In the Senate of the United States, 

May 14, 2015. 

Resolved, That the bill from the House of Representatives (H.R. 644) entitled ‘‘An Act to amend the Internal Revenue Code of 1986 to permanently extend and expand the 

charitable deduction for contributions of food inventory.’’, do 

pass with the following 

AMENDMENTS: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—TRADE FACILITATION AND TRADE ENFORCEMENT 

Sec. 101. Improving partnership programs. 

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

Sec. 103. Priorities and performance standards for customs modernization, trade 

facilitation, and trade enforcement functions and programs. 
2 

† HR 644 EAS 

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—AMENDMENTS TO ANTIDUMPING AND COUNTERVAILING 

DUTY LAWS 

Sec. 501. Consequences of failure to cooperate with a request for information in 

a proceeding. 

Sec. 502. Definition of material injury. 

Sec. 503. Particular market situation. 

Sec. 504. Distortion of prices or costs. 
3 

† HR 644 EAS 

Sec. 505. Reduction in burden on Department of Commerce by reducing the number of voluntary respondents. 

Sec. 506. Application to Canada and Mexico. 

TITLE VI—ADDITIONAL TRADE ENFORCEMENT AND INTELLECTUAL 

PROPERTY RIGHTS PROTECTION 

Subtitle A—Trade Enforcement 

Sec. 601. Trade enforcement priorities. 

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

Sec. 603. Trade monitoring. 

Sec. 604. Establishment of Interagency Trade Enforcement Center. 

Sec. 605. Establishment of Chief Manufacturing Negotiator. 

Sec. 606. Enforcement under title III of the Trade Act of 1974 with respect to 

certain acts, policies, and practices relating to the environment. 

Sec. 607. Trade Enforcement Trust Fund. 

Sec. 608. Honey transshipment. 

Sec. 609. Inclusion of interest in certain distributions of antidumping duties and 

countervailing duties. 

Sec. 610. Illicitly imported, exported, or trafficked cultural property, archaeological or ethnological materials, and fish, wildlife, and plants. 

Subtitle B—Intellectual Property Rights Protection 

Sec. 611. Establishment of Chief Innovation and Intellectual Property Negotiator. 

Sec. 612. Measures relating to countries that deny adequate protection for intellectual property rights. 

TITLE VII—CURRENCY MANIPULATION 

Subtitle A—Investigation of Currency Undervaluation 

Sec. 701. Short title. 

Sec. 702. Investigation or review of currency undervaluation under countervailing duty law. 

Sec. 703. Benefit calculation methodology with respect to currency undervaluation. 

Sec. 704. Modification of definition of specificity with respect to export subsidy. 

Sec. 705. Application to Canada and Mexico. 

Sec. 706. Effective date. 

Subtitle B—Engagement on Currency Exchange Rate and Economic Policies 

Sec. 711. Enhancement of engagement on currency exchange rate and economic 

policies with certain major trading partners of the United 

States. 

Sec. 712. Advisory Committee on International Exchange Rate Policy. 

TITLE VIII—PROCESS FOR CONSIDERATION OF TEMPORARY DUTY 

SUSPENSIONS AND REDUCTIONS 

Sec. 801. Short title. 

Sec. 802. Sense of Congress on the need for a miscellaneous tariff bill. 

Sec. 803. Process for consideration of duty suspensions and reductions. 

Sec. 804. Report on effects of duty suspensions and reductions on United States 

economy. 
4 

† HR 644 EAS 

Sec. 805. Judicial review precluded. 

Sec. 806. Definitions. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. De minimis value. 

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

Sec. 903. Penalties for customs brokers. 

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

United States. 

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

of international traffic previously exported from the United 

States. 

Sec. 906. Drawback and refunds. 

Sec. 907. Inclusion of certain information in submission of nomination for appointment as Deputy United States Trade Representative. 

Sec. 908. Biennial reports regarding competitiveness issues facing the United 

States economy and competitive conditions for certain key 

United States industries. 

Sec. 909. Report on certain U.S. Customs and Border Protection agreements. 

Sec. 910. Charter flights. 

Sec. 911. Amendment to Tariff Act of 1930 to require country of origin marking 

of certain castings. 

Sec. 912. Elimination of consumptive demand exception to prohibition on importation of goods made with convict labor, forced labor, or indentured labor; report. 

Sec. 913. Improved collection and use of labor market information. 

Sec. 914. Statements of policy with respect to Israel. 

TITLE X—OFFSETS 

Sec. 1001. Revocation or denial of passport in case of certain unpaid taxes. 

Sec. 1002. Customs user fees. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) AUTOMATED COMMERCIAL ENVIRONMENT.— 

4 The term ‘‘Automated Commercial Environment’’ 

5 means the Automated Commercial Environment com6 puter system authorized under section 13031(f)(4) of 

7 the Consolidated Omnibus Budget Reconciliation Act 

8 of 1985 (19 U.S.C. 58c(f)(4)). 
5 

† HR 644 EAS 

1 (2) COMMISSIONER.—The term ‘‘Commissioner’’ 

2 means the Commissioner responsible for U.S. Customs 

3 and Border Protection. 

4 (3) CUSTOMS AND TRADE LAWS OF THE UNITED

5 STATES.—The term ‘‘customs and trade laws of the 

6 United States’’ includes the following: 

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

8 et seq.). 

9 (B) Section 249 of the Revised Statutes (19 

10 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 Om16 nibus Budget Reconciliation Act of 1985 (19 

17 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). 
6 

† HR 644 EAS 

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

2 et seq.). 

3 (K) The Trade Agreements Act of 1979 (19 

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

5 (L) The North American Free Trade Agree6 ment Implementation Act (19 U.S.C. 3301 et 

7 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 1986 

17 (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 95–410; 

22 92 Stat. 888). 

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

24 107–210; 116 Stat. 933). 
7 

† HR 644 EAS 

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 Cus21 toms Enforcement. 

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

24 (A) an importer; 

25 (B) an exporter; 
8 

† HR 644 EAS 

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 en10 forcement’’ means the enforcement of the customs and 

11 trade laws of the United States. 

12 (6) TRADE FACILITATION.—The term ‘‘trade fa13 cilitation’’ refers to policies and activities of U.S. 

14 Customs and Border Protection with respect to facili15 tating the movement of merchandise into and out of 

16 the United States in a manner that complies with the 

17 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 en24 sure that partnership programs of U.S. Customs and Bor25 der Protection established before the date of the enactment 
9 

† HR 644 EAS 

1 of this Act, such as the Customs-Trade Partnership Against 

2 Terrorism established under subtitle B of title II of the Se3 curity and Accountability for Every Port Act of 2006 (6 

4 U.S.C. 961 et seq.), and partnership programs of U.S. Cus5 toms and Border Protection established after such date of 

6 enactment, provide trade benefits to private sector entities 

7 that meet the requirements for participation in those pro8 grams established by the Commissioner under this section. 

9 (b) ELEMENTS.—In developing and operating partner10 ship programs under subsection (a), the Commissioner 

11 shall— 

12 (1) consult with private sector entities, the pub13 lic, and other Federal agencies when appropriate, to 

14 ensure that participants in those programs receive 

15 commercially significant and measurable trade bene16 fits, including providing preclearance of merchandise 

17 for qualified persons that demonstrate the highest lev18 els of compliance with the customs and trade laws of 

19 the United States, regulations of U.S. Customs and 

20 Border Protection, and other requirements the Com21 missioner determines to be necessary; 

22 (2) ensure an integrated and transparent system 

23 of trade benefits and compliance requirements for all 

24 partnership programs of U.S. Customs and Border 

25 Protection; 
10 

† HR 644 EAS 

1 (3) consider consolidating partnership programs 

2 in situations in which doing so would support the ob3 jectives of such programs, increase participation in 

4 such programs, enhance the trade benefits provided to 

5 participants in such programs, and enhance the allo6 cation of the resources of U.S. Customs and Border 

7 Protection; 

8 (4) coordinate with the Director of U.S. Immi9 gration and Customs Enforcement, and other Federal 

10 agencies with authority to detain and release mer11 chandise entering the United States— 

12 (A) to ensure coordination in the release of 

13 such merchandise through the Automated Com14 mercial Environment, or its predecessor, and the 

15 International Trade Data System; 

16 (B) to ensure that the partnership programs 

17 of those agencies are compatible with the part18 nership programs of U.S. Customs and Border 

19 Protection; 

20 (C) to develop criteria for authorizing the 

21 release, on an expedited basis, of merchandise for 

22 which documentation is required from one or 

23 more of those agencies to clear or license the mer24 chandise for entry into the United States; and 
11 

† HR 644 EAS 

1 (D) to create pathways, within and among 

2 the appropriate Federal agencies, for qualified 

3 persons that demonstrate the highest levels of 

4 compliance to receive immediate clearance absent 

5 information that a transaction may pose a na6 tional security or compliance threat; and 

7 (5) ensure that trade benefits are provided to 

8 participants in partnership programs. 

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

10 is 180 days after the date of the enactment of this Act, and 

11 December 31 of each year thereafter, the Commissioner shall 

12 submit to the Committee on Finance of the Senate and the 

13 Committee on Ways and Means of the House of Representa14 tives a report that— 

15 (1) identifies each partnership program referred 

16 to in subsection (a); 

17 (2) for each such program, identifies— 

18 (A) the requirements for participants in the 

19 program; 

20 (B) the commercially significant and meas21 urable trade benefits provided to participants in 

22 the program; 

23 (C) the number of participants in the pro24 gram; and 
12 

† HR 644 EAS 

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

2 for participation at multiple tiers, the number of 

3 participants at each such tier; 

4 (3) identifies the number of participants enrolled 

5 in more than one such partnership program; 

6 (4) assesses the effectiveness of each such partner7 ship program in advancing the security, trade en8 forcement, and trade facilitation missions of U.S. 

9 Customs and Border Protection, based on historical 

10 developments, the level of participation in the pro11 gram, and the evolution of benefits provided to par12 ticipants in the program; 

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

14 Border Protection to work with other Federal agencies 

15 with authority to detain and release merchandise en16 tering the United States to ensure that partnership 

17 programs of those agencies are compatible with part18 nership programs of U.S. Customs and Border Pro19 tection; 

20 (6) summarizes criteria developed with those 

21 agencies for authorizing the release, on an expedited 

22 basis, of merchandise for which documentation is re23 quired from one or more of those agencies to clear or 

24 license the merchandise for entry into the United 

25 States; 
13 

† HR 644 EAS 

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

2 Border Protection to work with private sector entities 

3 and the public to develop and improve partnership 

4 programs referred to in subsection (a); 

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

6 and Border Protection to make private sector entities 

7 aware of the trade benefits available to participants 

8 in such programs; and 

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

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

11 such programs for the 2 years following the submis12 sion of the report. 

13 SEC. 102. REPORT ON EFFECTIVENESS OF TRADE ENFORCE14 MENT ACTIVITIES. 

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

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

17 of the United States shall submit to the Committee on Fi18 nance of the Senate and the Committee on Ways and Means 

19 of the House of Representatives a report on the effectiveness 

20 of trade enforcement activities of U.S. Customs and Border 

21 Protection. 

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

23 shall include— 

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

25 of audits and verifications, targeting, organization, 
14 

† HR 644 EAS 

1 and training of personnel of U.S. Customs and Bor2 der Protection; 

3 (2) a description of trade enforcement activities 

4 to address undervaluation, transshipment, legitimacy 

5 of entities making entry, protection of revenues, fraud 

6 prevention and detection, and penalties, including in7 tentional misclassification, inadequate bonding, and 

8 other misrepresentations; and 

9 (3) a description of trade enforcement activities 

10 with respect to the priority trade issues described in 

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

12 March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 

13 2072(d)), as added by section 111(a) of this Act, in14 cluding— 

15 (A) methodologies used in such enforcement 

16 activities, such as targeting; 

17 (B) recommendations for improving such 

18 enforcement activities; and 

19 (C) a description of the implementation of 

20 previous recommendations for improving such 

21 enforcement activities. 

22 (c) FORM OF REPORT.—The report required by sub23 section (a) shall be submitted in unclassified form, but may 

24 include a classified annex. 
15 

† HR 644 EAS 

1 SEC. 103. PRIORITIES AND PERFORMANCE STANDARDS FOR 

2 CUSTOMS MODERNIZATION, TRADE FACILITA3 TION, AND TRADE ENFORCEMENT FUNC4 TIONS AND PROGRAMS. 

5 (a) PRIORITIES AND PERFORMANCE STANDARDS.— 

6 (1) IN GENERAL.—The Commissioner, in con7 sultation with the Committee on Finance of the Sen8 ate and the Committee on Ways and Means of the 

9 House of Representatives, shall establish priorities 

10 and performance standards to measure the develop11 ment and levels of achievement of the customs mod12 ernization, trade facilitation, and trade enforcement 

13 functions and programs described in subsection (b). 

14 (2) MINIMUM PRIORITIES AND STANDARDS.— 

15 Such priorities and performance standards shall, at 

16 a minimum, include priorities and standards relating 

17 to efficiency, outcome, output, and other types of ap18 plicable measures. 

19 (b) FUNCTIONS AND PROGRAMS DESCRIBED.—The 

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

21 the following: 

22 (1) The Automated Commercial Environment. 

23 (2) Each of the priority trade issues described in 

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

25 March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 

26 2072(d)), as added by section 111(a) of this Act. 
16 

† HR 644 EAS 

1 (3) The Centers of Excellence and Expertise de2 scribed in section 110 of this Act. 

3 (4) Drawback for exported merchandise under 

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

5 1313), as amended by section 906 of this Act. 

6 (5) Transactions relating to imported merchan7 dise in bond. 

8 (6) Collection of countervailing duties assessed 

9 under subtitle A of title VII of the Tariff Act of 1930 

10 (19 U.S.C. 1671 et seq.) and antidumping duties as11 sessed under subtitle B of title VII of the Tariff Act 

12 of 1930 (19 U.S.C. 1673 et seq.). 

13 (7) The expedited clearance of cargo. 

14 (8) The issuance of regulations and rulings. 

15 (9) The issuance of Regulatory Audit Reports. 

16 (c) CONSULTATIONS AND NOTIFICATION.— 

17 (1) CONSULTATIONS.—The consultations re18 quired by subsection (a)(1) shall occur, at a min19 imum, on an annual basis. 

20 (2) NOTIFICATION.—The Commissioner shall no21 tify the Committee on Finance of the Senate and the 

22 Committee on Ways and Means of the House of Rep23 resentatives of any changes to the priorities referred 

24 to in subsection (a) not later than 30 days before such 

25 changes are to take effect. 
17 

† HR 644 EAS 

1 SEC. 104. EDUCATIONAL SEMINARS TO IMPROVE EFFORTS 

2 TO CLASSIFY AND APPRAISE IMPORTED ARTI3 CLES, TO IMPROVE TRADE ENFORCEMENT EF4 FORTS, AND TO OTHERWISE FACILITATE LE5 GITIMATE INTERNATIONAL TRADE. 

6 (a) IN GENERAL.— 

7 (1) ESTABLISHMENT.—The Commissioner and 

8 the Director shall establish and carry out on a fiscal 

9 year basis educational seminars to— 

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

11 and Border Protection personnel to classify and 

12 appraise articles imported into the United States 

13 in accordance with the customs and trade laws 

14 of the United States; 

15 (B) improve the trade enforcement efforts of 

16 U.S. Customs and Border Protection personnel 

17 and U.S. Immigration and Customs Enforce18 ment personnel; and 

19 (C) otherwise improve the ability and effec20 tiveness of U.S. Customs and Border Protection 

21 personnel and U.S. Immigration and Customs 

22 Enforcement personnel to facilitate legitimate 

23 international trade. 

24 (b) CONTENT.— 

25 (1) CLASSIFYING AND APPRAISING IMPORTED AR26 TICLES.—In carrying out subsection (a)(1)(A), the 
18 

† HR 644 EAS 

1 Commissioner, the Director, and interested parties in 

2 the private sector selected under subsection (c) shall 

3 provide instruction and related instructional mate4 rials at each educational seminar under this section 

5 to U.S. Customs and Border Protection personnel 

6 and, as appropriate, to U.S. Immigration and Cus7 toms Enforcement personnel on the following: 

8 (A) Conducting a physical inspection of an 

9 article imported into the United States, includ10 ing testing of samples of the article, to determine 

11 if the article is mislabeled in the manifest or 

12 other accompanying documentation. 

13 (B) Reviewing the manifest and other ac14 companying documentation of an article im15 ported into the United States to determine if the 

16 country of origin of the article listed in the 

17 manifest or other accompanying documentation 

18 is accurate. 

19 (C) Customs valuation. 

20 (D) Industry supply chains and other re21 lated matters as determined to be appropriate by 

22 the Commissioner. 

23 (2) TRADE ENFORCEMENT EFFORTS.—In car24 rying out subsection (a)(1)(B), the Commissioner, the 

25 Director, and interested parties in the private sector 
19 

† HR 644 EAS 

1 selected under subsection (c) shall provide instruction 

2 and related instructional materials at each edu3 cational seminar under this section to U.S. Customs 

4 and Border Protection personnel and, as appropriate, 

5 to U.S. Immigration and Customs Enforcement per6 sonnel to identify opportunities to enhance enforce7 ment of the following: 

8 (A) Collection of countervailing duties as9 sessed under subtitle A of title VII of the Tariff 

10 Act of 1930 (19 U.S.C. 1671 et seq.) and anti11 dumping duties assessed under subtitle B of title 

12 VII of the Tariff Act of 1930 (19 U.S.C. 1673 et 

13 seq.). 

14 (B) Addressing evasion of duties on imports 

15 of textiles. 

16 (C) Protection of intellectual property 

17 rights. 

18 (D) Enforcement of child labor laws. 

19 (3) APPROVAL OF COMMISSIONER AND DIREC20 TOR.—The instruction and related instructional ma21 terials at each educational seminar under this section 

22 shall be subject to the approval of the Commissioner 

23 and the Director. 

24 (c) SELECTION PROCESS.— 
20 

† HR 644 EAS 

1 (1) IN GENERAL.—The Commissioner shall estab2 lish a process to solicit, evaluate, and select interested 

3 parties in the private sector for purposes of assisting 

4 in providing instruction and related instructional 

5 materials described in subsection (b) at each edu6 cational seminar under this section. 

7 (2) CRITERIA.—The Commissioner shall evaluate 

8 and select interested parties in the private sector 

9 under the process established under paragraph (1) 

10 based on— 

11 (A) availability and usefulness; 

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

13 mislabeling or misidentification of origin of im14 ported articles; and 

15 (C) other appropriate criteria established by 

16 the Commissioner. 

17 (3) PUBLIC AVAILABILITY.—The Commissioner 

18 and the Director shall publish in the Federal Register 

19 a detailed description of the process established under 

20 paragraph (1) and the criteria established under 

21 paragraph (2). 

22 (d) SPECIAL RULE FOR ANTIDUMPING AND COUNTER23 VAILING DUTY ORDERS.— 

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

25 due consideration to carrying out an educational 
21 

† HR 644 EAS 

1 seminar under this section in whole or in part to im2 prove the ability of U.S. Customs and Border Protec3 tion personnel to enforce a countervailing or anti4 dumping duty order issued under section 706 or 736 

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

6 upon the request of a petitioner in an action under7 lying such countervailing or antidumping duty order. 

8 (2) INTERESTED PARTY.—A petitioner described 

9 in paragraph (1) shall be treated as an interested 

10 party in the private sector for purposes of the require11 ments of this section. 

12 (e) PERFORMANCE STANDARDS.—The Commissioner 

13 and the Director shall establish performance standards to 

14 measure the development and level of achievement of edu15 cational seminars under this section. 

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

17 Commissioner and the Director shall submit to the Com18 mittee of Finance of the Senate and the Committee of Ways 

19 and Means of the House of Representatives an annual re20 port on the effectiveness of educational seminars under this 

21 section. 

22 (g) DEFINITIONS.—In this section: 

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

24 Director of U.S. Immigration and Customs Enforce25 ment. 
22 

† HR 644 EAS 

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

2 means the customs territory of the United States, as 

3 defined in General Note 2 to the Harmonized Tariff 

4 Schedule of the United States. 

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

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

7 Protection personnel’’ means import specialists, audi8 tors, and other appropriate employees of U.S. Cus9 toms and Border Protection. 

10 (4) U.S. IMMIGRATION AND CUSTOMS ENFORCE11 MENT PERSONNEL.—The term ‘‘U.S. Immigration 

12 and Customs Enforcement personnel’’ means Home13 land Security Investigations Directorate personnel 

14 and other appropriate employees of U.S. Immigration 

15 and Customs Enforcement. 

16 SEC. 105. JOINT STRATEGIC PLAN. 

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

18 date of the enactment of this Act, and every 2 years there19 after, the Commissioner and the Director of U.S. Immigra20 tion and Customs Enforcement shall jointly develop and 

21 submit to the Committee on Finance of the Senate and the 

22 Committee on Ways and Means of the House of Representa23 tives, a joint strategic plan. 

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

25 under this section shall be comprised of a comprehensive 
23 

† HR 644 EAS 

1 multi-year plan for trade enforcement and trade facilita2 tion, and shall include— 

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

4 year period preceding the submission of the plan to 

5 improve trade enforcement and trade facilitation, in6 cluding a description and analysis of specific per7 formance measures to evaluate the progress of U.S. 

