II 

114TH CONGRESS 

1ST SESSION S. 1015 

To reauthorize trade facilitation and trade enforcement functions and 

activities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 20, 2015 

Mr. HATCH introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To reauthorize trade facilitation and trade enforcement 

functions and activities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Trade Facilitation and Trade Enforcement Act of 2015’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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. 


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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 Targeting Division and National Targeting and Analysis 

Groups. 

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. 

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—EVASION OF ANTIDUMPING AND COUNTERVAILING 

DUTY ORDERS 

Sec. 401. Short title. 

Sec. 402. Procedures for investigating claims of evasion of antidumping and 

countervailing duty orders. 

Sec. 403. Annual report on prevention and investigation of evasion of antidumping and countervailing duty orders. 

TITLE V—ADDITIONAL TRADE ENFORCEMENT AND 

INTELLECTUAL PROPERTY RIGHTS PROTECTION 


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Subtitle A—Trade Enforcement 

Sec. 501. Trade enforcement priorities. 

Sec. 502. Exercise of WTO authorization to suspend concessions or other obligations under trade agreements. 

Sec. 503. Trade monitoring. 

Sec. 504. Honey transshipment. 

Sec. 505. Illicitly imported, exported, or trafficked cultural property, archaeological or ethnological materials, and fish, wildlife, and plants. 

Subtitle B—Intellectual Property Rights Protection 

Sec. 511. Establishment of Chief Innovation and Intellectual Property Negotiator. 

Sec. 512. Measures relating to countries that deny adequate protection for intellectual property rights. 

TITLE VI—MISCELLANEOUS PROVISIONS 

Sec. 601. De minimis value. 

Sec. 602. Consultation on trade and customs revenue functions. 

Sec. 603. Penalties for customs brokers. 

Sec. 604. Amendments to chapter 98 of the Harmonized Tariff Schedule of the 

United States. 

Sec. 605. Exemption from duty of residue of bulk cargo contained in instruments of international traffic previously exported from the 

United States. 

Sec. 606. Drawback and refunds. 

Sec. 607. Inclusion of certain information in submission of nomination for appointment as Deputy United States Trade Representative. 

Sec. 608. Biennial reports regarding competitiveness issues facing the United 

States economy and competitive conditions for certain key 

United States industries. 

Sec. 609. Report on certain U.S. Customs and Border Protection agreements. 

Sec. 610. Charter flights. 

Sec. 611. Amendment to Tariff Act of 1930 to require country of origin marking of certain castings. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AUTOMATED COMMERCIAL ENVIRON4 MENT.—The term ‘‘Automated Commercial Environ5 ment’’ means the Automated Commercial Environ6 ment computer system authorized under section 

7 13031(f)(4) of the Consolidated Omnibus Budget 

8 Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)). 


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1 (2) COMMISSIONER.—The term ‘‘Commis2 sioner’’ means the Commissioner responsible for 

3 U.S. Customs and Border Protection. 

4 (3) CUSTOMS AND TRADE LAWS OF THE

5 UNITED STATES.—The term ‘‘customs and trade 

6 laws of the United States’’ includes the following: 

7 (A) The Tariff Act of 1930 (19 U.S.C. 

8 1202 et seq.). 

9 (B) Section 249 of the Revised Statutes 

10 (19 U.S.C. 3). 

11 (C) Section 2 of the Act of March 4, 1923 

12 (42 Stat. 1453, chapter 251; 19 U.S.C. 6). 

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

14 1381, chapter 348; 19 U.S.C. 2071 et seq.). 

15 (E) Section 13031 of the Consolidated 

16 Omnibus Budget Reconciliation Act of 1985 

17 (19 U.S.C. 58c). 

18 (F) Section 251 of the Revised Statutes 

19 (19 U.S.C. 66). 

20 (G) Section 1 of the Act of June 26, 1930 

21 (46 Stat. 817, chapter 617; 19 U.S.C. 68). 

22 (H) The Foreign Trade Zones Act (19 

23 U.S.C. 81a et seq.). 

24 (I) Section 1 of the Act of March 2, 1911 

25 (36 Stat. 965, chapter 191; 19 U.S.C. 198). 


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1 (J) The Trade Act of 1974 (19 U.S.C. 

2 2102 et seq.). 

3 (K) The Trade Agreements Act of 1979 

4 (19 U.S.C. 2501 et seq.). 

5 (L) The North American Free Trade 

6 Agreement Implementation Act (19 U.S.C. 

7 3301 et seq.). 

8 (M) The Uruguay Round Agreements Act 

9 (19 U.S.C. 3501 et seq.). 

10 (N) The Caribbean Basin Economic Recov11 ery Act (19 U.S.C. 2701 et seq.). 

12 (O) The Andean Trade Preference Act (19 

13 U.S.C. 3201 et seq.). 

14 (P) The African Growth and Opportunity 

15 Act (19 U.S.C. 3701 et seq.). 

16 (Q) The Customs Enforcement Act of 

17 1986 (Public Law 99–570; 100 Stat. 3207–79). 

18 (R) The Customs and Trade Act of 1990 

19 (Public Law 101–382; 104 Stat. 629). 

20 (S) The Customs Procedural Reform and 

21 Simplification Act of 1978 (Public Law 95– 

22 410; 92 Stat. 888). 

23 (T) The Trade Act of 2002 (Public Law 

24 107–210; 116 Stat. 933). 


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1 (U) The Convention on Cultural Property 

2 Implementation Act (19 U.S.C. 2601 et seq.). 

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

4 374, chapter 266; 19 U.S.C. 2077 et seq.). 

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

6 1263, chapter 566). 

7 (X) Any other provision of law imple8 menting a trade agreement. 

9 (Y) Any other provision of law vesting cus10 toms revenue functions in the Secretary of the 

11 Treasury. 

12 (Z) Any other provision of law relating to 

13 trade facilitation or trade enforcement that is 

14 administered by U.S. Customs and Border Pro15 tection on behalf of any Federal agency that is 

16 required to participate in the International 

17 Trade Data System. 

18 (AA) Any other provision of customs or 

19 trade law administered by U.S. Customs and 

20 Border Protection or U.S. Immigration and 

21 Customs Enforcement. 

22 (4) PRIVATE SECTOR ENTITY.—The term ‘‘pri23 vate sector entity’’ means— 

24 (A) an importer; 

25 (B) an exporter; 


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1 (C) a forwarder; 

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

3 (E) a contract logistics provider; 

4 (F) a customs broker; or 

5 (G) any other person (other than an em6 ployee of a government) affected by the imple7 mentation of the customs and trade laws of the 

8 United States. 

9 (5) TRADE ENFORCEMENT.—The term ‘‘trade 

10 enforcement’’ means the enforcement of the customs 

11 and trade laws of the United States. 

12 (6) TRADE FACILITATION.—The term ‘‘trade 

13 facilitation’’ refers to policies and activities of U.S. 

14 Customs and Border Protection with respect to fa15 cilitating the movement of merchandise into and out 

16 of the United States in a manner that complies with 

17 the customs and trade laws of the United States. 

18 TITLE I—TRADE FACILITATION 

19 AND TRADE ENFORCEMENT 

20 SEC. 101. IMPROVING PARTNERSHIP PROGRAMS. 

21 (a) IN GENERAL.—In order to advance the security, 

22 trade enforcement, and trade facilitation missions of U.S. 

23 Customs and Border Protection, the Commissioner shall 

24 ensure that partnership programs of U.S. Customs and 

25 Border Protection established before the date of the enactVerDate Sep 11 2014 23:34 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1015.IS S1015

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1 ment of this Act, such as the Customs–Trade Partnership 

2 Against Terrorism established under subtitle B of title II 

3 of the Security and Accountability for Every Port Act of 

4 2006 (6 U.S.C. 961 et seq.), and partnership programs 

5 of U.S. Customs and Border Protection established after 

6 such date of enactment, provide trade benefits to private 

7 sector entities that meet the requirements for participation 

8 in those programs established by the Commissioner under 

9 this section. 

10 (b) ELEMENTS.—In developing and operating part11 nership programs under subsection (a), the Commissioner 

12 shall— 

13 (1) consult with private sector entities, the pub14 lic, and other Federal agencies when appropriate, to 

15 ensure that participants in those programs receive 

16 commercially significant and measurable trade bene17 fits, including providing preclearance of merchandise 

18 for qualified persons that demonstrate the highest 

19 levels of compliance with the customs and trade laws 

20 of the United States, regulations of U.S. Customs 

21 and Border Protection, and other requirements the 

22 Commissioner determines to be necessary; 

23 (2) ensure an integrated and transparent sys24 tem of trade benefits and compliance requirements 


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1 for all partnership programs of U.S. Customs and 

2 Border Protection; 

3 (3) consider consolidating partnership programs 

4 in situations in which doing so would support the 

5 objectives of such programs, increase participation in 

6 such programs, enhance the trade benefits provided 

7 to participants in such programs, and enhance the 

8 allocation of the resources of U.S. Customs and Bor9 der Protection; 

10 (4) coordinate with the Director of U.S. Immi11 gration and Customs Enforcement, and other Fed12 eral agencies with authority to detain and release 

13 merchandise entering the United States— 

14 (A) to ensure coordination in the release of 

15 such merchandise through the Automated Com16 mercial Environment, or its predecessor, and 

17 the International Trade Data System; 

18 (B) to ensure that the partnership pro19 grams of those agencies are compatible with the 

20 partnership programs of U.S. Customs and 

21 Border Protection; 

22 (C) to develop criteria for authorizing the 

23 release, on an expedited basis, of merchandise 

24 for which documentation is required from one 

25 or more of those agencies to clear or license the 


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1 merchandise for entry into the United States; 

2 and 

3 (D) to create pathways, within and among 

4 the appropriate Federal agencies, for qualified 

5 persons that demonstrate the highest levels of 

6 compliance to receive immediate clearance ab7 sent information that a transaction may pose a 

8 national security or compliance threat; and 

9 (5) ensure that trade benefits are provided to 

10 participants in partnership programs. 

11 (c) REPORT REQUIRED.—Not later than the date 

12 that is 180 days after the date of the enactment of this 

13 Act, and December 31 of each year thereafter, the Com14 missioner shall submit to the Committee on Finance of 

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

16 House of Representatives a report that— 

17 (1) identifies each partnership program referred 

18 to in subsection (a); 

19 (2) for each such program, identifies— 

20 (A) the requirements for participants in 

21 the program; 

22 (B) the commercially significant and meas23 urable trade benefits provided to participants in 

24 the program; 


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1 (C) the number of participants in the pro2 gram; and 

3 (D) in the case of a program that provides 

4 for participation at multiple tiers, the number 

5 of participants at each such tier; 

6 (3) identifies the number of participants en7 rolled in more than one such partnership program; 

8 (4) assesses the effectiveness of each such part9 nership program in advancing the security, trade en10 forcement, and trade facilitation missions of U.S. 

11 Customs and Border Protection, based on historical 

12 developments, the level of participation in the pro13 gram, and the evolution of benefits provided to par14 ticipants in the program; 

15 (5) summarizes the efforts of U.S. Customs and 

16 Border Protection to work with other Federal agen17 cies with authority to detain and release merchan18 dise entering the United States to ensure that part19 nership programs of those agencies are compatible 

20 with partnership programs of U.S. Customs and 

21 Border Protection; 

22 (6) summarizes criteria developed with those 

23 agencies for authorizing the release, on an expedited 

24 basis, of merchandise for which documentation is re25 quired from one or more of those agencies to clear 


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1 or license the merchandise for entry into the United 

2 States; 

3 (7) summarizes the efforts of U.S. Customs and 

4 Border Protection to work with private sector enti5 ties and the public to develop and improve partner6 ship programs referred to in subsection (a); 

7 (8) describes measures taken by U.S. Customs 

8 and Border Protection to make private sector enti9 ties aware of the trade benefits available to partici10 pants in such programs; and 

11 (9) summarizes the plans, targets, and goals of 

12 U.S. Customs and Border Protection with respect to 

13 such programs for the 2 years following the submis14 sion of the report. 

15 SEC. 102. REPORT ON EFFECTIVENESS OF TRADE EN16 FORCEMENT ACTIVITIES. 

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

18 date of the enactment of this Act, the Comptroller General 

19 of the United States shall submit to the Committee on 

20 Finance of the Senate and the Committee on Ways and 

21 Means of the House of Representatives a report on the 

22 effectiveness of trade enforcement activities of U.S. Cus23 toms and Border Protection. 

24 (b) CONTENTS.—The report required by subsection 

25 (a) shall include— 


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

2 of audits and verifications, targeting, organization, 

3 and training of personnel of U.S. Customs and Bor4 der Protection; and 

5 (2) a description of trade enforcement activities 

6 to address undervaluation, transshipment, legitimacy 

7 of entities making entry, protection of revenues, 

8 fraud prevention and detection, and penalties, in9 cluding intentional misclassification, inadequate 

10 bonding, and other misrepresentations. 

11 SEC. 103. PRIORITIES AND PERFORMANCE STANDARDS 

12 FOR CUSTOMS MODERNIZATION, TRADE FA13 CILITATION, AND TRADE ENFORCEMENT 

14 FUNCTIONS AND PROGRAMS. 

15 (a) PRIORITIES AND PERFORMANCE STANDARDS.— 

16 (1) IN GENERAL.—The Commissioner, in con17 sultation with the Committee on Finance of the Sen18 ate and the Committee on Ways and Means of the 

19 House of Representatives, shall establish priorities 

20 and performance standards to measure the develop21 ment and levels of achievement of the customs mod22 ernization, trade facilitation, and trade enforcement 

23 functions and programs described in subsection (b). 

24 (2) MINIMUM PRIORITIES AND STANDARDS.— 

25 Such priorities and performance standards shall, at 


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1 a minimum, include priorities and standards relating 

2 to efficiency, outcome, output, and other types of ap3 plicable measures. 

4 (b) FUNCTIONS AND PROGRAMS DESCRIBED.—The 

5 functions and programs referred to in subsection (a) are 

6 the following: 

7 (1) The Automated Commercial Environment. 

8 (2) Each of the priority trade issues described 

9 in paragraph (3)(B)(ii) of section 2(d) of the Act of 

10 March 3, 1927 (44 Stat. 1381, chapter 348; 19 

11 U.S.C. 2072(d)), as added by section 111(a) of this 

12 Act. 

13 (3) The Centers of Excellence and Expertise de14 scribed in section 110 of this Act. 

15 (4) Drawback for exported merchandise under 

16 section 313 of the Tariff Act of 1930 (19 U.S.C. 

17 1313), as amended by section 606 of this Act. 

18 (5) Transactions relating to imported merchan19 dise in bond. 

20 (6) Collection of countervailing duties assessed 

21 under subtitle A of title VII of the Tariff Act of 

22 1930 (19 U.S.C. 1671 et seq.) and antidumping du23 ties assessed under subtitle B of title VII of the Tar24 iff Act of 1930 (19 U.S.C. 1673 et seq.). 

25 (7) The expedited clearance of cargo. 


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1 (8) The issuance of regulations and rulings. 

2 (9) The issuance of Regulatory Audit Reports. 

3 (c) CONSULTATIONS AND NOTIFICATION.— 

4 (1) CONSULTATIONS.—The consultations re5 quired by subsection (a)(1) shall occur, at a min6 imum, on an annual basis. 

7 (2) NOTIFICATION.—The Commissioner shall 

8 notify the Committee on Finance of the Senate and 

9 the Committee on Ways and Means of the House of 

10 Representatives of any changes to the priorities re11 ferred to in subsection (a) not later than 30 days be12 fore such changes are to take effect. 

13 SEC. 104. EDUCATIONAL SEMINARS TO IMPROVE EFFORTS 

14 TO CLASSIFY AND APPRAISE IMPORTED AR15 TICLES, TO IMPROVE TRADE ENFORCEMENT 

16 EFFORTS, AND TO OTHERWISE FACILITATE 

17 LEGITIMATE INTERNATIONAL TRADE. 

18 (a) IN GENERAL.— 

19 (1) ESTABLISHMENT.—The Commissioner and 

20 the Director shall establish and carry out on a fiscal 

21 year basis educational seminars to— 

22 (A) improve the ability of U.S. Customs 

23 and Border Protection personnel to classify and 

24 appraise articles imported into the United 


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1 States in accordance with the customs and 

2 trade laws of the United States; 

3 (B) improve the trade enforcement efforts 

4 of U.S. Customs and Border Protection per5 sonnel and U.S. Immigration and Customs En6 forcement personnel; and 

7 (C) otherwise improve the ability and effec8 tiveness of U.S. Customs and Border Protection 

9 personnel and U.S. Immigration and Customs 

10 Enforcement personnel to facilitate legitimate 

11 international trade. 

12 (b) CONTENT.— 

13 (1) CLASSIFYING AND APPRAISING IMPORTED

14 ARTICLES.—In carrying out subsection (a)(1)(A), 

15 the Commissioner, the Director, and interested par16 ties in the private sector selected under subsection 

17 (c) shall provide instruction and related instructional 

18 materials at each educational seminar under this 

19 section to U.S. Customs and Border Protection per20 sonnel and, as appropriate, to U.S. Immigration and 

21 Customs Enforcement personnel on the following: 

22 (A) Conducting a physical inspection of an 

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1 mine if the article is mislabeled in the manifest 

2 or other accompanying documentation. 

3 (B) Reviewing the manifest and other ac4 companying documentation of an article im5 ported into the United States to determine if 

6 the country of origin of the article listed in the 

7 manifest or other accompanying documentation 

8 is accurate. 

9 (C) Customs valuation. 

10 (D) Industry supply chains and other re11 lated matters as determined to be appropriate 

12 by the Commissioner. 

13 (2) TRADE ENFORCEMENT EFFORTS.—In car14 rying out subsection (a)(1)(B), the Commissioner, 

15 the Director, and interested parties in the private 

16 sector selected under subsection (c) shall provide in17 struction and related instructional materials at each 

18 educational seminar under this section to U.S. Cus19 toms and Border Protection personnel and, as ap20 propriate, to U.S. Immigration and Customs En21 forcement personnel to identify opportunities to en22 hance enforcement of the following: 

23 (A) Collection of countervailing duties as24 sessed under subtitle A of title VII of the Tariff 

25 Act of 1930 (19 U.S.C. 1671 et seq.) and antiVerDate Sep 11 2014 23:34 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1015.IS S1015

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1 dumping duties assessed under subtitle B of 

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

3 1673 et seq.). 

4 (B) Addressing evasion of duties on im5 ports of textiles. 

6 (C) Protection of intellectual property 

7 rights. 

8 (D) Enforcement of child labor laws. 

9 (3) APPROVAL OF COMMISSIONER AND DIREC10 TOR.—The instruction and related instructional ma11 terials at each educational seminar under this sec12 tion shall be subject to the approval of the Commis13 sioner and the Director. 

14 (c) SELECTION PROCESS.— 

15 (1) IN GENERAL.—The Commissioner shall es16 tablish a process to solicit, evaluate, and select inter17 ested parties in the private sector for purposes of as18 sisting in providing instruction and related instruc19 tional materials described in subsection (b) at each 

20 educational seminar under this section. 

21 (2) CRITERIA.—The Commissioner shall evalu22 ate and select interested parties in the private sector 

23 under the process established under paragraph (1) 

24 based on— 

25 (A) availability and usefulness; 


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1 (B) the volume, value, and incidence of 

2 mislabeling or misidentification of origin of im3 ported articles; and 

4 (C) other appropriate criteria established 

5 by the Commissioner. 

6 (3) PUBLIC AVAILABILITY.—The Commissioner 

7 and the Director shall publish in the Federal Reg8 ister a detailed description of the process established 

9 under paragraph (1) and the criteria established 

10 under paragraph (2). 

11 (d) SPECIAL RULE FOR ANTIDUMPING AND COUN12 TERVAILING DUTY ORDERS.— 

13 (1) IN GENERAL.—The Commissioner shall give 

14 due consideration to carrying out an educational 

15 seminar under this section in whole or in part to im16 prove the ability of U.S. Customs and Border Pro17 tection personnel to enforce a countervailing or anti18 dumping duty order issued under section 706 or 736 

19 of the Tariff Act of 1930 (19 U.S.C. 1671e or 

20 1673e) upon the request of a petitioner in an action 

21 underlying such countervailing or antidumping duty 

22 order. 

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1 ested party in the private sector for purposes of the 

2 requirements of this section. 

3 (e) PERFORMANCE STANDARDS.—The Commissioner 

4 and the Director shall establish performance standards to 

5 measure the development and level of achievement of edu6 cational seminars under this section. 

7 (f) REPORTING.—Beginning September 30, 2016, the 

8 Commissioner and the Director shall submit to the Com9 mittee of Finance of the Senate and the Committee of 

10 Ways and Means of the House of Representatives an an11 nual report on the effectiveness of educational seminars 

12 under this section. 

13 (g) DEFINITIONS.—In this section: 

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

15 the Director of U.S. Immigration and Customs En16 forcement. 

17 (2) UNITED STATES.—The term ‘‘United 

18 States’’ means the customs territory of the United 

19 States, as defined in General Note 2 to the Har20 monized Tariff Schedule of the United States. 

21 (3) U.S. CUSTOMS AND BORDER PROTECTION

22 PERSONNEL.—The term ‘‘U.S. Customs and Border 

23 Protection personnel’’ means import specialists, 

24 auditors, and other appropriate employees of the 

25 U.S. Customs and Border Protection. 


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1 (4) U.S. IMMIGRATION AND CUSTOMS ENFORCE2 MENT PERSONNEL.—The term ‘‘U.S. Immigration 

3 and Customs Enforcement personnel’’ means Home4 land Security Investigations Directorate personnel 

5 and other appropriate employees of U.S. Immigra6 tion and Customs Enforcement. 

7 SEC. 105. JOINT STRATEGIC PLAN. 

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

9 date of the enactment of this Act, and every 2 years there10 after, the Commissioner and the Director of U.S. Immi11 gration and Customs Enforcement shall jointly develop 

12 and submit to the Committee on Finance of the Senate 

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

14 Representatives, a joint strategic plan. 

15 (b) CONTENTS.—The joint strategic plan required 

16 under this section shall be comprised of a comprehensive 

17 multi-year plan for trade enforcement and trade facilita18 tion, and shall include— 

19 (1) a summary of actions taken during the 2- 

20 year period preceding the submission of the plan to 

21 improve trade enforcement and trade facilitation, in22 cluding a description and analysis of specific per23 formance measures to evaluate the progress of U.S. 

