reimbursable fee agreements for the provision of U.S. Customs and Border Protection 

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land Security Appropriations Act, 2013 (division D of Public 

Law 113–6; 127 Stat. 378); or 

(2) the pilot program authorizing U.S. Customs and Border 

Protection to enter into partnerships with private sector and 

government entities at ports of entry established by section 

559 of the Department of Homeland Security Appropriations 

Act, 2014 (division F of Public Law 113–76; 6 U.S.C. 211 note). 

SEC. 912. AMENDMENTS TO BIPARTISAN CONGRESSIONAL TRADE PRIORITIES AND ACCOUNTABILITY ACT OF 2015. 

(a) IMMIGRATION LAWS OF THE UNITED STATES.—Section 102(a) of 

the Bipartisan Congressional Trade Priorities and Accountability 

Act of 2015 is amended— 

(1) in paragraph (12), by striking ‘‘and’’ at the end; 

(2) in paragraph (13), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(14) to ensure that trade agreements do not require changes 

to the immigration laws of the United States or obligate the 

United States to grant access or expand access to visas issued 

under section 101(a)(15) of the Immigration and Nationality 

Act (8 U.S.C. 1101(a)(15)).’’. 

(b) GLOBAL WARMING.—Section 102(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, as amended 

by subsection (a) of this section, is amended— 

(1) in paragraph (13), by striking ‘‘and’’ at the end; 

(2) in paragraph (14), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(15) to ensure that trade agreements do not require changes 

to U.S. law or obligate the United States with respect to global 

warming or climate change.’’. 

(c) FISHERIES NEGOTIATIONS.—Section 102(b) of the Bipartisan 

Congressional Trade Priorities and Accountability Act of 2015 is 

amended by adding at the end the following: 

‘‘(22) FISHERIES NEGOTIATIONS.—The principal negotiating 

objectives of the United States with respect to trade in fish, 

seafood, and shellfish products are to obtain competitive opportunities for United States exports of fish, seafood, and shellfish 

products in foreign markets substantially equivalent to the 

competitive opportunities afforded foreign exports of fish, seafood, and shellfish products in United States markets and to 

achieve fairer and more open conditions of trade in fish, seafood, and shellfish products, including by reducing or eliminating tariff and non-tariff barriers and eliminating subsidies 

that distort trade.’’. 

(d) ACCREDITATION.—Section 104(c)(2)(C) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 is 

amended by inserting after the first sentence the following: ‘‘In addition, the chairman and ranking members described in subparagraphs (A)(i) and (B)(i) shall each be permitted to designate up to 

3 personnel with proper security clearances to serve as delegates 

to such negotiations.’’. 

(e) TRAFFICKING IN PERSONS.—Section 106(b)(6) of the Bipartisan 

Congressional Trade Priorities and Accountability Act of 2015 is 

amended— 


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(1) by redesignating subparagraph (B) as subparagraph (C); 

and 

(2) by inserting after subparagraph (A) the following: 

‘‘(B) EXCEPTION.— ‘‘(i) INVOKING EXCEPTION.—If the President submits 

to the appropriate congressional committees a letter 

stating that a country to which subparagraph (A) applies has taken concrete actions to implement the 

principal recommendations with respect to that country in the most recent annual report on trafficking in 

persons, this paragraph shall not apply with respect to 

agreements with that country. 

‘‘(ii) CONTENT OF LETTER; PUBLIC AVAILABILITY.—A 

letter submitted under clause (i) with respect to a 

country shall— 

‘‘(I) include a description of the concrete actions 

that the country has taken to implement the principal recommendations described in clause (i); and 

‘‘(II) be made available to the public. 

‘‘(iii) APPROPRIATE CONGRESSIONAL COMMITTEES DE- FINED.—In this subparagraph, the term ‘appropriate 

congressional committees’ means— 

‘‘(I) the Committee on Ways and Means and the 

Committee on Foreign Affairs of the House of Representatives; and 

‘‘(II) the Committee on Finance and the Committee on Foreign Relations of the Senate.’’; 

(f) TECHNICAL AMENDMENTS.—The Bipartisan Congressional 

Trade Priorities and Accountability Act of 2015 is amended— 

(1) in section 105(b)(3)— 

(A) in subparagraph (A)(ii), by striking ‘‘section 

102(b)(16)’’ and inserting ‘‘section 102(b)(17)’’; and 

(B) in subparagraph (B)(ii), by striking ‘‘section 

102(b)(16)’’ and inserting ‘‘section 102(b)(17)’’; and 

(2) in section 106(b)(5), by striking ‘‘section 102(b)(15)(C)’’ 

and inserting ‘‘section 102(b)(16)(C)’’. 