8 Customs and Border Protection and U.S. Immigra9 tion and Customs Enforcement in meeting each such 

10 responsibility; 

11 (2) a statement of objectives and plans for fur12 ther improving trade enforcement and trade facilita13 tion; 

14 (3) a specific identification of the priority trade 

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

16 2(d) of the Act of March 3, 1927 (44 Stat. 1381, 

17 chapter 348; 19 U.S.C. 2072(d)), as added by section 

18 111(a) of this Act, that can be addressed in order to 

19 enhance trade enforcement and trade facilitation, and 

20 a description of strategies and plans for addressing 

21 each such issue, including— 

22 (A) a description of the targeting meth23 odologies used for enforcement activities with re24 spect to each such issue; 
24 

† HR 644 EAS 

1 (B) recommendations for improving such 

2 enforcement activities; and 

3 (C) a description of the implementation of 

4 previous recommendations for improving such 

5 enforcement activities; 

6 (4) a description of efforts made to improve con7 sultation and coordination among and within Fed8 eral agencies, and in particular between U.S. Cus9 toms and Border Protection and U.S. Immigration 

10 and Customs Enforcement, regarding trade enforce11 ment and trade facilitation; 

12 (5) a description of the training that has oc13 curred to date within U.S. Customs and Border Pro14 tection and U.S. Immigration and Customs Enforce15 ment to improve trade enforcement and trade facilita16 tion, including training under section 104 of this Act; 

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

18 World Customs Organization and other international 

19 organizations, in consultation with other Federal 

20 agencies as appropriate, with respect to enhancing 

21 trade enforcement and trade facilitation; 

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

23 Protection organizational benchmarks for optimizing 

24 staffing and wait times at ports of entry; 
25 

† HR 644 EAS 

1 (8) a specific identification of any domestic or 

2 international best practices that may further improve 

3 trade enforcement and trade facilitation; 

4 (9) any legislative recommendations to further 

5 improve trade enforcement and trade facilitation; and 

6 (10) a description of efforts made to improve 

7 consultation and coordination with the private sector 

8 to enhance trade enforcement and trade facilitation. 

9 (c) CONSULTATIONS.— 

10 (1) IN GENERAL.—In developing the joint stra11 tegic plan required under this section, the Commis12 sioner and the Director shall consult with— 

13 (A) appropriate officials from the relevant 

14 Federal agencies, including— 

15 (i) the Department of the Treasury; 

16 (ii) the Department of Agriculture; 

17 (iii) the Department of Commerce; 

18 (iv) the Department of Justice; 

19 (v) the Department of the Interior; 

20 (vi) the Department of Health and 

21 Human Services; 

22 (vii) the Food and Drug Administra23 tion; 

24 (viii) the Consumer Product Safety 

25 Commission; and 
26 

† HR 644 EAS 

1 (ix) the Office of the United States 

2 Trade Representative; and 

3 (B) the Commercial Customs Operations 

4 Advisory Committee established by section 109 of 

5 this Act. 

6 (2) OTHER CONSULTATIONS.—In developing the 

7 joint strategic plan required under this section, the 

8 Commissioner and the Director shall seek to consult 

9 with— 

10 (A) appropriate officials from relevant for11 eign law enforcement agencies and international 

12 organizations, including the World Customs Or13 ganization; and 

14 (B) interested parties in the private sector. 

15 (d) FORM OF PLAN.—The plan required by subsection 

16 (a) shall be submitted in unclassified form, but may include 

17 a classified annex. 

18 SEC. 106. AUTOMATED COMMERCIAL ENVIRONMENT. 

19 (a) FUNDING.—Section 13031(f)(4)(B) of the Consoli20 dated Omnibus Budget Reconciliation Act of 1985 (19 

21 U.S.C. 58c(f)(4)(B)) is amended— 

22 (1) by striking ‘‘2003 through 2005’’ and insert23 ing ‘‘2016 through 2018’’; 
27 

† HR 644 EAS 

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

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

3 $153,736,000’’; and 

4 (3) by striking ‘‘for the development’’ and insert5 ing ‘‘to complete the development and implementa6 tion’’. 

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

8 Security Act of 2002 (19 U.S.C. 2075 note) is amended to 

9 read as follows: 

10 ‘‘(3) REPORT.— 

11 ‘‘(A) IN GENERAL.—Not later than Decem12 ber 31, 2016, the Commissioner responsible for 

13 U.S. Customs and Border Protection shall sub14 mit to the Committee on Appropriations and the 

15 Committee on Finance of the Senate and the 

16 Committee on Appropriations and the Com17 mittee on Ways and Means of the House of Rep18 resentatives a report detailing— 

19 ‘‘(i) U.S. Customs and Border Protec20 tion’s incorporation of all core trade proc21 essing capabilities, including cargo release, 

22 entry summary, cargo manifest, cargo fi23 nancial data, and export data elements into 

24 the Automated Commercial Environment 

25 computer system authorized under section 
28 

† HR 644 EAS 

1 13031(f)(4) of the Consolidated Omnibus 

2 Budget and Reconciliation Act of 1985 (19 

3 U.S.C. 58c(f)(4)) not later than September 

4 30, 2016, to conform with the admissibility 

5 criteria of agencies participating in the 

6 International Trade Data System identified 

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

8 Tariff Act of 1930; 

9 ‘‘(ii) U.S. Customs and Border Protec10 tion’s remaining priorities for processing 

11 entry summary data elements, cargo mani12 fest data elements, cargo financial data ele13 ments, and export elements in the Auto14 mated Commercial Environment computer 

15 system, and the objectives and plans for im16 plementing these remaining priorities; 

17 ‘‘(iii) the components of the National 

18 Customs Automation Program specified in 

19 subsection (a)(2) of section 411 of the Tariff 

20 Act of 1930 that have not been imple21 mented; and 

22 ‘‘(iv) any additional components of the 

23 National Customs Automation Program 

24 initiated by the Commissioner to complete 

25 the development, establishment, and imple-
29 

† HR 644 EAS 

1 mentation of the Automated Commercial 

2 Environment computer system. 

3 ‘‘(B) UPDATE OF REPORTS.—Not later than 

4 September 30, 2017, the Commissioner shall sub5 mit to the Committee on Appropriations and the 

6 Committee on Finance of the Senate and the 

7 Committee on Appropriations and the Com8 mittee on Ways and Means of the House of Rep9 resentatives an updated report addressing each of 

10 the matters referred to in subparagraph (A), 

11 and— 

12 ‘‘(i) evaluating the effectiveness of the 

13 implementation of the Automated Commer14 cial Environment computer system; and 

15 ‘‘(ii) detailing the percentage of trade 

16 processed in the Automated Commercial 

17 Environment every month since September 

18 30, 2016.’’. 

19 (c) GOVERNMENT ACCOUNTABILITY OFFICE RE20 PORT.—Not later than December 31, 2017, the Comptroller 

21 General of the United States shall submit to the Committee 

22 on Appropriations and the Committee on Finance of the 

23 Senate and the Committee on Appropriations and the Com24 mittee on Ways and Means of the House of Representatives 

25 a report— 
30 

† HR 644 EAS 

1 (1) assessing the progress of other Federal agen2 cies in accessing and utilizing the Automated Com3 mercial Environment; and 

4 (2) assessing the potential cost savings to the 

5 United States Government and importers and export6 ers and the potential benefits to enforcement of the 

7 customs and trade laws of the United States if the ele8 ments identified in clauses (i) through (iv) of section 

9 311(b)(3)(A) of the Customs Border Security Act of 

10 2002, as amended by subsection (b) of this section, are 

11 implemented. 

12 SEC. 107. INTERNATIONAL TRADE DATA SYSTEM. 

13 (a) INFORMATION TECHNOLOGY INFRASTRUCTURE.— 

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

15 is amended— 

16 (1) by redesignating paragraphs (4) through (7) 

17 as paragraphs (5) through (8), respectively; 

18 (2) by inserting after paragraph (3) the fol19 lowing: 

20 ‘‘(4) INFORMATION TECHNOLOGY INFRASTRUC21 TURE.— 

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

23 work with the head of each agency participating 

24 in the ITDS and the Interagency Steering Com25 mittee to ensure that each agency— 
31 

† HR 644 EAS 

1 ‘‘(i) develops and maintains the nec2 essary information technology infrastruc3 ture to support the operation of the ITDS 

4 and to submit all data to the ITDS elec5 tronically; 

6 ‘‘(ii) enters into a memorandum of un7 derstanding, or takes such other action as is 

8 necessary, to provide for the information 

9 sharing between the agency and U.S. Cus10 toms and Border Protection necessary for 

11 the operation and maintenance of the 

12 ITDS; 

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

14 identifies and transmits to the Commis15 sioner responsible for U.S. Customs and 

16 Border Protection the admissibility criteria 

17 and data elements required by the agency to 

18 authorize the release of cargo by U.S. Cus19 toms and Border Protection for incorpora20 tion into the operational functionality of 

21 the Automated Commercial Environment 

22 computer system authorized under section 

23 13031(f)(4) of the Consolidated Omnibus 

24 Budget and Reconciliation Act of 1985 (19 

25 U.S.C. 58c(f)(4)); and 
32 

† HR 644 EAS 

1 ‘‘(iv) not later than December 31, 

2 2016, utilizes the ITDS as the primary 

3 means of receiving from users the standard 

4 set of data and other relevant documenta5 tion, exclusive of applications for permits, 

6 licenses, or certifications required for the re7 lease of imported cargo and clearance of 

8 cargo for export. 

9 ‘‘(B) RULE OF CONSTRUCTION.—Nothing in 

10 this paragraph shall be construed to require any 

11 action to be taken that would compromise an on12 going law enforcement investigation or national 

13 security.’’; and 

14 (3) in paragraph (8), as redesignated, by strik15 ing ‘‘section 9503(c) of the Omnibus Budget Rec16 onciliation Act of 1987 (19 U.S.C. 2071 note)’’ and 

17 inserting ‘‘section 109 of the Trade Facilitation and 

18 Trade Enforcement Act of 2015’’. 

19 SEC. 108. CONSULTATIONS WITH RESPECT TO MUTUAL REC20 OGNITION ARRANGEMENTS. 

21 (a) CONSULTATIONS.—The Secretary of Homeland Se22 curity, with respect to any proposed mutual recognition ar23 rangement or similar agreement between the United States 

24 and a foreign government providing for mutual recognition 
33 

† HR 644 EAS 

1 of supply chain security programs and customs revenue 

2 functions, shall consult— 

3 (1) not later than 30 days before initiating nego4 tiations to enter into any such arrangement or simi5 lar agreement, with the Committee on Finance of the 

6 Senate and the Committee on Ways and Means of the 

7 House of Representatives; and 

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

9 any such arrangement or similar agreement, with the 

10 Committee on Finance of the Senate and the Com11 mittee on Ways and Means of the House of Represent12 atives. 

13 (b) NEGOTIATING OBJECTIVE.—It shall be a negoti14 ating objective of the United States in any negotiation for 

15 a mutual recognition arrangement with a foreign country 

16 on partnership programs, such as the Customs-Trade Part17 nership Against Terrorism established under subtitle B of 

18 title II of the Security and Accountability for Every Port 

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

20 compatibility of the partnership programs of that country 

21 with the partnership programs of U.S. Customs and Border 

22 Protection to enhance trade facilitation and trade enforce23 ment. 
34 

† HR 644 EAS 

1 SEC. 109. COMMERCIAL CUSTOMS OPERATIONS ADVISORY 

2 COMMITTEE. 

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

4 60 days after the date of the enactment of this Act, the Sec5 retary of the Treasury and the Secretary of Homeland Secu6 rity shall jointly establish a Commercial Customs Oper7 ations Advisory Committee (in this section referred to as 

8 the ‘‘Advisory Committee’’). 

9 (b) MEMBERSHIP.— 

10 (1) IN GENERAL.—The Advisory Committee shall 

11 be comprised of— 

12 (A) 20 individuals appointed under para13 graph (2); 

14 (B) the Assistant Secretary for Tax Policy 

15 of the Department of the Treasury and the Com16 missioner, who shall jointly co-chair meetings of 

17 the Advisory Committee; and 

18 (C) the Assistant Secretary for Policy and 

19 the Director of U.S. Immigration and Customs 

20 Enforcement of the Department of Homeland Se21 curity, who shall serve as deputy co-chairs of 

22 meetings of the Advisory Committee. 

23 (2) APPOINTMENT.— 

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

25 Treasury and the Secretary of Homeland Secu-
35 

† HR 644 EAS 

1 rity shall jointly appoint 20 individuals from 

2 the private sector to the Advisory Committee. 

3 (B) REQUIREMENTS.—In making appoint4 ments under subparagraph (A), the Secretary of 

5 the Treasury and the Secretary of Homeland Se6 curity shall appoint members— 

7 (i) to ensure that the membership of 

8 the Advisory Committee is representative of 

9 the individuals and firms affected by the 

10 commercial operations of U.S. Customs and 

11 Border Protection; and 

12 (ii) without regard to political affili13 ation. 

14 (C) TERMS.—Each individual appointed to 

15 the Advisory Committee under this paragraph 

16 shall be appointed for a term of not more than 

17 3 years, and may be reappointed to subsequent 

18 terms, but may not serve more than 2 terms se19 quentially. 

20 (3) TRANSFER OF MEMBERSHIP.—The Secretary 

21 of the Treasury and the Secretary of Homeland Secu22 rity may transfer members serving on the Advisory 

23 Committee on Commercial Operations of the United 

24 States Customs Service established under section 

25 9503(c) of the Omnibus Budget Reconciliation Act of 
36 

† HR 644 EAS 

1 1987 (19 U.S.C. 2071 note) on the day before the date 

2 of the enactment of this Act to the Advisory Com3 mittee established under subsection (a). 

4 (c) DUTIES.—The Advisory Committee established 

5 under subsection (a) shall— 

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

7 Secretary of Homeland Security on all matters in8 volving the commercial operations of U.S. Customs 

9 and Border Protection, including advising with re10 spect to significant changes that are proposed with re11 spect to regulations, policies, or practices of U.S. Cus12 toms and Border Protection; 

13 (2) provide recommendations to the Secretary of 

14 the Treasury and the Secretary of Homeland Security 

15 on improvements to the commercial operations of 

16 U.S. Customs and Border Protection; 

17 (3) collaborate in developing the agenda for Ad18 visory Committee meetings; and 

19 (4) perform such other functions relating to the 

20 commercial operations of U.S. Customs and Border 

21 Protection as prescribed by law or as the Secretary of 

22 the Treasury and the Secretary of Homeland Security 

23 jointly direct. 

24 (d) MEETINGS.— 
37 

† HR 644 EAS 

1 (1) IN GENERAL.—The Advisory Committee shall 

2 meet at the call of the Secretary of the Treasury and 

3 the Secretary of Homeland Security, or at the call of 

4 not less than two-thirds of the membership of the Ad5 visory Committee. The Advisory Committee shall meet 

6 at least 4 times each calendar year. 

7 (2) OPEN MEETINGS.—Notwithstanding section 

8 10(a) of the Federal Advisory Committee Act (5 

9 U.S.C. App.), the Advisory Committee meetings shall 

10 be open to the public unless the Secretary of the 

11 Treasury or the Secretary of Homeland Security de12 termines that the meeting will include matters the 

13 disclosure of which would compromise the develop14 ment of policies, priorities, or negotiating objectives 

15 or positions that could impact the commercial oper16 ations of U.S. Customs and Border Protection or the 

17 operations or investigations of U.S. Immigration and 

18 Customs Enforcement. 

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

20 2016, and annually thereafter, the Advisory Committee 

21 shall submit to the Committee on Finance of the Senate and 

22 the Committee on Ways and Means of the House of Rep23 resentatives a report that— 

24 (1) describes the activities of the Advisory Com25 mittee during the preceding fiscal year; and 
38 

† HR 644 EAS 

1 (2) sets forth any recommendations of the Advi2 sory Committee regarding the commercial operations 

3 of U.S. Customs and Border Protection. 

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

5 Advisory Committee Act (5 U.S.C. App.; relating to the ter6 mination of advisory committees) shall not apply to the Ad7 visory Committee. 

8 (g) CONFORMING AMENDMENT.— 

9 (1) IN GENERAL.—Effective on the date on which 

10 the Advisory Committee is established under sub11 section (a), section 9503(c) of the Omnibus Budget 

12 Reconciliation Act of 1987 (19 U.S.C. 2071 note) is 

13 repealed. 

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

15 Advisory Committee on Commercial Operations of the 

16 United States Customs Service established under sec17 tion 9503(c) of the Omnibus Budget Reconciliation 

18 Act of 1987 (19 U.S.C. 2071 note) made on or after 

19 the date on which the Advisory Committee is estab20 lished under subsection (a), shall be deemed a ref21 erence to the Commercial Customs Operations Advi22 sory Committee established under subsection (a). 

23 SEC. 110. CENTERS OF EXCELLENCE AND EXPERTISE. 

24 (a) IN GENERAL.—The Commissioner shall, in con25 sultation with the Committee on Finance of the Senate, the 
39 

† HR 644 EAS 

1 Committee on Ways and Means of the House of Representa2 tives, and the Commercial Customs Operations Advisory 

3 Committee established by section 109 of this Act, develop 

4 and implement Centers of Excellence and Expertise 

5 throughout U.S. Customs and Border Protection that— 

6 (1) enhance the economic competitiveness of the 

7 United States by consistently enforcing the laws and 

8 regulations of the United States at all ports of entry 

9 of the United States and by facilitating the flow of le10 gitimate trade through increasing industry-based 

11 knowledge; 

12 (2) improve enforcement efforts, including en13 forcement of priority trade issues described in sub14 paragraph (B)(ii) of section 2(d)(3) of the Act of 

15 March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 

16 2072(d)), as added by section 111(a) of this Act, in 

17 specific industry sectors through the application of 

18 targeting information from the Commercial Targeting 

19 Division established under subparagraph (A) of such 

20 section 2(d)(3) and from other means of verification; 

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

22 Border Protection in particular industry operations, 

23 supply chains, and compliance requirements; 
40 

† HR 644 EAS 

1 (4) promote the uniform implementation at each 

2 port of entry of the United States of policies and reg3 ulations relating to imports; 

4 (5) centralize the trade enforcement and trade fa5 cilitation efforts of U.S. Customs and Border Protec6 tion; 

7 (6) formalize an account-based approach to 

8 apply, as the Commissioner determines appropriate, 

9 to the importation of merchandise into the United 

10 States; 

11 (7) foster partnerships though the expansion of 

12 trade programs and other trusted partner programs; 

13 (8) develop applicable performance measure14 ments to meet internal efficiency and effectiveness 

15 goals; and 

16 (9) whenever feasible, facilitate a more efficient 

17 flow of information between Federal agencies. 

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

19 Commissioner shall submit to the Committee on Finance 

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

21 the House of Representatives a report describing— 

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

23 Center of Excellence and Expertise developed and im24 plemented under subsection (a); 
41 

† HR 644 EAS 

1 (2) the effectiveness of each such Center of Excel2 lence and Expertise in improving enforcement efforts, 

3 including enforcement of priority trade issues, and fa4 cilitating legitimate trade; 

5 (3) the quantitative and qualitative benefits of 

6 each such Center of Excellence and Expertise to the 

7 trade community, including through fostering part8 nerships through the expansion of trade programs 

9 such as the Importer Self Assessment program and 

10 other trusted partner programs; 

11 (4) all applicable performance measurements 

12 with respect to each such Center of Excellence and 

13 Expertise, including performance measures with re14 spect to meeting internal efficiency and effectiveness 

15 goals; 

16 (5) the performance of each such Center of Excel17 lence and Expertise in increasing the accuracy and 

18 completeness of data with respect to international 

19 trade and facilitating a more efficient flow of infor20 mation between Federal agencies; and 

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

22 functions or any other aspect of the Centers of Excel23 lence and Expertise developed and implemented under 

24 subsection (a). 
42 

† HR 644 EAS 

1 SEC. 111. COMMERCIAL TARGETING DIVISION AND NA2 TIONAL TARGETING AND ANALYSIS GROUPS. 

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

4 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072(d)) 

5 is amended by adding at the end the following: 

6 ‘‘(3) COMMERCIAL TARGETING DIVISION AND NA7 TIONAL TARGETING AND ANALYSIS GROUPS.— 

8 ‘‘(A) ESTABLISHMENT OF COMMERCIAL

9 TARGETING DIVISION.— 

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

11 Homeland Security shall establish and 

12 maintain within the Office of International 

13 Trade a Commercial Targeting Division. 

14 ‘‘(ii) COMPOSITION.—The Commercial 

15 Targeting Division shall be composed of— 

16 ‘‘(I) headquarters personnel led by 

17 an Executive Director, who shall report 

18 to the Assistant Commissioner for 

19 Trade; and 

20 ‘‘(II) individual National Tar21 geting and Analysis Groups, each led 

22 by a Director who shall report to the 

23 Executive Director of the Commercial 

24 Targeting Division. 

25 ‘‘(iii) DUTIES.—The Commercial Tar26 geting Division shall be dedicated— 
43 

† HR 644 EAS 

1 ‘‘(I) to the development and con2 duct of commercial risk assessment tar3 geting with respect to cargo destined 

4 for the United States in accordance 

5 with subparagraph (C); and 

6 ‘‘(II) to issuing Trade Alerts de7 scribed in subparagraph (D). 

8 ‘‘(B) NATIONAL TARGETING AND ANALYSIS

9 GROUPS.— 

10 ‘‘(i) IN GENERAL.—A National Tar11 geting and Analysis Group referred to in 

12 subparagraph (A)(ii)(II) shall, at a min13 imum, be established for each priority trade 

14 issue described in clause (ii). 

15 ‘‘(ii) PRIORITY TRADE ISSUES.— 

16 ‘‘(I) IN GENERAL.—The priority 

17 trade issues described in this clause are 

18 the following: 

19 ‘‘(aa) Agriculture programs. 

20 ‘‘(bb) Antidumping and 

21 countervailing duties. 

22 ‘‘(cc) Import safety. 

23 ‘‘(dd) Intellectual property 

24 rights. 

25 ‘‘(ee) Revenue. 
44 

† HR 644 EAS 

1 ‘‘(ff) Textiles and wearing 

2 apparel. 

3 ‘‘(gg) Trade agreements and 

4 preference programs. 

5 ‘‘(II) MODIFICATION.—The Com6 missioner is authorized to establish 

7 new priority trade issues and elimi8 nate, consolidate, or otherwise modify 

9 the priority trade issues described in 

10 this paragraph if the Commissioner— 

11 ‘‘(aa) determines it necessary 

12 and appropriate to do so; 

13 ‘‘(bb) submits to the Com14 mittee on Finance of the Senate 

15 and the Committee on Ways and 

16 Means of the House of Representa17 tives a summary of proposals to 

18 consolidate, eliminate, or other19 wise modify existing priority 

20 trade issues not later than 60 

21 days before such changes are to 

22 take effect; and 

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

25 and the Committee on Ways and 
45 

† HR 644 EAS 

1 Means of the House of Representa2 tives a summary of proposals to 

3 establish new priority trade issues 

4 not later than 30 days after such 

5 changes are to take effect. 