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1 tion and Customs Enforcement in meeting each such 

2 responsibility; 

3 (2) a statement of objectives and plans for fur4 ther improving trade enforcement and trade facilita5 tion; 

6 (3) a specific identification of the priority trade 

7 issues described in paragraph (3)(B)(ii) of section 

8 2(d) of the Act of March 3, 1927 (44 Stat. 1381, 

9 chapter 348; 19 U.S.C. 2072(d)), as added by sec10 tion 111(a) of this Act, that can be addressed in 

11 order to enhance trade enforcement and trade facili12 tation, and a description of strategies and plans for 

13 addressing each such issue; 

14 (4) a description of efforts made to improve 

15 consultation and coordination among and within 

16 Federal agencies, and in particular between U.S. 

17 Customs and Border Protection and U.S. Immigra18 tion and Customs Enforcement, regarding trade en19 forcement and trade facilitation; 

20 (5) a description of the training that has oc21 curred to date within U.S. Customs and Border Pro22 tection and U.S. Immigration and Customs Enforce23 ment to improve trade enforcement and trade facili24 tation, including training under section 104 of this 

25 Act; 


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1 (6) a description of efforts to work with the 

2 World Customs Organization and other international 

3 organizations, in consultation with other Federal 

4 agencies as appropriate, with respect to enhancing 

5 trade enforcement and trade facilitation; 

6 (7) a description of U.S. Customs and Border 

7 Protection organizational benchmarks for optimizing 

8 staffing and wait times at ports of entry; 

9 (8) a specific identification of any domestic or 

10 international best practices that may further im11 prove trade enforcement and trade facilitation; 

12 (9) any legislative recommendations to further 

13 improve trade enforcement and trade facilitation; 

14 and 

15 (10) a description of efforts made to improve 

16 consultation and coordination with the private sector 

17 to enhance trade enforcement and trade facilitation. 

18 (c) CONSULTATIONS.— 

19 (1) IN GENERAL.—In developing the joint stra20 tegic plan required under this section, the Commis21 sioner and the Director shall consult with— 

22 (A) appropriate officials from the relevant 

23 Federal agencies, including— 

24 (i) the Department of the Treasury; 

25 (ii) the Department of Agriculture; 


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1 (iii) the Department of Commerce; 

2 (iv) the Department of Justice; 

3 (v) the Department of the Interior; 

4 (vi) the Department of Health and 

5 Human Services; 

6 (vii) the Food and Drug Administra7 tion; 

8 (viii) the Consumer Product Safety 

9 Commission; and 

10 (ix) the Office of the United States 

11 Trade Representative; and 

12 (B) the Commercial Customs Operations 

13 Advisory Committee established by section 109 

14 of this Act. 

15 (2) OTHER CONSULTATIONS.—In developing 

16 the joint strategic plan required under this section, 

17 the Commissioner and the Director shall seek to 

18 consult with— 

19 (A) appropriate officials from relevant for20 eign law enforcement agencies and international 

21 organizations, including the World Customs Or22 ganization; and 

23 (B) interested parties in the private sector. 


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1 SEC. 106. AUTOMATED COMMERCIAL ENVIRONMENT. 

2 (a) FUNDING.—Section 13031(f)(4)(B) of the Con3 solidated Omnibus Budget Reconciliation Act of 1985 (19 

4 U.S.C. 58c(f)(4)(B)) is amended— 

5 (1) by striking ‘‘2003 through 2005’’ and in6 serting ‘‘2016 through 2018’’; 

7 (2) by striking ‘‘such amounts as are available 

8 in that Account’’ and inserting ‘‘not less than 

9 $153,736,000’’; and 

10 (3) by striking ‘‘for the development’’ and in11 serting ‘‘to complete the development and implemen12 tation’’. 

13 (b) REPORT.—Section 311(b)(3) of the Customs Bor14 der Security Act of 2002 (19 U.S.C. 2075 note) is amend15 ed to read as follows: 

16 ‘‘(3) REPORT.— 

17 ‘‘(A) IN GENERAL.—Not later than De18 cember 31, 2016, the Commissioner responsible 

19 for U.S. Customs and Border Protection shall 

20 submit to the Committee on Appropriations and 

21 the Committee on Finance of the Senate and 

22 the Committee on Appropriations and the Com23 mittee on Ways and Means of the House of 

24 Representatives a report detailing— 

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1 essing capabilities, including cargo release, 

2 entry summary, cargo manifest, cargo fi3 nancial data, and export data elements 

4 into the Automated Commercial Environ5 ment computer system authorized under 

6 section 13031(f)(4) of the Consolidated 

7 Omnibus Budget and Reconciliation Act of 

8 1985 (19 U.S.C. 58c(f)(4)) not later than 

9 September 30, 2016, to conform with the 

10 admissibility criteria of agencies partici11 pating in the International Trade Data 

12 System identified pursuant to section 

13 411(d)(4)(A)(iii) of the Tariff Act of 1930; 

14 ‘‘(ii) U.S. Customs and Border Pro15 tection’s remaining priorities for processing 

16 entry summary data elements, cargo mani17 fest data elements, cargo financial data 

18 elements, and export elements in the Auto19 mated Commercial Environment computer 

20 system, and the objectives and plans for 

21 implementing these remaining priorities; 

22 ‘‘(iii) the components of the National 

23 Customs Automation Program specified in 

24 subsection (a)(2) of section 411 of the 


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1 Tariff Act of 1930 that have not been im2 plemented; and 

3 ‘‘(iv) any additional components of the 

4 National Customs Automation Program 

5 initiated by the Commissioner to complete 

6 the development, establishment, and imple7 mentation of the Automated Commercial 

8 Environment computer system. 

9 ‘‘(B) UPDATE OF REPORTS.—Not later 

10 than September 30, 2017, the Commissioner 

11 shall submit to the Committee on Appropria12 tions and the Committee on Finance of the 

13 Senate and the Committee on Appropriations 

14 and the Committee on Ways and Means of the 

15 House of Representatives an updated report ad16 dressing each of the matters referred to in sub17 paragraph (A), and— 

18 ‘‘(i) evaluating the effectiveness of the 

19 implementation of the Automated Commer20 cial Environment computer system; and 

21 ‘‘(ii) detailing the percentage of trade 

22 processed in the Automated Commercial 

23 Environment every month since September 

24 30, 2016.’’. 


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1 (c) GOVERNMENT ACCOUNTABILITY OFFICE RE2 PORT.—Not later than December 31, 2017, the Comp3 troller General of the United States shall submit to the 

4 Committee on Appropriations and the Committee on Fi5 nance of the Senate and the Committee on Appropriations 

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

7 Representatives a report— 

8 (1) assessing the progress of other Federal 

9 agencies in accessing and utilizing the Automated 

10 Commercial Environment; and 

11 (2) assessing the potential cost savings to the 

12 United States Government and importers and ex13 porters and the potential benefits to enforcement of 

14 the customs and trade laws of the United States if 

15 the elements identified in clauses (i) through (iv) of 

16 section 311(b)(3)(A) of the Customs Border Secu17 rity Act of 2002, as amended by subsection (b) of 

18 this section, are implemented. 

19 SEC. 107. INTERNATIONAL TRADE DATA SYSTEM. 

20 (a) INFORMATION TECHNOLOGY INFRASTRUC21 TURE.—Section 411(d) of the Tariff Act of 1930 (19 

22 U.S.C. 1411(d)) is amended— 

23 (1) by redesignating paragraphs (4) through 

24 (7) as paragraphs (5) through (8), respectively; 


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1 (2) by inserting after paragraph (3) the fol2 lowing: 

3 ‘‘(4) INFORMATION TECHNOLOGY INFRASTRUC4 TURE.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 work with the head of each agency participating 

7 in the ITDS and the Interagency Steering 

8 Committee to ensure that each agency— 

9 ‘‘(i) develops and maintains the nec10 essary information technology infrastruc11 ture to support the operation of the ITDS 

12 and to submit all data to the ITDS elec13 tronically; 

14 ‘‘(ii) enters into a memorandum of 

15 understanding, or takes such other action 

16 as is necessary, to provide for the informa17 tion sharing between the agency and U.S. 

18 Customs and Border Protection necessary 

19 for the operation and maintenance of the 

20 ITDS; 

21 ‘‘(iii) not later than June 30, 2016, 

22 identifies and transmits to the Commis23 sioner responsible for U.S. Customs and 

24 Border Protection the admissibility criteria 

25 and data elements required by the agency 


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1 to authorize the release of cargo by U.S. 

2 Customs and Border Protection for incor3 poration into the operational functionality 

4 of the Automated Commercial Environ5 ment computer system authorized under 

6 section 13031(f)(4) of the Consolidated 

7 Omnibus Budget and Reconciliation Act of 

8 1985 (19 U.S.C. 58c(f)(4)); and 

9 ‘‘(iv) not later than December 31, 

10 2016, utilizes the ITDS as the primary 

11 means of receiving from users the standard 

12 set of data and other relevant documenta13 tion, exclusive of applications for permits, 

14 licenses, or certifications required for the 

15 release of imported cargo and clearance of 

16 cargo for export. 

17 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

18 in this paragraph shall be construed to require 

19 any action to be taken that would compromise 

20 an ongoing law enforcement investigation or na21 tional security.’’; and 

22 (3) in paragraph (8), as redesignated, by strik23 ing ‘‘section 9503(c) of the Omnibus Budget Rec24 onciliation Act of 1987 (19 U.S.C. 2071 note)’’ and 


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1 inserting ‘‘section 109 of the Trade Facilitation and 

2 Trade Enforcement Act of 2015’’. 

3 SEC. 108. CONSULTATIONS WITH RESPECT TO MUTUAL 

4 RECOGNITION ARRANGEMENTS. 

5 (a) CONSULTATIONS.—The Secretary of Homeland 

6 Security, with respect to any proposed mutual recognition 

7 arrangement or similar agreement between the United 

8 States and a foreign government providing for mutual rec9 ognition of supply chain security programs and customs 

10 revenue functions, shall consult— 

11 (1) not later than 30 days before initiating ne12 gotiations to enter into any such arrangement or 

13 similar agreement, with the Committee on Finance 

14 of the Senate and the Committee on Ways and 

15 Means of the House of Representatives; and 

16 (2) not later than 30 days before entering into 

17 any such arrangement or similar agreement, with 

18 the Committee on Finance of the Senate and the 

19 Committee on Ways and Means of the House of 

20 Representatives. 

21 (b) NEGOTIATING OBJECTIVE.—It shall be a negoti22 ating objective of the United States in any negotiation for 

23 a mutual recognition arrangement with a foreign country 

24 on partnership programs, such as the Customs–Trade 

25 Partnership Against Terrorism established under subtitle 


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1 B of title II of the Security and Accountability for Every 

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

3 the compatibility of the partnership programs of that 

4 country with the partnership programs of U.S. Customs 

5 and Border Protection to enhance trade facilitation and 

6 trade enforcement. 

7 SEC. 109. COMMERCIAL CUSTOMS OPERATIONS ADVISORY 

8 COMMITTEE. 

9 (a) ESTABLISHMENT.—Not later than the date that 

10 is 60 days after the date of the enactment of this Act, 

11 the Secretary of the Treasury and the Secretary of Home12 land Security shall jointly establish a Commercial Customs 

13 Operations Advisory Committee (in this section referred 

14 to as the ‘‘Advisory Committee’’). 

15 (b) MEMBERSHIP.— 

16 (1) IN GENERAL.—The Advisory Committee 

17 shall be comprised of— 

18 (A) 20 individuals appointed under para19 graph (2); 

20 (B) the Assistant Secretary for Tax Policy 

21 of the Department of the Treasury and the 

22 Commissioner, who shall jointly co-chair meet23 ings of the Advisory Committee; and 

24 (C) the Assistant Secretary for Policy and 

25 the Director of U.S. Immigration and Customs 


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1 Enforcement of the Department of Homeland 

2 Security, who shall serve as deputy co-chairs of 

3 meetings of the Advisory Committee. 

4 (2) APPOINTMENT.— 

5 (A) IN GENERAL.—The Secretary of the 

6 Treasury and the Secretary of Homeland Secu7 rity shall jointly appoint 20 individuals from 

8 the private sector to the Advisory Committee. 

9 (B) REQUIREMENTS.—In making appoint10 ments under subparagraph (A), the Secretary 

11 of the Treasury and the Secretary of Homeland 

12 Security shall appoint members— 

13 (i) to ensure that the membership of 

14 the Advisory Committee is representative 

15 of the individuals and firms affected by the 

16 commercial operations of U.S. Customs 

17 and Border Protection; and 

18 (ii) without regard to political affili19 ation. 

20 (C) TERMS.—Each individual appointed to 

21 the Advisory Committee under this paragraph 

22 shall be appointed for a term of not more than 

23 3 years, and may be reappointed to subsequent 

24 terms, but may not serve more than 2 terms se25 quentially. 


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1 (3) TRANSFER OF MEMBERSHIP.—The Sec2 retary of the Treasury and the Secretary of Home3 land Security may transfer members serving on the 

4 Advisory Committee on Commercial Operations of 

5 the United States Customs Service established under 

6 section 9503(c) of the Omnibus Budget Reconcili7 ation Act of 1987 (19 U.S.C. 2071 note) on the day 

8 before the date of the enactment of this Act to the 

9 Advisory Committee established under subsection 

10 (a). 

11 (c) DUTIES.—The Advisory Committee established 

12 under subsection (a) shall— 

13 (1) advise the Secretary of the Treasury and 

14 the Secretary of Homeland Security on all matters 

15 involving the commercial operations of U.S. Customs 

16 and Border Protection, including advising with re17 spect to significant changes that are proposed with 

18 respect to regulations, policies, or practices of U.S. 

19 Customs and Border Protection; 

20 (2) provide recommendations to the Secretary 

21 of the Treasury and the Secretary of Homeland Se22 curity on improvements to the commercial operations 

23 of U.S. Customs and Border Protection; 

24 (3) collaborate in developing the agenda for Ad25 visory Committee meetings; and 


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1 (4) perform such other functions relating to the 

2 commercial operations of U.S. Customs and Border 

3 Protection as prescribed by law or as the Secretary 

4 of the Treasury and the Secretary of Homeland Se5 curity jointly direct. 

6 (d) MEETINGS.— 

7 (1) IN GENERAL.—The Advisory Committee 

8 shall meet at the call of the Secretary of the Treas9 ury and the Secretary of Homeland Security, or at 

the call of not less than 2 10 ⁄3 of the membership of the 

11 Advisory Committee. The Advisory Committee shall 

12 meet at least 4 times each calendar year. 

13 (2) OPEN MEETINGS.—Notwithstanding section 

14 10(a) of the Federal Advisory Committee Act (5 

15 U.S.C. App.), the Advisory Committee meetings 

16 shall be open to the public unless the Secretary of 

17 the Treasury or the Secretary of Homeland Security 

18 determines that the meeting will include matters the 

19 disclosure of which would compromise the develop20 ment of policies, priorities, or negotiating objectives 

21 or positions that could impact the commercial oper22 ations of U.S. Customs and Border Protection or 

23 the operations or investigations of U.S. Immigration 

24 and Customs Enforcement. 


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1 (e) ANNUAL REPORT.—Not later than December 31, 

2 2016, and annually thereafter, the Advisory Committee 

3 shall submit to the Committee on Finance of the Senate 

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

5 Representatives a report that— 

6 (1) describes the activities of the Advisory Com7 mittee during the preceding fiscal year; and 

8 (2) sets forth any recommendations of the Advi9 sory Committee regarding the commercial operations 

10 of U.S. Customs and Border Protection. 

11 (f) TERMINATION.—Section 14(a)(2) of the Federal 

12 Advisory Committee Act (5 U.S.C. App.; relating to the 

13 termination of advisory committees) shall not apply to the 

14 Advisory Committee. 

15 (g) CONFORMING AMENDMENT.— 

16 (1) IN GENERAL.—Effective on the date on 

17 which the Advisory Committee is established under 

18 subsection (a), section 9503(c) of the Omnibus 

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

20 note) is repealed. 

21 (2) REFERENCE.—Any reference in law to the 

22 Advisory Committee on Commercial Operations of 

23 the United States Customs Service established under 

24 section 9503(c) of the Omnibus Budget Reconcili25 ation Act of 1987 (19 U.S.C. 2071 note) made on 


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1 or after the date on which the Advisory Committee 

2 is established under subsection (a), shall be deemed 

3 a reference to the Commercial Customs Operations 

4 Advisory Committee established under subsection 

5 (a). 

6 SEC. 110. CENTERS OF EXCELLENCE AND EXPERTISE. 

7 (a) IN GENERAL.—The Commissioner shall, in con8 sultation with the Committee on Finance of the Senate, 

9 the Committee on Ways and Means of the House of Rep10 resentatives, and the Commercial Customs Operations Ad11 visory Committee established by section 109 of this Act, 

12 develop and implement Centers of Excellence and Exper13 tise throughout U.S. Customs and Border Protection 

14 that— 

15 (1) enhance the economic competitiveness of the 

16 United States by consistently enforcing the laws and 

17 regulations of the United States at all ports of entry 

18 of the United States and by facilitating the flow of 

19 legitimate trade through increasing industry-based 

20 knowledge; 

21 (2) improve enforcement efforts, including en22 forcement of priority trade issues described in sub23 paragraph (B)(ii) of section 2(d)(3) of the Act of 

24 March 3, 1927 (44 Stat. 1381, chapter 348; 19 

25 U.S.C. 2072(d)), as added by section 111(a) of this 


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1 Act, in specific industry sectors through the applica2 tion of targeting information from the Commercial 

3 Targeting Division established under subparagraph 

4 (A) of such section 2(d)(3) and from other means of 

5 verification; 

6 (3) build upon the expertise of U.S. Customs 

7 and Border Protection in particular industry oper8 ations, supply chains, and compliance requirements; 

9 (4) promote the uniform implementation at 

10 each port of entry of the United States of policies 

11 and regulations relating to imports; 

12 (5) centralize the trade enforcement and trade 

13 facilitation efforts of U.S. Customs and Border Pro14 tection; 

15 (6) formalize an account-based approach to 

16 apply, as the Commissioner determines appropriate, 

17 to the importation of merchandise into the United 

18 States; 

19 (7) foster partnerships though the expansion of 

20 trade programs and other trusted partner programs; 

21 (8) develop applicable performance measure22 ments to meet internal efficiency and effectiveness 

23 goals; and 

24 (9) whenever feasible, facilitate a more efficient 

25 flow of information between Federal agencies. 


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1 (b) REPORT.—Not later than December 31, 2016, 

2 the Commissioner shall submit to the Committee on Fi3 nance of the Senate and the Committee on Ways and 

4 Means of the House of Representatives a report describ5 ing— 

6 (1) the scope, functions, and structure of each 

7 Center of Excellence and Expertise developed and 

8 implemented under subsection (a); 

9 (2) the effectiveness of each such Center of Ex10 cellence and Expertise in improving enforcement ef11 forts, including enforcement of priority trade issues, 

12 and facilitating legitimate trade; 

13 (3) the quantitative and qualitative benefits of 

14 each such Center of Excellence and Expertise to the 

15 trade community, including through fostering part16 nerships through the expansion of trade programs 

17 such as the Importer Self Assessment program and 

18 other trusted partner programs; 

19 (4) all applicable performance measurements 

20 with respect to each such Center of Excellence and 

21 Expertise, including performance measures with re22 spect to meeting internal efficiency and effectiveness 

23 goals; 

24 (5) the performance of each such Center of Ex25 cellence and Expertise in increasing the accuracy 


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1 and completeness of data with respect to inter2 national trade and facilitating a more efficient flow 

3 of information between Federal agencies; and 

4 (6) any planned changes in the number, scope, 

5 functions or any other aspect of the Centers of Ex6 cellence and Expertise developed and implemented 

7 under subsection (a). 

8 SEC. 111. COMMERCIAL TARGETING DIVISION AND NA9 TIONAL TARGETING AND ANALYSIS GROUPS. 

10 (a) IN GENERAL.—Section 2(d) of the Act of March 

11 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072(d)) 

12 is amended by adding at the end the following: 

13 ‘‘(3) COMMERCIAL TARGETING DIVISION AND

14 NATIONAL TARGETING AND ANALYSIS GROUPS.— 

15 ‘‘(A) ESTABLISHMENT OF COMMERCIAL

16 TARGETING DIVISION.— 

17 ‘‘(i) IN GENERAL.—The Secretary of 

18 Homeland Security shall establish and 

19 maintain within the Office of International 

20 Trade a Commercial Targeting Division. 

21 ‘‘(ii) COMPOSITION.—The Commercial 

22 Targeting Division shall be composed of— 

23 ‘‘(I) headquarters personnel led 

24 by an Executive Director, who shall 


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1 report to the Assistant Commissioner 

2 for Trade; and 

3 ‘‘(II) individual National Tar4 geting and Analysis Groups, each led 

5 by a Director who shall report to the 

6 Executive Director of the Commercial 

7 Targeting Division. 

8 ‘‘(iii) DUTIES.—The Commercial Tar9 geting Division shall be dedicated— 

10 ‘‘(I) to the development and con11 duct of commercial risk assessment 

12 targeting with respect to cargo des13 tined for the United States in accord14 ance with subparagraph (C); and 

15 ‘‘(II) to issuing Trade Alerts de16 scribed in subparagraph (D). 

17 ‘‘(B) NATIONAL TARGETING AND ANALYSIS

18 GROUPS.— 

19 ‘‘(i) IN GENERAL.—A National Tar20 geting and Analysis Group referred to in 

21 subparagraph (A)(ii)(II) shall, at a min22 imum, be established for each priority 

23 trade issue described in clause (ii). 

24 ‘‘(ii) PRIORITY TRADE ISSUES.— 


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1 ‘‘(I) IN GENERAL.—The priority 

2 trade issues described in this clause 

3 are the following: 

4 ‘‘(aa) Agriculture programs. 

5 ‘‘(bb) Antidumping and 

6 countervailing duties. 

7 ‘‘(cc) Import safety. 

8 ‘‘(dd) Intellectual property 

9 rights. 

10 ‘‘(ee) Revenue. 

11 ‘‘(ff) Textiles and wearing 

12 apparel. 

13 ‘‘(gg) Trade agreements and 

14 preference programs. 

15 ‘‘(II) MODIFICATION.—The Com16 missioner is authorized to establish 

17 new priority trade issues and elimi18 nate, consolidate, or otherwise modify 

19 the priority trade issues described in 

20 this paragraph if the Commissioner— 

21 ‘‘(aa) determines it nec22 essary and appropriate to do so; 

23 ‘‘(bb) submits to the Com24 mittee on Finance of the Senate 

25 and the Committee on Ways and 


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1 Means of the House of Rep2 resentatives a summary of pro3 posals to consolidate, eliminate, 

4 or otherwise modify existing pri5 ority trade issues not later than 

6 60 days before such changes are 

7 to take effect; and 

8 ‘‘(cc) submits to the Com9 mittee on Finance of the Senate 

10 and the Committee on Ways and 

11 Means of the House of Rep12 resentatives a summary of pro13 posals to establish new priority 

14 trade issues not later than 30 

15 days after such changes are to 

16 take effect. 