(g) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the enactment of the Bipartisan 

Congressional Trade Priorities and Accountability Act of 2015. 

SEC. 913. CERTAIN INTEREST TO BE INCLUDED IN DISTRIBUTIONS 

UNDER CONTINUED DUMPING AND SUBSIDY OFFSET ACT 

OF 2000. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

the Commissioner shall include in all distributions of collected antidumping and countervailing duties described in subsection (b) all 

interest earned on such duties, including— 

(1) interest accrued under section 778 of the Tariff Act of 

1930 (19 U.S.C. 1677g), 

(2) interest accrued under section 505(d) of the Tariff Act of 

1930 (19 U.S.C. 1505(d)), and 

(3) common-law equitable interest, and all interest under 

section 963 of the Revised Statutes of the United States (19 

U.S.C. 580), awarded by a court against a surety’s late payment of antidumping or countervailing duties and interest described in paragraph (1) or (2), under its bond, 


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which is, or was, realized through application of any payment received on or after October 1, 2014, by U.S. Customs and Border 

Protection under, or in connection with, any customs bond pursuant to a court order or judgment, or any settlement for any such 

bond. 

(b) DISTRIBUTIONS DESCRIBED.—The distributions described in 

subsection (a) are all distributions made on or after the date of the 

enactment of this Act pursuant to section 754 of the Tariff Act of 

1930 (19 U.S.C. 1675c) (as such section was in effect on February 

7, 2006) of collected antidumping and countervailing duties assessed on or after October 1, 2000, on entries made through September 30, 2007. 

SEC. 914. REPORT ON COMPETITIVENESS OF U.S. RECREATIONAL PERFORMANCE OUTERWEAR INDUSTRY. 

Not later than June 1, 2016, the United States International 

Trade Commission 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 the competitiveness of the United 

States recreational performance outwear industry and its effects on 

the United States economy, including an assessment of duty structures on inputs as well as finished products and global supply 

chains. 

SEC. 915. INCREASE IN PENALTY FOR FAILURE TO FILE RETURN OF 

TAX. 

(a) IN GENERAL.—Section 6651(a) of the Internal Revenue Code 

of 1986 is amended by striking ‘‘$135’’ in the last sentence and inserting ‘‘$205’’. 

(b) CONFORMING AMENDMENT.—Section 6651(i) of such Code is 

amended by striking ‘‘$135’’ and inserting ‘‘$205’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to returns required to be filed in calendar years after 

2015. 

PART B—TEXT OF THE MODIFICATION TO THE HOUSE AMENDMENT

Strike title VII and insert the following: 

TITLE VII—CURRENCY MANIPULATION 

SEC. 701. ENHANCEMENT OF ENGAGEMENT ON CURRENCY EXCHANGE 

RATE AND ECONOMIC POLICIES WITH CERTAIN MAJOR 

TRADING PARTNERS OF THE UNITED STATES. 

(a) MAJOR TRADING PARTNER REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, and not less frequently than once 

every 180 days thereafter, the Secretary shall submit to the 

appropriate committees of Congress a report on the macroeconomic and currency exchange rate policies of each country 

that is a major trading partner of the United States. 

(2) ELEMENTS.— 

(A) IN GENERAL.—Each report submitted under paragraph (1) shall contain— 

(i) for each country that is a major trading partner 

of the United States— 


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(I) that country’s bilateral trade balance with 

the United States; 

(II) that country’s current account balance as a 

percentage of its gross domestic product; 

(III) the change in that country’s current account balance as a percentage of its gross domestic product during the 3-year period preceding the 

submission of the report; 

(IV) that country’s foreign exchange reserves as 

a percentage of its short-term debt; and 

(V) that country’s foreign exchange reserves as 

a percentage of its gross domestic product; and 

(ii) an enhanced analysis of macroeconomic and exchange rate policies for each country that is a major 

trading partner of the United States that has— 

(I) a significant bilateral trade surplus with the 

United States; 

(II) a material current account surplus; and 

(III) engaged in persistent one-sided intervention in the foreign exchange market. 