6 ‘‘(iii) DUTIES.—The duties of each Na7 tional Targeting and Analysis Group shall 

8 include— 

9 ‘‘(I) directing the trade enforce10 ment and compliance assessment ac11 tivities of U.S. Customs and Border 

12 Protection that relate to the Group’s 

13 priority trade issue; 

14 ‘‘(II) facilitating, promoting, and 

15 coordinating cooperation and the ex16 change of information between U.S. 

17 Customs and Border Protection, U.S. 

18 Immigration and Customs Enforce19 ment, and other relevant Federal de20 partments and agencies regarding the 

21 Group’s priority trade issue; and 

22 ‘‘(III) serving as the primary li23 aison between U.S. Customs and Bor24 der Protection and the public regard25 ing United States Government activi-
46 

† HR 644 EAS 

1 ties regarding the Group’s priority 

2 trade issue, including— 

3 ‘‘(aa) providing for receipt 

4 and transmission to the appro5 priate U.S. Customs and Border 

6 Protection office of allegations 

7 from interested parties in the pri8 vate sector of violations of customs 

9 and trade laws of the United 

10 States of merchandise relating to 

11 the priority trade issue; 

12 ‘‘(bb) obtaining information 

13 from the appropriate U.S. Cus14 toms and Border Protection office 

15 on the status of any activities re16 sulting from the submission of 

17 any such allegation, including 

18 any decision not to pursue the al19 legation, and providing any such 

20 information to each interested 

21 party in the private sector that 

22 submitted the allegation every 90 

23 days after the allegation was re24 ceived by U.S. Customs and Bor25 der Protection unless providing 
47 

† HR 644 EAS 

1 such information would com2 promise an ongoing law enforce3 ment investigation; and 

4 ‘‘(cc) notifying on a timely 

5 basis each interested party in the 

6 private sector that submitted such 

7 allegation of any civil or criminal 

8 actions taken by U.S. Customs 

9 and Border Protection or other 

10 Federal department or agency re11 sulting from the allegation. 

12 ‘‘(C) COMMERCIAL RISK ASSESSMENT TAR13 GETING.—In carrying out its duties with respect 

14 to commercial risk assessment targeting, the 

15 Commercial Targeting Division shall— 

16 ‘‘(i) establish targeted risk assessment 

17 methodologies and standards— 

18 ‘‘(I) for evaluating the risk that 

19 cargo destined for the United States 

20 may violate the customs and trade 

21 laws of the United States, particularly 

22 those laws applicable to merchandise 

23 subject to the priority trade issues de24 scribed in subparagraph (B)(ii); and 
48 

† HR 644 EAS 

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

2 Trade Alerts described in subpara3 graph (D); and 

4 ‘‘(ii) to the extent practicable and oth5 erwise authorized by law, use, to administer 

6 the methodologies and standards established 

7 under clause (i)— 

8 ‘‘(I) publicly available informa9 tion; 

10 ‘‘(II) information available from 

11 the Automated Commercial System, the 

12 Automated Commercial Environment 

13 computer system, the Automated Tar14 geting System, the Automated Export 

15 System, the International Trade Data 

16 System, the TECS (formerly known as 

17 the ‘Treasury Enforcement Commu18 nications System’), the case manage19 ment system of U.S. Immigration and 

20 Customs Enforcement, and any suc21 cessor systems; and 

22 ‘‘(III) information made available 

23 to the Commercial Targeting Division, 

24 including information provided by pri25 vate sector entities. 
49 

† HR 644 EAS 

1 ‘‘(D) TRADE ALERTS.— 

2 ‘‘(i) ISSUANCE.—Based upon the ap3 plication of the targeted risk assessment 

4 methodologies and standards established 

5 under subparagraph (C), the Executive Di6 rector of the Commercial Targeting Division 

7 and the Directors of the National Targeting 

8 and Analysis Groups may issue Trade 

9 Alerts to directors of United States ports of 

10 entry directing further inspection, or phys11 ical examination or testing, of specific mer12 chandise to ensure compliance with all ap13 plicable customs and trade laws and regula14 tions administered by U.S. Customs and 

15 Border Protection. 

16 ‘‘(ii) DETERMINATIONS NOT TO IMPLE17 MENT TRADE ALERTS.—The director of a 

18 United States port of entry may determine 

19 not to conduct further inspections, or phys20 ical examination or testing, pursuant to a 

21 Trade Alert issued under clause (i) if the 

22 director— 

23 ‘‘(I) finds that such a determina24 tion is justified by security interests; 

25 and 
50 

† HR 644 EAS 

1 ‘‘(II) notifies the Assistant Com2 missioner of the Office of Field Oper3 ations and the Assistant Commissioner 

4 of International Trade of U.S. Customs 

5 and Border Protection of the deter6 mination and the reasons for the deter7 mination not later than 48 hours after 

8 making the determination. 

9 ‘‘(iii) SUMMARY OF DETERMINATIONS

10 NOT TO IMPLEMENT.—The Assistant Com11 missioner of the Office of Field Operations 

12 of U.S. Customs and Border Protection 

13 shall— 

14 ‘‘(I) compile an annual public 

15 summary of all determinations by di16 rectors of United States ports of entry 

17 under clause (ii) and the reasons for 

18 those determinations; 

19 ‘‘(II) conduct an evaluation of the 

20 utilization of Trade Alerts issued 

21 under clause (i); and 

22 ‘‘(III) submit the summary to the 

23 Committee on Finance of the Senate 

24 and the Committee on Ways and 

25 Means of the House of Representatives 
51 

† HR 644 EAS 

1 not later than December 31 of each 

2 year. 

3 ‘‘(iv) INSPECTION DEFINED.—In this 

4 subparagraph, the term ‘inspection’ means 

5 the comprehensive evaluation process used 

6 by U.S. Customs and Border Protection, 

7 other than physical examination or testing, 

8 to permit the entry of merchandise into the 

9 United States, or the clearance of merchan10 dise for transportation in bond through the 

11 United States, for purposes of— 

12 ‘‘(I) assessing duties; 

13 ‘‘(II) identifying restricted or pro14 hibited items; and 

15 ‘‘(III) ensuring compliance with 

16 all applicable customs and trade laws 

17 and regulations administered by U.S. 

18 Customs and Border Protection.’’. 

19 (b) USE OF TRADE DATA FOR COMMERCIAL ENFORCE20 MENT PURPOSES.—Section 343(a)(3)(F) of the Trade Act 

21 of 2002 (19 U.S.C. 2071 note) is amended to read as follows: 

22 ‘‘(F) The information collected pursuant to 

23 the regulations shall be used exclusively for en24 suring cargo safety and security, preventing 

25 smuggling, and commercial risk assessment tar-
52 

† HR 644 EAS 

1 geting, and shall not be used for any commercial 

2 enforcement purposes, including for determining 

3 merchandise entry. Notwithstanding the pre4 ceding sentence, nothing in this section shall be 

5 treated as amending, repealing, or otherwise 

6 modifying title IV of the Tariff Act of 1930 or 

7 regulations prescribed thereunder.’’. 

8 SEC. 112. REPORT ON OVERSIGHT OF REVENUE PROTEC9 TION AND ENFORCEMENT MEASURES. 

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

11 not later than March 31 of each second year thereafter, the 

12 Inspector General of the Department of the Treasury shall 

13 submit to the Committee on Finance of the Senate and the 

14 Committee on Ways and Means of the House of Representa15 tives a report assessing, with respect to the period covered 

16 by the report, as specified in subsection (b), the following: 

17 (1) The effectiveness of the measures taken by 

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

19 protection of revenue, including— 

20 (A) the collection of countervailing duties 

21 assessed under subtitle A of title VII of the Tariff 

22 Act of 1930 (19 U.S.C. 1671 et seq.) and anti23 dumping duties assessed under subtitle B of title 

24 VII of the Tariff Act of 1930 (19 U.S.C. 1673 et 

25 seq.); 
53 

† HR 644 EAS 

1 (B) the assessment, collection, and mitiga2 tion of commercial fines and penalties; 

3 (C) the use of bonds, including continuous 

4 and single transaction bonds, to secure that rev5 enue; and 

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

7 Customs and Border Protection with respect to 

8 the monitoring and tracking of merchandise 

9 transported in bond and collecting duties, as ap10 propriate. 

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

12 Customs and Border Protection to measure account13 ability and performance with respect to protection of 

14 revenue. 

15 (3) The number and outcome of investigations 

16 instituted by U.S. Customs and Border Protection 

17 with respect to the underpayment of duties. 

18 (4) The effectiveness of training with respect to 

19 the collection of duties provided for personnel of U.S. 

20 Customs and Border Protection. 

21 (b) PERIOD COVERED BY REPORT.—Each report re22 quired by subsection (a) shall cover the period of 2 fiscal 

23 years ending on September 30 of the calendar year pre24 ceding the submission of the report. 
54 

† HR 644 EAS 

1 SEC. 113. REPORT ON SECURITY AND REVENUE MEASURES 

2 WITH RESPECT TO MERCHANDISE TRANS3 PORTED IN BOND. 

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

5 2016, 2017, and 2018, the Secretary of Homeland Security 

6 and the Secretary of the Treasury shall jointly submit to 

7 the Committee on Finance of the Senate and the Committee 

8 on Ways and Means of the House of Representatives a re9 port on efforts undertaken by U.S. Customs and Border 

10 Protection to ensure the secure transportation of merchan11 dise in bond through the United States and the collection 

12 of revenue owed upon the entry of such merchandise into 

13 the United States for consumption. 

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

15 (a) shall include, for the fiscal year preceding the submis16 sion of the report, information on— 

17 (1) the overall number of entries of merchandise 

18 for transportation in bond through the United States; 

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

20 United States for transportation in bond and at 

21 which records of the arrival of such merchandise are 

22 generated; 

23 (3) the average time taken to reconcile such 

24 records with the records at the final destination of the 

25 merchandise in the United States to demonstrate that 
55 

† HR 644 EAS 

1 the merchandise reaches its final destination or is re2 exported; 

3 (4) the average time taken to transport merchan4 dise in bond from the port at which the merchandise 

5 arrives in the United States to its final destination 

6 in the United States; 

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

8 owed with respect to shipments of merchandise trans9 ported in bond and the total amount of such duties, 

10 taxes, and fees paid; 

11 (6) the total number of notifications by carriers 

12 of merchandise being transported in bond that the 

13 destination of the merchandise has changed; and 

14 (7) the number of entries that remain 

15 unreconciled. 

16 SEC. 114. IMPORTER OF RECORD PROGRAM. 

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

18 180 days after the date of the enactment of this Act, the 

19 Secretary of Homeland Security shall establish an importer 

20 of record program to assign and maintain importer of 

21 record numbers. 

22 (b) REQUIREMENTS.—The Secretary shall ensure that, 

23 as part of the importer of record program, U.S. Customs 

24 and Border Protection— 
56 

† HR 644 EAS 

1 (1) develops criteria that importers must meet in 

2 order to obtain an importer of record number, includ3 ing— 

4 (A) criteria to ensure sufficient information 

5 is collected to allow U.S. Customs and Border 

6 Protection to verify the existence of the importer 

7 requesting the importer of record number; 

8 (B) criteria to ensure sufficient information 

9 is collected to allow U.S. Customs and Border 

10 Protection to identify linkages or other affili11 ations between importers that are requesting or 

12 have been assigned importer of record numbers; 

13 and 

14 (C) criteria to ensure sufficient information 

15 is collected to allow U.S. Customs and Border 

16 Protection to identify changes in address and 

17 corporate structure of importers; 

18 (2) provides a process by which importers are as19 signed importer of record numbers; 

20 (3) maintains a centralized database of importer 

21 of record numbers, including a history of importer of 

22 record numbers associated with each importer, and 

23 the information described in subparagraphs (A), (B), 

24 and (C) of paragraph (1); 
57 

† HR 644 EAS 

1 (4) evaluates and maintains the accuracy of the 

2 database if such information changes; and 

3 (5) takes measures to ensure that duplicate im4 porter of record numbers are not issued. 

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

6 of the enactment of this Act, the Secretary shall submit to 

7 the Committee on Finance of the Senate and the Committee 

8 on Ways and Means of the House of Representatives a re9 port on the importer of record program established under 

10 subsection (a). 

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

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

13 filing identification number described in section 24.5 of 

14 title 19, Code of Federal Regulations (or any corresponding 

15 similar regulation) that fully supports the requirements of 

16 subsection (b) with respect to the collection and mainte17 nance of information. 

18 SEC. 115. ESTABLISHMENT OF NEW IMPORTER PROGRAM. 

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

20 days after the date of the enactment of this Act, the Commis21 sioner shall establish a new importer program that directs 

22 U.S. Customs and Border Protection to adjust bond 

23 amounts for new importers based on the level of risk as24 sessed by U.S. Customs and Border Protection for protec25 tion of revenue of the Federal Government. 
58 

† HR 644 EAS 

1 (b) REQUIREMENTS.—The Commissioner shall ensure 

2 that, as part of the new importer program established under 

3 subsection (a), U.S. Customs and Border Protection— 

4 (1) develops risk-based criteria for determining 

5 which importers are considered to be new importers 

6 for the purposes of this subsection; 

7 (2) develops risk assessment guidelines for new 

8 importers to determine if and to what extent— 

9 (A) to adjust bond amounts of imported 

10 products of new importers; and 

11 (B) to increase screening of imported prod12 ucts of new importers; 

13 (3) develops procedures to ensure increased over14 sight of imported products of new importers relating 

15 to the enforcement of the priority trade issues de16 scribed in paragraph (3)(B)(ii) of section 2(d) of the 

17 Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 

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

19 Act; 

20 (4) develops procedures to ensure increased over21 sight of imported products of new importers by Cen22 ters of Excellence and Expertise established under sec23 tion 110 of this Act; and 

24 (5) establishes a centralized database of new im25 porters to ensure accuracy of information that is re-
59 

† HR 644 EAS 

1 quired to be provided by new importers to U.S. Cus2 toms and Border Protection. 

3 TITLE II—IMPORT HEALTH AND 

4 SAFETY 

5 SEC. 201. INTERAGENCY IMPORT SAFETY WORKING GROUP. 

6 (a) ESTABLISHMENT.—There is established an inter7 agency Import Safety Working Group. 

8 (b) MEMBERSHIP.—The interagency Import Safety 

9 Working Group shall consist of the following officials or 

10 their designees: 

11 (1) The Secretary of Homeland Security, who 

12 shall serve as the Chair. 

13 (2) The Secretary of Health and Human Serv14 ices, who shall serve as the Vice Chair. 

15 (3) The Secretary of the Treasury. 

16 (4) The Secretary of Commerce. 

17 (5) The Secretary of Agriculture. 

18 (6) The United States Trade Representative. 

19 (7) The Director of the Office of Management 

20 and Budget. 

21 (8) The Commissioner of Food and Drugs. 

22 (9) The Commissioner responsible for U.S. Cus23 toms and Border Protection. 

24 (10) The Chairman of the Consumer Product 

25 Safety Commission. 
60 

† HR 644 EAS 

1 (11) The Director of U.S. Immigration and Cus2 toms Enforcement. 

3 (12) The head of any other Federal agency des4 ignated by the President to participate in the inter5 agency Import Safety Working Group, as appro6 priate. 

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

8 Safety Working Group shall include— 

9 (1) consulting on the development of the joint 

10 import safety rapid response plan required by section 

11 202 of this Act; 

12 (2) periodically evaluating the adequacy of the 

13 plans, practices, and resources of the Federal Govern14 ment dedicated to ensuring the safety of merchandise 

15 imported in the United States and the expeditious 

16 entry of such merchandise, including— 

17 (A) minimizing the duplication of efforts 

18 among agencies the heads of which are members 

19 of the interagency Import Safety Working Group 

20 and ensuring the compatibility of the policies 

21 and regulations of those agencies; and 

22 (B) recommending additional administra23 tive actions, as appropriate, designed to ensure 

24 the safety of merchandise imported into the 

25 United States and the expeditious entry of such 
61 

† HR 644 EAS 

1 merchandise and considering the impact of those 

2 actions on private sector entities; 

3 (3) reviewing the engagement and cooperation of 

4 foreign governments and foreign manufacturers in fa5 cilitating the inspection and certification, as appro6 priate, of such merchandise to be imported into the 

7 United States and the facilities producing such mer8 chandise to ensure the safety of the merchandise and 

9 the expeditious entry of the merchandise into the 

10 United States; 

11 (4) identifying best practices, in consultation 

12 with private sector entities as appropriate, to assist 

13 United States importers in taking all appropriate 

14 steps to ensure the safety of merchandise imported 

15 into the United States, including with respect to— 

16 (A) the inspection of manufacturing facili17 ties in foreign countries; 

18 (B) the inspection of merchandise destined 

19 for the United States before exportation from a 

20 foreign country or before distribution in the 

21 United States; and 

22 (C) the protection of the international sup23 ply chain (as defined in section 2 of the Security 

24 and Accountability For Every Port Act of 2006 

25 (6 U.S.C. 901)); 
62 

† HR 644 EAS 

1 (5) identifying best practices to assist Federal, 

2 State, and local governments and agencies, and port 

3 authorities, to improve communication and coordina4 tion among such agencies and authorities with respect 

5 to ensuring the safety of merchandise imported into 

6 the United States and the expeditious entry of such 

7 merchandise; and 

8 (6) otherwise identifying appropriate steps to in9 crease the accountability of United States importers 

10 and the engagement of foreign government agencies 

11 with respect to ensuring the safety of merchandise im12 ported into the United States and the expeditious 

13 entry of such merchandise. 

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

15 (a) IN GENERAL.—Not later than December 31, 2016, 

16 the Secretary of Homeland Security, in consultation with 

17 the interagency Import Safety Working Group, shall de18 velop a plan (to be known as the ‘‘joint import safety rapid 

19 response plan’’) that sets forth protocols and defines prac20 tices for U.S. Customs and Border Protection to use— 

21 (1) in taking action in response to, and coordi22 nating Federal responses to, an incident in which 

23 cargo destined for or merchandise entering the United 

24 States has been identified as posing a threat to the 
63 

† HR 644 EAS 

1 health or safety of consumers in the United States; 

2 and 

3 (2) in recovering from or mitigating the effects 

4 of actions and responses to an incident described in 

5 paragraph (1). 

6 (b) CONTENTS.—The joint import safety rapid re7 sponse plan shall address— 

8 (1) the statutory and regulatory authorities and 

9 responsibilities of U.S. Customs and Border Protec10 tion and other Federal agencies in responding to an 

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

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

13 Customs and Border Protection when taking action in 

14 response to, and coordinating Federal responses to, 

15 such an incident; 

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

17 and Border Protection and other Federal agencies in 

18 recovering from or mitigating the effects of actions 

19 taken in response to such an incident after the inci20 dent to ensure the resumption of the entry of mer21 chandise into the United States; and 

22 (4) exercises that U.S. Customs and Border Pro23 tection may conduct in conjunction with Federal, 

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

25 to simulate responses to such an incident. 
64 

† HR 644 EAS 

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

2 Security shall review and update the joint import safety 

3 rapid response plan, as appropriate, after conducting exer4 cises under subsection (d). 

5 (d) IMPORT HEALTH AND SAFETY EXERCISES.— 

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

7 Security and the Commissioner shall periodically en8 gage in the exercises referred to in subsection (b)(4), 

9 in conjunction with Federal, State, and local agencies 

10 and private sector entities, as appropriate, to test and 

11 evaluate the protocols and practices identified in the 

12 joint import safety rapid response plan at United 

13 States ports of entry. 

14 (2) REQUIREMENTS FOR EXERCISES.—In con15 ducting exercises under paragraph (1), the Secretary 

16 and the Commissioner shall— 

17 (A) make allowance for the resources, needs, 

18 and constraints of United States ports of entry 

19 of different sizes in representative geographic lo20 cations across the United States; 

21 (B) base evaluations on current risk assess22 ments of merchandise entering the United States 

23 at representative United States ports of entry lo24 cated across the United States; 
65 

† HR 644 EAS 

1 (C) ensure that such exercises are conducted 

2 in a manner consistent with the National Inci3 dent Management System, the National Response 

4 Plan, the National Infrastructure Protection 

5 Plan, the National Preparedness Guidelines, the 

6 Maritime Transportation System Security Plan, 

7 and other such national initiatives of the De8 partment of Homeland Security, as appropriate; 

9 and 

10 (D) develop metrics with respect to the re11 sumption of the entry of merchandise into the 

12 United States after an incident described in sub13 section (a)(1). 

14 (3) REQUIREMENTS FOR TESTING AND EVALUA15 TION.—The Secretary and the Commissioner shall en16 sure that the testing and evaluation carried out in 

17 conducting exercises under paragraph (1)— 

18 (A) are performed using clear and objective 

19 performance measures; and 

20 (B) result in the identification of specific 

21 recommendations or best practices for responding 

22 to an incident described in subsection (a)(1). 

23 (4) DISSEMINATION OF RECOMMENDATIONS AND

24 BEST PRACTICES.—The Secretary and the Commis25 sioner shall— 
66 

† HR 644 EAS 

1 (A) share the recommendations or best prac2 tices identified under paragraph (3)(B) among 

3 the members of the interagency Import Safety 

4 Working Group and with, as appropriate— 

5 (i) State, local, and tribal govern6 ments; 

7 (ii) foreign governments; and 

8 (iii) private sector entities; and 

9 (B) use such recommendations and best 

10 practices to update the joint import safety rapid 

11 response plan. 

12 SEC. 203. TRAINING. 

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

14 Customs and Border Protection assigned to United States 

15 ports of entry are trained to effectively administer the pro16 visions of this title and to otherwise assist in ensuring the 

17 safety of merchandise imported into the United States and 

18 the expeditious entry of such merchandise. 