17 ‘‘(iii) DUTIES.—The duties of each 

18 National Targeting and Analysis Group 

19 shall include— 

20 ‘‘(I) directing the trade enforce21 ment and compliance assessment ac22 tivities of U.S. Customs and Border 

23 Protection that relate to the Group’s 

24 priority trade issue; 


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1 ‘‘(II) facilitating, promoting, and 

2 coordinating cooperation and the ex3 change of information between U.S. 

4 Customs and Border Protection, U.S. 

5 Immigration and Customs Enforce6 ment, and other relevant Federal de7 partments and agencies regarding the 

8 Group’s priority trade issue; and 

9 ‘‘(III) serving as the primary liai10 son between U.S. Customs and Bor11 der Protection and the public regard12 ing United States Government activi13 ties regarding the Group’s priority 

14 trade issue, including— 

15 ‘‘(aa) providing for receipt 

16 and transmission to the appro17 priate U.S. Customs and Border 

18 Protection office of allegations 

19 from interested parties in the pri20 vate sector of violations of cus21 toms and trade laws of the 

22 United States of merchandise re23 lating to the priority trade issue; 

24 ‘‘(bb) obtaining information 

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1 toms and Border Protection of2 fice on the status of any activi3 ties resulting from the submis4 sion of any such allegation, in5 cluding any decision not to pur6 sue the allegation, and providing 

7 any such information to each in8 terested party in the private sec9 tor that submitted the allegation 

10 every 90 days after the allegation 

11 was received by U.S. Customs 

12 and Border Protection unless 

13 providing such information would 

14 compromise an ongoing law en15 forcement investigation; and 

16 ‘‘(cc) notifying on a timely 

17 basis each interested party in the 

18 private sector that submitted 

19 such allegation of any civil or 

20 criminal actions taken by U.S. 

21 Customs and Border Protection 

22 or other Federal department or 

23 agency resulting from the allega24 tion. 


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1 ‘‘(C) COMMERCIAL RISK ASSESSMENT TAR2 GETING.—In carrying out its duties with re3 spect to commercial risk assessment targeting, 

4 the Commercial Targeting Division shall— 

5 ‘‘(i) establish targeted risk assessment 

6 methodologies and standards— 

7 ‘‘(I) for evaluating the risk that 

8 cargo destined for the United States 

9 may violate the customs and trade 

10 laws of the United States, particularly 

11 those laws applicable to merchandise 

12 subject to the priority trade issues de13 scribed in subparagraph (B)(ii); and 

14 ‘‘(II) for issuing, as appropriate, 

15 Trade Alerts described in subpara16 graph (D); and 

17 ‘‘(ii) to the extent practicable and oth18 erwise authorized by law, use, to admin19 ister the methodologies and standards es20 tablished under clause (i)— 

21 ‘‘(I) publicly available informa22 tion; 

23 ‘‘(II) information available from 

24 the Automated Commercial System, 

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1 ment computer system, the Auto2 mated Targeting System, the Auto3 mated Export System, the Inter4 national Trade Data System, the 

5 TECS (formerly known as the ‘Treas6 ury Enforcement Communications 

7 System’), the case management sys8 tem of U.S. Immigration and Customs 

9 Enforcement, and any successor sys10 tems; and 

11 ‘‘(III) information made available 

12 to the Commercial Targeting Division, 

13 including information provided by pri14 vate sector entities. 

15 ‘‘(D) TRADE ALERTS.— 

16 ‘‘(i) ISSUANCE.—Based upon the ap17 plication of the targeted risk assessment 

18 methodologies and standards established 

19 under subparagraph (C), the Executive Di20 rector of the Commercial Targeting Divi21 sion and the Directors of the National 

22 Targeting and Analysis Groups may issue 

23 Trade Alerts to directors of United States 

24 ports of entry directing further inspection, 

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1 cific merchandise to ensure compliance 

2 with all applicable customs and trade laws 

3 and regulations administered by U.S. Cus4 toms and Border Protection. 

5 ‘‘(ii) DETERMINATIONS NOT TO IM6 PLEMENT TRADE ALERTS.—The director 

7 of a United States port of entry may deter8 mine not to conduct further inspections, or 

9 physical examination or testing, pursuant 

10 to a Trade Alert issued under clause (i) 

11 if— 

12 ‘‘(I) the director finds that such 

13 a determination is justified by security 

14 interests; and 

15 ‘‘(II) notifies the Assistant Com16 missioner of the Office of Field Oper17 ations and the Assistant Commis18 sioner of International Trade of U.S. 

19 Customs and Border Protection of the 

20 determination and the reasons for the 

21 determination not later than 48 hours 

22 after making the determination. 

23 ‘‘(iii) SUMMARY OF DETERMINATIONS

24 NOT TO IMPLEMENT.—The Assistant Com25 missioner of the Office of Field Operations 


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1 of U.S. Customs and Border Protection 

2 shall— 

3 ‘‘(I) compile an annual public 

4 summary of all determinations by di5 rectors of United States ports of entry 

6 under clause (ii) and the reasons for 

7 those determinations; 

8 ‘‘(II) conduct an evaluation of 

9 the utilization of Trade Alerts issued 

10 under clause (i); and 

11 ‘‘(III) submit the summary to the 

12 Committee on Finance of the Senate 

13 and the Committee on Ways and 

14 Means of the House of Representa15 tives not later than December 31 of 

16 each year. 

17 ‘‘(iv) INSPECTION DEFINED.—In this 

18 subparagraph, the term ‘inspection’ means 

19 the comprehensive evaluation process used 

20 by U.S. Customs and Border Protection, 

21 other than physical examination or testing, 

22 to permit the entry of merchandise into the 

23 United States, or the clearance of mer24 chandise for transportation in bond 


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1 through the United States, for purposes 

2 of— 

3 ‘‘(I) assessing duties; 

4 ‘‘(II) identifying restricted or 

5 prohibited items; and 

6 ‘‘(III) ensuring compliance with 

7 all applicable customs and trade laws 

8 and regulations administered by U.S. 

9 Customs and Border Protection.’’. 

10 (b) USE OF TRADE DATA FOR COMMERCIAL EN11 FORCEMENT PURPOSES.—Section 343(a)(3)(F) of the 

12 Trade Act of 2002 (19 U.S.C. 2071 note) is amended to 

13 read as follows: 

14 ‘‘(F) The information collected pursuant to 

15 the regulations shall be used exclusively for en16 suring cargo safety and security, preventing 

17 smuggling, and commercial risk assessment tar18 geting, and shall not be used for any commer19 cial enforcement purposes, including for deter20 mining merchandise entry. Notwithstanding the 

21 preceding sentence, nothing in this section shall 

22 be treated as amending, repealing, or otherwise 

23 modifying title IV of the Tariff Act of 1930 or 

24 regulations prescribed thereunder.’’. 


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1 SEC. 112. REPORT ON OVERSIGHT OF REVENUE PROTEC2 TION AND ENFORCEMENT MEASURES. 

3 (a) IN GENERAL.—Not later than March 31, 2016, 

4 and not later than March 31 of each second year there5 after, the Inspector General of the Department of the 

6 Treasury shall submit to the Committee on Finance of the 

7 Senate and the Committee on Ways and Means of the 

8 House of Representatives a report assessing, with respect 

9 to the period covered by the report, as specified in sub10 section (b), the following: 

11 (1) The effectiveness of the measures taken by 

12 U.S. Customs and Border Protection with respect to 

13 protection of revenue, including— 

14 (A) the collection of countervailing duties 

15 assessed under subtitle A of title VII of the 

16 Tariff Act of 1930 (19 U.S.C. 1671 et seq.) 

17 and antidumping duties assessed under subtitle 

18 B of title VII of the Tariff Act of 1930 (19 

19 U.S.C. 1673 et seq.); 

20 (B) the assessment, collection, and mitiga21 tion of commercial fines and penalties; 

22 (C) the use of bonds, including continuous 

23 and single transaction bonds, to secure that 

24 revenue; and 

25 (D) the adequacy of the policies of U.S. 

26 Customs and Border Protection with respect to 


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1 the monitoring and tracking of merchandise 

2 transported in bond and collecting duties, as 

3 appropriate. 

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

5 Customs and Border Protection to measure account6 ability and performance with respect to protection of 

7 revenue. 

8 (3) The number and outcome of investigations 

9 instituted by U.S. Customs and Border Protection 

10 with respect to the underpayment of duties. 

11 (4) The effectiveness of training with respect to 

12 the collection of duties provided for personnel of 

13 U.S. Customs and Border Protection. 

14 (b) PERIOD COVERED BY REPORT.—Each report re15 quired by subsection (a) shall cover the period of 2 fiscal 

16 years ending on September 30 of the calendar year pre17 ceding the submission of the report. 

18 SEC. 113. REPORT ON SECURITY AND REVENUE MEASURES 

19 WITH RESPECT TO MERCHANDISE TRANS20 PORTED IN BOND. 

21 (a) IN GENERAL.—Not later than December 31 of 

22 2016, 2017, and 2018, the Secretary of Homeland Secu23 rity and the Secretary of the Treasury shall jointly submit 

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1 tives a report on efforts undertaken by U.S. Customs and 

2 Border Protection to ensure the secure transportation of 

3 merchandise in bond through the United States and the 

4 collection of revenue owed upon the entry of such mer5 chandise into the United States for consumption. 

6 (b) ELEMENTS.—Each report required by subsection 

7 (a) shall include, for the fiscal year preceding the submis8 sion of the report, information on— 

9 (1) the overall number of entries of merchan10 dise for transportation in bond through the United 

11 States; 

12 (2) the ports at which merchandise arrives in 

13 the United States for transportation in bond and at 

14 which records of the arrival of such merchandise are 

15 generated; 

16 (3) the average time taken to reconcile such 

17 records with the records at the final destination of 

18 the merchandise in the United States to demonstrate 

19 that the merchandise reaches its final destination or 

20 is reexported; 

21 (4) the average time taken to transport mer22 chandise in bond from the port at which the mer23 chandise arrives in the United States to its final des24 tination in the United States; 


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1 (5) the total amount of duties, taxes, and fees 

2 owed with respect to shipments of merchandise 

3 transported in bond and the total amount of such 

4 duties, taxes, and fees paid; 

5 (6) the total number of notifications by carriers 

6 of merchandise being transported in bond that the 

7 destination of the merchandise has changed; and 

8 (7) the number of entries that remain 

9 unreconciled. 

10 SEC. 114. IMPORTER OF RECORD PROGRAM. 

11 (a) ESTABLISHMENT.—Not later than the date that 

12 is 180 days after the date of the enactment of this Act, 

13 the Secretary of Homeland Security shall establish an im14 porter of record program to assign and maintain importer 

15 of record numbers. 

16 (b) REQUIREMENTS.—The Secretary shall ensure 

17 that, as part of the importer of record program, U.S. Cus18 toms and Border Protection— 

19 (1) develops criteria that importers must meet 

20 in order to obtain an importer of record number, in21 cluding— 

22 (A) criteria to ensure sufficient informa23 tion is collected to allow U.S. Customs and Bor24 der Protection to verify the existence of the imVerDate Sep 11 2014 23:34 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1015.IS S1015

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1 porter requesting the importer of record num2 ber; 

3 (B) criteria to ensure sufficient informa4 tion is collected to allow U.S. Customs and Bor5 der Protection to identify linkages or other af6 filiations between importers that are requesting 

7 or have been assigned importer of record num8 bers; and 

9 (C) criteria to ensure sufficient informa10 tion is collected to allow U.S. Customs and Bor11 der Protection to identify changes in address 

12 and corporate structure of importers; 

13 (2) provides a process by which importers are 

14 assigned importer of record numbers; 

15 (3) maintains a centralized database of im16 porter of record numbers, including a history of im17 porter of record numbers associated with each im18 porter, and the information described in subpara19 graphs (A), (B), and (C) of paragraph (1); 

20 (4) evaluates and maintains the accuracy of the 

21 database if such information changes; and 

22 (5) takes measures to ensure that duplicate im23 porter of record numbers are not issued. 

24 (c) REPORT.—Not later than one year after the date 

25 of the enactment of this Act, the Secretary shall submit 


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1 to the Committee on Finance of the Senate and the Com2 mittee on Ways and Means of the House of Representa3 tives a report on the importer of record program estab4 lished under subsection (a). 

5 (d) NUMBER DEFINED.—In this subsection, the term 

6 ‘‘number’’, with respect to an importer of record, means 

7 a filing identification number described in section 24.5 of 

8 title 19, Code of Federal Regulations (or any cor9 responding similar regulation) that fully supports the re10 quirements of subsection (b) with respect to the collection 

11 and maintenance of information. 

12 SEC. 115. ESTABLISHMENT OF NEW IMPORTER PROGRAM. 

13 (a) IN GENERAL.—Not later than the date that is 

14 180 days after the date of the enactment of this Act, the 

15 Commissioner shall establish a new importer program that 

16 directs U.S. Customs and Border Protection to adjust 

17 bond amounts for new importers based on the level of risk 

18 assessed by U.S. Customs and Border Protection for pro19 tection of revenue of the Federal Government. 

20 (b) REQUIREMENTS.—The Commissioner shall en21 sure that, as part of the new importer program established 

22 under subsection (a), U.S. Customs and Border Protec23 tion— 


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1 (1) develops risk-based criteria for determining 

2 which importers are considered to be new importers 

3 for the purposes of this subsection; 

4 (2) develops risk assessment guidelines for new 

5 importers to determine if and to what extent— 

6 (A) to adjust bond amounts of imported 

7 products of new importers; and 

8 (B) to increase screening of imported prod9 ucts of new importers; 

10 (3) develops procedures to ensure increased 

11 oversight of imported products of new importers re12 lating to the enforcement of the priority trade issues 

13 described in paragraph (3)(B)(ii) of section 2(d) of 

14 the Act of March 3, 1927 (44 Stat. 1381, chapter 

15 348; 19 U.S.C. 2072(d)), as added by section 111(a) 

16 of this Act; 

17 (4) develops procedures to ensure increased 

18 oversight of imported products of new importers by 

19 Centers of Excellence and Expertise established 

20 under section 110 of this Act; and 

21 (5) establishes a centralized database of new 

22 importers to ensure accuracy of information that is 

23 required to be provided by new importers to U.S. 

24 Customs and Border Protection. 


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1 TITLE II—IMPORT HEALTH AND 

2 SAFETY 

3 SEC. 201. INTERAGENCY IMPORT SAFETY WORKING GROUP. 

4 (a) ESTABLISHMENT.—There is established an inter5 agency Import Safety Working Group. 

6 (b) MEMBERSHIP.—The interagency Import Safety 

7 Working Group shall consist of the following officials or 

8 their designees: 

9 (1) The Secretary of Homeland Security, who 

10 shall serve as the Chair. 

11 (2) The Secretary of Health and Human Serv12 ices, who shall serve as the Vice Chair. 

13 (3) The Secretary of the Treasury. 

14 (4) The Secretary of Commerce. 

15 (5) The Secretary of Agriculture. 

16 (6) The United States Trade Representative. 

17 (7) The Director of the Office of Management 

18 and Budget. 

19 (8) The Commissioner of Food and Drugs. 

20 (9) The Commissioner responsible for U.S. Cus21 toms and Border Protection. 

22 (10) The Chairman of the Consumer Product 

23 Safety Commission. 

24 (11) The Director of U.S. Immigration and 

25 Customs Enforcement. 


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1 (12) The head of any other Federal agency des2 ignated by the President to participate in the inter3 agency Import Safety Working Group, as appro4 priate. 

5 (c) DUTIES.—The duties of the interagency Import 

6 Safety Working Group shall include— 

7 (1) consulting on the development of the joint 

8 import safety rapid response plan required by sec9 tion 202 of this Act; 

10 (2) periodically evaluating the adequacy of the 

11 plans, practices, and resources of the Federal Gov12 ernment dedicated to ensuring the safety of mer13 chandise imported in the United States and the ex14 peditious entry of such merchandise, including— 

15 (A) minimizing the duplication of efforts 

16 among agencies the heads of which are mem17 bers of the interagency Import Safety Working 

18 Group and ensuring the compatibility of the 

19 policies and regulations of those agencies; and 

20 (B) recommending additional administra21 tive actions, as appropriate, designed to ensure 

22 the safety of merchandise imported into the 

23 United States and the expeditious entry of such 

24 merchandise and considering the impact of 

25 those actions on private sector entities; 


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1 (3) reviewing the engagement and cooperation 

2 of foreign governments and foreign manufacturers in 

3 facilitating the inspection and certification, as appro4 priate, of such merchandise to be imported into the 

5 United States and the facilities producing such mer6 chandise to ensure the safety of the merchandise 

7 and the expeditious entry of the merchandise into 

8 the United States; 

9 (4) identifying best practices, in consultation 

10 with private sector entities as appropriate, to assist 

11 United States importers in taking all appropriate 

12 steps to ensure the safety of merchandise imported 

13 into the United States, including with respect to— 

14 (A) the inspection of manufacturing facili15 ties in foreign countries; 

16 (B) the inspection of merchandise destined 

17 for the United States before exportation from a 

18 foreign country or before distribution in the 

19 United States; and 

20 (C) the protection of the international sup21 ply chain (as defined in section 2 of the Secu22 rity and Accountability For Every Port Act of 

23 2006 (6 U.S.C. 901)); 

24 (5) identifying best practices to assist Federal, 

25 State, and local governments and agencies, and port 


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1 authorities, to improve communication and coordina2 tion among such agencies and authorities with re3 spect to ensuring the safety of merchandise imported 

4 into the United States and the expeditious entry of 

5 such merchandise; and 

6 (6) otherwise identifying appropriate steps to 

7 increase the accountability of United States import8 ers and the engagement of foreign government agen9 cies with respect to ensuring the safety of merchan10 dise imported into the United States and the expedi11 tious entry of such merchandise. 

12 SEC. 202. JOINT IMPORT SAFETY RAPID RESPONSE PLAN. 

13 (a) IN GENERAL.—Not later than December 31, 

14 2016, the Secretary of Homeland Security, in consultation 

15 with the interagency Import Safety Working Group, shall 

16 develop a plan (to be known as the ‘‘joint import safety 

17 rapid response plan’’) that sets forth protocols and defines 

18 practices for U.S. Customs and Border Protection to 

19 use— 

20 (1) in taking action in response to, and coordi21 nating Federal responses to, an incident in which 

22 cargo destined for or merchandise entering the 

23 United States has been identified as posing a threat 

24 to the health or safety of consumers in the United 

25 States; and 


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1 (2) in recovering from or mitigating the effects 

2 of actions and responses to an incident described in 

3 paragraph (1). 

4 (b) CONTENTS.—The joint import safety rapid re5 sponse plan shall address— 

6 (1) the statutory and regulatory authorities and 

7 responsibilities of U.S. Customs and Border Protec8 tion and other Federal agencies in responding to an 

9 incident described in subsection (a)(1); 

10 (2) the protocols and practices to be used by 

11 U.S. Customs and Border Protection when taking 

12 action in response to, and coordinating Federal re13 sponses to, such an incident; 

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

15 and Border Protection and other Federal agencies in 

16 recovering from or mitigating the effects of actions 

17 taken in response to such an incident after the inci18 dent to ensure the resumption of the entry of mer19 chandise into the United States; and 

20 (4) exercises that U.S. Customs and Border 

21 Protection may conduct in conjunction with Federal, 

22 State, and local agencies, and private sector entities, 

23 to simulate responses to such an incident. 

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

25 Security shall review and update the joint import safety 


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1 rapid response plan, as appropriate, after conducting exer2 cises under subsection (d). 

3 (d) IMPORT HEALTH AND SAFETY EXERCISES.— 

4 (1) IN GENERAL.—The Secretary of Homeland 

5 Security and the Commissioner shall periodically en6 gage in the exercises referred to in subsection (b)(4), 

7 in conjunction with Federal, State, and local agen8 cies and private sector entities, as appropriate, to 

9 test and evaluate the protocols and practices identi10 fied in the joint import safety rapid response plan at 

11 United States ports of entry. 

12 (2) REQUIREMENTS FOR EXERCISES.—In con13 ducting exercises under paragraph (1), the Secretary 

14 and the Commissioner shall— 

15 (A) make allowance for the resources, 

16 needs, and constraints of United States ports of 

17 entry of different sizes in representative geo18 graphic locations across the United States; 

19 (B) base evaluations on current risk as20 sessments of merchandise entering the United 

21 States at representative United States ports of 

22 entry located across the United States; 

23 (C) ensure that such exercises are con24 ducted in a manner consistent with the Na25 tional Incident Management System, the NaVerDate Sep 11 2014 23:34 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S1015.IS S1015

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1 tional Response Plan, the National Infrastruc2 ture Protection Plan, the National Prepared3 ness Guidelines, the Maritime Transportation 

4 System Security Plan, and other such national 

5 initiatives of the Department of Homeland Se6 curity, as appropriate; and 

7 (D) develop metrics with respect to the re8 sumption of the entry of merchandise into the 

9 United States after an incident described in 

10 subsection (a)(1). 

11 (3) REQUIREMENTS FOR TESTING AND EVALUA12 TION.—The Secretary and the Commissioner shall 

13 ensure that the testing and evaluation carried out in 

14 conducting exercises under paragraph (1)— 

15 (A) are performed using clear and objec16 tive performance measures; and 

17 (B) result in the identification of specific 

18 recommendations or best practices for respond19 ing to an incident described in subsection 

20 (a)(1). 

21 (4) DISSEMINATION OF RECOMMENDATIONS

22 AND BEST PRACTICES.—The Secretary and the 

23 Commissioner shall— 

24 (A) share the recommendations or best 

25 practices identified under paragraph (3)(B) 


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1 among the members of the interagency Import 

2 Safety Working Group and with, as appro3 priate— 

4 (i) State, local, and tribal govern5 ments; 

6 (ii) foreign governments; and 

7 (iii) private sector entities; and 

8 (B) use such recommendations and best 

9 practices to update the joint import safety rapid 

10 response plan. 