(B) ENHANCED ANALYSIS.—Each enhanced analysis 

under subparagraph (A)(ii) shall include, for each country 

with respect to which an analysis is made under that subparagraph— 

(i) a description of developments in the currency 

markets of that country, including, to the greatest extent feasible, developments with respect to currency 

interventions; 

(ii) a description of trends in the real effective exchange rate of the currency of that country and in the 

degree of undervaluation of that currency; 

(iii) an analysis of changes in the capital controls 

and trade restrictions of that country; 

(iv) patterns in the reserve accumulation of that 

country; and 

(v) an analysis of the macroeconomic policy mix of 

that country and its pattern of savings-investment imbalances. 

(3) GUIDANCE.—The Secretary shall publicly issue guidance 

not later than 90 days after the date of enactment of the Act 

that describes the factors used to assess under paragraph 

(2)(A)(ii) whether a country has a significant bilateral trade 

surplus with the United States, has a material current account 

surplus, and has engaged in persistent one-sided intervention 

in the foreign exchange market. 

(b) ENGAGEMENT ON EXCHANGE RATE AND ECONOMIC POLICIES.— 

(1) IN GENERAL.—The President, through the Secretary, shall 

commence enhanced bilateral engagement with each country 

for which an enhanced analysis of macroeconomic and currency 

exchange rate policies is included in the report submitted 

under subsection (a), in order to, as appropriate— 

(A) urge implementation of policies to address the causes 

of the undervaluation of its currency, its bilateral trade 

surplus with the United States, and its material current 


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account surplus, including undervaluation and surpluses 

relating to exchange rate management; 

(B) express the concern of the United States with respect 

to the adverse trade and economic effects of that undervaluation and those surpluses; and/or 

(C) advise that country of the ability of the President to 

take action under subsection (c). 

(2) WAIVER.— (A) IN GENERAL.—The Secretary may waive the requirement under subsection (b)(1) to commence enhanced bilateral engagement with a country if the Secretary determines that commencing enhanced bilateral engagement 

with the country— 

(i) would have an adverse impact on the United 

States economy greater than the benefits of such action; or 

(ii) would cause serious harm to the national security of the United States. 

(B) CERTIFICATION.—The Secretary shall promptly certify to Congress a determination under subparagraph (A). 

(c) REMEDIAL ACTION.— (1) IN GENERAL.—If, on or after the date that is one year 

after the commencement of enhanced bilateral engagement by 

the President, through the Secretary, with respect to a country 

under subsection (b)(1), the Secretary determines that the 

country has failed to adopt appropriate policies to correct the 

undervaluation and surpluses described in subsection (b)(1)(A) 

with respect to that country, the President shall take one or 

more of the following actions: 

(A) Prohibit the Overseas Private Investment Corporation from approving any new financing (including any insurance, reinsurance, or guarantee) with respect to a 

project located in that country on and after such date. 

(B) Except as provided in paragraph (2), and pursuant 

to paragraph (3), prohibit the Federal Government from 

procuring, or entering into any contract for the procurement of, goods or services from that country on and after 

such date. 

(C) Instruct the United States Executive Director of the 

International Monetary Fund to call for additional rigorous 

surveillance of the macroeconomic and exchange rate policies of that country and, as appropriate, formal consultations on findings of currency manipulation. 

(D) Instruct the United States Trade Representative to 

take into account, in consultation with the Secretary, in 

assessing whether to enter into a bilateral or regional 

trade agreement with that country or to initiate or participate in negotiations with respect to a bilateral or regional 

trade agreement with that country, the extent to which 

that country has failed to adopt appropriate policies to correct the undervaluation and surpluses described in subsection (b)(1)(A). 

(2) WAIVER.— 

(A) IN GENERAL.—The President may waive the requirement under paragraph (1) to take remedial action if the 


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President determines that taking remedial action under 

paragraph (1) would— 

(i) have an adverse impact on the United States 

economy greater than the benefits of taking remedial 

action; or 

(ii) would cause serious harm to the national security of the United States. 

(B) CERTIFICATION.—The President shall promptly certify to Congress a determination under subparagraph (A). 

(3) EXCEPTION.—The President may not apply a prohibition 

under paragraph (1)(B) in a manner that is inconsistent with 

United States obligations under international agreements. 

(4) CONSULTATIONS.— 

(A) OFFICE OF MANAGEMENT AND BUDGET.—Before applying a prohibition under paragraph (1)(B), the President 

shall consult with the Director of the Office of Management and Budget to determine whether such prohibition 

would subject the taxpayers of the United States to unreasonable cost. 

(B) CONGRESS.—The President shall consult with the appropriate committees of Congress with respect to any action the President takes under paragraph (1)(B), including 

whether the President has consulted as required under 

subparagraph (A). 