19 TITLE III—IMPORT-RELATED 

20 PROTECTION OF INTELLEC21 TUAL PROPERTY RIGHTS 

22 SEC. 301. DEFINITION OF INTELLECTUAL PROPERTY 

23 RIGHTS. 

24 In this title, the term ‘‘intellectual property rights’’ re25 fers to copyrights, trademarks, and other forms of intellec-
67 

† HR 644 EAS 

1 tual property rights that are enforced by U.S. Customs and 

2 Border Protection or U.S. Immigration and Customs En3 forcement. 

4 SEC. 302. EXCHANGE OF INFORMATION RELATED TO TRADE 

5 ENFORCEMENT. 

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

7 by inserting after section 628 (19 U.S.C. 1628) the fol8 lowing new section: 

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

10 TRADE ENFORCEMENT. 

11 ‘‘(a) IN GENERAL.—Subject to subsections (c) and (d), 

12 if the Commissioner responsible for U.S. Customs and Bor13 der Protection suspects that merchandise is being imported 

14 into the United States in violation of section 526 of this 

15 Act or section 602, 1201(a)(2), or 1201(b)(1) of title 17, 

16 United States Code, and determines that the examination 

17 or testing of the merchandise by a person described in sub18 section (b) would assist the Commissioner in determining 

19 if the merchandise is being imported in violation of that 

20 section, the Commissioner, to permit the person to conduct 

21 the examination and testing— 

22 ‘‘(1) shall provide to the person information that 

23 appears on the merchandise and its packaging and 

24 labels, including unredacted images of the merchan25 dise and its packaging and labels; and 
68 

† HR 644 EAS 

1 ‘‘(2) may, subject to any applicable bonding re2 quirements, provide to the person unredacted samples 

3 of the merchandise. 

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

5 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 purpose 

16 of circumventing a technological measure that effec17 tively controls access to a work protected under that 

18 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 purpose 

23 of circumventing protection afforded by a techno24 logical measure that effectively protects a right of an 

25 owner of a copyright in a work or a portion of a 
69 

† HR 644 EAS 

1 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 trademark 

5 or copyright that is recorded with U.S. Customs and Border 

6 Protection. 

7 ‘‘(d) EXCEPTION.—The Commissioner may not pro8 vide under subsection (a) information, photographs, or sam9 ples to a person described in subsection (b) if providing such 

10 information, photographs, or samples would compromise an 

11 ongoing law enforcement investigation or national secu12 rity.’’. 

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

15 112–81 (125 Stat. 1496), paragraph (1) of that section shall 

16 have no force or effect on or after the date of the enactment 

17 of this Act. 

18 SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES. 

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

20 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: 
70 

† HR 644 EAS 

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 pro15 vided to copyright owners under regulations of U.S. 

16 Customs and Border Protection for merchandise 

17 seized for violation of the copyright laws. 

18 (2) PERSONS TO BE PROVIDED INFORMATION.— 

19 Any person injured by the violation of (a)(2) or 

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

21 that resulted in the seizure of the merchandise shall 

22 be provided information under paragraph (1), if that 

23 person is included on a list maintained by the Com24 missioner that is revised annually through publica25 tion in the Federal Register. 
71 

† HR 644 EAS 

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 subsection. 

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

6 PROTECTION OF WORKS FOR WHICH COPY7 RIGHT REGISTRATION IS PENDING. 

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

9 of the enactment of this Act, the Secretary of Homeland Se10 curity shall authorize a process pursuant to which the Com11 missioner shall enforce a copyright for which the owner has 

12 submitted an application for registration under title 17, 

13 United States Code, with the United States Copyright Of14 fice, to the same extent and in the same manner as if the 

15 copyright were registered with the Copyright Office, includ16 ing by sharing information, images, and samples of mer17 chandise suspected of infringing the copyright under section 

18 628A of the Tariff Act of 1930, as added by section 302. 

19 SEC. 305. NATIONAL INTELLECTUAL PROPERTY RIGHTS CO20 ORDINATION CENTER. 

21 (a) ESTABLISHMENT.—The Secretary of Homeland 

22 Security shall— 

23 (1) establish within U.S. Immigration and Cus24 toms Enforcement a National Intellectual Property 

25 Rights Coordination Center; and 
72 

† HR 644 EAS 

1 (2) appoint an Assistant Director to head the 

2 National Intellectual Property Rights Coordination 

3 Center. 

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

5 Intellectual Property Rights Coordination Center shall— 

6 (1) coordinate the investigation of sources of 

7 merchandise that infringe intellectual property rights 

8 to identify organizations and individuals that 

9 produce, smuggle, or distribute such merchandise; 

10 (2) conduct and coordinate training with other 

11 domestic and international law enforcement agencies 

12 on investigative best practices— 

13 (A) to develop and expand the capability of 

14 such agencies to enforce intellectual property 

15 rights; and 

16 (B) to develop metrics to assess whether the 

17 training improved enforcement of intellectual 

18 property rights; 

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

20 Protection, activities conducted by the United States 

21 to prevent the importation or exportation of merchan22 dise that infringes intellectual property rights; 

23 (4) support the international interdiction of 

24 merchandise destined for the United States that in25 fringes intellectual property rights; 
73 

† HR 644 EAS 

1 (5) collect and integrate information regarding 

2 infringement of intellectual property rights from do3 mestic and international law enforcement agencies 

4 and other non-Federal sources; 

5 (6) develop a means to receive and organize in6 formation regarding infringement of intellectual 

7 property rights from such agencies and other sources; 

8 (7) disseminate information regarding infringe9 ment of intellectual property rights to other Federal 

10 agencies, as appropriate; 

11 (8) develop and implement risk-based alert sys12 tems, in coordination with U.S. Customs and Border 

13 Protection, to improve the targeting of persons that 

14 repeatedly infringe intellectual property rights; 

15 (9) coordinate with the offices of United States 

16 attorneys in order to develop expertise in, and assist 

17 with the investigation and prosecution of, crimes re18 lating to the infringement of intellectual property 

19 rights; and 

20 (10) carry out such other duties as the Secretary 

21 of Homeland Security may assign. 

22 (c) COORDINATION WITH OTHER AGENCIES.—In car23 rying out the duties described in subsection (b), the Assist24 ant Director of the National Intellectual Property Rights 

25 Coordination Center shall coordinate with— 
74 

† HR 644 EAS 

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

2 (2) the Food and Drug Administration; 

3 (3) the Department of Justice; 

4 (4) the Department of Commerce, including the 

5 United States Patent and Trademark Office; 

6 (5) the United States Postal Inspection Service; 

7 (6) the Office of the United States Trade Rep8 resentative; 

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

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

11 Immigration and Customs Enforcement considers ap12 propriate; and 

13 (8) any other entities that the Director considers 

14 appropriate. 

15 (d) PRIVATE SECTOR OUTREACH.— 

16 (1) IN GENERAL.—The Assistant Director of the 

17 National Intellectual Property Rights Coordination 

18 Center shall work with U.S. Customs and Border Pro19 tection and other Federal agencies to conduct outreach 

20 to private sector entities in order to determine trends 

21 in and methods of infringing intellectual property 

22 rights. 

23 (2) INFORMATION SHARING.—The Assistant Di24 rector shall share information and best practices with 

25 respect to the enforcement of intellectual property 
75 

† HR 644 EAS 

1 rights with private sector entities, as appropriate, in 

2 order to coordinate public and private sector efforts to 

3 combat the infringement of intellectual property 

4 rights. 

5 SEC. 306. JOINT STRATEGIC PLAN FOR THE ENFORCEMENT 

6 OF INTELLECTUAL PROPERTY RIGHTS. 

7 The Commissioner and the Director of U.S. Immigra8 tion and Customs Enforcement shall include in the joint 

9 strategic plan required by section 105 of this Act— 

10 (1) a description of the efforts of the Department 

11 of Homeland Security to enforce intellectual property 

12 rights; 

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

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

15 seized the most merchandise, both by volume and by 

16 value, that infringes intellectual property rights dur17 ing the most recent 2-year period for which data are 

18 available; and 

19 (3) a recommendation for the optimal allocation 

20 of personnel, resources, and technology to ensure that 

21 U.S. Customs and Border Protection and U.S. Immi22 gration and Customs Enforcement are adequately en23 forcing intellectual property rights. 
76 

† HR 644 EAS 

1 SEC. 307. PERSONNEL DEDICATED TO THE ENFORCEMENT 

2 OF INTELLECTUAL PROPERTY RIGHTS. 

3 (a) PERSONNEL OF U.S. CUSTOMS AND BORDER PRO4 TECTION.—The Commissioner and the Director of U.S. Im5 migration and Customs Enforcement shall ensure that suffi6 cient personnel are assigned throughout U.S. Customs and 

7 Border Protection and U.S. Immigration and Customs En8 forcement, respectively, who have responsibility for pre9 venting the importation into the United States of merchan10 dise that infringes intellectual property rights. 

11 (b) STAFFING OF NATIONAL INTELLECTUAL PROPERTY

12 RIGHTS COORDINATION CENTER.—The Commissioner 

13 shall— 

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

15 of U.S. Customs and Border Protection to the Na16 tional Intellectual Property Rights Coordination Cen17 ter established under section 305 of this Act; and 

18 (2) ensure that sufficient personnel are assigned 

19 to United States ports of entry to carry out the direc20 tives of the Center. 

21 SEC. 308. TRAINING WITH RESPECT TO THE ENFORCEMENT 

22 OF INTELLECTUAL PROPERTY RIGHTS. 

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

24 officers of U.S. Customs and Border Protection are trained 

25 to effectively detect and identify merchandise destined for 

26 the United States that infringes intellectual property rights, 
77 

† HR 644 EAS 

1 including through the use of technologies identified under 

2 subsection (c). 

3 (b) CONSULTATION WITH PRIVATE SECTOR.—The 

4 Commissioner shall consult with private sector entities to 

5 better identify opportunities for collaboration between U.S. 

6 Customs and Border Protection and such entities with re7 spect to training for officers of U.S. Customs and Border 

8 Protection in enforcing intellectual property rights. 

9 (c) IDENTIFICATION OF NEW TECHNOLOGIES.—In con10 sultation with private sector entities, the Commissioner 

11 shall identify— 

12 (1) technologies with the cost-effective capability 

13 to detect and identify merchandise at United States 

14 ports of entry that infringes intellectual property 

15 rights; and 

16 (2) cost-effective programs for training officers of 

17 U.S. Customs and Border Protection to use such tech18 nologies. 

19 (d) DONATIONS OF TECHNOLOGY.—Not later than the 

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

21 this Act, the Commissioner shall prescribe regulations to en22 able U.S. Customs and Border Protection to receive dona23 tions of hardware, software, equipment, and similar tech24 nologies, and to accept training and other support services, 
78 

† HR 644 EAS 

1 from private sector entities, for the purpose of enforcing in2 tellectual property rights. 

3 SEC. 309. INTERNATIONAL COOPERATION AND INFORMA4 TION SHARING. 

5 (a) COOPERATION.—The Secretary of Homeland Secu6 rity shall coordinate with the competent law enforcement 

7 and customs authorities of foreign countries, including by 

8 sharing information relevant to enforcement actions, to en9 hance the efforts of the United States and such authorities 

10 to enforce intellectual property rights. 

11 (b) TECHNICAL ASSISTANCE.—The Secretary of Home12 land Security shall provide technical assistance to com13 petent law enforcement and customs authorities of foreign 

14 countries to enhance the ability of such authorities to en15 force intellectual property rights. 

16 (c) INTERAGENCY COLLABORATION.—The Commis17 sioner and the Director of U.S. Immigration and Customs 

18 Enforcement shall lead interagency efforts to collaborate 

19 with law enforcement and customs authorities of foreign 

20 countries to enforce intellectual property rights. 

21 SEC. 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS 

22 ENFORCEMENT. 

23 Not later than June 30, 2016, and annually thereafter, 

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

25 and Customs Enforcement shall jointly submit to the Com-
79 

† HR 644 EAS 

1 mittee on Finance of the Senate and the Committee on 

2 Ways and Means of the House of Representatives a report 

3 that contains the following: 

4 (1) With respect to the enforcement of intellectual 

5 property rights, the following: 

6 (A) The number of referrals from U.S. Cus7 toms and Border Protection to U.S. Immigration 

8 and Customs Enforcement relating to infringe9 ment of intellectual property rights during the 

10 preceding year. 

11 (B) The number of investigations relating to 

12 the infringement of intellectual property rights 

13 referred by U.S. Immigration and Customs En14 forcement to a United States attorney for pros15 ecution and the United States attorneys to which 

16 those investigations were referred. 

17 (C) The number of such investigations ac18 cepted by each such United States attorney and 

19 the status or outcome of each such investigation. 

20 (D) The number of such investigations that 

21 resulted in the imposition of civil or criminal 

22 penalties. 

23 (E) A description of the efforts of U.S. Cus24 toms and Border Protection and U.S. Immigra25 tion and Customs Enforcement to improve the 
80 

† HR 644 EAS 

1 success rates of investigations and prosecutions 

2 relating to the infringement of intellectual prop3 erty rights. 

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

5 the Office of International Trade of U.S. Customs and 

6 Border Protection to respond to a request from port 

7 personnel for advice with respect to whether merchan8 dise detained by U.S. Customs and Border Protection 

9 infringed intellectual property rights, distinguished 

10 by types of intellectual property rights infringed. 

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

12 Customs and Border Protection and U.S. Immigra13 tion and Customs Enforcement with respect to— 

14 (A) the interdiction and investigation of, 

15 and the sharing of information between those 

16 agencies and other Federal agencies to prevent 

17 the infringement of intellectual property rights; 

18 (B) collaboration with private sector enti19 ties— 

20 (i) to identify trends in the infringe21 ment of, and technologies that infringe, in22 tellectual property rights; 

23 (ii) to identify opportunities for en24 hanced training of officers of U.S. Customs 
81 

† HR 644 EAS 

1 and Border Protection and U.S. Immigra2 tion and Customs Enforcement; and 

3 (iii) to develop best practices to enforce 

4 intellectual property rights; and 

5 (C) coordination with foreign governments 

6 and international organizations with respect to 

7 the enforcement of intellectual property rights. 

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

9 and Border Protection and U.S. Immigration and 

10 Customs Enforcement to address the challenges with 

11 respect to the enforcement of intellectual property 

12 rights presented by Internet commerce and the transit 

13 of small packages and an identification of the volume, 

14 value, and type of merchandise seized for infringing 

15 intellectual property rights as a result of such efforts. 

16 (5) A summary of training relating to the en17 forcement of intellectual property rights conducted 

18 under section 308 of this Act and expenditures for 

19 such training. 

20 SEC. 311. INFORMATION FOR TRAVELERS REGARDING VIO21 LATIONS OF INTELLECTUAL PROPERTY 

22 RIGHTS. 

23 (a) IN GENERAL.—The Secretary of Homeland Secu24 rity shall develop and carry out an educational campaign 

25 to inform travelers entering or leaving the United States 
82 

† HR 644 EAS 

1 about the legal, economic, and public health and safety im2 plications of acquiring merchandise that infringes intellec3 tual property rights outside the United States and import4 ing such merchandise into the United States in violation 

5 of United States law. 

6 (b) DECLARATION FORMS.—The Commissioner shall 

7 ensure that all versions of Declaration Form 6059B of U.S. 

8 Customs and Border Protection, or a successor form, includ9 ing any electronic equivalent of Declaration Form 6059B 

10 or a successor form, printed or displayed on or after the 

11 date that is 30 days after the date of the enactment of this 

12 Act include a written warning to inform travelers arriving 

13 in the United States that importation of merchandise into 

14 the United States that infringes intellectual property rights 

15 may subject travelers to civil or criminal penalties and may 

16 pose serious risks to safety or health. 

17 TITLE IV—EVASION OF ANTI18 DUMPING AND COUNTER19 VAILING DUTY ORDERS 

20 SEC. 401. SHORT TITLE. 

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

22 Reducing Customs Evasion Act of 2015’’. 
83 

† HR 644 EAS 

1 SEC. 402. PROCEDURES FOR INVESTIGATING CLAIMS OF 

2 EVASION OF ANTIDUMPING AND COUNTER3 VAILING DUTY ORDERS. 

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

5 by inserting after section 516A (19 U.S.C. 1516a) the fol6 lowing: 

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

8 EVASION OF ANTIDUMPING AND COUNTER9 VAILING DUTY ORDERS. 

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

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

12 ‘administering authority’ has the meaning given that 

13 term in section 771(1). 

14 ‘‘(2) COMMISSIONER.—The term ‘Commissioner’ 

15 means the Commissioner responsible for U.S. Customs 

16 and Border Protection, acting pursuant to the delega17 tion by the Secretary of the Treasury of the authority 

18 of the Secretary with respect to customs revenue func19 tions (as defined in section 415 of the Homeland Se20 curity Act of 2002 (6 U.S.C. 215)). 

21 ‘‘(3) COVERED MERCHANDISE.—The term ‘cov22 ered merchandise’ means merchandise that is subject 

23 to— 

24 ‘‘(A) an antidumping duty order issued 

25 under section 736; 
84 

† HR 644 EAS 

1 ‘‘(B) a finding issued under the Anti2 dumping Act, 1921; or 

3 ‘‘(C) a countervailing duty order issued 

4 under section 706. 

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

6 ‘entry’ refer to the entry, or withdrawal from ware7 house for consumption, of merchandise in the customs 

8 territory of the United States. 

9 ‘‘(5) EVASION.— 

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

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

12 entering covered merchandise into the customs 

13 territory of the United States by means of any 

14 document or electronically transmitted data or 

15 information, written or oral statement, or act 

16 that is material and false, or any omission that 

17 is material, and that results in any cash deposit 

18 or other security or any amount of applicable 

19 antidumping or countervailing duties being re20 duced or not being applied with respect to the 

21 merchandise. 

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

23 ‘‘(i) IN GENERAL.—Except as provided 

24 in clause (ii), the term ‘evasion’ does not 

25 include entering covered merchandise into 
85 

† HR 644 EAS 

1 the customs territory of the United States 

2 by means of— 

3 ‘‘(I) a document or electronically 

4 transmitted data or information, writ5 ten or oral statement, or act that is 

6 false as a result of a clerical error; or 

7 ‘‘(II) an omission that results 

8 from a clerical error. 

9 ‘‘(ii) PATTERNS OF NEGLIGENT CON10 DUCT.—If the Commissioner determines 

11 that a person has entered covered merchan12 dise into the customs territory of the United 

13 States by means of a clerical error referred 

14 to in subclause (I) or (II) of clause (i) and 

15 that the clerical error is part of a pattern 

16 of negligent conduct on the part of that per17 son, the Commissioner may determine, not18 withstanding clause (i), that the person has 

19 entered such covered merchandise into the 

20 customs territory of the United States 

21 through evasion. 

22 ‘‘(iii) ELECTRONIC REPETITION OF ER23 RORS.—For purposes of clause (ii), the mere 

24 nonintentional repetition by an electronic 
86 

† HR 644 EAS 

1 system of an initial clerical error does not 

2 constitute a pattern of negligent conduct. 

3 ‘‘(iv) RULE OF CONSTRUCTION.—A de4 termination by the Commissioner that a 

5 person has entered covered merchandise into 

6 the customs territory of the United States 

7 by means of a clerical error referred to in 

8 subclause (I) or (II) of clause (i) rather 

9 than through evasion shall not be construed 

10 to excuse that person from the payment of 

11 any duties applicable to the merchandise. 

12 ‘‘(6) INTERESTED PARTY.— 

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

14 party’ means— 

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

16 wholesaler in the United States of a domes17 tic like product; 

18 ‘‘(ii) a certified union or recognized 

19 union or group of workers that is represent20 ative of an industry engaged in the manu21 facture, production, or wholesale in the 

22 United States of a domestic like product; 

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

24 majority of whose members manufacture, 
87 

† HR 644 EAS 

1 produce, or wholesale a domestic like prod2 uct in the United States; 

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

4 whose members is composed of interested 

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

6 with respect to a domestic like product; and 

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

8 processed agricultural product, as defined 

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

10 association that is representative of either— 

11 ‘‘(I) processors; 

12 ‘‘(II) processors and producers; or 

13 ‘‘(III) processors and growers, 

14 but this clause shall cease to have effect if 

15 the United States Trade Representative no16 tifies the administering authority and the 

17 Commission that the application of this 

18 clause is inconsistent with the international 

19 obligations of the United States. 

20 ‘‘(B) DOMESTIC LIKE PRODUCT.—For pur21 poses of subparagraph (A), the term ‘domestic 

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

23 the absence of like, most similar in characteris24 tics and uses with, covered merchandise. 

25 ‘‘(b) INVESTIGATIONS.— 
88 

† HR 644 EAS 

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

2 days after receiving an allegation described in para3 graph (2) or a referral described in paragraph (3), 

4 the Commissioner shall initiate an investigation if 

5 the Commissioner determines that the information 

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

7 may be, reasonably suggests that covered merchandise 

8 has been entered into the customs territory of the 

9 United States through evasion. 

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

11 described in this paragraph is an allegation that a 

12 person has entered covered merchandise into the cus13 toms territory of the United States through evasion 

14 that is— 

15 ‘‘(A) filed with the Commissioner by an in16 terested party; and 

17 ‘‘(B) accompanied by information reason18 ably available to the party that filed the allega19 tion. 

20 ‘‘(3) REFERRAL DESCRIBED.—A referral de21 scribed in this paragraph is information submitted to 

22 the Commissioner by any other Federal agency, in23 cluding the Department of Commerce or the United 

24 States International Trade Commission, that reason25 ably suggests that a person has entered covered mer-
89 

† HR 644 EAS 

1 chandise into the customs territory of the United 

2 States through evasion. 

3 ‘‘(4) CONSOLIDATION OF ALLEGATIONS AND RE4 FERRALS.— 

5 ‘‘(A) IN GENERAL.—The Commissioner may 

6 consolidate multiple allegations described in 

7 paragraph (2) and referrals described in para8 graph (3) into a single investigation if the Com9 missioner determines it is appropriate to do so. 

10 ‘‘(B) EFFECT ON TIMING REQUIREMENTS.— 

11 If the Commissioner consolidates multiple allega12 tions or referrals into a single investigation 

13 under subparagraph (A), the date on which the 

14 Commissioner receives the first such allegation or 

15 referral shall be used for purposes of the require16 ment under paragraph (1) with respect to the 

17 timing of the initiation of the investigation. 