11 SEC. 203. TRAINING. 

12 The Commissioner shall ensure that personnel of 

13 U.S. Customs and Border Protection assigned to United 

14 States ports of entry are trained to effectively administer 

15 the provisions of this title and to otherwise assist in ensur16 ing the safety of merchandise imported into the United 

17 States and the expeditious entry of such merchandise. 

18 TITLE III—IMPORT-RELATED 

19 PROTECTION OF INTELLEC20 TUAL PROPERTY RIGHTS 

21 SEC. 301. DEFINITION OF INTELLECTUAL PROPERTY 

22 RIGHTS. 

23 In this title, the term ‘‘intellectual property rights’’ 

24 refers to copyrights, trademarks, and other forms of intel25 lectual property rights that are enforced by U.S. Customs 


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1 and Border Protection or U.S. Immigration and Customs 

2 Enforcement. 

3 SEC. 302. EXCHANGE OF INFORMATION RELATED TO 

4 TRADE ENFORCEMENT. 

5 (a) IN GENERAL.—The Tariff Act of 1930 is amend6 ed by inserting after section 628 (19 U.S.C. 1628) the 

7 following new section: 

8 ‘‘SEC. 628A. EXCHANGE OF INFORMATION RELATED TO 

9 TRADE ENFORCEMENT. 

10 ‘‘(a) IN GENERAL.—Subject to subsections (c) and 

11 (d), if the Commissioner responsible for U.S. Customs and 

12 Border Protection suspects that merchandise is being im13 ported into the United States in violation of section 526 

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

15 title 17, United States Code, and determines that the ex16 amination or testing of the merchandise by a person de17 scribed in subsection (b) would assist the Commissioner 

18 in determining if the merchandise is being imported in vio19 lation of that section, the Commissioner, to permit the 

20 person to conduct the examination and testing— 

21 ‘‘(1) shall provide to the person information 

22 that appears on the merchandise and its packaging 

23 and labels, including unredacted images of the mer24 chandise and its packaging and labels; and 


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1 ‘‘(2) may, subject to any applicable bonding re2 quirements, provide to the person unredacted sam3 ples of the merchandise. 

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

5 this subsection is— 

6 ‘‘(1) in the case of merchandise suspected of 

7 being imported in violation of section 526, the owner 

8 of the trademark suspected of being copied or simu9 lated by the merchandise; 

10 ‘‘(2) in the case of merchandise suspected of 

11 being imported in violation of section 602 of title 17, 

12 United States Code, the owner of the copyright sus13 pected of being infringed by the merchandise; 

14 ‘‘(3) in the case of merchandise suspected of 

15 being primarily designed or produced for the pur16 pose of circumventing a technological measure that 

17 effectively controls access to a work protected under 

18 that title, and being imported in violation of section 

19 1201(a)(2) of that title, the owner of a copyright in 

20 the work; and 

21 ‘‘(4) in the case of merchandise suspected of 

22 being primarily designed or produced for the pur23 pose of circumventing protection afforded by a tech24 nological measure that effectively protects a right of 

25 an owner of a copyright in a work or a portion of 


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1 a work, and being imported in violation of section 

2 1201(b)(1) of that title, the owner of the copyright. 

3 ‘‘(c) LIMITATION.—Subsection (a) applies only with 

4 respect to merchandise suspected of infringing a trade5 mark or copyright that is recorded with U.S. Customs and 

6 Border Protection. 

7 ‘‘(d) EXCEPTION.—The Commissioner may not pro8 vide under subsection (a) information, photographs, or 

9 samples to a person described in subsection (b) if pro10 viding such information, photographs, or samples would 

11 compromise an ongoing law enforcement investigation or 

12 national security.’’. 

13 (b) TERMINATION OF PREVIOUS AUTHORITY.—Not14 withstanding paragraph (2) of section 818(g) of Public 

15 Law 112–81 (125 Stat. 1496), paragraph (1) of that sec16 tion shall have no force or effect on or after the date of 

17 the enactment of this Act. 

18 SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES. 

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

20 Act of 1930 (19 U.S.C. 1595a(c)(2)) is amended— 

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

22 (2) in subparagraph (F), by striking the period 

23 and inserting ‘‘; or’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(G) U.S. Customs and Border Protection 

2 determines it is a technology, product, service, 

3 device, component, or part thereof the importa4 tion of which is prohibited under subsection 

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

6 United States Code.’’. 

7 (b) NOTIFICATION OF PERSONS INJURED.— 

8 (1) IN GENERAL.—Not later than the date that 

9 is 30 business days after seizing merchandise pursu10 ant to subparagraph (G) of section 596(c)(2) of the 

11 Tariff Act of 1930, as added by subsection (a), the 

12 Commissioner shall provide to any person identified 

13 under paragraph (2) information regarding the mer14 chandise seized that is equivalent to information 

15 provided to copyright owners under regulations of 

16 U.S. Customs and Border Protection for merchan17 dise seized for violation of the copyright laws. 

18 (2) PERSONS TO BE PROVIDED INFORMA19 TION.—Any person injured by the violation of (a)(2) 

20 or (b)(1) of section 1201 of title 17, United States 

21 Code, that resulted in the seizure of the merchandise 

22 shall be provided information under paragraph (1), 

23 if that person is included on a list maintained by the 

24 Commissioner that is revised annually through publi25 cation in the Federal Register. 


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1 (3) REGULATIONS.—Not later than one year 

2 after the date of the enactment of this Act, the Sec3 retary of the Treasury shall prescribe regulations es4 tablishing procedures that implement this sub5 section. 

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

7 PROTECTION OF WORKS FOR WHICH COPY8 RIGHT REGISTRATION IS PENDING. 

9 Not later than the date that is 180 days after the 

10 date of the enactment of this Act, the Secretary of Home11 land Security shall authorize a process pursuant to which 

12 the Commissioner shall enforce a copyright for which the 

13 owner has submitted an application for registration under 

14 title 17, United States Code, with the United States Copy15 right Office, to the same extent and in the same manner 

16 as if the copyright were registered with the Copyright Of17 fice, including by sharing information, images, and sam18 ples of merchandise suspected of infringing the copyright 

19 under section 628A of the Tariff Act of 1930, as added 

20 by section 302. 

21 SEC. 305. NATIONAL INTELLECTUAL PROPERTY RIGHTS 

22 COORDINATION CENTER. 

23 (a) ESTABLISHMENT.—The Secretary of Homeland 

24 Security shall— 


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1 (1) establish within U.S. Immigration and Cus2 toms Enforcement a National Intellectual Property 

3 Rights Coordination Center; and 

4 (2) appoint an Assistant Director to head the 

5 National Intellectual Property Rights Coordination 

6 Center. 

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

8 Intellectual Property Rights Coordination Center shall— 

9 (1) coordinate the investigation of sources of 

10 merchandise that infringe intellectual property rights 

11 to identify organizations and individuals that 

12 produce, smuggle, or distribute such merchandise; 

13 (2) conduct and coordinate training with other 

14 domestic and international law enforcement agencies 

15 on investigative best practices— 

16 (A) to develop and expand the capability of 

17 such agencies to enforce intellectual property 

18 rights; and 

19 (B) to develop metrics to assess whether 

20 the training improved enforcement of intellec21 tual property rights; 

22 (3) coordinate, with U.S. Customs and Border 

23 Protection, activities conducted by the United States 

24 to prevent the importation or exportation of mer25 chandise that infringes intellectual property rights; 


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1 (4) support the international interdiction of 

2 merchandise destined for the United States that in3 fringes intellectual property rights; 

4 (5) collect and integrate information regarding 

5 infringement of intellectual property rights from do6 mestic and international law enforcement agencies 

7 and other non-Federal sources; 

8 (6) develop a means to receive and organize in9 formation regarding infringement of intellectual 

10 property rights from such agencies and other 

11 sources; 

12 (7) disseminate information regarding infringe13 ment of intellectual property rights to other Federal 

14 agencies, as appropriate; 

15 (8) develop and implement risk-based alert sys16 tems, in coordination with U.S. Customs and Border 

17 Protection, to improve the targeting of persons that 

18 repeatedly infringe intellectual property rights; 

19 (9) coordinate with the offices of United States 

20 attorneys in order to develop expertise in, and assist 

21 with the investigation and prosecution of, crimes re22 lating to the infringement of intellectual property 

23 rights; and 

24 (10) carry out such other duties as the Sec25 retary of Homeland Security may assign. 


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1 (c) COORDINATION WITH OTHER AGENCIES.—In 

2 carrying out the duties described in subsection (b), the As3 sistant Director of the National Intellectual Property 

4 Rights Coordination Center shall coordinate with— 

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

6 (2) the Food and Drug Administration; 

7 (3) the Department of Justice; 

8 (4) the Department of Commerce, including the 

9 United States Patent and Trademark Office; 

10 (5) the United States Postal Inspection Service; 

11 (6) the Office of the United States Trade Rep12 resentative; 

13 (7) any Federal, State, local, or international 

14 law enforcement agencies that the Director of U.S. 

15 Immigration and Customs Enforcement considers 

16 appropriate; and 

17 (8) any other entities that the Director con18 siders appropriate. 

19 (d) PRIVATE SECTOR OUTREACH.— 

20 (1) IN GENERAL.—The Assistant Director of 

21 the National Intellectual Property Rights Coordina22 tion Center shall work with U.S. Customs and Bor23 der Protection and other Federal agencies to con24 duct outreach to private sector entities in order to 


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1 determine trends in and methods of infringing intel2 lectual property rights. 

3 (2) INFORMATION SHARING.—The Assistant Di4 rector shall share information and best practices 

5 with respect to the enforcement of intellectual prop6 erty rights with private sector entities, as appro7 priate, in order to coordinate public and private sec8 tor efforts to combat the infringement of intellectual 

9 property rights. 

10 SEC. 306. JOINT STRATEGIC PLAN FOR THE ENFORCEMENT 

11 OF INTELLECTUAL PROPERTY RIGHTS. 

12 The Commissioner and the Director of U.S. Immigra13 tion and Customs Enforcement shall include in the joint 

14 strategic plan required by section 105 of this Act— 

15 (1) a description of the efforts of the Depart16 ment of Homeland Security to enforce intellectual 

17 property rights; 

18 (2) a list of the 10 United States ports of entry 

19 at which U.S. Customs and Border Protection has 

20 seized the most merchandise, both by volume and by 

21 value, that infringes intellectual property rights dur22 ing the most recent 2-year period for which data are 

23 available; and 

24 (3) a recommendation for the optimal allocation 

25 of personnel, resources, and technology to ensure 


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1 that U.S. Customs and Border Protection and U.S. 

2 Immigration and Customs Enforcement are ade3 quately enforcing intellectual property rights. 

4 SEC. 307. PERSONNEL DEDICATED TO THE ENFORCEMENT 

5 OF INTELLECTUAL PROPERTY RIGHTS. 

6 (a) PERSONNEL OF U.S. CUSTOMS AND BORDER

7 PROTECTION.—The Commissioner and the Director of 

8 U.S. Immigration and Customs Enforcement shall ensure 

9 that sufficient personnel are assigned throughout U.S. 

10 Customs and Border Protection and U.S. Immigration 

11 and Customs Enforcement, respectively, who have respon12 sibility for preventing the importation into the United 

13 States of merchandise that infringes intellectual property 

14 rights. 

15 (b) STAFFING OF NATIONAL INTELLECTUAL PROP16 ERTY RIGHTS COORDINATION CENTER.—The Commis17 sioner shall— 

18 (1) assign not fewer than 3 full-time employees 

19 of U.S. Customs and Border Protection to the Na20 tional Intellectual Property Rights Coordination 

21 Center established under section 305 of this Act; 

22 and 

23 (2) ensure that sufficient personnel are as24 signed to United States ports of entry to carry out 

25 the directives of the Center. 


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1 SEC. 308. TRAINING WITH RESPECT TO THE ENFORCEMENT 

2 OF INTELLECTUAL PROPERTY RIGHTS. 

3 (a) TRAINING.—The Commissioner shall ensure that 

4 officers of U.S. Customs and Border Protection are 

5 trained to effectively detect and identify merchandise des6 tined for the United States that infringes intellectual 

7 property rights, including through the use of technologies 

8 identified under subsection (c). 

9 (b) CONSULTATION WITH PRIVATE SECTOR.—The 

10 Commissioner shall consult with private sector entities to 

11 better identify opportunities for collaboration between 

12 U.S. Customs and Border Protection and such entities 

13 with respect to training for officers of U.S. Customs and 

14 Border Protection in enforcing intellectual property rights. 

15 (c) IDENTIFICATION OF NEW TECHNOLOGIES.—In 

16 consultation with private sector entities, the Commissioner 

17 shall identify— 

18 (1) technologies with the cost-effective capa19 bility to detect and identify merchandise at United 

20 States ports of entry that infringes intellectual prop21 erty rights; and 

22 (2) cost-effective programs for training officers 

23 of U.S. Customs and Border Protection to use such 

24 technologies. 

25 (d) DONATIONS OF TECHNOLOGY.—Not later than 

26 the date that is 180 days after the date of the enactment 


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1 of this Act, the Commissioner shall prescribe regulations 

2 to enable U.S. Customs and Border Protection to receive 

3 donations of hardware, software, equipment, and similar 

4 technologies, and to accept training and other support 

5 services, from private sector entities, for the purpose of 

6 enforcing intellectual property rights. 

7 SEC. 309. INTERNATIONAL COOPERATION AND INFORMA8 TION SHARING. 

9 (a) COOPERATION.—The Secretary of Homeland Se10 curity shall coordinate with the competent law enforce11 ment and customs authorities of foreign countries, includ12 ing by sharing information relevant to enforcement ac13 tions, to enhance the efforts of the United States and such 

14 authorities to enforce intellectual property rights. 

15 (b) TECHNICAL ASSISTANCE.—The Secretary of 

16 Homeland Security shall provide technical assistance to 

17 competent law enforcement and customs authorities of for18 eign countries to enhance the ability of such authorities 

19 to enforce intellectual property rights. 

20 (c) INTERAGENCY COLLABORATION.—The Commis21 sioner and the Director of U.S. Immigration and Customs 

22 Enforcement shall lead interagency efforts to collaborate 

23 with law enforcement and customs authorities of foreign 

24 countries to enforce intellectual property rights. 


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1 SEC. 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS 

2 ENFORCEMENT. 

3 Not later than June 30, 2016, and annually there4 after, the Commissioner and the Director of U.S. Immi5 gration and Customs Enforcement shall jointly submit to 

6 the Committee on Finance of the Senate and the Com7 mittee on Ways and Means of the House of Representa8 tives a report that contains the following: 

9 (1) With respect to the enforcement of intellec10 tual property rights, the following: 

11 (A) The number of referrals from U.S. 

12 Customs and Border Protection to U.S. Immi13 gration and Customs Enforcement relating to 

14 infringement of intellectual property rights dur15 ing the preceding year. 

16 (B) The number of investigations relating 

17 to the infringement of intellectual property 

18 rights referred by U.S. Immigration and Cus19 toms Enforcement to a United States attorney 

20 for prosecution and the United States attorneys 

21 to which those investigations were referred. 

22 (C) The number of such investigations ac23 cepted by each such United States attorney and 

24 the status or outcome of each such investiga25 tion. 


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1 (D) The number of such investigations 

2 that resulted in the imposition of civil or crimi3 nal penalties. 

4 (E) A description of the efforts of U.S. 

5 Customs and Border Protection and U.S. Immi6 gration and Customs Enforcement to improve 

7 the success rates of investigations and prosecu8 tions relating to the infringement of intellectual 

9 property rights. 

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

11 the Office of International Trade of U.S. Customs 

12 and Border Protection to respond to a request from 

13 port personnel for advice with respect to whether 

14 merchandise detained by U.S. Customs and Border 

15 Protection infringed intellectual property rights, dis16 tinguished by types of intellectual property rights in17 fringed. 

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

19 Customs and Border Protection and U.S. Immigra20 tion and Customs Enforcement with respect to— 

21 (A) the interdiction and investigation of, 

22 and the sharing of information between those 

23 agencies and other Federal agencies to prevent 

24 the infringement of intellectual property rights; 


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1 (B) collaboration with private sector enti2 ties— 

3 (i) to identify trends in the infringe4 ment of, and technologies that infringe, in5 tellectual property rights; 

6 (ii) to identify opportunities for en7 hanced training of officers of U.S. Cus8 toms and Border Protection and U.S. Im9 migration and Customs Enforcement; and 

10 (iii) to develop best practices to en11 force intellectual property rights; and 

12 (C) coordination with foreign governments 

13 and international organizations with respect to 

14 the enforcement of intellectual property rights. 

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

16 and Border Protection and U.S. Immigration and 

17 Customs Enforcement to address the challenges with 

18 respect to the enforcement of intellectual property 

19 rights presented by Internet commerce and the tran20 sit of small packages and an identification of the 

21 volume, value, and type of merchandise seized for in22 fringing intellectual property rights as a result of 

23 such efforts. 

24 (5) A summary of training relating to the en25 forcement of intellectual property rights conducted 


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1 under section 308 of this Act and expenditures for 

2 such training. 

3 SEC. 311. INFORMATION FOR TRAVELERS REGARDING VIO4 LATIONS OF INTELLECTUAL PROPERTY 

5 RIGHTS. 

6 (a) IN GENERAL.—The Secretary of Homeland Secu7 rity shall develop and carry out an educational campaign 

8 to inform travelers entering or leaving the United States 

9 about the legal, economic, and public health and safety 

10 implications of acquiring merchandise that infringes intel11 lectual property rights outside the United States and im12 porting such merchandise into the United States in viola13 tion of United States law. 

14 (b) DECLARATION FORMS.—The Commissioner shall 

15 ensure that all versions of Declaration Form 6059B of 

16 U.S. Customs and Border Protection, or a successor form, 

17 including any electronic equivalent of Declaration Form 

18 6059B or a successor form, printed or displayed on or 

19 after the date that is 30 days after the date of the enact20 ment of this Act include a written warning to inform trav21 elers arriving in the United States that importation of 

22 merchandise into the United States that infringes intellec23 tual property rights may subject travelers to civil or crimi24 nal penalties and may pose serious risks to safety or 

25 health. 


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1 TITLE IV—EVASION OF ANTI2 DUMPING AND COUNTER3 VAILING DUTY ORDERS 

4 SEC. 401. SHORT TITLE. 

5 This title may be cited as the ‘‘Enforcing Orders and 

6 Reducing Customs Evasion Act of 2015’’. 

7 SEC. 402. PROCEDURES FOR INVESTIGATING CLAIMS OF 

8 EVASION OF ANTIDUMPING AND COUNTER9 VAILING DUTY ORDERS. 

10 (a) IN GENERAL.—The Tariff Act of 1930 is amend11 ed by inserting after section 516A (19 U.S.C. 1516a) the 

12 following: 

13 ‘‘SEC. 517. PROCEDURES FOR INVESTIGATING CLAIMS OF 

14 EVASION OF ANTIDUMPING AND COUNTER15 VAILING DUTY ORDERS. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) ADMINISTERING AUTHORITY.—The term 

18 ‘administering authority’ has the meaning given that 

19 term in section 771(1). 

20 ‘‘(2) COMMISSIONER.—The term ‘Commis21 sioner’ means the Commissioner responsible for U.S. 

22 Customs and Border Protection, acting pursuant to 

23 the delegation by the Secretary of the Treasury of 

24 the authority of the Secretary with respect to cusVerDate Sep 11 2014 23:34 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S1015.IS S1015

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1 toms revenue functions (as defined in section 415 of 

2 the Homeland Security Act of 2002 (6 U.S.C. 215)). 

3 ‘‘(3) COVERED MERCHANDISE.—The term ‘cov4 ered merchandise’ means merchandise that is subject 

5 to— 

6 ‘‘(A) an antidumping duty order issued 

7 under section 736; 

8 ‘‘(B) a finding issued under the Anti9 dumping Act, 1921; or 

10 ‘‘(C) a countervailing duty order issued 

11 under section 706. 

12 ‘‘(4) ENTER; ENTRY.—The terms ‘enter’ and 

13 ‘entry’ refer to the entry, or withdrawal from ware14 house for consumption, of merchandise in the cus15 toms territory of the United States. 

16 ‘‘(5) EVASION.— 

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraph (B), the term ‘evasion’ refers to 

19 entering covered merchandise into the customs 

20 territory of the United States by means of any 

21 document or electronically transmitted data or 

22 information, written or oral statement, or act 

23 that is material and false, or any omission that 

24 is material, and that results in any cash deposit 

25 or other security or any amount of applicable 


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1 antidumping or countervailing duties being re2 duced or not being applied with respect to the 

3 merchandise. 

4 ‘‘(B) EXCEPTION FOR CLERICAL ERROR.— 

5 ‘‘(i) IN GENERAL.—Except as pro6 vided in clause (ii), the term ‘evasion’ does 

7 not include entering covered merchandise 

8 into the customs territory of the United 

9 States by means of— 

10 ‘‘(I) a document or electronically 

11 transmitted data or information, writ12 ten or oral statement, or act that is 

13 false as a result of a clerical error; or 

14 ‘‘(II) an omission that results 

15 from a clerical error. 

16 ‘‘(ii) PATTERNS OF NEGLIGENT CON17 DUCT.—If the Commissioner determines 

18 that a person has entered covered mer19 chandise into the customs territory of the 

20 United States by means of a clerical error 

21 referred to in subclause (I) or (II) of 

22 clause (i) and that the clerical error is part 

23 of a pattern of negligent conduct on the 

24 part of that person, the Commissioner may 

25 determine, notwithstanding clause (i), that 


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1 the person has entered such covered mer2 chandise into the customs territory of the 

3 United States through evasion. 

4 ‘‘(iii) ELECTRONIC REPETITION OF

5 ERRORS.—For purposes of clause (ii), the 

6 mere nonintentional repetition by an elec7 tronic system of an initial clerical error 

8 does not constitute a pattern of negligent 

9 conduct. 

10 ‘‘(iv) RULE OF CONSTRUCTION.—A 

11 determination by the Commissioner that a 

12 person has entered covered merchandise 

13 into the customs territory of the United 

14 States by means of a clerical error referred 

15 to in subclause (I) or (II) of clause (i) 

16 rather than through evasion shall not be 

17 construed to excuse that person from the 

18 payment of any duties applicable to the 

19 merchandise. 

20 ‘‘(6) INTERESTED PARTY.— 

21 ‘‘(A) IN GENERAL.—The term ‘interested 

22 party’ means— 

23 ‘‘(i) a manufacturer, producer, or 

24 wholesaler in the United States of a do25 mestic like product; 


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1 ‘‘(ii) a certified union or recognized 

2 union or group of workers that is rep3 resentative of an industry engaged in the 

4 manufacture, production, or wholesale in 

5 the United States of a domestic like prod6 uct; 

7 ‘‘(iii) a trade or business association a 

8 majority of whose members manufacture, 

9 produce, or wholesale a domestic like prod10 uct in the United States; 

11 ‘‘(iv) an association, a majority of 

12 whose members is composed of interested 

13 parties described in clause (i), (ii), or (iii) 

14 with respect to a domestic like product; 

15 and 

16 ‘‘(v) if the covered merchandise is a 

17 processed agricultural product, as defined 

18 in section 771(4)(E), a coalition or trade 

19 association that is representative of ei20 ther— 

21 ‘‘(I) processors; 

22 ‘‘(II) processors and producers; 

23 or 

24 ‘‘(III) processors and growers, 


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1 but this clause shall cease to have effect if 

2 the United States Trade Representative 

3 notifies the administering authority and 

4 the Commission that the application of this 

5 clause is inconsistent with the international 

6 obligations of the United States. 