(d) DEFINITIONS.—In this section: 

(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Finance of the Senate; and 

(B) the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives. 

(2) COUNTRY.—The term ‘‘country’’ means a foreign country, 

dependent territory, or possession of a foreign country, and 

may include an association of 2 or more foreign countries, dependent territories, or possessions of countries into a customs 

union outside the United States. 

(3) REAL EFFECTIVE EXCHANGE RATE.—The term ‘‘real effective exchange rate’’ means a weighted average of bilateral exchange rates, expressed in price-adjusted terms. 

(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Treasury. 

SEC. 702. ADVISORY COMMITTEE ON INTERNATIONAL EXCHANGE 

RATE POLICY. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—There is established an Advisory Committee on International Exchange Rate Policy (in this section 

referred to as the ‘‘Committee’’). 

(2) DUTIES.—The Committee shall be responsible for advising 

the Secretary of the Treasury with respect to the impact of 

international exchange rates and financial policies on the economy of the United States. 

(b) MEMBERSHIP.— 


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(1) IN GENERAL.—The Committee shall be composed of 9 

members as follows, none of whom shall be employees of the 

Federal Government: 

(A) Three members shall be appointed by the President 

pro tempore of the Senate, upon the recommendation of 

the chairmen and ranking members of the Committee on 

Banking, Housing, and Urban Affairs and the Committee 

on Finance of the Senate. 

(B) Three members shall be appointed by the Speaker of 

the House of Representatives upon the recommendation of 

the chairmen and ranking members of the Committee on 

Financial Services and the Committee on Ways and Means 

of the House of Representatives. 

(C) Three members shall be appointed by the President. 

(2) QUALIFICATIONS.—Members shall be selected under paragraph (1) on the basis of their objectivity and demonstrated expertise in finance, economics, or currency exchange. 

(3) TERMS.— (A) IN GENERAL.—Members shall be appointed for a term 

of 2 years or until the Committee terminates. 

(B) REAPPOINTMENT.—A member may be reappointed to 

the Committee for additional terms. 

(4) VACANCIES.—Any vacancy in the Committee shall not affect its powers, but shall be filled in the same manner as the 

original appointment. 

(c) DURATION OF COMMITTEE.— (1) IN GENERAL.—The Committee shall terminate on the date 

that is 2 years after the date of the enactment of this Act unless renewed by the President for a subsequent 2-year period. 

(2) CONTINUED RENEWAL.—The President may continue to 

renew the Committee for successive 2-year periods by taking 

appropriate action to renew the Committee prior to the date on 

which the Committee would otherwise terminate. 

(d) MEETINGS.—The Committee shall hold not less than 2 meetings each calendar year. 

(e) CHAIRPERSON.— (1) IN GENERAL.—The Committee shall elect from among its 

members a chairperson for a term of 2 years or until the Committee terminates. 

(2) REELECTION; SUBSEQUENT TERMS.—A chairperson of the 

Committee may be reelected chairperson but is ineligible to 

serve consecutive terms as chairperson. 

(f) STAFF.—The Secretary of the Treasury shall make available 

to the Committee such staff, information, personnel, administrative 

services, and assistance as the Committee may reasonably require 

to carry out the activities of the Committee. 

(g) APPLICATION OF THE FEDERAL ADVISORY COMMITTEE ACT.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

provisions of the Federal Advisory Committee Act (5 U.S.C. 

App.) shall apply to the Committee. 

(2) EXCEPTION.—Meetings of the Committee shall be exempt 

from the requirements of subsections (a) and (b) of section 10 

and section 11 of the Federal Advisory Committee Act (relating 

to open meetings, public notice, public participation, and public 

availability of documents), whenever and to the extent it is deVerDate Sep 11 2014 06:32 Jun 11, 2015 Jkt 049008 PO 00000 Frm 00107 Fmt 6659 Sfmt 6602 E:\HR\OC\HR146.XXX HR146

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termined by the President or the Secretary of the Treasury 

that such meetings will be concerned with matters the disclosure of which— 

(A) would seriously compromise the development by the 

Government of the United States of monetary or financial 

policy; or 

(B) is likely to— 

(i) lead to significant financial specu1ation in currencies, securities, or commodities; or 

(ii) significantly endanger the stability of any financial institution. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary of the Treasury for each fiscal 

year in which the Committee is in effect $1,000,000 to carry out 

this section. 

Æ 


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