18 ‘‘(5) INFORMATION-SHARING TO PROTECT

19 HEALTH AND SAFETY.—If, during the course of con20 ducting an investigation under paragraph (1) with 

21 respect to covered merchandise, the Commissioner has 

22 reason to suspect that such covered merchandise may 

23 pose a health or safety risk to consumers, the Commis24 sioner shall provide, as appropriate, information to 
90 

† HR 644 EAS 

1 the appropriate Federal agencies for purposes of miti2 gating the risk. 

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

4 ‘‘(A) IN GENERAL.—Upon request, the Com5 missioner shall provide technical assistance and 

6 advice to eligible small businesses to enable such 

7 businesses to prepare and submit allegations de8 scribed in paragraph (2), except that the Com9 missioner may deny assistance if the Commis10 sioner concludes that the allegation, if submitted, 

11 would not lead to the initiation of an investiga12 tion under this subsection or any other action to 

13 address the allegation. 

14 ‘‘(B) ELIGIBLE SMALL BUSINESS DE15 FINED.— 

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

17 the term ‘eligible small business’ means any 

18 business concern that the Commissioner de19 termines, due to its small size, has neither 

20 adequate internal resources nor the finan21 cial ability to obtain qualified outside as22 sistance in preparing and filing allegations 

23 described in paragraph (2). 

24 ‘‘(ii) NON-REVIEWABILITY.—The deter25 mination of the Commissioner regarding 
91 

† HR 644 EAS 

1 whether a business concern is an eligible 

2 small business for purposes of this para3 graph is not reviewable by any other agency 

4 or by any court. 

5 ‘‘(c) DETERMINATIONS.— 

6 ‘‘(1) IN GENERAL.—Not later than 270 calendar 

7 days after the date on which the Commissioner initi8 ates an investigation under subsection (b) with re9 spect to covered merchandise, the Commissioner shall 

10 make a determination, based on substantial evidence, 

11 with respect to whether such covered merchandise was 

12 entered into the customs territory of the United States 

13 through evasion. 

14 ‘‘(2) AUTHORITY TO COLLECT AND VERIFY ADDI15 TIONAL INFORMATION.—In making a determination 

16 under paragraph (1) with respect to covered merchan17 dise, the Commissioner may collect such additional 

18 information as is necessary to make the determina19 tion through such methods as the Commissioner con20 siders appropriate, including by— 

21 ‘‘(A) issuing a questionnaire with respect to 

22 such covered merchandise to— 

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

24 allegation under paragraph (2) of sub25 section (b) that resulted in the initiation of 
92 

† HR 644 EAS 

1 an investigation under paragraph (1) of 

2 that subsection with respect to such covered 

3 merchandise; 

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

5 such covered merchandise into the customs 

6 territory of the United States through eva7 sion; 

8 ‘‘(iii) a person that is a foreign pro9 ducer or exporter of such covered merchan10 dise; or 

11 ‘‘(iv) the government of a country from 

12 which such covered merchandise was ex13 ported; and 

14 ‘‘(B) conducting verifications, including on15 site verifications, of any relevant information. 

16 ‘‘(3) ADVERSE INFERENCE.—If the Commis17 sioner finds that a party or person described in clause 

18 (i), (ii), or (iii) of paragraph (2)(A) has failed to co19 operate by not acting to the best of the party or per20 son’s ability to comply with a request for informa21 tion, the Commissioner may, in making a determina22 tion under paragraph (1), use an inference that is ad23 verse to the interests of that party or person in select24 ing from among the facts otherwise available to make 

25 the determination. 
93 

† HR 644 EAS 

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

2 days after making a determination under paragraph 

3 (1) with respect to covered merchandise, the Commis4 sioner— 

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

6 that filed an allegation under paragraph (2) of 

7 subsection (b) that resulted in the initiation of 

8 an investigation under paragraph (1) of that 

9 subsection with respect to such covered merchan10 dise a notification of the determination and 

11 may, in addition, include an explanation of the 

12 basis for the determination; and 

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

14 manner as the Commissioner determines appro15 priate, information discovered in the investiga16 tion that the Commissioner determines will help 

17 educate importers with respect to importing mer18 chandise into the customs territory of the United 

19 States in accordance with all applicable laws 

20 and regulations. 

21 ‘‘(d) EFFECT OF DETERMINATIONS.— 

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

23 determination under subsection (c) that covered mer24 chandise was entered into the customs territory of the 
94 

† HR 644 EAS 

1 United States through evasion, the Commissioner 

2 shall— 

3 ‘‘(A)(i) suspend the liquidation of unliqui4 dated entries of such covered merchandise that 

5 are subject to the determination and that enter 

6 on or after the date of the initiation of the inves7 tigation under subsection (b) with respect to such 

8 covered merchandise and on or before the date of 

9 the determination; or 

10 ‘‘(ii) if the Commissioner has already sus11 pended the liquidation of such entries pursuant 

12 to subsection (e)(1), continue to suspend the liq13 uidation of such entries; 

14 ‘‘(B) pursuant to the Commissioner’s au15 thority under section 504(b)— 

16 ‘‘(i) extend the period for liquidating 

17 unliquidated entries of such covered mer18 chandise that are subject to the determina19 tion and that entered before the date of the 

20 initiation of the investigation; or 

21 ‘‘(ii) if the Commissioner has already 

22 extended the period for liquidating such en23 tries pursuant to subsection (e)(1), continue 

24 to extend the period for liquidating such en25 tries; 
95 

† HR 644 EAS 

1 ‘‘(C) notify the administering authority of 

2 the determination and request that the admin3 istering authority— 

4 ‘‘(i) identify the applicable anti5 dumping or countervailing duty assessment 

6 rates for entries described in subparagraphs 

7 (A) and (B); or 

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

9 such an entry is available at the time, iden10 tify the applicable cash deposit rate to be 

11 applied to the entry, with the applicable 

12 antidumping or countervailing duty assess13 ment rate to be provided as soon as that 

14 rate becomes available; 

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

16 and assess duties on entries described in sub17 paragraphs (A) and (B) in accordance with the 

18 instructions received from the administering au19 thority under paragraph (2); and 

20 ‘‘(E) take such additional enforcement 

21 measures as the Commissioner determines appro22 priate, such as— 

23 ‘‘(i) initiating proceedings under sec24 tion 592 or 596; 
96 

† HR 644 EAS 

1 ‘‘(ii) implementing, in consultation 

2 with the relevant Federal agencies, rule sets 

3 or modifications to rules sets for identi4 fying, particularly through the Automated 

5 Targeting System and the Automated Com6 mercial Environment authorized under sec7 tion 13031(f) of the Consolidated Omnibus 

8 Budget Reconciliation Act of 1985 (19 

9 U.S.C. 58c(f)), importers, other parties, and 

10 merchandise that may be associated with 

11 evasion; 

12 ‘‘(iii) requiring, with respect to mer13 chandise for which the importer has repeat14 edly provided incomplete or erroneous entry 

15 summary information in connection with 

16 determinations of evasion, the importer to 

17 deposit estimated duties at the time of 

18 entry; and 

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

20 in part to U.S. Immigration and Customs 

21 Enforcement for civil or criminal investiga22 tion. 

23 ‘‘(2) COOPERATION OF ADMINISTERING AUTHOR24 ITY.— 
97 

† HR 644 EAS 

1 ‘‘(A) IN GENERAL.—Upon receiving a noti2 fication from the Commissioner under paragraph 

3 (1)(C), the administering authority shall 

4 promptly provide to the Commissioner the appli5 cable cash deposit rates and antidumping or 

6 countervailing duty assessment rates and any 

7 necessary liquidation instructions. 

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

9 THE PRODUCER OR EXPORTER IS UNKNOWN.—If 

10 the Commissioner and the administering author11 ity are unable to determine the producer or ex12 porter of the merchandise with respect to which 

13 a notification is made under paragraph (1)(C), 

14 the administering authority shall identify, as the 

15 applicable cash deposit rate or antidumping or 

16 countervailing duty assessment rate, the cash de17 posit or duty (as the case may be) in the highest 

18 amount applicable to any producer or exporter, 

19 including the ‘all-others’ rate of the merchandise 

20 subject to an antidumping order or counter21 vailing duty order under section 736 or 706, re22 spectively, or a finding issued under the Anti23 dumping Act, 1921, or any administrative re24 view conducted under section 751. 
98 

† HR 644 EAS 

1 ‘‘(e) INTERIM MEASURES.—Not later than 90 calendar 

2 days after initiating an investigation under subsection (b) 

3 with respect to covered merchandise, the Commissioner shall 

4 decide based on the investigation if there is a reasonable 

5 suspicion that such covered merchandise was entered into 

6 the customs territory of the United States through evasion 

7 and, if the Commissioner decides there is such a reasonable 

8 suspicion, the Commissioner shall— 

9 ‘‘(1) suspend the liquidation of each unliquidated 

10 entry of such covered merchandise that entered on or 

11 after the date of the initiation of the investigation; 

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

13 under section 504(b), extend the period for liquidating 

14 each unliquidated entry of such covered merchandise 

15 that entered before the date of the initiation of the in16 vestigation; and 

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

18 under section 623, take such additional measures as 

19 the Commissioner determines necessary to protect the 

20 revenue of the United States, including requiring a 

21 single transaction bond or additional security or the 

22 posting of a cash deposit with respect to such covered 

23 merchandise. 

24 ‘‘(f) ADMINISTRATIVE REVIEW.— 
99 

† HR 644 EAS 

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

2 days after the Commissioner makes a determination 

3 under subsection (c) with respect to whether covered 

4 merchandise was entered into the customs territory of 

5 the United States through evasion, a person deter6 mined to have entered such covered merchandise 

7 through evasion or an interested party that filed an 

8 allegation under paragraph (2) of subsection (b) that 

9 resulted in the initiation of an investigation under 

10 paragraph (1) of that subsection with respect to such 

11 covered merchandise may file an appeal with the 

12 Commissioner for de novo review of the determina13 tion. 

14 ‘‘(2) TIMELINE FOR REVIEW.—Not later than 60 

15 business days after an appeal of a determination is 

16 filed under paragraph (1), the Commissioner shall 

17 complete the review of the determination. 

18 ‘‘(g) JUDICIAL REVIEW.— 

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

20 days after the Commissioner completes a review under 

21 subsection (f) of a determination under subsection (c) 

22 with respect to whether covered merchandise was en23 tered into the customs territory of the United States 

24 through evasion, a person determined to have entered 

25 such covered merchandise through evasion or an in-
100 

† HR 644 EAS 

1 terested party that filed an allegation under para2 graph (2) of subsection (b) that resulted in the initi3 ation of an investigation under paragraph (1) of that 

4 subsection with respect to such covered merchandise 

5 may commence a civil action in the United States 

6 Court of International Trade by filing concurrently a 

7 summons and complaint contesting any factual find8 ings or legal conclusions upon which the determina9 tion is based. 

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

11 under this subsection, the court shall hold unlawful 

12 any determination, finding, or conclusion found to be 

13 arbitrary, capricious, an abuse of discretion, or other14 wise not in accordance with law. 

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

16 OTHER CIVIL AND CRIMINAL PROCEEDINGS AND INVES17 TIGATIONS.—No determination under subsection (c) or ac18 tion taken by the Commissioner pursuant to this section 

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

20 the scope of, any other proceeding or investigation pursuant 

21 to any other provision of Federal or State law, including 

22 sections 592 and 596.’’. 

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

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

25 517’’ after ‘‘516A’’. 
101 

† HR 644 EAS 

1 (c) EFFECTIVE DATE.—The amendments made by this 

2 section shall take effect on the date that is 180 days after 

3 the date of the enactment of this Act. 

4 (d) REGULATIONS.—Not later than the date that is 180 

5 days after the date of the enactment of this Act, the Sec6 retary of the Treasury shall prescribe such regulations as 

7 may be necessary to implement the amendments made by 

8 this section. 

9 (e) APPLICATION TO CANADA AND MEXICO.—Pursuant 

10 to article 1902 of the North American Free Trade Agree11 ment and section 408 of the North American Free Trade 

12 Agreement Implementation Act (19 U.S.C. 3438), the 

13 amendments made by this section shall apply with respect 

14 to goods from Canada and Mexico. 

15 SEC. 403. ANNUAL REPORT ON PREVENTION AND INVES16 TIGATION OF EVASION OF ANTIDUMPING AND 

17 COUNTERVAILING DUTY ORDERS. 

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

19 calendar year that begins on or after the date that is 270 

20 days after the date of the enactment of this Act, the Commis21 sioner, in consultation with the Secretary of Commerce and 

22 the Director of U.S. Immigration and Customs Enforce23 ment, shall submit to the Committee on Finance of the Sen24 ate and the Committee on Ways and Means of the House 

25 of Representatives a report on the efforts being taken to pre-
102 

† HR 644 EAS 

1 vent and investigate the entry of covered merchandise into 

2 the customs territory of the United States through evasion. 

3 (b) CONTENTS.—Each report required under sub4 section (a) shall include— 

5 (1) for the calendar year preceding the submis6 sion of the report— 

7 (A) a summary of the efforts of U.S. Cus8 toms and Border Protection to prevent and in9 vestigate the entry of covered merchandise into 

10 the customs territory of the United States 

11 through evasion; 

12 (B) the number of allegations of evasion re13 ceived under subsection (b) of section 517 of the 

14 Tariff Act of 1930, as added by section 402 of 

15 this Act, and the number of such allegations re16 sulting in investigations by U.S. Customs and 

17 Border Protection or any other agency; 

18 (C) a summary of investigations initiated 

19 under subsection (b) of such section 517, includ20 ing— 

21 (i) the number and nature of the inves22 tigations initiated, conducted, and com23 pleted; and 

24 (ii) the resolution of each completed in25 vestigation; 
103 

† HR 644 EAS 

1 (D) the number of investigations initiated 

2 under that subsection not completed during the 

3 time provided for making determinations under 

4 subsection (c) of such section 517 and an expla5 nation for why the investigations could not be 

6 completed on time; 

7 (E) the amount of additional duties that 

8 were determined to be owed as a result of such 

9 investigations, the amount of such duties that 

10 were collected, and, for any such duties not col11 lected, a description of the reasons those duties 

12 were not collected; 

13 (F) with respect to each such investigation 

14 that led to the imposition of a penalty, the 

15 amount of the penalty; 

16 (G) an identification of the countries of ori17 gin of covered merchandise determined under 

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

19 into the customs territory of the United States 

20 through evasion; 

21 (H) the amount of antidumping and coun22 tervailing duties collected as a result of any in23 vestigations or other actions by U.S. Customs 

24 and Border Protection or any other agency; 
104 

† HR 644 EAS 

1 (I) a description of the allocation of per2 sonnel and other resources of U.S. Customs and 

3 Border Protection and U.S. Immigration and 

4 Customs Enforcement to prevent and investigate 

5 evasion, including any assessments conducted re6 garding the allocation of such personnel and re7 sources; and 

8 (J) a description of training conducted to 

9 increase expertise and effectiveness in the preven10 tion and investigation of evasion; and 

11 (2) a description of processes and procedures of 

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

13 investigate evasion, including— 

14 (A) the specific guidelines, policies, and 

15 practices used by U.S. Customs and Border Pro16 tection to ensure that allegations of evasion are 

17 promptly evaluated and acted upon in a timely 

18 manner; 

19 (B) an evaluation of the efficacy of those 

20 guidelines, policies, and practices; 

21 (C) an identification of any changes since 

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

23 that have materially improved or reduced the ef24 fectiveness of U.S. Customs and Border Protec25 tion in preventing and investigating evasion; 
105 

† HR 644 EAS 

1 (D) a description of the development and 

2 implementation of policies for the application of 

3 single entry and continuous bonds for entries of 

4 covered merchandise to sufficiently protect the 

5 collection of antidumping and countervailing du6 ties commensurate with the level of risk of not 

7 collecting those duties; 

8 (E) a description of the processes and proce9 dures for increased cooperation and information 

10 sharing with the Department of Commerce, U.S. 

11 Immigration and Customs Enforcement, and 

12 any other relevant Federal agencies to prevent 

13 and investigate evasion; and 

14 (F) an identification of any recommended 

15 policy changes for other Federal agencies or leg16 islative changes to improve the effectiveness of 

17 U.S. Customs and Border Protection in pre18 venting and investigating evasion. 

19 (c) PUBLIC SUMMARY.—The Commissioner shall make 

20 available to the public a summary of the report required 

21 by subsection (a) that includes, at a minimum— 

22 (1) a description of the type of merchandise with 

23 respect to which investigations were initiated under 

24 subsection (b) of section 517 of the Tariff Act of 1930, 

25 as added by section 402 of this Act; 
106 

† HR 644 EAS 

1 (2) the amount of additional duties determined 

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

3 amount of such duties that were collected; 

4 (3) an identification of the countries of origin of 

5 covered merchandise determined under subsection (c) 

6 of such section 517 to be entered into the customs ter7 ritory of the United States through evasion; and 

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

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

10 and investigate evasion. 

11 (d) DEFINITIONS.—In this section, the terms ‘‘covered 

12 merchandise’’ and ‘‘evasion’’ have the meanings given those 

13 terms in section 517(a) of the Tariff Act of 1930, as added 

14 by section 402 of this Act. 

15 TITLE V—AMENDMENTS TO 

16 ANTIDUMPING AND COUN17 TERVAILING DUTY LAWS 

18 SEC. 501. CONSEQUENCES OF FAILURE TO COOPERATE 

19 WITH A REQUEST FOR INFORMATION IN A 

20 PROCEEDING. 

21 Section 776 of the Tariff Act of 1930 (19 U.S.C. 1677e) 

22 is amended— 

23 (1) in subsection (b)— 

24 (A) by redesignating paragraphs (1) 

25 through (4) as subparagraphs (A) through (D), 
107 

† HR 644 EAS 

1 respectively, and by moving such subparagraphs, 

2 as so redesignated, 2 ems to the right; 

3 (B) by striking ‘‘ADVERSE INFERENCES.— 

4 If’’ and inserting the following: ‘‘ADVERSE IN5 FERENCES.— 

6 ‘‘(1) IN GENERAL.—If’’; 

7 (C) by striking ‘‘under this title, may use’’ 

8 and inserting the following: ‘‘under this title— 

9 ‘‘(A) may use’’; and 

10 (D) by striking ‘‘facts otherwise available. 

11 Such adverse inference may include’’ and insert12 ing the following: ‘‘facts otherwise available; and 

13 ‘‘(B) is not required to determine, or make 

14 any adjustments to, a countervailable subsidy 

15 rate or weighted average dumping margin based 

16 on any assumptions about information the inter17 ested party would have provided if the interested 

18 party had complied with the request for informa19 tion. 

20 ‘‘(2) POTENTIAL SOURCES OF INFORMATION FOR

21 ADVERSE INFERENCES.—An adverse inference under 

22 paragraph (1)(A) may include’’; 

23 (2) in subsection (c)— 

24 (A) by striking ‘‘CORROBORATION OF SEC25 ONDARY INFORMATION.—When the’’ and insert-
108 

† HR 644 EAS 

1 ing the following: ‘‘CORROBORATION OF SEC2 ONDARY INFORMATION.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), when the’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(2) EXCEPTION.—The administrative authority 

7 and the Commission shall not be required to corrobo8 rate any dumping margin or countervailing duty ap9 plied in a separate segment of the same proceeding.’’; 

10 and 

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

12 ‘‘(d) SUBSIDY RATES AND DUMPING MARGINS IN AD13 VERSE INFERENCE DETERMINATIONS.— 

14 ‘‘(1) IN GENERAL.—If the administering author15 ity uses an inference that is adverse to the interests 

16 of a party under subsection (b)(1)(A) in selecting 

17 among the facts otherwise available, the admin18 istering authority may— 

19 ‘‘(A) in the case of a countervailing duty 

20 proceeding— 

21 ‘‘(i) use a countervailable subsidy rate 

22 applied for the same or similar program in 

23 a countervailing duty proceeding involving 

24 the same country, or 
109 

† HR 644 EAS 

1 ‘‘(ii) if there is no same or similar 

2 program, use a countervailable subsidy rate 

3 for a subsidy program from a proceeding 

4 that the administering authority considers 

5 reasonable to use, and 

6 ‘‘(B) in the case of an antidumping duty 

7 proceeding, use any dumping margin from any 

8 segment of the proceeding under the applicable 

9 antidumping order. 

10 ‘‘(2) DISCRETION TO APPLY HIGHEST RATE.—In 

11 carrying out paragraph (1), the administering au12 thority may apply any of the countervailable subsidy 

13 rates or dumping margins specified under that para14 graph, including the highest such rate or margin, 

15 based on the evaluation by the administering author16 ity of the situation that resulted in the administering 

17 authority using an adverse inference in selecting 

18 among the facts otherwise available. 

19 ‘‘(3) NO OBLIGATION TO MAKE CERTAIN ESTI20 MATES OR ADDRESS CERTAIN CLAIMS.—If the admin21 istering authority uses an adverse inference under 

22 subsection (b)(1)(A) in selecting among the facts oth23 erwise available, the administering authority is not 

24 required, for purposes of subsection (c) or for any 

25 other purpose— 
110 

† HR 644 EAS 

1 ‘‘(A) to estimate what the countervailable 

2 subsidy rate or dumping margin would have 

3 been if the interested party found to have failed 

4 to cooperate under subsection (b)(1) had cooper5 ated, or 

6 ‘‘(B) to demonstrate that the countervailable 

7 subsidy rate or dumping margin used by the ad8 ministering authority reflects an alleged com9 mercial reality of the interested party.’’. 

10 SEC. 502. DEFINITION OF MATERIAL INJURY. 

11 (a) EFFECT OF PROFITABILITY OF DOMESTIC INDUS12 TRIES.—Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 

13 1677(7)) is amended by adding at the end the following: 

14 ‘‘(J) EFFECT OF PROFITABILITY.—The 

15 Commission shall not determine that there is no 

16 material injury or threat of material injury to 

17 an industry in the United States merely because 

18 that industry is profitable or because the per19 formance of that industry has recently im20 proved.’’. 

21 (b) EVALUATION OF IMPACT ON DOMESTIC INDUSTRY

22 IN DETERMINATION OF MATERIAL INJURY.—Subclause (I) 

23 of section 771(7)(C)(iii) of the Tariff Act of 1930 (19 U.S.C. 