7 ‘‘(B) DOMESTIC LIKE PRODUCT.—For pur8 poses of subparagraph (A), the term ‘domestic 

9 like product’ means a product that is like, or in 

10 the absence of like, most similar in characteris11 tics and uses with, covered merchandise. 

12 ‘‘(b) INVESTIGATIONS.— 

13 ‘‘(1) IN GENERAL.—Not later than 10 business 

14 days after receiving an allegation described in para15 graph (2) or a referral described in paragraph (3), 

16 the Commissioner shall initiate an investigation if 

17 the Commissioner determines that the information 

18 provided in the allegation or the referral, as the case 

19 may be, reasonably suggests that covered merchan20 dise has been entered into the customs territory of 

21 the United States through evasion. 

22 ‘‘(2) ALLEGATION DESCRIBED.—An allegation 

23 described in this paragraph is an allegation that a 

24 person has entered covered merchandise into the 


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1 customs territory of the United States through eva2 sion that is— 

3 ‘‘(A) filed with the Commissioner by an in4 terested party; and 

5 ‘‘(B) accompanied by information reason6 ably available to the party that filed the allega7 tion. 

8 ‘‘(3) REFERRAL DESCRIBED.—A referral de9 scribed in this paragraph is information submitted 

10 to the Commissioner by any other Federal agency, 

11 including the Department of Commerce or the 

12 United States International Trade Commission, that 

13 reasonably suggests that a person has entered cov14 ered merchandise into the customs territory of the 

15 United States through evasion. 

16 ‘‘(4) CONSOLIDATION OF ALLEGATIONS AND

17 REFERRALS.— 

18 ‘‘(A) IN GENERAL.—The Commissioner 

19 may consolidate multiple allegations described 

20 in paragraph (2) and referrals described in 

21 paragraph (3) into a single investigation if the 

22 Commissioner determines it is appropriate to do 

23 so. 

24 ‘‘(B) EFFECT ON TIMING REQUIRE25 MENTS.—If the Commissioner consolidates mulVerDate Sep 11 2014 23:34 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\S1015.IS S1015

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1 tiple allegations or referrals into a single inves2 tigation under subparagraph (A), the date on 

3 which the Commissioner receives the first such 

4 allegation or referral shall be used for purposes 

5 of the requirement under paragraph (1) with 

6 respect to the timing of the initiation of the in7 vestigation. 

8 ‘‘(5) INFORMATION-SHARING TO PROTECT

9 HEALTH AND SAFETY.—If, during the course of con10 ducting an investigation under paragraph (1) with 

11 respect to covered merchandise, the Commissioner 

12 has reason to suspect that such covered merchandise 

13 may pose a health or safety risk to consumers, the 

14 Commissioner shall provide, as appropriate, informa15 tion to the appropriate Federal agencies for pur16 poses of mitigating the risk. 

17 ‘‘(6) TECHNICAL ASSISTANCE AND ADVICE.— 

18 ‘‘(A) IN GENERAL.—Upon request, the 

19 Commissioner shall provide technical assistance 

20 and advice to eligible small businesses to enable 

21 such businesses to prepare and submit allega22 tions described in paragraph (2), except that 

23 the Commissioner may deny assistance if the 

24 Commissioner concludes that the allegation, if 

25 submitted, would not lead to the initiation of an 


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1 investigation under this subsection or any other 

2 action to address the allegation. 

3 ‘‘(B) ELIGIBLE SMALL BUSINESS DE4 FINED.— 

5 ‘‘(i) IN GENERAL.—In this paragraph, 

6 the term ‘eligible small business’ means 

7 any business concern that the Commis8 sioner determines, due to its small size, 

9 has neither adequate internal resources nor 

10 the financial ability to obtain qualified out11 side assistance in preparing and filing alle12 gations described in paragraph (2). 

13 ‘‘(ii) NONREVIEWABILITY.—The de14 termination of the Commissioner regarding 

15 whether a business concern is an eligible 

16 small business for purposes of this para17 graph is not reviewable by any other agen18 cy or by any court. 

19 ‘‘(c) DETERMINATIONS.— 

20 ‘‘(1) IN GENERAL.—Not later than 270 cal21 endar days after the date on which the Commis22 sioner initiates an investigation under subsection (b) 

23 with respect to covered merchandise, the Commis24 sioner shall make a determination, based on sub25 stantial evidence, with respect to whether such covVerDate Sep 11 2014 23:34 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S1015.IS S1015

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1 ered merchandise was entered into the customs terri2 tory of the United States through evasion. 

3 ‘‘(2) AUTHORITY TO COLLECT AND VERIFY AD4 DITIONAL INFORMATION.—In making a determina5 tion under paragraph (1) with respect to covered 

6 merchandise, the Commissioner may collect such ad7 ditional information as is necessary to make the de8 termination through such methods as the Commis9 sioner considers appropriate, including by— 

10 ‘‘(A) issuing a questionnaire with respect 

11 to such covered merchandise to— 

12 ‘‘(i) an interested party that filed an 

13 allegation under paragraph (2) of sub14 section (b) that resulted in the initiation of 

15 an investigation under paragraph (1) of 

16 that subsection with respect to such cov17 ered merchandise; 

18 ‘‘(ii) a person alleged to have entered 

19 such covered merchandise into the customs 

20 territory of the United States through eva21 sion; 

22 ‘‘(iii) a person that is a foreign pro23 ducer or exporter of such covered merchan24 dise; or 


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1 ‘‘(iv) the government of a country 

2 from which such covered merchandise was 

3 exported; and 

4 ‘‘(B) conducting verifications, including on5 site verifications, of any relevant information. 

6 ‘‘(3) ADVERSE INFERENCE.—If the Commis7 sioner finds that a party or person described in 

8 clause (i), (ii), or (iii) of paragraph (2)(A) has failed 

9 to cooperate by not acting to the best of the party 

10 or person’s ability to comply with a request for in11 formation, the Commissioner may, in making a de12 termination under paragraph (1), use an inference 

13 that is adverse to the interests of that party or per14 son in selecting from among the facts otherwise 

15 available to make the determination. 

16 ‘‘(4) NOTIFICATION.—Not later than 5 business 

17 days after making a determination under paragraph 

18 (1) with respect to covered merchandise, the Com19 missioner— 

20 ‘‘(A) shall provide to each interested party 

21 that filed an allegation under paragraph (2) of 

22 subsection (b) that resulted in the initiation of 

23 an investigation under paragraph (1) of that 

24 subsection with respect to such covered mer25 chandise a notification of the determination and 


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1 may, in addition, include an explanation of the 

2 basis for the determination; and 

3 ‘‘(B) may provide to importers, in such 

4 manner as the Commissioner determines appro5 priate, information discovered in the investiga6 tion that the Commissioner determines will help 

7 educate importers with respect to importing 

8 merchandise into the customs territory of the 

9 United States in accordance with all applicable 

10 laws and regulations. 

11 ‘‘(d) EFFECT OF DETERMINATIONS.— 

12 ‘‘(1) IN GENERAL.—If the Commissioner makes 

13 a determination under subsection (c) that covered 

14 merchandise was entered into the customs territory 

15 of the United States through evasion, the Commis16 sioner shall— 

17 ‘‘(A)(i) suspend the liquidation of unliqui18 dated entries of such covered merchandise that 

19 are subject to the determination and that enter 

20 on or after the date of the initiation of the in21 vestigation under subsection (b) with respect to 

22 such covered merchandise and on or before the 

23 date of the determination; or 

24 ‘‘(ii) if the Commissioner has already sus25 pended the liquidation of such entries pursuant 


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1 to subsection (e)(1), continue to suspend the 

2 liquidation of such entries; 

3 ‘‘(B) pursuant to the Commissioner’s au4 thority under section 504(b)— 

5 ‘‘(i) extend the period for liquidating 

6 unliquidated entries of such covered mer7 chandise that are subject to the determina8 tion and that entered before the date of 

9 the initiation of the investigation; or 

10 ‘‘(ii) if the Commissioner has already 

11 extended the period for liquidating such 

12 entries pursuant to subsection (e)(1), con13 tinue to extend the period for liquidating 

14 such entries; 

15 ‘‘(C) notify the administering authority of 

16 the determination and request that the admin17 istering authority— 

18 ‘‘(i) identify the applicable anti19 dumping or countervailing duty assessment 

20 rates for entries described in subpara21 graphs (A) and (B); or 

22 ‘‘(ii) if no such assessment rate for 

23 such an entry is available at the time, 

24 identify the applicable cash deposit rate to 

25 be applied to the entry, with the applicable 


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1 antidumping or countervailing duty assess2 ment rate to be provided as soon as that 

3 rate becomes available; 

4 ‘‘(D) require the posting of cash deposits 

5 and assess duties on entries described in sub6 paragraphs (A) and (B) in accordance with the 

7 instructions received from the administering au8 thority under paragraph (2); and 

9 ‘‘(E) take such additional enforcement 

10 measures as the Commissioner determines ap11 propriate, such as— 

12 ‘‘(i) initiating proceedings under sec13 tion 592 or 596; 

14 ‘‘(ii) implementing, in consultation 

15 with the relevant Federal agencies, rule 

16 sets or modifications to rules sets for iden17 tifying, particularly through the Auto18 mated Targeting System and the Auto19 mated Commercial Environment author20 ized under section 13031(f) of the Consoli21 dated Omnibus Budget Reconciliation Act 

22 of 1985 (19 U.S.C. 58c(f)), importers, 

23 other parties, and merchandise that may 

24 be associated with evasion; 


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1 ‘‘(iii) requiring, with respect to mer2 chandise for which the importer has re3 peatedly provided incomplete or erroneous 

4 entry summary information in connection 

5 with determinations of evasion, the im6 porter to deposit estimated duties at the 

7 time of entry; and 

8 ‘‘(iv) referring the record in whole or 

9 in part to U.S. Immigration and Customs 

10 Enforcement for civil or criminal investiga11 tion. 

12 ‘‘(2) COOPERATION OF ADMINISTERING AU13 THORITY.— 

14 ‘‘(A) IN GENERAL.—Upon receiving a noti15 fication from the Commissioner under para16 graph (1)(C), the administering authority shall 

17 promptly provide to the Commissioner the ap18 plicable cash deposit rates and antidumping or 

19 countervailing duty assessment rates and any 

20 necessary liquidation instructions. 

21 ‘‘(B) SPECIAL RULE FOR CASES IN WHICH

22 THE PRODUCER OR EXPORTER IS UNKNOWN.— 

23 If the Commissioner and the administering au24 thority are unable to determine the producer or 

25 exporter of the merchandise with respect to 


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1 which a notification is made under paragraph 

2 (1)(C), the administering authority shall iden3 tify, as the applicable cash deposit rate or anti4 dumping or countervailing duty assessment 

5 rate, the cash deposit or duty (as the case may 

6 be) in the highest amount applicable to any 

7 producer or exporter, including the ‘all-others’ 

8 rate of the merchandise subject to an anti9 dumping order or countervailing duty order 

10 under section 736 or 706, respectively, or a 

11 finding issued under the Antidumping Act, 

12 1921, or any administrative review conducted 

13 under section 751. 

14 ‘‘(e) INTERIM MEASURES.—Not later than 90 cal15 endar days after initiating an investigation under sub16 section (b) with respect to covered merchandise, the Com17 missioner shall decide based on the investigation if there 

18 is a reasonable suspicion that such covered merchandise 

19 was entered into the customs territory of the United 

20 States through evasion and, if the Commissioner decides 

21 there is such a reasonable suspicion, the Commissioner 

22 shall— 

23 ‘‘(1) suspend the liquidation of each unliqui24 dated entry of such covered merchandise that enVerDate Sep 11 2014 23:34 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\S1015.IS S1015

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1 tered on or after the date of the initiation of the in2 vestigation; 

3 ‘‘(2) pursuant to the Commissioner’s authority 

4 under section 504(b), extend the period for liqui5 dating each unliquidated entry of such covered mer6 chandise that entered before the date of the initi7 ation of the investigation; and 

8 ‘‘(3) pursuant to the Commissioner’s authority 

9 under section 623, take such additional measures as 

10 the Commissioner determines necessary to protect 

11 the revenue of the United States, including requiring 

12 a single transaction bond or additional security or 

13 the posting of a cash deposit with respect to such 

14 covered merchandise. 

15 ‘‘(f) ADMINISTRATIVE REVIEW.— 

16 ‘‘(1) IN GENERAL.—Not later than 30 business 

17 days after the Commissioner makes a determination 

18 under subsection (c) with respect to whether covered 

19 merchandise was entered into the customs territory 

20 of the United States through evasion, a person de21 termined to have entered such covered merchandise 

22 through evasion or an interested party that filed an 

23 allegation under paragraph (2) of subsection (b) 

24 that resulted in the initiation of an investigation 

25 under paragraph (1) of that subsection with respect 


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1 to such covered merchandise may file an appeal with 

2 the Commissioner for de novo review of the deter3 mination. 

4 ‘‘(2) TIMELINE FOR REVIEW.—Not later than 

5 60 business days after an appeal of a determination 

6 is filed under paragraph (1), the Commissioner shall 

7 complete the review of the determination. 

8 ‘‘(g) JUDICIAL REVIEW.— 

9 ‘‘(1) IN GENERAL.—Not later than 30 business 

10 days after the Commissioner completes a review 

11 under subsection (f) of a determination under sub12 section (c) with respect to whether covered merchan13 dise was entered into the customs territory of the 

14 United States through evasion, a person determined 

15 to have entered such covered merchandise through 

16 evasion or an interested party that filed an allega17 tion under paragraph (2) of subsection (b) that re18 sulted in the initiation of an investigation under 

19 paragraph (1) of that subsection with respect to 

20 such covered merchandise may commence a civil ac21 tion in the United States Court of International 

22 Trade by filing concurrently a summons and com23 plaint contesting any factual findings or legal con24 clusions upon which the determination is based. 


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1 ‘‘(2) STANDARD OF REVIEW.—In a civil action 

2 under this subsection, the court shall hold unlawful 

3 any determination, finding, or conclusion found to be 

4 arbitrary, capricious, an abuse of discretion, or oth5 erwise not in accordance with law. 

6 ‘‘(h) RULE OF CONSTRUCTION WITH RESPECT TO

7 OTHER CIVIL AND CRIMINAL PROCEEDINGS AND INVES8 TIGATIONS.—No determination under subsection (c) or ac9 tion taken by the Commissioner pursuant to this section 

10 shall be construed to limit the authority to carry out, or 

11 the scope of, any other proceeding or investigation pursu12 ant to any other provision of Federal or State law, includ13 ing sections 592 and 596.’’. 

14 (b) CONFORMING AMENDMENT.—Section 1581(c) of 

15 title 28, United States Code, is amended by inserting ‘‘or 

16 517’’ after ‘‘516A’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on the date that is 180 days 

19 after the date of the enactment of this Act. 

20 (d) REGULATIONS.—Not later than the date that is 

21 180 days after the date of the enactment of this Act, the 

22 Secretary of the Treasury shall prescribe such regulations 

23 as may be necessary to implement the amendments made 

24 by this section. 


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1 (e) APPLICATION TO CANADA AND MEXICO.—Pursu2 ant to article 1902 of the North American Free Trade 

3 Agreement and section 408 of the North American Free 

4 Trade Agreement Implementation Act (19 U.S.C. 3438), 

5 the amendments made by this section shall apply with re6 spect to goods from Canada and Mexico. 

7 SEC. 403. ANNUAL REPORT ON PREVENTION AND INVES8 TIGATION OF EVASION OF ANTIDUMPING 

9 AND COUNTERVAILING DUTY ORDERS. 

10 (a) IN GENERAL.—Not later than January 15 of 

11 each calendar year that begins on or after the date that 

12 is 270 days after the date of the enactment of this Act, 

13 the Commissioner, in consultation with the Secretary of 

14 Commerce and the Director of U.S. Immigration and Cus15 toms Enforcement, shall submit to the Committee on Fi16 nance of the Senate and the Committee on Ways and 

17 Means of the House of Representatives a report on the 

18 efforts being taken to prevent and investigate the entry 

19 of covered merchandise into the customs territory of the 

20 United States through evasion. 

21 (b) CONTENTS.—Each report required under sub22 section (a) shall include— 

23 (1) for the calendar year preceding the submis24 sion of the report— 


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1 (A) a summary of the efforts of U.S. Cus2 toms and Border Protection to prevent and in3 vestigate the entry of covered merchandise into 

4 the customs territory of the United States 

5 through evasion; 

6 (B) the number of allegations of evasion 

7 received under subsection (b) of section 517 of 

8 the Tariff Act of 1930, as added by section 402 

9 of this Act, and the number of such allegations 

10 resulting in investigations by U.S. Customs and 

11 Border Protection or any other agency; 

12 (C) a summary of investigations initiated 

13 under subsection (b) of such section 517, in14 cluding— 

15 (i) the number and nature of the in16 vestigations initiated, conducted, and com17 pleted; and 

18 (ii) the resolution of each completed 

19 investigation; 

20 (D) the number of investigations initiated 

21 under that subsection not completed during the 

22 time provided for making determinations under 

23 subsection (c) of such section 517 and an expla24 nation for why the investigations could not be 

25 completed on time; 


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1 (E) the amount of additional duties that 

2 were determined to be owed as a result of such 

3 investigations, the amount of such duties that 

4 were collected, and, for any such duties not col5 lected, a description of the reasons those duties 

6 were not collected; 

7 (F) with respect to each such investigation 

8 that led to the imposition of a penalty, the 

9 amount of the penalty; 

10 (G) an identification of the countries of or11 igin of covered merchandise determined under 

12 subsection (c) of such section 517 to be entered 

13 into the customs territory of the United States 

14 through evasion; 

15 (H) the amount of antidumping and coun16 tervailing duties collected as a result of any in17 vestigations or other actions by U.S. Customs 

18 and Border Protection or any other agency; 

19 (I) a description of the allocation of per20 sonnel and other resources of U.S. Customs and 

21 Border Protection and U.S. Immigration and 

22 Customs Enforcement to prevent and inves23 tigate evasion, including any assessments con24 ducted regarding the allocation of such per25 sonnel and resources; and 


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1 (J) a description of training conducted to 

2 increase expertise and effectiveness in the pre3 vention and investigation of evasion; and 

4 (2) a description of processes and procedures of 

5 U.S. Customs and Border Protection to prevent and 

6 investigate evasion, including— 

7 (A) the specific guidelines, policies, and 

8 practices used by U.S. Customs and Border 

9 Protection to ensure that allegations of evasion 

10 are promptly evaluated and acted upon in a 

11 timely manner; 

12 (B) an evaluation of the efficacy of those 

13 guidelines, policies, and practices; 

14 (C) an identification of any changes since 

15 the last report required by this section, if any, 

16 that have materially improved or reduced the 

17 effectiveness of U.S. Customs and Border Pro18 tection in preventing and investigating evasion; 

19 (D) a description of the development and 

20 implementation of policies for the application of 

21 single entry and continuous bonds for entries of 

22 covered merchandise to sufficiently protect the 

23 collection of antidumping and countervailing 

24 duties commensurate with the level of risk of 

25 not collecting those duties; 


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1 (E) a description of the processes and pro2 cedures for increased cooperation and informa3 tion sharing with the Department of Commerce, 

4 U.S. Immigration and Customs Enforcement, 

5 and any other relevant Federal agencies to pre6 vent and investigate evasion; and 

7 (F) an identification of any recommended 

8 policy changes for other Federal agencies or 

9 legislative changes to improve the effectiveness 

10 of U.S. Customs and Border Protection in pre11 venting and investigating evasion. 

12 (c) PUBLIC SUMMARY.—The Commissioner shall 

13 make available to the public a summary of the report re14 quired by subsection (a) that includes, at a minimum— 

15 (1) a description of the type of merchandise 

16 with respect to which investigations were initiated 

17 under subsection (b) of section 517 of the Tariff Act 

18 of 1930, as added by section 402 of this Act; 

19 (2) the amount of additional duties determined 

20 to be owed as a result of such investigations and the 

21 amount of such duties that were collected; 

22 (3) an identification of the countries of origin 

23 of covered merchandise determined under subsection 

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1 toms territory of the United States through evasion; 

2 and 

3 (4) a description of the types of measures used 

4 by U.S. Customs and Border Protection to prevent 

5 and investigate evasion. 

6 (d) DEFINITIONS.—In this section, the terms ‘‘cov7 ered merchandise’’ and ‘‘evasion’’ have the meanings given 

8 those terms in section 517(a) of the Tariff Act of 1930, 

9 as added by section 402 of this Act. 

10 TITLE V—ADDITIONAL TRADE 

11 ENFORCEMENT AND INTEL12 LECTUAL PROPERTY RIGHTS 

13 PROTECTION 

14 Subtitle A—Trade Enforcement 

15 SEC. 501. TRADE ENFORCEMENT PRIORITIES. 

16 (a) IN GENERAL.—Section 310 of the Trade Act of 

17 1974 (19 U.S.C. 2420) is amended to read as follows: 

18 ‘‘SEC. 310. TRADE ENFORCEMENT PRIORITIES. 

19 ‘‘(a) TRADE ENFORCEMENT PRIORITIES, CONSULTA20 TIONS, AND REPORT.— 

21 ‘‘(1) TRADE ENFORCEMENT PRIORITIES CON22 SULTATIONS.—Not later than May 31 of each cal23 endar year that begins after the date of the enact24 ment of the Trade Facilitation and Trade Enforce25 ment Act of 2015, the United States Trade RepVerDate Sep 11 2014 23:34 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\S1015.IS S1015

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1 resentative (in this section referred to as the ‘Trade 

2 Representative’) shall consult with the Committee on 

3 Finance of the Senate and the Committee on Ways 

4 and Means of the House of Representatives with re5 spect to the prioritization of acts, policies, or prac6 tices of foreign governments that raise concerns with 

7 respect to obligations under the WTO Agreements or 

8 any other trade agreement to which the United 

9 States is a party, or otherwise create or maintain 

10 barriers to United States goods, services, or invest11 ment. 

12 ‘‘(2) IDENTIFICATION OF TRADE ENFORCE13 MENT PRIORITIES.—In identifying acts, policies, or 

14 practices of foreign governments as trade enforce15 ment priorities under this subsection, the United 

16 States Trade Representative shall focus on those 

17 acts, policies, and practices the elimination of which 

18 is likely to have the most significant potential to in19 crease United States economic growth, and take into 

20 account all relevant factors, including— 

21 ‘‘(A) the economic significance of any po22 tential inconsistency between an obligation as23 sumed by a foreign government pursuant to a 

24 trade agreement to which both the foreign gov25 ernment and the United States are parties and 


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1 the acts, policies, or practices of that govern2 ment; 

3 ‘‘(B) the impact of the acts, policies, or 

4 practices of a foreign government on maintain5 ing and creating United States jobs and pro6 ductive capacity; 

7 ‘‘(C) the major barriers and trade dis8 torting practices described in the most recent 

9 National Trade Estimate required under section 

10 181(b); 

11 ‘‘(D) the major barriers and trade dis12 torting practices described in other relevant re13 ports addressing international trade and invest14 ment barriers prepared by a Federal agency or 

15 congressional commission during the 12 months 

16 preceding the date of the most recent report 

17 under paragraph (3); 

18 ‘‘(E) a foreign government’s compliance 

19 with its obligations under any trade agreements 

20 to which both the foreign government and the 

21 United States are parties; 

22 ‘‘(F) the implications of a foreign govern23 ment’s procurement plans and policies; and 


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1 ‘‘(G) the international competitive position 

2 and export potential of United States products 

3 and services. 

4 ‘‘(3) REPORT ON TRADE ENFORCEMENT PRIOR5 ITIES AND ACTIONS TAKEN TO ADDRESS.— 

6 ‘‘(A) IN GENERAL.—Not later than July 

7 31 of each calendar year that begins after the 

8 date of the enactment of the Trade Facilitation 

9 and Trade Enforcement Act of 2015, the Trade 

10 Representative shall report to the Committee on 

11 Finance of the Senate and the Committee on 

12 Ways and Means of the House of Representa13 tives on acts, policies, or practices of foreign 

14 governments identified as trade enforcement 

15 priorities based on the consultations under 

16 paragraph (1) and the criteria set forth in 

17 paragraph (2). 

18 ‘‘(B) REPORT IN SUBSEQUENT YEARS.— 

19 The Trade Representative shall include, when 

20 reporting under subparagraph (A) in any cal21 endar year after the calendar year that begins 

22 after the date of the enactment of the Trade 

23 Facilitation and Trade Enforcement Act of 

24 2015, a description of actions taken to address 

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1 ernments identified as trade enforcement prior2 ities under this subsection in the calendar year 

3 preceding that report and, as relevant, any year 

4 before that calendar year. 

5 ‘‘(b) SEMIANNUAL ENFORCEMENT CONSULTA6 TIONS.— 

7 ‘‘(1) IN GENERAL.—At the same time as the re8 porting under subsection (a)(3), and not later than 

9 January 31 of each following year, the Trade Rep10 resentative shall consult with the Committee on Fi11 nance of the Senate and the Committee on Ways 

12 and Means of the House of Representatives with re13 spect to the identification, prioritization, investiga14 tion, and resolution of acts, policies, or practices of 

15 foreign governments of concern with respect to obli16 gations under the WTO Agreements or any other 

17 trade agreement to which the United States is a 

18 party, or that otherwise create or maintain trade 

19 barriers. 

20 ‘‘(2) ACTS, POLICIES, OR PRACTICES OF CON21 CERN.—The semiannual enforcement consultations 

22 required by paragraph (1) shall address acts, poli23 cies, or practices of foreign governments that raise 

24 concerns with respect to obligations under the WTO 

25 Agreements or any other trade agreement to which 


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1 the United States is a party, or otherwise create or 

2 maintain trade barriers, including— 

3 ‘‘(A) engagement with relevant trading 

4 partners; 

5 ‘‘(B) strategies for addressing such con6 cerns; 

7 ‘‘(C) availability and deployment of re8 sources to be used in the investigation or reso9 lution of such concerns; 

10 ‘‘(D) the merits of any potential dispute 

11 resolution proceeding under the WTO Agree12 ments or any other trade agreement to which 

13 the United States is a party relating to such 

14 concerns; and 

15 ‘‘(E) any other aspects of such concerns. 

16 ‘‘(3) ACTIVE INVESTIGATIONS.—The semi17 annual enforcement consultations required by para18 graph (1) shall address acts, policies, or practices 

19 that the Trade Representative is actively inves20 tigating with respect to obligations under the WTO 

21 Agreements or any other trade agreement to which 

22 the United States is a party, including— 

23 ‘‘(A) strategies for addressing concerns 

24 raised by such acts, policies, or practices; 


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1 ‘‘(B) any relevant timeline with respect to 

2 investigation of such acts, policies, or practices; 

3 ‘‘(C) the merits of any potential dispute 

4 resolution proceeding under the WTO Agree5 ments or any other trade agreement to which 

6 the United States is a party with respect to 

7 such acts, policies, or practices; 

8 ‘‘(D) barriers to the advancement of the 

9 investigation of such acts, policies, or practices; 

10 and 

11 ‘‘(E) any other matters relating to the in12 vestigation of such acts, policies, or practices. 

13 ‘‘(4) ONGOING ENFORCEMENT ACTIONS.—The 

14 semiannual enforcement consultations required by 

15 paragraph (1) shall address all ongoing enforcement 

16 actions taken by or against the United States with 

17 respect to obligations under the WTO Agreements or 

18 any other trade agreement to which the United 

19 States is a party, including— 

20 ‘‘(A) any relevant timeline with respect to 

21 such actions; 

22 ‘‘(B) the merits of such actions; 

23 ‘‘(C) any prospective implementation ac24 tions; 


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1 ‘‘(D) potential implications for any law or 

2 regulation of the United States; 

3 ‘‘(E) potential implications for United 

4 States stakeholders, domestic competitors, and 

5 exporters; and 

6 ‘‘(F) other issues relating to such actions. 

7 ‘‘(5) ENFORCEMENT RESOURCES.—The semi8 annual enforcement consultations required by para9 graph (1) shall address the availability and deploy10 ment of enforcement resources, resource constraints 

11 on monitoring and enforcement activities, and strat12 egies to address those constraints, including the use 

13 of available resources of other Federal agencies to 

14 enhance monitoring and enforcement capabilities. 

15 ‘‘(c) INVESTIGATION AND RESOLUTION.—In the case 

16 of any acts, policies, or practices of a foreign government 

17 identified as a trade enforcement priority under subsection 

18 (a), the Trade Representative shall, not later than the date 

19 of the first semiannual enforcement consultations held 

20 under subsection (b) after the identification of the pri21 ority, take appropriate action to address that priority, in22 cluding— 

23 ‘‘(1) engagement with the foreign government 

24 to resolve concerns raised by such acts, policies, or 

25 practices; 


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1 ‘‘(2) initiation of an investigation under section 

2 302(b)(1) with respect to such acts, policies, or 

3 practices; 

4 ‘‘(3) initiation of negotiations for a bilateral 

5 agreement that provides for resolution of concerns 

6 raised by such acts, policies, or practices; or 

7 ‘‘(4) initiation of dispute settlement proceedings 

8 under the WTO Agreements or any other trade 

9 agreement to which the United States is a party 

10 with respect to such acts, policies, or practices. 

11 ‘‘(d) ENFORCEMENT NOTIFICATIONS AND CON12 SULTATION.— 

13 ‘‘(1) INITIATION OF ENFORCEMENT ACTION.— 

14 The Trade Representative shall notify and consult 

15 with the Committee on Finance of the Senate and 

16 the Committee on Ways and Means of the House of 

17 Representatives in advance of initiation of any for18 mal trade dispute by or against the United States 

19 taken in regard to an obligation under the WTO 

20 Agreements or any other trade agreement to which 

21 the United States is a party. With respect to a for22 mal trade dispute against the United States, if ad23 vance notification and consultation are not possible, 

24 the Trade Representative shall notify and consult at 


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1 the earliest practicable opportunity after initiation of 

2 the dispute. 

3 ‘‘(2) CIRCULATION OF REPORTS.—The Trade 

4 Representative shall notify and consult with the 

5 Committee on Finance of the Senate and the Com6 mittee on Ways and Means of the House of Rep7 resentatives in advance of the announced or antici8 pated circulation of any report of a dispute settle9 ment panel or the Appellate Body of the World 

10 Trade Organization or of a dispute settlement panel 

11 under any other trade agreement to which the 

12 United States is a party with respect to a formal 

13 trade dispute by or against the United States. 

14 ‘‘(e) DEFINITIONS.—In this section: 

15 ‘‘(1) WTO.—The term ‘WTO’ means the World 

16 Trade Organization. 

17 ‘‘(2) WTO AGREEMENT.—The term ‘WTO 

18 Agreement’ has the meaning given that term in sec19 tion 2(9) of the Uruguay Round Agreements Act (19 

20 U.S.C. 3501(9)). 

21 ‘‘(3) WTO AGREEMENTS.—The term ‘WTO 

22 Agreements’ means the WTO Agreement and agree23 ments annexed to that Agreement.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 for the Trade Act of 1974 is amended by striking the item 

3 relating to section 310 and inserting the following: 

‘‘Sec. 310. Trade enforcement priorities.’’. 

4 SEC. 502. EXERCISE OF WTO AUTHORIZATION TO SUSPEND 

5 CONCESSIONS OR OTHER OBLIGATIONS 

6 UNDER TRADE AGREEMENTS. 

7 (a) IN GENERAL.—Section 306 of the Trade Act of 

8 1974 (19 U.S.C. 2416) is amended— 

9 (1) by redesignating subsection (c) as sub10 section (d); and 

11 (2) by inserting after subsection (b) the fol12 lowing: 

13 ‘‘(c) EXERCISE OF WTO AUTHORIZATION TO SUS14 PEND CONCESSIONS OR OTHER OBLIGATIONS.—If— 

15 ‘‘(1) action has terminated pursuant to section 

16 307(c), 

17 ‘‘(2) the petitioner or any representative of the 

18 domestic industry that would benefit from reinstate19 ment of action has submitted to the Trade Rep20 resentative a written request for reinstatement of ac21 tion, and 

22 ‘‘(3) the Trade Representative has completed 

23 the requirements of subsection (d) and section 

24 307(c)(3), 


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1 the Trade Representative may at any time determine to 

2 take action under section 301(c) to exercise an authoriza3 tion to suspend concessions or other obligations under Ar4 ticle 22 of the Understanding on Rules and Procedures 

5 Governing the Settlement of Disputes (referred to in sec6 tion 101(d)(16) of the Uruguay Round Agreements Act 

7 (19 U.S.C. 3511(d)(16))).’’. 

8 (b) CONFORMING AMENDMENTS.—Chapter 1 of title 

9 III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) 

10 is amended— 

11 (1) in section 301(c)(1) (19 U.S.C. 2411(c)(1)), 

12 in the matter preceding subparagraph (A), by insert13 ing ‘‘or section 306(c)’’ after ‘‘subsection (a) or 

14 (b)’’; 

15 (2) in section 306(b) (19 U.S.C. 2416(b)), in 

16 the subsection heading, by striking ‘‘FURTHER AC17 TION’’ and inserting ‘‘ACTION ON THE BASIS OF

18 MONITORING’’; 

19 (3) in section 306(d) (19 U.S.C. 2416(d)), as 

20 redesignated by subsection (a)(1), by inserting ‘‘or 

21 (c)’’ after ‘‘subsection (b)’’; and 

22 (4) in section 307(c)(3) (19 U.S.C. 2417(c)(3)), 

23 by inserting ‘‘or if a request is submitted to the 

24 Trade Representative under 306(c)(2) to reinstate 

25 action,’’ after ‘‘under section 301,’’. 


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1 SEC. 503. TRADE MONITORING. 

2 (a) IN GENERAL.—Chapter 1 of title II of the Trade 

3 Act of 1974 (19 U.S.C. 2251 et seq.) is amended by add4 ing at the end the following: 

5 ‘‘SEC. 205. TRADE MONITORING. 

6 ‘‘(a) MONITORING TOOL FOR IMPORTS.— 

7 ‘‘(1) IN GENERAL.—Not later than 180 days 

8 after the date of the enactment of this section, the 

9 United States International Trade Commission shall 

10 make available on a website of the Commission an 

11 import monitoring tool to allow the public access to 

12 data on the volume and value of goods imported into 

13 the United States for the purpose of assessing 

14 whether such data has changed with respect to such 

15 goods over a period of time. 

16 ‘‘(2) DATA DESCRIBED.—For purposes of the 

17 monitoring tool under paragraph (1), the Commis18 sion shall use data compiled by the Department of 

19 Commerce and such other government data as the 

20 Commission considers appropriate. 

21 ‘‘(3) PERIODS OF TIME.—The Commission shall 

22 ensure that data accessed through the monitoring 

23 tool under paragraph (1) includes data for the most 

24 recent quarter for which such data are available and 

25 previous quarters as the Commission considers prac26 ticable. 


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1 ‘‘(b) MONITORING REPORTS.— 

2 ‘‘(1) IN GENERAL.—Not later than 270 days 

3 after the date of the enactment of this section, and 

4 not less frequently than quarterly thereafter, the 

5 Secretary of Commerce shall publish on a website of 

6 the Department of Commerce, and notify the Com7 mittee on Finance of the Senate and the Committee 

8 on Ways and Means of the House of Representatives 

9 of the availability of, a monitoring report on changes 

10 in the volume and value of trade with respect to im11 ports and exports of goods categorized based on the 

12 6-digit subheading number of the goods under the 

13 Harmonized Tariff Schedule of the United States 

14 during the most recent quarter for which such data 

15 are available and previous quarters as the Secretary 

16 considers practicable. 

17 ‘‘(2) REQUESTS FOR COMMENT.—Not later 

18 than one year after the date of the enactment of this 

19 section, the Secretary of Commerce shall solicit 

20 through the Federal Register public comment on the 

21 monitoring reports described in paragraph (1). 

22 ‘‘(c) SUNSET.—The requirements under this section 

23 terminate on the date that is 7 years after the date of 

24 the enactment of this section.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 for the Trade Act of 1974 (19 U.S.C. 2101 et seq.) is 

3 amended by inserting after the item relating to section 

4 204 the following: 

‘‘Sec. 205. Trade monitoring.’’. 

5 SEC. 504. HONEY TRANSSHIPMENT. 

6 (a) IN GENERAL.—The Commissioner shall direct ap7 propriate personnel and resources of U.S. Customs and 

8 Border Protection to address concerns that honey is being 

9 imported into the United States in violation of the customs 

10 and trade laws of the United States. 

11 (b) COUNTRY OF ORIGIN.— 

12 (1) IN GENERAL.—The Commissioner shall 

13 compile a database of the individual characteristics 

14 of honey produced in foreign countries to facilitate 

15 the verification of country of origin markings of im16 ported honey. 

17 (2) ENGAGEMENT WITH FOREIGN GOVERN18 MENTS.—The Commissioner shall seek to engage the 

19 customs agencies of foreign governments for assist20 ance in compiling the database described in para21 graph (1). 

22 (3) CONSULTATION WITH INDUSTRY.—In com23 piling the database described in paragraph (1), the 

24 Commissioner shall consult with entities in the 


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1 honey industry regarding the development of indus2 try standards for honey identification. 

3 (4) CONSULTATION WITH FOOD AND DRUG AD4 MINISTRATION.—In compiling the database de5 scribed in paragraph (1), the Commissioner shall 

6 consult with the Commissioner of Food and Drugs. 

7 (c) REPORT REQUIRED.—Not later than 180 days 

8 after the date of the enactment of this Act, the Commis9 sioner shall submit to Congress a report that— 

10 (1) describes and assesses the limitations in the 

11 existing analysis capabilities of laboratories with re12 spect to determining the country of origin of honey 

13 samples or the percentage of honey contained in a 

14 sample; and 

15 (2) includes any recommendations of the Com16 missioner for improving such capabilities. 

17 (d) SENSE OF CONGRESS.—It is the sense of Con18 gress that the Commissioner of Food and Drugs should 

19 promptly establish a national standard of identity for 

20 honey for the Commissioner responsible for U.S. Customs 

21 and Border Protection to use to ensure that imports of 

22 honey are— 

23 (1) classified accurately for purposes of assess24 ing duties; and 


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1 (2) denied entry into the United States if such 

2 imports pose a threat to the health or safety of con3 sumers in the United States. 

4 SEC. 505. ILLICITLY IMPORTED, EXPORTED, OR TRAF5 FICKED CULTURAL PROPERTY, ARCHAE6 OLOGICAL OR ETHNOLOGICAL MATERIALS, 

7 AND FISH, WILDLIFE, AND PLANTS. 

8 (a) IN GENERAL.—The Commissioner and the Direc9 tor of U.S. Immigration and Customs Enforcement shall 

10 ensure that appropriate personnel of U.S. Customs and 

11 Border Protection and U.S. Immigration and Customs 

12 Enforcement, as the case may be, are trained in the detec13 tion, identification, detention, seizure, and forfeiture of 

14 cultural property, archaeological or ethnological materials, 

15 and fish, wildlife, and plants, the importation, exportation, 

16 or trafficking of which violates the laws of the United 

17 States. 

18 (b) TRAINING.—The Commissioner and the Director 

19 are authorized to accept training and other support serv20 ices from experts outside of the Federal Government with 

21 respect to the detection, identification, detention, seizure, 

22 and forfeiture of cultural property, archaeological or eth23 nological materials, or fish, wildlife, and plants described 

24 in subsection (a). 


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1 Subtitle B—Intellectual Property 

2 Rights Protection 

3 SEC. 511. ESTABLISHMENT OF CHIEF INNOVATION AND IN4 TELLECTUAL PROPERTY NEGOTIATOR. 

5 (a) IN GENERAL.—Section 141 of the Trade Act of 

6 1974 (19 U.S.C. 2171) is amended— 

7 (1) in subsection (b), by striking paragraph (2) 

8 and inserting the following: 

9 ‘‘(2) There shall be in the Office three Deputy United 

10 States Trade Representatives, one Chief Agricultural Ne11 gotiator, and one Chief Innovation and Intellectual Prop12 erty Negotiator, who shall be appointed by the President, 

13 by and with the advice and consent of the Senate. As an 

14 exercise of the rulemaking power of the Senate, any nomi15 nation of a Deputy United States Trade Representative, 

16 the Chief Agricultural Negotiator, or the Chief Innovation 

17 and Intellectual Property Negotiator submitted to the 

18 Senate for its advice and consent, and referred to a com19 mittee, shall be referred to the Committee on Finance. 

20 Each Deputy United States Trade Representative, the 

21 Chief Agricultural Negotiator, and the Chief Innovation 

22 and Intellectual Property Negotiator shall hold office at 

23 the pleasure of the President and shall have the rank of 

24 Ambassador.’’; and 

25 (2) in subsection (c)— 


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1 (A) by moving paragraph (5) two ems to 

2 the left; and 

3 (B) by adding at the end the following: 

4 ‘‘(6) The principal functions of the Chief Innovation 

5 and Intellectual Property Negotiator shall be to conduct 

6 trade negotiations and to enforce trade agreements relat7 ing to United States intellectual property and to take ap8 propriate actions to address acts, policies, and practices 

9 of foreign governments that have a significant adverse im10 pact on the value of United States innovation. The Chief 

11 Innovation and Intellectual Property Negotiator shall be 

12 a vigorous advocate on behalf of United States innovation 

13 and intellectual property interests. The Chief Innovation 

14 and Intellectual Property Negotiator shall perform such 

15 other functions as the United States Trade Representative 

16 may direct.’’. 

17 (b) COMPENSATION.—Section 5314 of title 5, United 

18 States Code, is amended by striking ‘‘Chief Agricultural 

19 Negotiator.’’ and inserting the following: 

20 ‘‘Chief Agricultural Negotiator, Office of the United 

21 States Trade Representative. 

22 ‘‘Chief Innovation and Intellectual Property Nego23 tiator, Office of the United States Trade Representative.’’. 

24 (c) REPORT REQUIRED.—Not later than one year 

25 after the appointment of the first Chief Innovation and 


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1 Intellectual Property Negotiator pursuant to paragraph 

2 (2) of section 141(b) of the Trade Act of 1974, as amend3 ed by subsection (a), and annually thereafter, the United 

4 States Trade Representative shall submit to the Com5 mittee on Finance of the Senate and the Committee on 

6 Ways and Means of the House of Representatives a report 

7 describing in detail— 

8 (1) enforcement actions taken by the Trade 

9 Representative during the year preceding the sub10 mission of the report to ensure the protection of 

11 United States innovation and intellectual property 

12 interests; and 

13 (2) other actions taken by the Trade Represent14 ative to advance United States innovation and intel15 lectual property interests. 

16 SEC. 512. MEASURES RELATING TO COUNTRIES THAT DENY 

17 ADEQUATE PROTECTION FOR INTELLECTUAL 

18 PROPERTY RIGHTS. 

19 (a) INCLUSION OF COUNTRIES THAT DENY ADE20 QUATE PROTECTION OF TRADE SECRETS.—Section 

21 182(d)(2) of the Trade Act of 1974 (19 U.S.C. 

22 2242(d)(2)) is amended by inserting ‘‘, trade secrets,’’ 

23 after ‘‘copyrights’’. 


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1 (b) SPECIAL RULES FOR COUNTRIES ON THE PRI2 ORITY WATCH LIST OF THE UNITED STATES TRADE

3 REPRESENTATIVE.— 

4 (1) IN GENERAL.—Section 182 of the Trade 

5 Act of 1974 (19 U.S.C. 2242) is amended by strik6 ing subsection (g) and inserting the following: 

7 ‘‘(g) SPECIAL RULES FOR FOREIGN COUNTRIES ON

8 THE PRIORITY WATCH LIST.— 

9 ‘‘(1) ACTION PLANS.— 

10 ‘‘(A) IN GENERAL.—Not later than 90 

11 days after the date on which the Trade Rep12 resentative submits the National Trade Esti13 mate under section 181(b), the Trade Rep14 resentative shall develop an action plan de15 scribed in subparagraph (C) with respect to 

16 each foreign country described in subparagraph 

17 (B). 

18 ‘‘(B) FOREIGN COUNTRY DESCRIBED.— 

19 The Trade Representative shall develop an ac20 tion plan pursuant to subparagraph (A) with 

21 respect to each foreign country that— 

22 ‘‘(i) the Trade Representative has 

23 identified for placement on the priority 

24 watch list; and 


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1 ‘‘(ii) has remained on such list for at 

2 least 1 year. 

3 ‘‘(C) ACTION PLAN DESCRIBED.—An ac4 tion plan developed pursuant to subparagraph 

5 (A) shall contain the benchmarks described in 

6 subparagraph (D) and be designed to assist the 

7 foreign country— 

8 ‘‘(i) to achieve— 

9 ‘‘(I) adequate and effective pro10 tection of intellectual property rights; 

11 and 

12 ‘‘(II) fair and equitable market 

13 access for United States persons that 

14 rely upon intellectual property protec15 tion; or 

16 ‘‘(ii) to make significant progress to17 ward achieving the goals described in 

18 clause (i). 