24 1677(7)(C)(iii)) is amended to read as follows: 
111 

† HR 644 EAS 

1 ‘‘(I) actual and potential decline 

2 in output, sales, market share, gross 

3 profits, operating profits, net profits, 

4 ability to service debt, productivity, re5 turn on investments, return on assets, 

6 and utilization of capacity,’’. 

7 (c) CAPTIVE PRODUCTION.—Section 771(7)(C)(iv) of 

8 the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iv)) is amend9 ed— 

10 (1) in subclause (I), by striking the comma and 

11 inserting ‘‘, and’’; 

12 (2) in subclause (II), by striking ‘‘, and’’ and in13 serting a comma; and 

14 (3) by striking subclause (III). 

15 SEC. 503. PARTICULAR MARKET SITUATION. 

16 (a) DEFINITION OF ORDINARY COURSE OF TRADE.— 

17 Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 

18 1677(15)) is amended by adding at the end the following: 

19 ‘‘(C) Situations in which the administering 

20 authority determines that the particular market 

21 situation prevents a proper comparison with the 

22 export price or constructed export price.’’. 

23 (b) DEFINITION OF NORMAL VALUE.—Section 

24 773(a)(1)(B)(ii)(III) of the Tariff Act of 1930 (19 U.S.C. 
112 

† HR 644 EAS 

1 1677b(a)(1)(B)(ii)(III)) is amended by striking ‘‘in such 

2 other country.’’. 

3 (c) DEFINITION OF CONSTRUCTED VALUE.—Section 

4 773(e) of the Tariff Act of 1930 (19 U.S.C. 1677b(e)) is 

5 amended— 

6 (1) in paragraph (1), by striking ‘‘business’’ and 

7 inserting ‘‘trade’’; and 

8 (2) By striking the flush text at the end and in9 serting the following: 

10 ‘‘For purposes of paragraph (1), if a particular market sit11 uation exists such that the cost of materials and fabrication 

12 or other processing of any kind does not accurately reflect 

13 the cost of production in the ordinary course of trade, the 

14 administering authority may use another calculation meth15 odology under this subtitle or any other calculation method16 ology. For purposes of paragraph (1), the cost of materials 

17 shall be determined without regard to any internal tax in 

18 the exporting country imposed on such materials or their 

19 disposition that is remitted or refunded upon exportation 

20 of the subject merchandise produced from such materials.’’. 

21 SEC. 504. DISTORTION OF PRICES OR COSTS. 

22 (a) INVESTIGATION OF BELOW-COST SALES.—Section 

23 773(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1677b(b)(2)) 

24 is amended by striking subparagraph (A) and inserting the 

25 following: 
113 

† HR 644 EAS 

1 ‘‘(A) REASONABLE GROUNDS TO BELIEVE

2 OR SUSPECT.— 

3 ‘‘(i) REVIEW.—In a review conducted 

4 under section 751 involving a specific ex5 porter, there are reasonable grounds to be6 lieve or suspect that sales of the foreign like 

7 product have been made at prices that are 

8 less than the cost of production of the prod9 uct if the administering authority dis10 regarded some or all of the exporter’s sales 

11 pursuant to paragraph (1) in the investiga12 tion or, if a review has been completed, in 

13 the most recently completed review. 

14 ‘‘(ii) REQUESTS FOR INFORMATION.— 

15 In an investigation initiated under section 

16 732 or a review conducted under section 

17 751, the administering authority shall re18 quest information necessary to calculate the 

19 constructed value and cost of production 

20 under subsections (e) and (f) to determine 

21 whether there are reasonable grounds to be22 lieve or suspect that sales of the foreign like 

23 product have been made at prices that rep24 resent less than the cost of production of the 

25 product.’’. 
114 

† HR 644 EAS 

1 (b) PRICES AND COSTS IN NONMARKET ECONOMIES.— 

2 Section 773(c) of the Tariff Act of 1930 (19 U.S.C. 

3 1677b(c)) is amended by adding at the end the following: 

4 ‘‘(5) DISCRETION TO DISREGARD CERTAIN PRICE

5 OR COST VALUES.—In valuing the factors of produc6 tion under paragraph (1) for the subject merchandise, 

7 the administering authority may disregard price or 

8 cost values without further investigation if the admin9 istering authority has determined that broadly avail10 able export subsidies existed or particular instances of 

11 subsidization occurred with respect to those price or 

12 cost values or if those price or cost values were subject 

13 to an antidumping order.’’. 

14 SEC. 505. REDUCTION IN BURDEN ON DEPARTMENT OF 

15 COMMERCE BY REDUCING THE NUMBER OF 

16 VOLUNTARY RESPONDENTS. 

17 Section 782(a) of the Tariff Act of 1930 (19 U.S.C. 

18 1677m(a)) is amended— 

19 (1) in paragraph (1), by redesignating subpara20 graphs (A) and (B) as clauses (i) and (ii), respec21 tively, and by moving such clauses, as so redesig22 nated, 2 ems to the right; 

23 (2) by redesignating paragraphs (1) and (2) as 

24 subparagraphs (A) and (B), respectively, and by mov-
115 

† HR 644 EAS 

1 ing such subparagraphs, as so redesignated, 2 ems to 

2 the right; 

3 (3) by striking ‘‘INVESTIGATIONS AND RE4 VIEWS.—In’’ and inserting the following: ‘‘INVESTIGA5 TIONS AND REVIEWS.— 

6 ‘‘(1) IN GENERAL.—In’’; 

7 (4) in paragraph (1), as designated by para8 graph (3), by amending subparagraph (B), as redes9 ignated by paragraph (2), to read as follows: 

10 ‘‘(B) the number of exporters or producers 

11 subject to the investigation or review is not so 

12 large that any additional individual examina13 tion of such exporters or producers would be un14 duly burdensome to the administering authority 

15 and inhibit the timely completion of the inves16 tigation or review.’’; and 

17 (5) by adding at the end the following: 

18 ‘‘(2) DETERMINATION OF UNDULY BURDEN19 SOME.—In determining if an individual examination 

20 under paragraph (1)(B) would be unduly burden21 some, the administering authority may consider the 

22 following: 

23 ‘‘(A) The complexity of the issues or infor24 mation presented in the proceeding, including 

25 questionnaires and any responses thereto. 
116 

† HR 644 EAS 

1 ‘‘(B) Any prior experience of the admin2 istering authority in the same or similar pro3 ceeding. 

4 ‘‘(C) The total number of investigations 

5 under subtitle A or B and reviews under section 

6 751 being conducted by the administering au7 thority as of the date of the determination. 

8 ‘‘(D) Such other factors relating to the time9 ly completion of each such investigation and re10 view as the administering authority considers 

11 appropriate.’’. 

12 SEC. 506. APPLICATION TO CANADA AND MEXICO. 

13 Pursuant to article 1902 of the North American Free 

14 Trade Agreement and section 408 of the North American 

15 Free Trade Agreement Implementation Act (19 U.S.C. 

16 3438), the amendments made by this title shall apply with 

17 respect to goods from Canada and Mexico. 

18 TITLE VI—ADDITIONAL TRADE 

19 ENFORCEMENT AND INTEL20 LECTUAL PROPERTY RIGHTS 

21 PROTECTION 

22 Subtitle A—Trade Enforcement 

23 SEC. 601. TRADE ENFORCEMENT PRIORITIES. 

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

25 1974 (19 U.S.C. 2420) is amended to read as follows: 
117 

† HR 644 EAS 

1 ‘‘SEC. 310. TRADE ENFORCEMENT PRIORITIES. 

2 ‘‘(a) TRADE ENFORCEMENT PRIORITIES, CONSULTA3 TIONS, AND REPORT.— 

4 ‘‘(1) TRADE ENFORCEMENT PRIORITIES CON5 SULTATIONS.—Not later than May 31 of each cal6 endar year that begins after the date of the enactment 

7 of the Trade Facilitation and Trade Enforcement Act 

8 of 2015, the United States Trade Representative (in 

9 this section referred to as the ‘Trade Representative’) 

10 shall consult with the Committee on Finance of the 

11 Senate and the Committee on Ways and Means of the 

12 House of Representatives with respect to the 

13 prioritization of acts, policies, or practices of foreign 

14 governments that raise concerns with respect to obli15 gations under the WTO Agreements or any other 

16 trade agreement to which the United States is a 

17 party, or otherwise create or maintain barriers to 

18 United States goods, services, or investment. 

19 ‘‘(2) IDENTIFICATION OF TRADE ENFORCEMENT

20 PRIORITIES.—In identifying acts, policies, or prac21 tices of foreign governments as trade enforcement pri22 orities under this subsection, the United States Trade 

23 Representative shall focus on those acts, policies, and 

24 practices the elimination of which is likely to have the 

25 most significant potential to increase United States 
118 

† HR 644 EAS 

1 economic growth, and take into account all relevant 

2 factors, including— 

3 ‘‘(A) the economic significance of any po4 tential inconsistency between an obligation as5 sumed by a foreign government pursuant to a 

6 trade agreement to which both the foreign gov7 ernment and the United States are parties and 

8 the acts, policies, or practices of that government; 

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

10 practices of a foreign government on maintain11 ing and creating United States jobs and produc12 tive capacity; 

13 ‘‘(C) the major barriers and trade distorting 

14 practices described in the most recent National 

15 Trade Estimate required under section 181(b); 

16 ‘‘(D) the major barriers and trade dis17 torting practices described in other relevant re18 ports addressing international trade and invest19 ment barriers prepared by a Federal agency or 

20 congressional commission during the 12 months 

21 preceding the date of the most recent report 

22 under paragraph (3); 

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

24 with its obligations under any trade agreements 
119 

† HR 644 EAS 

1 to which both the foreign government and the 

2 United States are parties; 

3 ‘‘(F) the implications of a foreign govern4 ment’s procurement plans and policies; and 

5 ‘‘(G) the international competitive position 

6 and export potential of United States products 

7 and services. 

8 ‘‘(3) REPORT ON TRADE ENFORCEMENT PRIOR9 ITIES AND ACTIONS TAKEN TO ADDRESS.— 

10 ‘‘(A) IN GENERAL.—Not later than July 31 

11 of each calendar year that begins after the date 

12 of the enactment of the Trade Facilitation and 

13 Trade Enforcement Act of 2015, the Trade Rep14 resentative shall report to the Committee on Fi15 nance of the Senate and the Committee on Ways 

16 and Means of the House of Representatives on 

17 acts, policies, or practices of foreign governments 

18 identified as trade enforcement priorities based 

19 on the consultations under paragraph (1) and 

20 the criteria set forth in paragraph (2). 

21 ‘‘(B) REPORT IN SUBSEQUENT YEARS.—The 

22 Trade Representative shall include, when report23 ing under subparagraph (A) in any calendar 

24 year after the calendar year that begins after the 

25 date of the enactment of the Trade Facilitation 
120 

† HR 644 EAS 

1 and Trade Enforcement Act of 2015, a descrip2 tion of actions taken to address any acts, poli3 cies, or practices of foreign governments identi4 fied as trade enforcement priorities under this 

5 subsection in the calendar year preceding that 

6 report and, as relevant, any year before that cal7 endar year. 

8 ‘‘(b) SEMIANNUAL ENFORCEMENT CONSULTATIONS.— 

9 ‘‘(1) IN GENERAL.—At the same time as the re10 porting under subsection (a)(3), and not later than 

11 January 31 of each following year, the Trade Rep12 resentative shall consult with the Committee on Fi13 nance of the Senate and the Committee on Ways and 

14 Means of the House of Representatives with respect to 

15 the identification, prioritization, investigation, and 

16 resolution of acts, policies, or practices of foreign gov17 ernments of concern with respect to obligations under 

18 the WTO Agreements or any other trade agreement to 

19 which the United States is a party, or that otherwise 

20 create or maintain trade barriers. 

21 ‘‘(2) ACTS, POLICIES, OR PRACTICES OF CON22 CERN.—The semiannual enforcement consultations re23 quired by paragraph (1) shall address acts, policies, 

24 or practices of foreign governments that raise con25 cerns with respect to obligations under the WTO 
121 

† HR 644 EAS 

1 Agreements or any other trade agreement to which the 

2 United States is a party, or otherwise create or main3 tain trade barriers, including— 

4 ‘‘(A) engagement with relevant trading 

5 partners; 

6 ‘‘(B) strategies for addressing such concerns; 

7 ‘‘(C) availability and deployment of re8 sources to be used in the investigation or resolu9 tion 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 the 

13 United States is a party relating to such con14 cerns; and 

15 ‘‘(E) any other aspects of such concerns. 

16 ‘‘(3) ACTIVE INVESTIGATIONS.—The semiannual 

17 enforcement consultations required by paragraph (1) 

18 shall address acts, policies, or practices that the Trade 

19 Representative is actively investigating with respect 

20 to obligations under the WTO Agreements or any 

21 other trade agreement to which the United States is 

22 a party, including— 

23 ‘‘(A) strategies for addressing concerns 

24 raised by such acts, policies, or practices; 
122 

† HR 644 EAS 

1 ‘‘(B) any relevant timeline with respect to 

2 investigation of such acts, policies, or practices; 

3 ‘‘(C) the merits of any potential dispute res4 olution proceeding under the WTO Agreements 

5 or any other trade agreement to which the 

6 United States is a party with respect to such 

7 acts, policies, or practices; 

8 ‘‘(D) barriers to the advancement of the in9 vestigation 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 re17 spect to obligations under the WTO Agreements or 

18 any other trade agreement to which the United States 

19 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; 
123 

† HR 644 EAS 

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 on 

11 monitoring and enforcement activities, and strategies 

12 to address those constraints, including the use of 

13 available resources of other Federal agencies to en14 hance monitoring and enforcement capabilities. 

15 ‘‘(c) INVESTIGATION AND RESOLUTION.—In the case of 

16 any acts, policies, or practices of a foreign government iden17 tified as a trade enforcement priority under subsection (a), 

18 the Trade Representative shall, not later than the date of 

19 the first semiannual enforcement consultations held under 

20 subsection (b) after the identification of the priority, take 

21 appropriate action to address that priority, including— 

22 ‘‘(1) engagement with the foreign government to 

23 resolve concerns raised by such acts, policies, or prac24 tices; 
124 

† HR 644 EAS 

1 ‘‘(2) initiation of an investigation under section 

2 302(b)(1) with respect to such acts, policies, or prac3 tices; 

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 agree9 ment to which the United States is a party with re10 spect to such acts, policies, or practices. 

11 ‘‘(d) ENFORCEMENT NOTIFICATIONS AND CONSULTA12 TION.— 

13 ‘‘(1) INITIATION OF ENFORCEMENT ACTION.—The 

14 Trade Representative shall notify and consult with 

15 the Committee on Finance of the Senate and the Com16 mittee on Ways and Means of the House of Represent17 atives in advance of initiation of any formal trade 

18 dispute by or against the United States taken in re19 gard to an obligation under the WTO Agreements or 

20 any other trade agreement to which the United States 

21 is a party. With respect to a formal trade dispute 

22 against the United States, if advance notification and 

23 consultation are not possible, the Trade Representa24 tive shall notify and consult at the earliest practicable 

25 opportunity after initiation of the dispute. 
125 

† HR 644 EAS 

1 ‘‘(2) CIRCULATION OF REPORTS.—The Trade 

2 Representative shall notify and consult with the Com3 mittee on Finance of the Senate and the Committee 

4 on Ways and Means of the House of Representatives 

5 in advance of the announced or anticipated circula6 tion of any report of a dispute settlement panel or the 

7 Appellate Body of the World Trade Organization or 

8 of a dispute settlement panel under any other trade 

9 agreement to which the United States is a party with 

10 respect to a formal trade dispute by or against the 

11 United States. 

12 ‘‘(e) DEFINITIONS.—In this section: 

13 ‘‘(1) WTO.—The term ‘WTO’ means the World 

14 Trade Organization. 

15 ‘‘(2) WTO AGREEMENT.—The term ‘WTO Agree16 ment’ has the meaning given that term in section 2(9) 

17 of the Uruguay Round Agreements Act (19 U.S.C. 

18 3501(9)). 

19 ‘‘(3) WTO AGREEMENTS.—The term ‘WTO 

20 Agreements’ means the WTO Agreement and agree21 ments annexed to that Agreement.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents for 

23 the Trade Act of 1974 is amended by striking the item relat24 ing to section 310 and inserting the following: 

‘‘Sec. 310. Trade enforcement priorities.’’. 
126 

† HR 644 EAS 

1 SEC. 602. EXERCISE OF WTO AUTHORIZATION TO SUSPEND 

2 CONCESSIONS OR OTHER OBLIGATIONS 

3 UNDER TRADE AGREEMENTS. 

4 (a) IN GENERAL.—Section 306 of the Trade Act of 

5 1974 (19 U.S.C. 2416) is amended— 

6 (1) by redesignating subsection (c) as subsection 

7 (d); and 

8 (2) by inserting after subsection (b) the fol9 lowing: 

10 ‘‘(c) EXERCISE OF WTO AUTHORIZATION TO SUS11 PEND CONCESSIONS OR OTHER OBLIGATIONS.—If— 

12 ‘‘(1) action has terminated pursuant to section 

13 307(c), 

14 ‘‘(2) the petitioner or any representative of the 

15 domestic industry that would benefit from reinstate16 ment of action has submitted to the Trade Represent17 ative a written request for reinstatement of action, 

18 and 

19 ‘‘(3) the Trade Representative has completed the 

20 requirements of subsection (d) and section 307(c)(3), 

21 the Trade Representative may at any time determine to 

22 take action under section 301(c) to exercise an authoriza23 tion to suspend concessions or other obligations under Arti24 cle 22 of the Understanding on Rules and Procedures Gov25 erning the Settlement of Disputes (referred to in section 
127 

† HR 644 EAS 

1 101(d)(16) of the Uruguay Round Agreements Act (19 

2 U.S.C. 3511(d)(16))).’’. 

3 (b) CONFORMING AMENDMENTS.—Chapter 1 of title 

4 III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is 

5 amended— 

6 (1) in section 301(c)(1) (19 U.S.C. 2411(c)(1)), 

7 in the matter preceding subparagraph (A), by insert8 ing ‘‘or section 306(c)’’ after ‘‘subsection (a) or (b)’’; 

9 (2) in section 306(b) (19 U.S.C. 2416(b)), in the 

10 subsection heading, by striking ‘‘FURTHER ACTION’’ 

11 and inserting ‘‘ACTION ON THE BASIS OF MONI12 TORING’’; 

13 (3) in section 306(d) (19 U.S.C. 2416(d)), as re14 designated by subsection (a)(1), by inserting ‘‘or (c)’’ 

15 after ‘‘subsection (b)’’; and 

16 (4) in section 307(c)(3) (19 U.S.C. 2417(c)(3)), 

17 by inserting ‘‘or if a request is submitted to the Trade 

18 Representative under 306(c)(2) to reinstate action,’’ 

19 after ‘‘under section 301,’’. 

20 SEC. 603. TRADE MONITORING. 

21 (a) IN GENERAL.—Chapter 1 of title II of the Trade 

22 Act of 1974 (19 U.S.C. 2251 et seq.) is amended by adding 

23 at the end the following: 

24 ‘‘SEC. 205. TRADE MONITORING. 

25 ‘‘(a) MONITORING TOOL FOR IMPORTS.— 
128 

† HR 644 EAS 

1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this section, the 

3 United States International Trade Commission shall 

4 make available on a website of the Commission an 

5 import monitoring tool to allow the public access to 

6 data on the volume and value of goods imported into 

7 the United States for the purpose of assessing whether 

8 such data has changed with respect to such goods over 

9 a period of time. 

10 ‘‘(2) DATA DESCRIBED.—For purposes of the 

11 monitoring tool under paragraph (1), the Commission 

12 shall use data compiled by the Department of Com13 merce and such other government data as the Com14 mission considers appropriate. 

15 ‘‘(3) PERIODS OF TIME.—The Commission shall 

16 ensure that data accessed through the monitoring tool 

17 under paragraph (1) includes data for the most recent 

18 quarter for which such data are available and pre19 vious quarters as the Commission considers prac20 ticable. 

21 ‘‘(b) MONITORING REPORTS.— 

22 ‘‘(1) IN GENERAL.—Not later than 270 days 

23 after the date of the enactment of this section, and not 

24 less frequently than quarterly thereafter, the Secretary 

25 of Commerce shall publish on a website of the Depart-
129 

† HR 644 EAS 

1 ment of Commerce, and notify the Committee on Fi2 nance of the Senate and the Committee on Ways and 

3 Means of the House of Representatives of the avail4 ability of, a monitoring report on changes in the vol5 ume and value of trade with respect to imports and 

6 exports of goods categorized based on the 6-digit sub7 heading number of the goods under the Harmonized 

8 Tariff Schedule of the United States during the most 

9 recent quarter for which such data are available and 

10 previous quarters as the Secretary considers prac11 ticable. 

12 ‘‘(2) REQUESTS FOR COMMENT.—Not later than 

13 one year after the date of the enactment of this sec14 tion, the Secretary of Commerce shall solicit through 

15 the Federal Register public comment on the moni16 toring reports described in paragraph (1). 

17 ‘‘(c) SUNSET.—The requirements under this section 

18 terminate on the date that is 7 years after the date of the 

19 enactment of this section.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents for 

21 the Trade Act of 1974 (19 U.S.C. 2101 et seq.) is amended 

22 by inserting after the item relating to section 204 the fol23 lowing: 

‘‘Sec. 205. Trade monitoring.’’. 
130 

† HR 644 EAS 

1 SEC. 604. ESTABLISHMENT OF INTERAGENCY TRADE EN2 FORCEMENT CENTER. 

3 (a) IN GENERAL.—Chapter 4 of title I of the Trade 

4 Act of 1974 (19 U.S.C. 2171) is amended by adding at the 

5 end the following: 

6 ‘‘SEC. 142. INTERAGENCY TRADE ENFORCEMENT CENTER. 

7 ‘‘(a) ESTABLISHMENT OF CENTER.—There is estab8 lished in the Office of the United States Trade Representa9 tive an Interagency Trade Enforcement Center (in this sec10 tion referred to as the ‘Center’). 