19 ‘‘(D) BENCHMARKS DESCRIBED.—The 

20 benchmarks contained in an action plan devel21 oped pursuant to subparagraph (A) are such 

22 legislative, institutional, enforcement, or other 

23 actions as the Trade Representative determines 

24 to be necessary for the foreign country to 


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1 achieve the goals described in clause (i) or (ii) 

2 of subparagraph (C). 

3 ‘‘(2) FAILURE TO MEET ACTION PLAN BENCH4 MARKS.—If, 1 year after the date on which an ac5 tion plan is developed under paragraph (1)(A), the 

6 President, in consultation with the Trade Represent7 ative, determines that the foreign country to which 

8 the action plan applies has not substantially com9 plied with the benchmarks described in paragraph 

10 (1)(D), the President may take appropriate action 

11 with respect to the foreign country. 

12 ‘‘(3) PRIORITY WATCH LIST DEFINED.—In this 

13 subsection, the term ‘priority watch list’ means the 

14 priority watch list established by the Trade Rep15 resentative. 

16 ‘‘(h) ANNUAL REPORT.—Not later than 30 days after 

17 the date on which the Trade Representative submits the 

18 National Trade Estimate under section 181(b), the Trade 

19 Representative shall transmit to the Committee on Ways 

20 and Means of the House of Representatives and the Com21 mittee on Finance of the Senate a report on actions taken 

22 under this section during the 12 months preceding such 

23 report, and the reasons for such actions, including— 

24 ‘‘(1) any foreign countries identified under sub25 section (a); 


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1 ‘‘(2) a description of progress made in achiev2 ing improved intellectual property protection and 

3 market access for persons relying on intellectual 

4 property rights; and 

5 ‘‘(3) a description of the action plans developed 

6 under subsection (g) and any actions taken by for7 eign countries under such plans.’’. 

8 (2) AUTHORIZATION OF APPROPRIATIONS.— 

9 (A) IN GENERAL.—There are authorized to 

10 be appropriated to the Office of the United 

11 States Trade Representative such sums as may 

12 be necessary to provide assistance to any devel13 oping country to which an action plan applies 

14 under section 182(g) of the Trade Act of 1974, 

15 as amended by paragraph (1), to facilitate the 

16 efforts of the developing country to comply with 

17 the benchmarks contained in the action plan. 

18 Such assistance may include capacity building, 

19 activities designed to increase awareness of in20 tellectual property rights, and training for offi21 cials responsible for enforcing intellectual prop22 erty rights in the developing country. 

23 (B) DEVELOPING COUNTRY DEFINED.—In 

24 this paragraph, the term ‘‘developing country’’ 

25 means a country classified by the World Bank 


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1 as having a low-income or lower-middle-income 

2 economy. 

3 (3) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection shall be construed as limiting the author5 ity of the President or the United States Trade Rep6 resentative to develop action plans other than action 

7 plans described in section 182(g) of the Trade Act 

8 of 1974, as amended by paragraph (1), or to take 

9 any action otherwise authorized by law in response 

10 to the failure of a foreign country to provide ade11 quate and effective protection and enforcement of in12 tellectual property rights. 

13 TITLE VI—MISCELLANEOUS 

14 PROVISIONS 

15 SEC. 601. DE MINIMIS VALUE. 

16 (a) DE MINIMIS VALUE.—Section 321(a)(2)(C) of 

17 the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(C)) is 

18 amended by striking ‘‘$200’’ and inserting ‘‘$800’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall apply with respect to articles entered, 

21 or withdrawn from warehouse for consumption, on or after 

22 the 15th day after the date of the enactment of this Act. 


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1 SEC. 602. CONSULTATION ON TRADE AND CUSTOMS REV2 ENUE FUNCTIONS. 

3 Section 401(c) of the Safety and Accountability for 

4 Every Port Act (6 U.S.C. 115(c)) is amended— 

5 (1) in paragraph (1), by striking ‘‘on Depart6 ment policies and actions that have’’ and inserting 

7 ‘‘not later than 30 days after proposing, and not 

8 later than 30 days before finalizing, any Department 

9 policies, initiatives, or actions that will have’’; and 

10 (2) in paragraph (2)(A), by striking ‘‘not later 

11 than 30 days prior to the finalization of’’ and insert12 ing ‘‘not later than 60 days before proposing, and 

13 not later than 60 days before finalizing,’’. 

14 SEC. 603. PENALTIES FOR CUSTOMS BROKERS. 

15 (a) IN GENERAL.—Section 641(d)(1) of the Tariff 

16 Act of 1930 (19 U.S.C. 1641(d)(1)) is amended— 

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

18 inserting a semicolon; 

19 (2) in subparagraph (F), by striking the period 

20 and inserting ‘‘; or’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(G) has been convicted of committing or 

23 conspiring to commit an act of terrorism de24 scribed in section 2332b of title 18, United 

25 States Code.’’. 


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1 (b) TECHNICAL AMENDMENTS.—Section 641 of the 

2 Tariff Act of 1930 (19 U.S.C. 1641) is amended— 

3 (1) by striking ‘‘the Customs Service’’ each 

4 place it appears and inserting ‘‘U.S. Customs and 

5 Border Protection’’; 

6 (2) in subsection (d)(2)(B), by striking ‘‘The 

7 Customs Service’’ and inserting ‘‘U.S. Customs and 

8 Border Protection’’; and 

9 (3) in subsection (g)(2)(B), by striking ‘‘Sec10 retary’s notice’’ and inserting ‘‘notice under sub11 paragraph (A)’’. 

12 SEC. 604. AMENDMENTS TO CHAPTER 98 OF THE HAR13 MONIZED TARIFF SCHEDULE OF THE UNITED 

14 STATES. 

15 (a) ARTICLES EXPORTED AND RETURNED, AD16 VANCED OR IMPROVED ABROAD.— 

17 (1) IN GENERAL.—U.S. Note 3 to subchapter 

18 II of chapter 98 of the Harmonized Tariff Schedule 

19 of the United States is amended by adding at the 

20 end the following: 

21 ‘‘(f)(1) For purposes of subheadings 9802.00.40 and 

22 9802.00.50, fungible articles exported from the United 

23 States for the purposes described in such subheadings— 

24 ‘‘(A) may be commingled; and 


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1 ‘‘(B) the origin, value, and classification of such 

2 articles may be accounted for using an inventory 

3 management method. 

4 ‘‘(2) If a person chooses to use an inventory manage5 ment method under this paragraph with respect to fun6 gible articles, the person shall use the same inventory 

7 management method for any other articles with respect 

8 to which the person claims fungibility under this para9 graph. 

10 ‘‘(3) For the purposes of this paragraph— 

11 ‘‘(A) the term ‘fungible articles’ means mer12 chandise or articles that, for commercial purposes, 

13 are identical or interchangeable in all situations; and 

14 ‘‘(B) the term ‘inventory management method’ 

15 means any method for managing inventory that is 

16 based on generally accepted accounting principles.’’. 

17 (2) EFFECTIVE DATE.—The amendment made 

18 by this subsection applies to articles classifiable 

19 under subheading 9802.00.40 or 9802.00.50 of the 

20 Harmonized Tariff Schedule of the United States 

21 that are entered, or withdrawn from warehouse for 

22 consumption, on or after the date that is 60 days 

23 after the date of the enactment of this Act. 

24 (b) MODIFICATION OF PROVISIONS RELATING TO

25 RETURNED PROPERTY.— 


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1 (1) IN GENERAL.—The article description for 

2 heading 9801.00.10 of the Harmonized Tariff 

3 Schedule of the United States is amended by insert4 ing after ‘‘exported’’ the following: ‘‘, or any other 

5 products when returned within 3 years after having 

6 been exported’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) applies to articles entered, or with9 drawn from warehouse for consumption, on or after 

10 the date that is 60 days after the date of the enact11 ment of this Act. 

12 (c) DUTY-FREE TREATMENT FOR CERTAIN UNITED

13 STATES GOVERNMENT PROPERTY RETURNED TO THE

14 UNITED STATES.— 

15 (1) IN GENERAL.—Subchapter I of chapter 98 

16 of the Harmonized Tariff Schedule of the United 

17 States is amended by inserting in numerical se18 quence 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 ’’. 

19 (2) EFFECTIVE DATE.—The amendment made 

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1 drawn from warehouse for consumption, on or after 

2 the date that is 60 days after the date of the enact3 ment of this Act. 

4 SEC. 605. EXEMPTION FROM DUTY OF RESIDUE OF BULK 

5 CARGO CONTAINED IN INSTRUMENTS OF 

6 INTERNATIONAL TRAFFIC PREVIOUSLY EX7 PORTED FROM THE UNITED STATES. 

8 (a) IN GENERAL.—General Note 3(e) of the Har9 monized Tariff Schedule of the United States is amend10 ed— 

11 (1) in subparagraph (v), by striking ‘‘and’’ at 

12 the end; 

13 (2) in subparagraph (vi), by adding ‘‘and’’ at 

14 the end; 

15 (3) by inserting after subparagraph (vi) (as so 

16 amended) the following new subparagraph: 

17 ‘‘(vii) residue of bulk cargo contained in 

18 instruments of international traffic previously 

19 exported from the United States,’’; and 

20 (4) by adding at the end of the flush text fol21 lowing subparagraph (vii) (as so added) the fol22 lowing: ‘‘For purposes of subparagraph (vii) of this 

23 paragraph: The term ‘residue’ means material of 

24 bulk cargo that remains in an instrument of inter25 national traffic after the bulk cargo is removed, with 


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1 a quantity, by weight or volume, not exceeding 7 

2 percent of the bulk cargo, and with no or de minimis 

3 value. The term ‘bulk cargo’ means cargo that is 

4 unpackaged and is in either solid, liquid, or gaseous 

5 form. The term ‘instruments of international traffic’ 

6 means containers or holders, capable of and suitable 

7 for repeated use, such as lift vans, cargo vans, ship8 ping tanks, skids, pallets, caul boards, and cores for 

9 textile fabrics, arriving (whether loaded or empty) in 

10 use or to be used in the shipment of merchandise in 

11 international traffic, and any additional articles or 

12 classes of articles that the Commissioner responsible 

13 for U.S. Customs and Border Protection designates 

14 as instruments of international traffic.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) take effect on the date of the enactment 

17 of this Act and apply with respect to residue of bulk cargo 

18 contained in instruments of international traffic that are 

19 imported into the customs territory of the United States 

20 on or after such date of enactment and that previously 

21 have been exported from the United States. 

22 SEC. 606. DRAWBACK AND REFUNDS. 

23 (a) ARTICLES MADE FROM IMPORTED MERCHAN24 DISE.—Section 313(a) of the Tariff Act of 1930 (19 

25 U.S.C. 1313(a)) is amended by striking ‘‘the full amount 


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1 of the duties paid upon the merchandise so used shall be 

2 refunded as drawback, less 1 per centum of such duties, 

3 except that such’’ and inserting ‘‘an amount calculated 

4 pursuant to regulations prescribed by the Secretary of the 

5 Treasury under subsection (l) shall be refunded as draw6 back, except that’’. 

7 (b) SUBSTITUTION FOR DRAWBACK PURPOSES.— 

8 Section 313(b) of the Tariff Act of 1930 (19 U.S.C. 

9 1313(b)) is amended— 

10 (1) by striking ‘‘If imported’’ and inserting the 

11 following: 

12 ‘‘(1) IN GENERAL.—If imported’’; 

13 (2) by striking ‘‘and any other merchandise 

14 (whether imported or domestic) of the same kind 

15 and quality are’’ and inserting ‘‘or merchandise clas16 sifiable under the same 8-digit HTS subheading 

17 number as such imported merchandise is’’; 

18 (3) by striking ‘‘three years’’ and inserting ‘‘5 

19 years’’; 

20 (4) by striking ‘‘the receipt of such imported 

21 merchandise by the manufacturer or producer of 

22 such articles’’ and inserting ‘‘the date of importation 

23 of such imported merchandise’’; 


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1 (5) by inserting ‘‘or articles classifiable under 

2 the same 8-digit HTS subheading number as such 

3 articles,’’ after ‘‘any such articles,’’; 

4 (6) by striking ‘‘an amount of drawback equal 

5 to’’ and all that follows through the end period and 

6 inserting ‘‘an amount calculated pursuant to regula7 tions prescribed by the Secretary of the Treasury 

8 under subsection (l), but only if those articles have 

9 not been used prior to such exportation or destruc10 tion.’’; and 

11 (7) by adding at the end the following: 

12 ‘‘(2) REQUIREMENTS RELATING TO TRANSFER

13 OF MERCHANDISE.— 

14 ‘‘(A) MANUFACTURERS AND PRO15 DUCERS.—Drawback shall be allowed under 

16 paragraph (1) with respect to an article manu17 factured or produced using imported merchan18 dise or other merchandise classifiable under the 

19 same 8-digit HTS subheading number as such 

20 imported merchandise only if the manufacturer 

21 or producer of the article received such im22 ported merchandise or such other merchandise, 

23 directly or indirectly, from the importer. 

24 ‘‘(B) EXPORTERS AND DESTROYERS.— 

25 Drawback shall be allowed under paragraph (1) 


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1 with respect to a manufactured or produced ar2 ticle that is exported or destroyed only if the 

3 exporter or destroyer received that article or an 

4 article classifiable under the same 8-digit HTS 

5 subheading number as that article, directly or 

6 indirectly, from the manufacturer or producer. 

7 ‘‘(C) EVIDENCE OF TRANSFER.—Transfers 

8 of merchandise under subparagraph (A) and 

9 transfers of articles under subparagraph (B) 

10 may be evidenced by business records kept in 

11 the normal course of business and no additional 

12 certificates of transfer or manufacture shall be 

13 required. 

14 ‘‘(3) SUBMISSION OF BILL OF MATERIALS OR

15 FORMULA.— 

16 ‘‘(A) IN GENERAL.—Drawback shall be al17 lowed under paragraph (1) with respect to an 

18 article manufactured or produced using im19 ported merchandise or other merchandise classi20 fiable under the same 8-digit HTS subheading 

21 number as such imported merchandise only if 

22 the person making the drawback claim submits 

23 with the claim a bill of materials or formula 

24 identifying the merchandise and article by the 


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1 8-digit HTS subheading number and the quan2 tity of the merchandise. 

3 ‘‘(B) BILL OF MATERIALS AND FORMULA

4 DEFINED.—In this paragraph, the terms ‘bill of 

5 materials’ and ‘formula’ mean records kept in 

6 the normal course of business that identify each 

7 component incorporated into a manufactured or 

8 produced article or that identify the quantity of 

9 each element, material, chemical, mixture, or 

10 other substance incorporated into a manufac11 tured article. 

12 ‘‘(4) SPECIAL RULE FOR SOUGHT CHEMICAL

13 ELEMENTS.— 

14 ‘‘(A) IN GENERAL.—For purposes of para15 graph (1), a sought chemical element may be— 

16 ‘‘(i) considered imported merchandise, 

17 or merchandise classifiable under the same 

18 8-digit HTS subheading number as such 

19 imported merchandise, used in the manu20 facture or production of an article as de21 scribed in paragraph (1); and 

22 ‘‘(ii) substituted for source material 

23 containing that sought chemical element, 

24 without regard to whether the sought 

25 chemical element and the source material 


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1 are classifiable under the same 8-digit 

2 HTS subheading number, and apportioned 

3 quantitatively, as appropriate. 

4 ‘‘(B) SOUGHT CHEMICAL ELEMENT DE5 FINED.—In this paragraph, the term ‘sought 

6 chemical element’ means an element listed in 

7 the Periodic Table of Elements that is imported 

8 into the United States or a chemical compound 

9 consisting of those elements, either separately 

10 in elemental form or contained in source mate11 rial.’’. 

12 (c) MERCHANDISE NOT CONFORMING TO SAMPLE OR

13 SPECIFICATIONS.—Section 313(c) of the Tariff Act of 

14 1930 (19 U.S.C. 1313(c)) is amended— 

15 (1) in paragraph (1)— 

16 (A) in subparagraph (C)(ii), by striking 

17 ‘‘under a certificate of delivery’’ each place it 

18 appears; 

19 (B) in subparagraph (D)— 

20 (i) by striking ‘‘3’’ and inserting ‘‘5’’; 

21 and 

22 (ii) by striking ‘‘the Customs Service’’ 

23 and inserting ‘‘U.S. Customs and Border 

24 Protection’’; and 


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1 (C) in the flush text at the end, by striking 

2 ‘‘the full amount of the duties paid upon such 

3 merchandise, less 1 percent,’’ and inserting ‘‘an 

4 amount calculated pursuant to regulations pre5 scribed by the Secretary of the Treasury under 

6 subsection (l)’’; 

7 (2) in paragraph (2), by striking ‘‘the Customs 

8 Service’’ and inserting ‘‘U.S. Customs and Border 

9 Protection’’; and 

10 (3) by amending paragraph (3) to read as fol11 lows: 

12 ‘‘(3) EVIDENCE OF TRANSFERS.—Transfers of 

13 merchandise under paragraph (1) may be evidenced 

14 by business records kept in the normal course of 

15 business and no additional certificates of transfer 

16 shall be required.’’. 

17 (d) PROOF OF EXPORTATION.—Section 313(i) of the 

18 Tariff Act of 1930 (19 U.S.C. 1313(i)) is amended to read 

19 as follows: 

20 ‘‘(i) PROOF OF EXPORTATION.—A person claiming 

21 drawback under this section based on the exportation of 

22 an article shall provide proof of the exportation of the arti23 cle. Such proof of exportation— 

24 ‘‘(1) shall establish fully the date and fact of 

25 exportation and the identity of the exporter; and 


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1 ‘‘(2) may be established through the use of 

2 records kept in the normal course of business or 

3 through an electronic export system of the United 

4 States Government, as determined by the Commis5 sioner responsible for U.S. Customs and Border 

6 Protection.’’. 

7 (e) UNUSED MERCHANDISE DRAWBACK.—Section 

8 313(j) of the Tariff Act of 1930 (19 U.S.C. 1313(j)) is 

9 amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (A), in the matter 

12 preceding clause (i)— 

13 (i) by striking ‘‘3-year’’ and inserting 

14 ‘‘5-year’’; and 

15 (ii) by inserting ‘‘and before the draw16 back claim is filed’’ after ‘‘the date of im17 portation’’; and 

18 (B) in the flush text at the end, by striking 

19 ‘‘99 percent of the amount of each duty, tax, or 

20 fee so paid’’ and inserting ‘‘an amount cal21 culated pursuant to regulations prescribed by 

22 the Secretary of the Treasury under subsection 

23 (l)’’; 

24 (2) in paragraph (2)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘paragraph (4)’’ and inserting 

3 ‘‘paragraphs (4), (5), and (6)’’; 

4 (B) in subparagraph (A), by striking 

5 ‘‘commercially interchangeable with’’ and in6 serting ‘‘classifiable under the same 8-digit 

7 HTS subheading number as’’; 

8 (C) in subparagraph (B)— 

9 (i) by striking ‘‘3-year’’ and inserting 

10 ‘‘5-year’’; and 

11 (ii) by inserting ‘‘and before the draw12 back claim is filed’’ after ‘‘the imported 

13 merchandise’’; 

14 (D) in subparagraph (C)(ii), by striking 

15 subclause (II) and inserting the following: 

16 ‘‘(II) received the imported mer17 chandise, other merchandise classifi18 able under the same 8-digit HTS sub19 heading number as such imported 

20 merchandise, or any combination of 

21 such imported merchandise and such 

22 other merchandise, directly or indi23 rectly from the person who imported 

24 and paid any duties, taxes, and fees 

25 imposed under Federal law upon imVerDate Sep 11 2014 23:34 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\S1015.IS S1015

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1 portation or entry and due on the im2 ported merchandise (and any such 

3 transferred merchandise, regardless of 

4 its origin, will be treated as the im5 ported merchandise and any retained 

6 merchandise will be treated as domes7 tic merchandise);’’; and 

8 (E) in the flush text at the end— 

9 (i) by striking ‘‘the amount of each 

10 such duty, tax, and fee’’ and all that fol11 lows through ‘‘99 percent of that duty, tax, 

12 or fee’’ and inserting ‘‘an amount cal13 culated pursuant to regulations prescribed 

14 by the Secretary of the Treasury under 

15 subsection (l) shall be refunded as draw16 back’’; and 

17 (ii) by striking the last sentence and 

18 inserting the following: ‘‘Notwithstanding 

19 subparagraph (A), drawback shall be al20 lowed under this paragraph with respect to 

21 wine if the imported wine and the exported 

22 wine are of the same color and the price 

23 variation between the imported wine and 

24 the exported wine does not exceed 50 per25 cent. Transfers of merchandise may be eviVerDate Sep 11 2014 23:34 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S1015.IS S1015

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1 denced by business records kept in the nor2 mal course of business and no additional 

3 certificates of transfer shall be required.’’; 

4 (3) in paragraph (3)(B), by striking ‘‘the com5 mercially interchangeable merchandise’’ and insert6 ing ‘‘merchandise classifiable under the same 8-digit 

7 HTS subheading number as such imported merchan8 dise’’; and 

9 (4) by adding at the end the following: 

10 ‘‘(5)(A) For purposes of paragraph (2) and ex11 cept as provided in subparagraph (B), merchandise 

12 may not be substituted for imported merchandise for 

13 drawback purposes based on the 8-digit HTS sub14 heading number if the article description for the 8- 

15 digit HTS subheading number under which the im16 ported merchandise is classified begins with the term 

17 ‘other’. 

18 ‘‘(B) In cases described in subparagraph (A), 

19 merchandise may be substituted for imported mer20 chandise for drawback purposes if— 

21 ‘‘(i) the other merchandise and such im22 ported merchandise are classifiable under the 

23 same 10-digit HTS statistical reporting num24 ber; and 


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1 ‘‘(ii) the article description for that 10- 

2 digit HTS statistical reporting number does not 

3 begin with the term ‘other’. 

4 ‘‘(6)(A) For purposes of paragraph (2), a draw5 back claimant may use the first 8 digits of the 10- 

6 digit Schedule B number for merchandise or an arti7 cle to determine if the merchandise or article is clas8 sifiable under the same 8-digit HTS subheading 

9 number as the imported merchandise, without re10 gard to whether the Schedule B number corresponds 

11 to more than one 8-digit HTS subheading number. 

12 ‘‘(B) In this paragraph, the term ‘Schedule B’ 

13 means the Department of Commerce Schedule B, 

14 Statistical Classification of Domestic and Foreign 

15 Commodities Exported from the United States.’’. 

16 (f) LIABILITY FOR DRAWBACK CLAIMS.—Section 

17 313(k) of the Tariff Act of 1930 (19 U.S.C. 1313(k)) is 

18 amended to read as follows: 

19 ‘‘(k) LIABILITY FOR DRAWBACK CLAIMS.— 

20 ‘‘(1) IN GENERAL.—Any person making a claim 

21 for drawback under this section shall be liable for 

22 the full amount of the drawback claimed. 

23 ‘‘(2) LIABILITY OF IMPORTERS.—An importer 

24 shall be liable for any drawback claim made by an25 other person with respect to merchandise imported 


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1 by the importer in an amount equal to the lesser 

2 of— 

3 ‘‘(A) the amount of duties, taxes, and fees 

4 that the person claimed with respect to the im5 ported merchandise; or 

6 ‘‘(B) the amount of duties, taxes, and fees 

7 that the importer authorized the other person 

8 to claim with respect to the imported merchan9 dise. 

10 ‘‘(3) JOINT AND SEVERAL LIABILITY.—Persons 

11 described in paragraphs (1) and (2) shall be jointly 

12 and severally liable for the amount described in 

13 paragraph (2).’’. 

14 (g) REGULATIONS.—Section 313(l) of the Tariff Act 

15 of 1930 (19 U.S.C. 1313(l)) is amended to read as follows: 

16 ‘‘(l) REGULATIONS.— 

17 ‘‘(1) IN GENERAL.—Allowance of the privileges 

18 provided for in this section shall be subject to com19 pliance with such rules and regulations as the Sec20 retary of the Treasury shall prescribe. 

21 ‘‘(2) CALCULATION OF DRAWBACK.— 

22 ‘‘(A) IN GENERAL.—Not later than the 

23 date that is 2 years after the date of the enact24 ment of the Trade Facilitation and Trade En25 forcement Act of 2015 (or, if later, the effective 


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1 date provided for in section 606(q)(2)(B) of 

2 that Act), the Secretary shall prescribe regula3 tions for determining the calculation of 

4 amounts refunded as drawback under this sec5 tion. 

6 ‘‘(B) REQUIREMENTS.—The regulations 

7 required by subparagraph (A) for determining 

8 the calculation of amounts refunded as draw9 back under this section shall provide for a re10 fund of up to 99 percent of the duties, taxes, 

11 and fees paid with respect to the imported mer12 chandise, except that where there is substi13 tution of the merchandise or article, then— 

14 ‘‘(i) in the case of an article that is 

15 exported, the amount of the refund shall 

16 be equal to 99 percent of the lesser of— 

17 ‘‘(I) the amount of duties, taxes, 

18 and fees paid with respect to the im19 ported merchandise; or 

20 ‘‘(II) the amount of duties, taxes, 

21 and fees that would apply to the ex22 ported article if the exported article 

23 were imported; and 


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1 ‘‘(ii) in the case of an article that is 

2 destroyed, the amount of the refund shall 

3 be an amount that is— 

4 ‘‘(I) equal to 99 percent of the 

5 lesser of— 

6 ‘‘(aa) the amount of duties, 

7 taxes, and fees paid with respect 

8 to the imported merchandise; and 

9 ‘‘(bb) the amount of duties, 

10 taxes, and fees that would apply 

11 to the destroyed article if the de12 stroyed article were imported; 

13 and 

14 ‘‘(II) reduced by the value of ma15 terials recovered during destruction as 

16 provided in subsection (x). 

17 ‘‘(3) STATUS REPORTS ON REGULATIONS.—Not 

18 later than the date that is one year after the date 

19 of the enactment of the Trade Facilitation and 

20 Trade Enforcement Act of 2015, and annually there21 after until the regulations required by paragraph (2) 

22 are final, the Secretary shall submit to Congress a 

23 report on the status of those regulations.’’. 


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1 (h) SUBSTITUTION OF FINISHED PETROLEUM DE2 RIVATIVES.—Section 313(p) of the Tariff Act of 1930 (19 

3 U.S.C. 1313(p)) is amended— 

4 (1) by striking ‘‘Harmonized Tariff Schedule of 

5 the United States’’ each place it appears and insert6 ing ‘‘HTS’’; and 

7 (2) in paragraph (3)(A)— 

8 (A) in clause (ii)(III), by striking ‘‘, as so 

9 certified in a certificate of delivery or certificate 

10 of manufacture and delivery’’; and 

11 (B) in the flush text at the end— 

12 (i) by striking ‘‘, as so designated on 

13 the certificate of delivery or certificate of 

14 manufacture and delivery’’; and 

15 (ii) by striking the last sentence and 

16 inserting the following: ‘‘The party trans17 ferring the merchandise shall maintain 

18 records kept in the normal course of busi19 ness to demonstrate the transfer.’’. 

20 (i) PACKAGING MATERIAL.—Section 313(q) of the 

21 Tariff Act of 1930 (19 U.S.C. 1313(q)) is amended— 

22 (1) in paragraph (1), by striking ‘‘of 99 percent 

23 of any duty, tax, or fee imposed under Federal law 

24 on such imported material’’ and inserting ‘‘in an 

25 amount calculated pursuant to regulations preVerDate Sep 11 2014 23:34 Apr 28, 2015 Jkt 049200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S1015.IS S1015

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1 scribed by the Secretary of the Treasury under sub2 section (l)’’; 

3 (2) in paragraph (2), by striking ‘‘of 99 percent 

4 of any duty, tax, or fee imposed under Federal law 

5 on the imported or substituted merchandise used to 

6 manufacture or produce such material’’ and insert7 ing ‘‘in an amount calculated pursuant to regula8 tions prescribed by the Secretary of the Treasury 

9 under subsection (l)’’; and 

10 (3) in paragraph (3), by striking ‘‘they contain’’ 

11 and inserting ‘‘it contains’’. 

12 (j) FILING OF DRAWBACK CLAIMS.—Section 313(r) 

13 of the Tariff Act of 1930 (19 U.S.C. 1313(r)) is amend14 ed— 

15 (1) in paragraph (1)— 

16 (A) by striking the first sentence and in17 serting the following: ‘‘A drawback entry shall 

18 be filed or applied for, as applicable, not later 

19 than 5 years after the date on which merchan20 dise on which drawback is claimed was im21 ported.’’; 

22 (B) in the second sentence, by striking ‘‘3- 

23 year’’ and inserting ‘‘5-year’’; and 


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1 (C) in the third sentence, by striking ‘‘the 

2 Customs Service’’ and inserting ‘‘U.S. Customs 

3 and Border Protection’’; 

4 (2) in paragraph (3)— 

5 (A) in subparagraph (A)— 

6 (i) in the matter preceding clause (i), 

7 by striking ‘‘The Customs Service’’ and in8 serting ‘‘U.S. Customs and Border Protec9 tion’’; 

10 (ii) in clauses (i) and (ii), by striking 

11 ‘‘the Customs Service’’ each place it ap12 pears and inserting ‘‘U.S. Customs and 

13 Border Protection’’; and 

14 (iii) in clause (ii)(I), by striking ‘‘3- 

15 year’’ and inserting ‘‘5-year’’; and 

16 (B) in subparagraph (B), by striking ‘‘the 

17 periods of time for retaining records set forth 

18 in subsection (t) of this section and’’ and in19 serting ‘‘the period of time for retaining records 

20 set forth in’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(4) All drawback claims filed on and after the 

23 date that is 2 years after the date of the enactment 

24 of the Trade Facilitation and Trade Enforcement 

25 Act of 2015 (or, if later, the effective date provided 


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1 for in section 606(q)(2)(B) of that Act) shall be filed 

2 electronically.’’. 

3 (k) DESIGNATION OF MERCHANDISE BY SUC4 CESSOR.—Section 313(s) of the Tariff Act of 1930 (19 

5 U.S.C. 1313(s)) is amended— 

6 (1) in paragraph (2), by striking subparagraph 

7 (B) and inserting the following: 

8 ‘‘(B) subject to paragraphs (5) and (6) of 

9 subsection (j), imported merchandise, other 

10 merchandise classifiable under the same 8-digit 

11 HTS subheading number as such imported 

12 merchandise, or any combination of such im13 ported merchandise and such other merchan14 dise, that the predecessor received, before the 

15 date of succession, from the person who im16 ported and paid any duties, taxes, and fees due 

17 on the imported merchandise;’’; and 

18 (2) in paragraph (4), by striking ‘‘certifies 

19 that’’ and all that follows and inserting ‘‘certifies 

20 that the transferred merchandise was not and will 

21 not be claimed by the predecessor.’’. 

22 (l) DRAWBACK CERTIFICATES.—Section 313 of the 

23 Tariff Act of 1930 (19 U.S.C. 1313) is amended by strik24 ing subsection (t). 


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1 (m) DRAWBACK FOR RECOVERED MATERIALS.—Sec2 tion 313(x) of the Tariff Act of 1930 (19 U.S.C. 1313(x)) 

3 is amended by striking ‘‘and (c)’’ and inserting ‘‘(c), and 

4 (j)’’. 

5 (n) DEFINITIONS.—Section 313 of the Tariff Act of 

6 1930 (19 U.S.C. 1313) is amended by adding at the end 

7 the following: 

8 ‘‘(z) DEFINITIONS.—In this section: 

9 ‘‘(1) DIRECTLY.—The term ‘directly’ means a 

10 transfer of merchandise or an article from one per11 son to another person without any intermediate 

12 transfer. 

13 ‘‘(2) HTS.—The term ‘HTS’ means the Har14 monized Tariff Schedule of the United States. 

15 ‘‘(3) INDIRECTLY.—The term ‘indirectly’ means 

16 a transfer of merchandise or an article from one per17 son to another person with one or more intermediate 

18 transfers.’’. 

19 (o) RECORDKEEPING.—Section 508(c)(3) of the Tar20 iff Act of 1930 (19 U.S.C. 1508(c)(3)) is amended— 

21 (1) by striking ‘‘3rd’’ and inserting ‘‘5th’’; and 

22 (2) by striking ‘‘payment’’ and inserting ‘‘liq23 uidation’’. 

24 (p) GOVERNMENT ACCOUNTABILITY OFFICE RE25 PORT.— 


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1 (1) IN GENERAL.—Not later than one year 

2 after the issuance of the regulations required by sub3 section (l)(2) of section 313 of the Tariff Act of 

4 1930, as added by subsection (g), the Comptroller 

5 General of the United States shall submit to the 

6 Committee on Finance of the Senate and the Com7 mittee on Ways and Means of the House of Rep8 resentatives a report on the modernization of draw9 back and refunds under section 313 of the Tariff 

10 Act of 1930, as amended by this section. 

11 (2) CONTENTS.—The report required by para12 graph (1) include the following: 

13 (A) An assessment of the modernization of 

14 drawback and refunds under section 313 of the 

15 Tariff Act of 1930, as amended by this section. 

16 (B) A description of drawback claims that 

17 were permissible before the effective date pro18 vided for in subsection (q) that are not permis19 sible after that effective date and an identifica20 tion of industries most affected. 

21 (C) A description of drawback claims that 

22 were not permissible before the effective date 

23 provided for in subsection (q) that are permis24 sible after that effective date and an identifica25 tion of industries most affected. 


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1 (q) EFFECTIVE DATE.— 

2 (1) IN GENERAL.—The amendments made by 

3 this section shall— 

4 (A) take effect on the date of the enact5 ment of this Act; and 

6 (B) except as provided in paragraphs 

7 (2)(B) and (3), apply to drawback claims filed 

8 on or after the date that is 2 years after such 

9 date of enactment. 

10 (2) REPORTING OF OPERABILITY OF AUTO11 MATED COMMERCIAL ENVIRONMENT COMPUTER SYS12 TEM.— 

13 (A) IN GENERAL.—Not later than one year 

14 after the date of the enactment of this Act, and 

15 not later than 2 years after such date of enact16 ment, the Secretary of the Treasury shall sub17 mit to Congress a report on— 

18 (i) the date on which the Automated 

19 Commercial Environment will be ready to 

20 process drawback claims; and 

21 (ii) the date on which the Automated 

22 Export System will be ready to accept 

23 proof of exportation under subsection (i) of 

24 section 313 of the Tariff Act of 1930, as 

25 amended by subsection (d). 


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1 (B) DELAY OF EFFECTIVE DATE.—If the 

2 Secretary indicates in the report required by 

3 subparagraph (A) that the Automated Commer4 cial Environment will not be ready to process 

5 drawback claims by the date that is 2 years 

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

7 amendments made by this section shall apply to 

8 drawback claims filed on and after the date on 

9 which the Secretary certifies that the Auto10 mated Commercial Environment is ready to 

11 process drawback claims. 

12 (3) TRANSITION RULE.—During the one-year 

13 period beginning on the date that is 2 years after 

14 the date of the enactment of this Act (or, if later, 

15 the effective date provided for in paragraph (2)(B)), 

16 a person may elect to file a claim for drawback 

17 under— 

18 (A) section 313 of the Tariff Act of 1930, 

19 as amended by this section; or 

20 (B) section 313 of the Tariff Act of 1930, 

21 as in effect on the day before the date of the 

22 enactment of this Act. 


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1 SEC. 607. INCLUSION OF CERTAIN INFORMATION IN SUB2 MISSION OF NOMINATION FOR APPOINT3 MENT AS DEPUTY UNITED STATES TRADE 

4 REPRESENTATIVE. 

5 Section 141(b) of the Trade Act of 1974 (19 U.S.C. 

6 2171(b)) is amended by adding at the end the following: 

7 ‘‘(4) When the President submits to the Senate for 

8 its advice and consent a nomination of an individual for 

9 appointment as a Deputy United States Trade Represent10 ative under paragraph (2), the President shall include in 

11 that submission information on the country, regional of12 fices, and functions of the Office of the United States 

13 Trade Representative with respect to which that individual 

14 will have responsibility.’’. 

15 SEC. 608. BIENNIAL REPORTS REGARDING COMPETITIVE16 NESS ISSUES FACING THE UNITED STATES 

17 ECONOMY AND COMPETITIVE CONDITIONS 

18 FOR CERTAIN KEY UNITED STATES INDUS19 TRIES. 

20 (a) IN GENERAL.—The United States International 

21 Trade Commission shall conduct a series of investigations, 

22 and submit a report on each such investigation in accord23 ance with subsection (c), regarding competitiveness issues 

24 facing the economy of the United States and competitive 

25 conditions for certain key United States industries. 

26 (b) CONTENTS OF REPORT.— 


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1 (1) IN GENERAL.—Each report required by 

2 subsection (a) shall include, to the extent prac3 ticable, the following: 

4 (A) A detailed assessment of competitive5 ness issues facing the economy of the United 

6 States, over the 10-year period beginning on 

7 the date on which the report is submitted, that 

8 includes— 

9 (i) projections, over that 10-year pe10 riod, of economic measures, such as meas11 ures relating to production in the United 

12 States and United States trade, for the 

13 economy of the United States and for key 

14 United States industries, based on ongoing 

15 trends in the economy of the United States 

16 and global economies and incorporating es17 timates from prominent United States, for18 eign, multinational, and private sector or19 ganizations; and 

20 (ii) a description of factors that drive 

21 economic growth, such as domestic produc22 tivity, the United States workforce, foreign 

23 demand for United States goods and serv24 ices, and industry-specific developments. 


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1 (B) A detailed assessment of a key United 

2 States industry or key United States industries 

3 that, to the extent practicable— 

4 (i) identifies with respect to each such 

5 industry the principal factors driving com6 petitiveness as of the date on which the re7 port is submitted; and 

8 (ii) describes, with respect to each 

9 such industry, the structure of the global 

10 industry, its market characteristics, cur11 rent industry trends, relevant policies and 

12 programs of foreign governments, and 

13 principal factors affecting future competi14 tiveness. 

15 (2) SELECTION OF KEY UNITED STATES INDUS16 TRIES.— 

17 (A) IN GENERAL.—In conducting assess18 ments required under paragraph (1)(B), the 

19 Commission shall, to the extent practicable, se20 lect a different key United States industry or 

21 different key United States industries for pur22 poses of each report required by subsection (a). 

23 (B) CONSULTATIONS WITH CONGRESS.— 

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1 mittee on Ways and Means of the House of 

2 Representatives before selecting the key United 

3 States industry or key United States industries 

4 for purposes of each report required by sub5 section (a). 

6 (c) SUBMISSION OF REPORTS.— 

7 (1) IN GENERAL.—Not later than May 15, 

8 2017, and every 2 years thereafter through 2025, 

9 the Commission shall submit to the Committee on 

10 Finance of the Senate and the Committee on Ways 

11 and Means of the House of Representatives a report 

12 on the most recent investigation conducted under 

13 subsection (a). 

14 (2) EXTENSION OF DEADLINE.—The Commis15 sion may, after consultation with the Committee on 

16 Finance of the Senate and the Committee on Ways 

17 and Means of the House of Representatives, submit 

18 a report under paragraph (1) later than the date re19 quired by that paragraph. 

20 (3) CONFIDENTIAL BUSINESS INFORMATION.— 

21 A report submitted under paragraph (1) shall not 

22 include any confidential business information un23 less— 

24 (A) the party that submitted the confiden25 tial business information to the Commission 


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1 had notice, at the time of submission, that the 

2 information would be released by the Commis3 sion; or 

4 (B) that party consents to the release of 

5 the information. 

6 (d) KEY UNITED STATES INDUSTRY DEFINED.—In 

7 this section, the term ‘‘key United States industry’’ means 

8 a goods or services industry that— 

9 (1) contributes significantly to United States 

10 economic activity and trade; or 

11 (2) is a potential growth area for the United 

12 States and global markets. 

13 SEC. 609. REPORT ON CERTAIN U.S. CUSTOMS AND BORDER 

14 PROTECTION AGREEMENTS. 

15 (a) IN GENERAL.—Not later than one year after en16 tering into an agreement under a program specified in 

17 subsection (b), and annually thereafter until the termi18 nation of the program, the Commissioner shall submit to 

19 the Committee on Finance of the Senate and the Com20 mittee on Ways and Means of the House of Representa21 tives a report that includes the following: 

22 (1) A description of the development of the pro23 gram. 

24 (2) A description of the type of entity with 

25 which U.S. Customs and Border Protection entered 


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1 into the agreement and the amount that entity reim2 bursed U.S. Customs and Border Protection under 

3 the agreement. 

4 (3) An identification of the type of port of entry 

5 to which the agreement relates and an assessment of 

6 how the agreement provides economic benefits at the 

7 port of entry. 

8 (4) A description of the services provided by 

9 U.S. Customs and Border Protection under the 

10 agreement during the year preceding the submission 

11 of the report. 

12 (5) The amount of fees collected under the 

13 agreement during that year. 

14 (6) A detailed accounting of how the fees col15 lected under the agreement have been spent during 

16 that year. 

17 (7) A summary of any complaints or criticism 

18 received by U.S. Customs and Border Protection 

19 during that year regarding the agreement. 

20 (8) An assessment of the compliance of the en21 tity described in paragraph (2) with the terms of the 

22 agreement. 

23 (9) Recommendations with respect to how ac24 tivities conducted pursuant to the agreement could 


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1 function more effectively or better produce economic 

2 benefits. 

3 (10) A summary of the benefits to and chal4 lenges faced by U.S. Customs and Border Protection 

5 and the entity described in paragraph (2) under the 

6 agreement. 

7 (b) PROGRAM SPECIFIED.—A program specified in 

8 this subsection is— 

9 (1) the program for entering into reimbursable 

10 fee agreements for the provision of U.S. Customs 

11 and Border Protection services established by section 

12 560 of the Department of Homeland Security Ap13 propriations Act, 2013 (division D of Public Law 

14 113–6; 127 Stat. 378); or 

15 (2) the pilot program authorizing U.S. Customs 

16 and Border Protection to enter into partnerships 

17 with private sector and government entities at ports 

18 of entry established by section 559 of the Depart19 ment of Homeland Security Appropriations Act, 

20 2014 (division F of Public Law 113–76; 6 U.S.C. 

21 211 note). 

22 SEC. 610. CHARTER FLIGHTS. 

23 Section 13031(e)(1) of the Consolidated Omnibus 

24 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) 

25 is amended— 


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1 (1) by striking ‘‘(1) Notwithstanding section 

2 451 of the Tariff Act of 1930 (19 U.S.C. 1451) or 

3 any other provision of law (other than paragraph 

4 (2))’’ and inserting the following: 

5 ‘‘(1)(A) Notwithstanding section 451 of the Tariff 

6 Act of 1930 (19 U.S.C. 1451) or any other provision of 

7 law (other than subparagraph (B) and paragraph (2))’’; 

8 and 

9 (2) by adding at the end the following: 

10 ‘‘(B)(i) An appropriate officer of U.S. Customs and 

11 Border Protection may assign a sufficient number of em12 ployees of U.S. Customs and Border Protection (if avail13 able) to perform services described in clause (ii) for a 

14 charter air carrier (as defined in section 40102 of title 

15 49, United States Code) for a charter flight arriving after 

16 normal operating hours at an airport that is an established 

17 port of entry serviced by U.S. Customs and Border Pro18 tection, notwithstanding that overtime funds for those 

19 services are not available, if the charter air carrier— 

20 ‘‘(I) not later than 4 hours before the flight ar21 rives, specifically requests that such services be pro22 vided; and 

23 ‘‘(II) pays any overtime fees incurred in connec24 tion with such services. 


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1 ‘‘(ii) Services described in this clause are customs 

2 services for passengers and their baggage or any other 

3 such service that could lawfully be performed during reg4 ular hours of operation.’’. 

5 SEC. 611. AMENDMENT TO TARIFF ACT OF 1930 TO REQUIRE 

6 COUNTRY OF ORIGIN MARKING OF CERTAIN 

7 CASTINGS. 

8 (a) IN GENERAL.—Section 304(e) of the Tariff Act 

9 of 1930 (19 U.S.C. 1304(e)) is amended— 

10 (1) in the subsection heading, by striking 

11 ‘‘MANHOLE RINGS OR FRAMES, COVERS, AND AS12 SEMBLIES THEREOF’’ and inserting ‘‘CASTINGS’’; 

13 (2) by inserting ‘‘inlet frames, tree and trench 

14 grates, lampposts, lamppost bases, cast utility poles, 

15 bollards, hydrants, utility boxes,’’ before ‘‘manhole 

16 rings,’’; and 

17 (3) by adding at the end before the period the 

18 following: ‘‘in a location such that it will remain visi19 ble after installation’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 subsection (a) take effect on the date of the enactment 

22 of this Act and apply with respect to the importation of 

23 castings described in such amendments on or after the 

24 date that is 180 days after such date of enactment. 

Æ 


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