11 ‘‘(b) FUNCTIONS OF CENTER.— 

12 ‘‘(1) IN GENERAL.—The Center shall— 

13 ‘‘(A) serve as the primary forum within the 

14 Federal Government for the Office of the United 

15 States Trade Representative and other agencies 

16 to coordinate the enforcement of United States 

17 trade rights under international trade agree18 ments and the enforcement of United States 

19 trade remedy laws; 

20 ‘‘(B) coordinate among the Office of the 

21 United States Trade Representative and other 

22 agencies with responsibilities relating to trade 

23 the exchange of information related to potential 

24 violations of international trade agreements by 

25 foreign trading partners of the United States; 

26 and 
131 

† HR 644 EAS 

1 ‘‘(C) conduct outreach to United States 

2 workers, businesses, and other interested persons 

3 to foster greater participation in the identifica4 tion and reduction or elimination of foreign 

5 trade barriers and unfair foreign trade practices. 

6 ‘‘(2) COORDINATION OF TRADE ENFORCEMENT.— 

7 ‘‘(A) IN GENERAL.—The Center shall co8 ordinate matters relating to the enforcement of 

9 United States trade rights under international 

10 trade agreements and the enforcement of United 

11 States trade remedy laws among the Office of the 

12 United States Trade Representative and the fol13 lowing agencies: 

14 ‘‘(i) The Department of State. 

15 ‘‘(ii) The Department of the Treasury. 

16 ‘‘(iii) The Department of Justice. 

17 ‘‘(iv) The Department of Agriculture. 

18 ‘‘(v) The Department of Commerce. 

19 ‘‘(vi) The Department of Homeland Se20 curity. 

21 ‘‘(vii) Such other agencies as the Presi22 dent, or the United States Trade Represent23 ative, may designate. 

24 ‘‘(B) CONSULTATIONS ON INTELLECTUAL

25 PROPERTY RIGHTS.—In matters relating to the 
132 

† HR 644 EAS 

1 enforcement of United States trade rights involv2 ing intellectual property rights, the Center shall 

3 consult with the Intellectual Property Enforce4 ment Coordinator appointed pursuant to section 

5 301 of the Prioritizing Resources and Organiza6 tion for Intellectual Property Act of 2008 (15 

7 U.S.C. 8111). 

8 ‘‘(c) PERSONNEL.— 

9 ‘‘(1) DIRECTOR.—The head of the Center shall be 

10 the Director, who shall— 

11 ‘‘(A) be appointed by the United States 

12 Trade Representative from among full-time sen13 ior-level officials of the Office of the United 

14 States Trade Representative; and 

15 ‘‘(B) report to the Trade Representative. 

16 ‘‘(2) DEPUTY DIRECTOR.—There shall be in the 

17 Center a Deputy Director, who shall— 

18 ‘‘(A) be appointed by the Secretary of Com19 merce from among full-time senior-level officials 

20 of the Department of Commerce and detailed to 

21 the Center; and 

22 ‘‘(B) report directly to the Director. 

23 ‘‘(3) ADDITIONAL EMPLOYEES.—The agencies 

24 specified in subsection (b)(2)(A) may, in consultation 

25 with the Director, detail or assign their employees to 
133 

† HR 644 EAS 

1 the Center without reimbursement to support the 

2 functions of the Center. 

3 ‘‘(d) ADMINISTRATION.—Funding and administrative 

4 support for the Center shall be provided by the Office of 

5 the United States Trade Representative. 

6 ‘‘(e) ANNUAL REPORT.—Not later than one year after 

7 the date of the enactment of this section, and not less fre8 quently than annually thereafter, the Director shall submit 

9 to the Committee on Finance of the Senate and the Com10 mittee on Ways and Means of the House of Representatives 

11 a report on the actions taken by the Center in the preceding 

12 year with respect to the enforcement of United States trade 

13 rights under international trade agreements and the en14 forcement of United States trade remedy laws. 

15 ‘‘(f) DEFINITIONS.—In this section: 

16 ‘‘(1) UNITED STATES TRADE REMEDY LAWS.— 

17 The term ‘United States trade remedy laws’ means 

18 the following: 

19 ‘‘(A) Chapter 1 of title II of the Trade Act 

20 of 1974 (19 U.S.C. 2251 et seq.). 

21 ‘‘(B) Chapter 1 of title III of that Act (19 

22 U.S.C. 2411 et seq.). 

23 ‘‘(C) Sections 406 and 421 of that Act (19 

24 U.S.C. 2436 and 2451). 
134 

† HR 644 EAS 

1 ‘‘(D) Sections 332 and 337 of the Tariff Act 

2 of 1930 (19 U.S.C. 1332 and 1337). 

3 ‘‘(E) Investigations initiated by the admin4 istering authority (as defined in section 771 of 

5 that Act (19 U.S.C. 1677)) under title VII of 

6 that Act (19 U.S.C. 1671 et seq.). 

7 ‘‘(F) Section 281 of the Uruguay Round 

8 Agreements Act (19 U.S.C. 3571). 

9 ‘‘(2) UNITED STATES TRADE RIGHTS.—The term 

10 ‘United States trade rights’ means any right, benefit, 

11 or advantage to which the United States is entitled 

12 under an international trade agreement and that 

13 could be effectuated through the use of a dispute settle14 ment proceeding.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents for 

16 the Trade Act of 1974 is amended by inserting after the 

17 item relating to section 141 the following: 

‘‘Sec. 142. Interagency Trade Enforcement Center.’’. 

18 SEC. 605. ESTABLISHMENT OF CHIEF MANUFACTURING NE19 GOTIATOR. 

20 (a) ESTABLISHMENT OF POSITION.—Section 141(b)(2) 

21 of the Trade Act of 1974 (19 U.S.C. 2171(b)(2)) is amended 

22 to read as follows: 

23 ‘‘(2) There shall be in the Office 3 Deputy United 

24 States Trade Representatives, one Chief Agricultural Nego25 tiator, and one Chief Manufacturing Negotiator, who shall 
135 

† HR 644 EAS 

1 all be appointed by the President, by and with the advice 

2 and consent of the Senate. As an exercise of the rulemaking 

3 power of the Senate, any nomination of a Deputy United 

4 States Trade Representative, the Chief Agricultural Nego5 tiator, or the Chief Manufacturing Negotiator submitted to 

6 the Senate for its advice and consent, and referred to a com7 mittee, shall be referred to the Committee on Finance. Each 

8 Deputy United States Trade Representative, the Chief Agri9 cultural Negotiator, and the Chief Manufacturing Nego10 tiator shall hold office at the pleasure of the President and 

11 shall have the rank of Ambassador.’’. 

12 (b) FUNCTIONS OF POSITION.—Section 141(c) of the 

13 Trade Act of 1974 (19 U.S.C. 2171(c)) is amended— 

14 (1) by moving paragraph (5) 2 ems to the left; 

15 and 

16 (2) by adding at the end the following: 

17 ‘‘(6)(A) The principal function of the Chief Manufac18 turing Negotiator shall be to conduct trade negotiations and 

19 to enforce trade agreements relating to United States manu20 facturing products and services. The Chief Manufacturing 

21 Negotiator shall be a vigorous advocate on behalf of United 

22 States manufacturing interests and shall perform such other 

23 functions as the United States Trade Representative may 

24 direct. 
136 

† HR 644 EAS 

1 ‘‘(B) Not later than one year after the date of the en2 actment of the Trade Facilitation and Trade Enforcement 

3 Act of 2015, and annually thereafter, the Chief Manufac4 turing Negotiator shall submit to the Committee on Finance 

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

6 the House of Representatives a report on the actions taken 

7 by the Chief Manufacturing Negotiator in the preceding 

8 year.’’. 

9 (c) COMPENSATION.—Section 5314 of title 5, United 

10 States Code, is amended by striking ‘‘Chief Agricultural Ne11 gotiator.’’ and inserting the following: 

12 ‘‘Chief Agricultural Negotiator, Office of the United 

13 States Trade Representative. 

14 ‘‘Chief Manufacturing Negotiator, Office of the United 

15 States Trade Representative.’’. 

16 (d) TECHNICAL AMENDMENTS.—Section 141(e) of the 

17 Trade Act of 1974 (19 U.S.C. 2171(e)) is amended— 

18 (1) in paragraph (1), by striking ‘‘5314’’ and in19 serting ‘‘5315’’; and 

20 (2) in paragraph (2), by striking ‘‘the maximum 

21 rate of pay for grade GS–18, as provided in section 

22 5332’’ and inserting ‘‘the maximum rate of pay for 

23 level IV of the Executive Schedule in section 5315’’. 
137 

† HR 644 EAS 

1 SEC. 606. ENFORCEMENT UNDER TITLE III OF THE TRADE 

2 ACT OF 1974 WITH RESPECT TO CERTAIN 

3 ACTS, POLICIES, AND PRACTICES RELATING 

4 TO THE ENVIRONMENT. 

5 Section 301(d)(3)(B) of the Trade Act of 1974 (19 

6 U.S.C. 2411(d)(3)(B)) is amended— 

7 (1) in clause (ii), by striking ‘‘or’’ at the end; 

8 (2) in clause (iii)(V), by striking the period at 

9 the end and inserting ‘‘, or’’; and 

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

11 ‘‘(iv) constitutes a persistent pattern of con12 duct by the government of the foreign country 

13 under which that government— 

14 ‘‘(I) fails to effectively enforce the envi15 ronmental laws of the foreign country, 

16 ‘‘(II) waives or otherwise derogates 

17 from the environmental laws of the foreign 

18 country or weakens the protections afforded 

19 by such laws, 

20 ‘‘(III) fails to provide for judicial or 

21 administrative proceedings giving access to 

22 remedies for violations of the environmental 

23 laws of the foreign country, 

24 ‘‘(IV) fails to provide appropriate and 

25 effective sanctions or remedies for violations 
138 

† HR 644 EAS 

1 of the environmental laws of the foreign 

2 country, or 

3 ‘‘(V) fails to effectively enforce environ4 mental commitments under agreements to 

5 which the foreign country and the United 

6 States are a party.’’. 

7 SEC. 607. TRADE ENFORCEMENT TRUST FUND. 

8 (a) ESTABLISHMENT.—There is established in the 

9 Treasury of the United States a trust fund to be known 

10 as the Trade Enforcement Trust Fund (in this section re11 ferred to as the ‘‘Trust Fund’’), consisting of amounts trans12 ferred to the Trust Fund under subsection (b) and any 

13 amounts that may be credited to the Trust Fund under sub14 section (c). 

15 (b) TRANSFER OF AMOUNTS.— 

16 (1) IN GENERAL.—The Secretary of the Treasury 

17 shall transfer to the Trust Fund, from the general 

18 fund of the Treasury, for each fiscal year that begins 

19 on or after the date of the enactment of this Act, an 

20 amount equal to $15,000,000 (or a lesser amount as 

21 required pursuant to paragraph (2)) of the anti22 dumping duties and countervailing duties received in 

23 the Treasury for such fiscal year. 

24 (2) LIMITATION.—The total amount in the Trust 

25 Fund at any time may not exceed $30,000,000. 
139 

† HR 644 EAS 

1 (3) FREQUENCY OF TRANSFERS; ADJUST2 MENTS.— 

3 (A) FREQUENCY OF TRANSFERS.—The Sec4 retary shall transfer amounts required to be 

5 transferred to the Trust Fund under paragraph 

6 (1) not less frequently than quarterly from the 

7 general fund of the Treasury to the Trust Fund 

8 on the basis of estimates made by the Secretary. 

9 (B) ADJUSTMENTS.—The Secretary shall 

10 make proper adjustments in amounts subse11 quently transferred to the Trust Fund to the ex12 tent prior estimates were in excess of or less than 

13 the amounts required to be transferred to the 

14 Trust Fund. 

15 (c) INVESTMENT OF AMOUNTS.— 

16 (1) INVESTMENT OF AMOUNTS.—The Secretary 

17 shall invest such portion of the Trust Fund as is not 

18 required to meet current withdrawals in interest-bear19 ing obligations of the United States or in obligations 

20 guaranteed as to both principal and interest by the 

21 United States. 

22 (2) INTEREST AND PROCEEDS.—The interest on, 

23 and the proceeds from the sale or redemption of, any 

24 obligations held in Trust Fund shall be credited to 

25 and form a part of the Trust Fund. 
140 

† HR 644 EAS 

1 (d) AVAILABILITY OF AMOUNTS FROM TRUST FUND.— 

2 (1) ENFORCEMENT.—The United States Trade 

3 Representative may use the amounts in the Trust 

4 fund to carry out any of the following: 

5 (A) To seek to enforce the provisions of and 

6 commitments and obligations under the WTO 

7 Agreements and free trade agreements to which 

8 the United States is a party and resolve any ac9 tions by foreign countries that are inconsistent 

10 with those provisions, commitments, and obliga11 tions. 

12 (B) To monitor the implementation by for13 eign countries of the provisions of and commit14 ments and obligations under free trade agree15 ments to which the United States is a party for 

16 purposes of systematically assessing, identifying, 

17 investigating, or initiating steps to address in18 consistencies with those provisions, commitments, 

19 and obligations. 

20 (C) To thoroughly investigate and respond 

21 to petitions under section 302 of the Trade Act 

22 of 1974 (19 U.S.C. 2412) requesting that action 

23 be taken under section 301 of such Act (19 

24 U.S.C. 2411). 
141 

† HR 644 EAS 

1 (2) IMPLEMENTATION ASSISTANCE AND CAPACITY

2 BUILDING.—The United States Trade Representative, 

3 the Secretary of State, the Administrator of the 

4 United States Agency for International Development, 

5 the Secretary of Labor, and such heads of other Fed6 eral agencies as the President considers appropriate 

7 may use the amounts in the Trust Fund to carry out 

8 any of the following: 

9 (A) To ensure capacity-building efforts un10 dertaken by the United States pursuant to any 

11 free trade agreement to which the United States 

12 is a party prioritize and give special attention 

13 to the timely, consistent, and robust implementa14 tion of the intellectual property, labor, and envi15 ronmental commitments and obligations of any 

16 party to that free trade agreement. 

17 (B) To ensure capacity-building efforts un18 dertaken by the United States pursuant to any 

19 such free trade agreement are self-sustaining and 

20 promote local ownership. 

21 (C) To ensure capacity-building efforts un22 dertaken by the United States pursuant to any 

23 such free trade agreement include performance 

24 indicators against which the progress and obsta25 cles for the implementation of commitments and 
142 

† HR 644 EAS 

1 obligations described in subparagraph (A) can be 

2 identified and assessed within a meaningful time 

3 frame. 

4 (D) To monitor and evaluate the capacity5 building efforts of the United States under sub6 paragraphs (A), (B), and (C). 

7 (3) LIMITATION.—Amounts made available in 

8 the Trust Fund may not be used for negotiations for 

9 any free trade agreement to be entered into on or 

10 after the date of the enactment of this Act. 

11 (e) REPORT.—Not later than 18 months after the entry 

12 into force of any free trade agreement entered into after the 

13 date of the enactment of this Act, the United States Trade 

14 Representative, the Secretary of State, the Administrator 

15 of the United States Agency for International Development, 

16 the Secretary of Labor, and any other head of a Federal 

17 agency who has used amounts in the Trust Fund in connec18 tion with that agreement, shall each submit to Congress a 

19 report on the actions taken by that official under subsection 

20 (d) in connection with that agreement. 

21 (f) COMPTROLLER GENERAL STUDY.— 

22 (1) IN GENERAL.—The Comptroller General of 

23 the United States shall conduct a study that includes 

24 the following: 
143 

† HR 644 EAS 

1 (A) A comprehensive analysis of the trade 

2 enforcement expenditures of each Federal agency 

3 with responsibilities relating to trade that speci4 fies, with respect to each such Federal agency— 

5 (i) the amounts appropriated for trade 

6 enforcement; and 

7 (ii) the number of full-time employees 

8 carrying out activities relating to trade en9 forcement. 

10 (B) Recommendations on the additional 

11 employees and resources that each such Federal 

12 agency may need to effectively enforce the free 

13 trade agreements to which the United States is 

14 a party. 

15 (2) REPORT.—Not later than one year after the 

16 date of the enactment of this Act, the Comptroller 

17 General shall submit to Congress a report on the re18 sults of the study conducted under paragraph (1). 

19 (g) DEFINITIONS.—In this section: 

20 (1) ANTIDUMPING DUTY.—The term ‘‘anti21 dumping duty’’ means an antidumping duty imposed 

22 under section 731 of the Tariff Act of 1930 (19 U.S.C. 

23 1673). 

24 (2) COUNTERVAILING DUTY.—The term ‘‘counter25 vailing duty’’ means a countervailing duty imposed 
144 

† HR 644 EAS 

1 under section 701 of the Tariff Act of 1930 (19 U.S.C. 

2 1671). 

3 (3) WTO.—The term ‘‘WTO’’ means the World 

4 Trade Organization. 

5 (4) WTO AGREEMENT.—The term ‘‘WTO Agree6 ment’’ has the meaning given that term in section 

7 2(9) of the Uruguay Round Agreements Act (19 

8 U.S.C. 3501(9)). 

9 (5) WTO AGREEMENTS.—The term ‘‘WTO Agree10 ments’’ means the WTO Agreement and agreements 

11 annexed to that Agreement. 

12 SEC. 608. HONEY TRANSSHIPMENT. 

13 (a) IN GENERAL.—The Commissioner shall direct ap14 propriate personnel and resources of U.S. Customs and Bor15 der Protection to address concerns that honey is being im16 ported into the United States in violation of the customs 

17 and trade laws of the United States. 

18 (b) COUNTRY OF ORIGIN.— 

19 (1) IN GENERAL.—The Commissioner shall com20 pile a database of the individual characteristics of 

21 honey produced in foreign countries to facilitate the 

22 verification of country of origin markings of imported 

23 honey. 

24 (2) ENGAGEMENT WITH FOREIGN GOVERN25 MENTS.—The Commissioner shall seek to engage the 
145 

† HR 644 EAS 

1 customs agencies of foreign governments for assistance 

2 in compiling the database described in paragraph (1). 

3 (3) CONSULTATION WITH INDUSTRY.—In com4 piling the database described in paragraph (1), the 

5 Commissioner shall consult with entities in the honey 

6 industry regarding the development of industry 

7 standards for honey identification. 

8 (4) CONSULTATION WITH FOOD AND DRUG AD9 MINISTRATION.—In compiling the database described 

10 in paragraph (1), the Commissioner shall consult 

11 with the Commissioner of Food and Drugs. 

12 (c) REPORT REQUIRED.—Not later than 180 days 

13 after the date of the enactment of this Act, the Commissioner 

14 shall submit to Congress a report that— 

15 (1) describes and assesses the limitations in the 

16 existing analysis capabilities of laboratories with re17 spect to determining the country of origin of honey 

18 samples or the percentage of honey contained in a 

19 sample; and 

20 (2) includes any recommendations of the Com21 missioner for improving such capabilities. 

22 (d) SENSE OF CONGRESS.—It is the sense of Congress 

23 that the Commissioner of Food and Drugs should promptly 

24 establish a national standard of identity for honey for the 
146 

† HR 644 EAS 

1 Commissioner responsible for U.S. Customs and Border 

2 Protection to use to ensure that imports of honey are— 

3 (1) classified accurately for purposes of assessing 

4 duties; and 

5 (2) denied entry into the United States if such 

6 imports pose a threat to the health or safety of con7 sumers in the United States. 

8 SEC. 609. INCLUSION OF INTEREST IN CERTAIN DISTRIBU9 TIONS OF ANTIDUMPING DUTIES AND COUN10 TERVAILING DUTIES. 

11 (a) IN GENERAL.—The Secretary of Homeland Secu12 rity shall deposit all interest described in subsection (c) into 

13 the special account established under section 754(e) of the 

14 Tariff Act of 1930 (19 U.S.C. 1675c(e)) (repealed by subtitle 

15 F of title VII of the Deficit Reduction Act of 2005 (Public 

16 Law 109–171; 120 Stat. 154)) for inclusion in distributions 

17 described in subsection (b) made on or after the date of the 

18 enactment of this Act. 

19 (b) DISTRIBUTIONS DESCRIBED.—Distributions de20 scribed in this subsection are distributions of antidumping 

21 duties and countervailing duties assessed on or after Octo22 ber 1, 2000, that are made under section 754 of the Tariff 

23 Act of 1930 (19 U.S.C. 1675c) (repealed by subtitle F of 

24 title VII of the Deficit Reduction Act of 2005 (Public Law 
147 

† HR 644 EAS 

1 109–171; 120 Stat. 154)), with respect to entries of mer2 chandise— 

3 (1) made on or before September 30, 2007; and 

4 (2) that were, in accordance with section 822 of 

5 the Claims Resolution Act of 2010 (19 U.S.C. 1675c 

6 note), unliquidated, not in litigation, and not under 

7 an order of liquidation from the Department of Com8 merce on December 8, 2010. 

9 (c) INTEREST DESCRIBED.— 

10 (1) INTEREST REALIZED.—Interest described in 

11 this subsection is interest earned on antidumping du12 ties or countervailing duties distributed as described 

13 in subsection (b) that is realized through application 

14 of a payment received on or after October 1, 2014, by 

15 U.S. Customs and Border Protection under, or in 

16 connection with— 

17 (A) a customs bond pursuant to a court 

18 order or judgment entered as a result of a civil 

19 action filed by the Federal Government against 

20 the surety from which the payment was obtained 

21 for the purpose of collecting duties or interest 

22 owed with respect to an entry; or 

23 (B) a settlement for any such bond if the 

24 settlement was executed after the Federal Govern-
148 

† HR 644 EAS 

1 ment filed a civil action described in subpara2 graph (A). 

3 (2) TYPES OF INTEREST.—Interest described in 

4 paragraph (1) includes the following: 

5 (A) Interest accrued under section 778 of 

6 the Tariff Act of 1930 (19 U.S.C. 1677g). 

7 (B) Interest accrued under section 505(d) of 

8 the Tariff Act of 1930 (19 U.S.C. 1505(d)). 

9 (C) Equitable interest under common law 

10 or interest under section 963 of the Revised Stat11 utes (19 U.S.C. 580) awarded by a court against 

12 a surety under its bond for late payment of anti13 dumping duties, countervailing duties, or inter14 est described in subparagraph (A) or (B). 

15 (d) DEFINITIONS.—In this section: 

16 (1) ANTIDUMPING DUTIES.—The term ‘‘anti17 dumping duties’’ means antidumping duties imposed 

18 under section 731 of the Tariff Act of 1930 (19 U.S.C. 

19 1673) or under the Antidumping Act, 1921 (title II 

20 of the Act of May 27, 1921; 42 Stat. 11, chapter 14). 

21 (2) COUNTERVAILING DUTIES.—The term ‘‘coun22 tervailing duties’’ means countervailing duties im23 posed under section 701 of the Tariff Act of 1930 (19 

24 U.S.C. 1671). 
149 

† HR 644 EAS 

1 SEC. 610. ILLICITLY IMPORTED, EXPORTED, OR TRAF2 FICKED CULTURAL PROPERTY, ARCHAE3 OLOGICAL OR ETHNOLOGICAL MATERIALS, 

4 AND FISH, WILDLIFE, AND PLANTS. 

5 (a) IN GENERAL.—The Commissioner and the Director 

6 of U.S. Immigration and Customs Enforcement shall ensure 

7 that appropriate personnel of U.S. Customs and Border 

8 Protection and U.S. Immigration and Customs Enforce9 ment, as the case may be, are trained in the detection, iden10 tification, detention, seizure, and forfeiture of cultural 

11 property, archaeological or ethnological materials, and fish, 

12 wildlife, and plants, the importation, exportation, or traf13 ficking of which violates the laws of the United States. 

14 (b) TRAINING.—The Commissioner and the Director 

15 are authorized to accept training and other support services 

16 from experts outside of the Federal Government with respect 

17 to the detection, identification, detention, seizure, and for18 feiture of cultural property, archaeological or ethnological 

19 materials, or fish, wildlife, and plants described in sub20 section (a). 

21 Subtitle B—Intellectual Property 

22 Rights Protection 

23 SEC. 611. ESTABLISHMENT OF CHIEF INNOVATION AND IN24 TELLECTUAL PROPERTY NEGOTIATOR. 

25 (a) IN GENERAL.—Section 141 of the Trade Act of 

26 1974 (19 U.S.C. 2171) is amended— 
150 

† HR 644 EAS 

1 (1) in subsection (b)(2), as amended by section 

2 605(a) of this Act— 

3 (A) by striking ‘‘and one Chief Manufac4 turing Negotiator’’ and inserting ‘‘one Chief 

5 Manufacturing Negotiator, and one Chief Inno6 vation and Intellectual Property Negotiator’’; 

7 (B) by striking ‘‘or the Chief Manufacturing 

8 Negotiator’’ and inserting ‘‘the Chief Manufac9 turing Negotiator, or the Chief Innovation and 

10 Intellectual Property Negotiator’’; and 

11 (C) by striking ‘‘and the Chief Manufac12 turing Negotiator’’ and inserting ‘‘the Chief 

13 Manufacturing Negotiator, and the Chief Inno14 vation and Intellectual Property Negotiator’’; 

15 and 

16 (2) in subsection (c), as amended by section 

17 605(b) of this Act, by adding at the end the following: 

18 ‘‘(7) The principal functions of the Chief Innovation 

19 and Intellectual Property Negotiator shall be to conduct 

20 trade negotiations and to enforce trade agreements relating 

21 to United States intellectual property and to take appro22 priate actions to address acts, policies, and practices of for23 eign governments that have a significant adverse impact 

24 on the value of United States innovation. The Chief Innova25 tion and Intellectual Property Negotiator shall be a vig-
151 

† HR 644 EAS 

1 orous advocate on behalf of United States innovation and 

2 intellectual property interests. The Chief Innovation and 

3 Intellectual Property Negotiator shall perform such other 

4 functions as the United States Trade Representative may 

5 direct.’’. 

6 (b) COMPENSATION.—Section 5314 of title 5, United 

7 States Code, as amended by section 605(c) of this Act, is 

8 further amended by inserting after ‘‘Chief Manufacturing 

9 Negotiator, Office of the United States Trade Representa10 tive.’’ the following: 

11 ‘‘Chief Innovation and Intellectual Property Nego12 tiator, Office of the United States Trade Representative.’’. 

13 (c) REPORT REQUIRED.—Not later than one year after 

14 the appointment of the first Chief Innovation and Intellec15 tual Property Negotiator pursuant to paragraph (2) of sec16 tion 141(b) of the Trade Act of 1974, as amended by sub17 section (a), and annually thereafter, the United States 

18 Trade Representative shall submit to the Committee on Fi19 nance of the Senate and the Committee on Ways and Means 

20 of the House of Representatives a report describing in de21 tail— 

22 (1) enforcement actions taken by the Trade Rep23 resentative during the year preceding the submission 

24 of the report to ensure the protection of United States 

25 innovation and intellectual property interests; and 
152 

† HR 644 EAS 

1 (2) other actions taken by the Trade Representa2 tive to advance United States innovation and intellec3 tual property interests. 

4 SEC. 612. MEASURES RELATING TO COUNTRIES THAT DENY 

5 ADEQUATE PROTECTION FOR INTELLECTUAL 

6 PROPERTY RIGHTS. 

7 (a) INCLUSION OF COUNTRIES THAT DENY ADEQUATE

8 PROTECTION OF TRADE SECRETS.—Section 182(d)(2) of 

9 the Trade Act of 1974 (19 U.S.C. 2242(d)(2)) is amended 

10 by inserting ‘‘, trade secrets,’’ after ‘‘copyrights’’. 

11 (b) SPECIAL RULES FOR COUNTRIES ON THE PRI12 ORITY WATCH LIST OF THE UNITED STATES TRADE REP13 RESENTATIVE.— 

14 (1) IN GENERAL.—Section 182 of the Trade Act 

15 of 1974 (19 U.S.C. 2242) is amended by striking sub16 section (g) and inserting the following: 

17 ‘‘(g) SPECIAL RULES FOR FOREIGN COUNTRIES ON

18 THE PRIORITY WATCH LIST.— 

19 ‘‘(1) ACTION PLANS.— 

20 ‘‘(A) IN GENERAL.—Not later than 90 days 

21 after the date on which the Trade Representative 

22 submits the National Trade Estimate under sec23 tion 181(b), the Trade Representative shall de24 velop an action plan described in subparagraph 
153 

† HR 644 EAS 

1 (C) with respect to each foreign country de2 scribed in subparagraph (B). 

3 ‘‘(B) FOREIGN COUNTRY DESCRIBED.—The 

4 Trade Representative shall develop an action 

5 plan pursuant to subparagraph (A) with respect 

6 to each foreign country that— 

7 ‘‘(i) the Trade Representative has iden8 tified for placement on the priority watch 

9 list; and 

10 ‘‘(ii) has remained on such list for at 

11 least 1 year. 

12 ‘‘(C) ACTION PLAN DESCRIBED.—An action 

13 plan developed pursuant to subparagraph (A) 

14 shall contain the benchmarks described in sub15 paragraph (D) and be designed to assist the for16 eign country— 

17 ‘‘(i) to achieve— 

18 ‘‘(I) adequate and effective protec19 tion of intellectual property rights; and 

20 ‘‘(II) fair and equitable market 

21 access for United States persons that 

22 rely upon intellectual property protec23 tion; or 
154 

† HR 644 EAS 

1 ‘‘(ii) to make significant progress to2 ward achieving the goals described in clause 

3 (i). 

4 ‘‘(D) BENCHMARKS DESCRIBED.—The 

5 benchmarks contained in an action plan devel6 oped pursuant to subparagraph (A) are such leg7 islative, institutional, enforcement, or other ac8 tions as the Trade Representative determines to 

9 be necessary for the foreign country to achieve 

10 the goals described in clause (i) or (ii) of sub11 paragraph (C). 

12 ‘‘(2) FAILURE TO MEET ACTION PLAN BENCH13 MARKS.—If, 1 year after the date on which an action 

14 plan is developed under paragraph (1)(A), the Presi15 dent, in consultation with the Trade Representative, 

16 determines that the foreign country to which the ac17 tion plan applies has not substantially complied with 

18 the benchmarks described in paragraph (1)(D), the 

19 President may take appropriate action with respect to 

20 the foreign country. 

21 ‘‘(3) PRIORITY WATCH LIST DEFINED.—In this 

22 subsection, the term ‘priority watch list’ means the 

23 priority watch list established by the Trade Rep24 resentative. 
155 

† HR 644 EAS 

1 ‘‘(h) ANNUAL REPORT.—Not later than 30 days after 

2 the date on which the Trade Representative submits the Na3 tional Trade Estimate under section 181(b), the Trade Rep4 resentative shall transmit to the Committee on Ways and 

5 Means of the House of Representatives and the Committee 

6 on Finance of the Senate a report on actions taken under 

7 this section during the 12 months preceding such report, 

8 and the reasons for such actions, including— 

9 ‘‘(1) any foreign countries identified under sub10 section (a); 

11 ‘‘(2) a description of progress made in achieving 

12 improved intellectual property protection and market 

13 access for persons relying on intellectual property 

14 rights; and 

15 ‘‘(3) a description of the action plans developed 

16 under subsection (g) and any actions taken by foreign 

17 countries under such plans.’’. 

18 (2) AUTHORIZATION OF APPROPRIATIONS.— 

19 (A) IN GENERAL.—There are authorized to 

20 be appropriated to the Office of the United 

21 States Trade Representative such sums as may 

22 be necessary to provide assistance to any devel23 oping country to which an action plan applies 

24 under section 182(g) of the Trade Act of 1974, as 

25 amended by paragraph (1), to facilitate the ef-
156 

† HR 644 EAS 

1 forts of the developing country to comply with 

2 the benchmarks contained in the action plan. 

3 Such assistance may include capacity building, 

4 activities designed to increase awareness of intel5 lectual property rights, and training for officials 

6 responsible for enforcing intellectual property 

7 rights in the developing country. 

8 (B) DEVELOPING COUNTRY DEFINED.—In 

9 this paragraph, the term ‘‘developing country’’ 

10 means a country classified by the World Bank as 

11 having a low-income or lower-middle-income 

12 economy. 

13 (3) RULE OF CONSTRUCTION.—Nothing in this 

14 subsection shall be construed as limiting the authority 

15 of the President or the United States Trade Rep16 resentative to develop action plans other than action 

17 plans described in section 182(g) of the Trade Act of 

18 1974, as amended by paragraph (1), or to take any 

19 action otherwise authorized by law in response to the 

20 failure of a foreign country to provide adequate and 

21 effective protection and enforcement of intellectual 

22 property rights. 
157 

† HR 644 EAS 

1 TITLE VII—CURRENCY 

2 MANIPULATION 

3 Subtitle A—Investigation of 

4 Currency Undervaluation 

5 SEC. 701. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Currency Under7 valuation Investigation Act’’. 

8 SEC. 702. INVESTIGATION OR REVIEW OF CURRENCY 

9 UNDERVALUATION UNDER COUNTERVAILING 

10 DUTY LAW. 

11 Subsection (c) of section 702 of the Tariff Act of 1930 

12 (19 U.S.C. 1671a(c)) is amended by adding at the end the 

13 following: 

14 ‘‘(6) CURRENCY UNDERVALUATION.—For pur15 poses of a countervailing duty investigation under 

16 this subtitle in which the determinations under 

17 clauses (i) and (ii) of paragraph (1)(A) are affirma18 tive, or a review under subtitle C with respect to a 

19 countervailing duty order, the administering author20 ity shall initiate an investigation to determine wheth21 er currency undervaluation by the government of a 

22 country or any public entity within the territory of 

23 a country is providing, directly or indirectly, a 

24 countervailable subsidy, if— 
158 

† HR 644 EAS 

1 ‘‘(A) a petition filed by an interested party 

2 (described in subparagraph (C), (D), (E), (F), or 

3 (G) of section 771(9)) alleges the elements nec4 essary for the imposition of the duty imposed by 

5 section 701(a); and 

6 ‘‘(B) the petition is accompanied by infor7 mation reasonably available to the petitioner 

8 supporting those allegations.’’. 

9 SEC. 703. BENEFIT CALCULATION METHODOLOGY WITH RE10 SPECT TO CURRENCY UNDERVALUATION. 

11 Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) 

12 is amended by adding at the end the following: 

13 ‘‘(37) CURRENCY UNDERVALUATION BENEFIT.— 

14 ‘‘(A) CURRENCY UNDERVALUATION BEN15 EFIT.—For purposes of a countervailing duty in16 vestigation under subtitle A, or a review under 

17 subtitle C with respect to a countervailing duty 

18 order, the following shall apply: 

19 ‘‘(i) IN GENERAL.—If the admin20 istering authority determines to investigate 

21 whether currency undervaluation provides a 

22 countervailable subsidy, the administering 

23 authority shall determine whether there is a 

24 benefit to the recipient of that subsidy and 

25 measure such benefit by comparing the sim-
159 

† HR 644 EAS 

1 ple average of the real exchange rates de2 rived from application of the macro3 economic-balance approach and the equi4 librium-real-exchange-rate approach to the 

5 official daily exchange rate identified by the 

6 administering authority. 

7 ‘‘(ii) RELIANCE ON DATA.—In making 

8 the determination under clause (i), the ad9 ministering authority shall rely upon data 

10 that are publicly available, reliable, and 

11 compiled and maintained by the Inter12 national Monetary Fund or the World 

13 Bank, or other international organizations 

14 or national governments if data from the 

15 International Monetary Fund or World 

16 Bank are not available. 

17 ‘‘(B) DEFINITIONS.—In this paragraph: 

18 ‘‘(i) MACROECONOMIC-BALANCE AP19 PROACH.—The term ‘macroeconomic-bal20 ance approach’ means a methodology under 

21 which the level of undervaluation of the real 

22 effective exchange rate of the currency of the 

23 exporting country is defined as the change 

24 in the real effective exchange rate needed to 

25 achieve equilibrium in the balance of pay-
160 

† HR 644 EAS 

1 ments of the exporting country, as such 

2 methodology is described in the guidelines of 

3 the International Monetary Fund’s Consult4 ative Group on Exchange Rate Issues, if 

5 available. 

6 ‘‘(ii) EQUILIBRIUM-REAL-EXCHANGE7 RATE APPROACH.—The term ‘equilibrium8 real-exchange-rate approach’ means a meth9 odology under which the level of undervalu10 ation of the real effective exchange rate of 

11 the currency of the exporting country is de12 fined as the difference between the observed 

13 real effective exchange rate and the real ef14 fective exchange rate, as such methodology is 

15 described in the guidelines of the Inter16 national Monetary Fund’s Consultative 

17 Group on Exchange Rate Issues, if avail18 able. 

19 ‘‘(iii) REAL EXCHANGE RATES.—The 

20 term ‘real exchange rates’ means the bilat21 eral exchange rates derived from converting 

22 the trade-weighted multilateral exchange 

23 rates yielded by the macroeconomic-balance 

24 approach and the equilibrium-real-ex-
161 

† HR 644 EAS 

1 change-rate approach into real bilateral 

2 terms.’’. 

3 SEC. 704. MODIFICATION OF DEFINITION OF SPECIFICITY 

4 WITH RESPECT TO EXPORT SUBSIDY. 

5 Section 771(5A)(B) of the Tariff Act of 1930 (19 

6 U.S.C. 1677(5A)(B)) is amended by adding at the end the 

7 following new sentence: ‘‘The fact that a subsidy may also 

8 be provided in circumstances that do not involve export 

9 shall not, for that reason alone, mean that the subsidy can10 not be considered contingent upon export performance.’’. 

11 SEC. 705. APPLICATION TO CANADA AND MEXICO. 

12 Pursuant to article 1902 of the North American Free 

13 Trade Agreement and section 408 of the North American 

14 Free Trade Agreement Implementation Act (19 U.S.C. 

15 3438), the amendments made by this subtitle shall apply 

16 with respect to goods from Canada and Mexico. 

17 SEC. 706. EFFECTIVE DATE. 

18 The amendments made by this subtitle apply to coun19 tervailing duty investigations initiated under subtitle A of 

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

21 and reviews initiated under subtitle C of title VII of such 

22 Act (19 U.S.C. 1675 et seq.)— 

23 (1) before the date of the enactment of this Act, 

24 if the investigation or review is pending a final deter25 mination as of such date of enactment; and 
162 

† HR 644 EAS 

1 (2) on or after such date of enactment. 

2 Subtitle B—Engagement on Cur3 rency Exchange Rate and Eco4 nomic Policies 

5 SEC. 711. ENHANCEMENT OF ENGAGEMENT ON CURRENCY 

6 EXCHANGE RATE AND ECONOMIC POLICIES 

7 WITH CERTAIN MAJOR TRADING PARTNERS 

8 OF THE UNITED STATES. 

9 (a) MAJOR TRADING PARTNER REPORT.— 

10 (1) IN GENERAL.—Not later than 180 days after 

11 the date of the enactment of this Act, and not less fre12 quently than once every 180 days thereafter, the Sec13 retary shall submit to the appropriate committees of 

14 Congress a report on the macroeconomic and currency 

15 exchange rate policies of each country that is a major 

16 trading partner of the United States. 

17 (2) ELEMENTS.— 

18 (A) IN GENERAL.—Each report submitted 

19 under paragraph (1) shall contain— 

20 (i) for each country that is a major 

21 trading partner of the United States— 

22 (I) that country’s bilateral trade 

23 balance with the United States; 
163 

† HR 644 EAS 

1 (II) that country’s current ac2 count balance as a percentage of its 

3 gross domestic product; 

4 (III) the change in that country’s 

5 current account balance as a percent6 age of its gross domestic product dur7 ing the 3-year period preceding the 

8 submission of the report; 

9 (IV) that country’s foreign ex10 change reserves as a percentage of its 

11 short-term debt; and 

12 (V) that country’s foreign ex13 change reserves as a percentage of its 

14 gross domestic product; and 

15 (ii) an enhanced analysis of macro16 economic and exchange rate policies for 

17 each country— 

18 (I) that is a major trading part19 ner of the United States; 

20 (II) the currency of which is per21 sistently and substantially under22 valued; 

23 (III) that has— 
164 

† HR 644 EAS 

1 (aa) a significant bilateral 

2 trade surplus with the United 

3 States; and 

4 (bb) a material global cur5 rent account surplus; and 

6 (IV) that has engaged in per7 sistent one-sided intervention in the 

8 foreign exchange market. 

9 (B) ENHANCED ANALYSIS.—Each enhanced 

10 analysis under subparagraph (A)(ii) shall in11 clude, for each country with respect to which an 

12 analysis is made under that subparagraph— 

13 (i) a description of developments in the 

14 currency markets of that country, including, 

15 to the greatest extent feasible, developments 

16 with respect to currency interventions; 

17 (ii) a description of trends in the real 

18 effective exchange rate of the currency of 

19 that country and in the degree of under20 valuation of that currency; 

21 (iii) an analysis of changes in the cap22 ital controls and trade restrictions of that 

23 country; and 

24 (iv) patterns in the reserve accumula25 tion of that country. 
165 

† HR 644 EAS 

1 (b) ENGAGEMENT ON EXCHANGE RATE AND ECONOMIC

2 POLICIES.— 

3 (1) IN GENERAL.—Except as provided in para4 graph (2), the President, through the Secretary, shall 

5 commence enhanced bilateral engagement with each 

6 country for which an enhanced analysis of macro7 economic and currency exchange rate policies is in8 cluded in the report submitted under subsection (a), 

9 in order to— 

10 (A) urge implementation of policies to ad11 dress the causes of the undervaluation of its cur12 rency, its bilateral trade surplus with the United 

13 States, and its material global current account 

14 surplus, including undervaluation and surpluses 

15 relating to exchange rate management; 

16 (B) express the concern of the United States 

17 with respect to the adverse trade and economic 

18 effects of that undervaluation and those sur19 pluses; 

20 (C) develop measurable objectives for ad21 dressing that undervaluation and those sur22 pluses; and 

23 (D) advise that country of the ability of the 

24 President to take action under subsection (c). 
166 

† HR 644 EAS 

1 (2) EXCEPTION.—The Secretary may determine 

2 not to enhance bilateral engagement with a country 

3 under paragraph (1) for which an enhanced analysis 

4 of macroeconomic and exchange rate policies is in5 cluded in the report submitted under subsection (a) if 

6 the Secretary submits to the appropriate committees 

7 of Congress a report that describes how the currency 

8 and other macroeconomic policies of that country are 

9 addressing the undervaluation and surpluses specified 

10 in paragraph (1)(A) with respect to that country, in11 cluding undervaluation and surpluses relating to ex12 change rate management. 

13 (c) REMEDIAL ACTION.— 

14 (1) IN GENERAL.—If, on the date that is one 

15 year after the commencement of enhanced bilateral 

16 engagement by the President with respect to a country 

17 under subsection (b)(1), the country has failed to 

18 adopt appropriate policies to correct the undervalu19 ation and surpluses described in subsection (b)(1)(A) 

20 with respect to that country, the President may take 

21 one or more of the following actions: 

22 (A) Prohibit the Overseas Private Invest23 ment Corporation from approving any new fi24 nancing (including any insurance, reinsurance, 
167 

† HR 644 EAS 

1 or guarantee) with respect to a project located in 

2 that country on and after such date. 

3 (B) Except as provided in paragraph (2), 

4 and pursuant to paragraph (3), prohibit the 

5 Federal Government from procuring, or entering 

6 into any contract for the procurement of, goods 

7 or services from that country on and after such 

8 date. 

9 (C) Instruct the United States Executive 

10 Director of the International Monetary Fund to 

11 use the voice and vote of the United States to call 

12 for additional rigorous surveillance of the macro13 economic and exchange rate policies of that 

14 country and, as appropriate, formal consulta15 tions on findings of currency manipulation. 

16 (D) Instruct the United States Trade Rep17 resentative to take into account, in consultation 

18 with the Secretary, in assessing whether to enter 

19 into a bilateral or regional trade agreement with 

20 that country or to initiate or participate in ne21 gotiations with respect to a bilateral or regional 

22 trade agreement with that country, the extent to 

23 which that country has failed to adopt appro24 priate policies to correct the undervaluation and 

25 surpluses described in subsection (b)(1)(A). 
168 

† HR 644 EAS 

1 (2) EXCEPTION.—The President may not apply 

2 a prohibition under paragraph (1)(B) with respect to 

3 a country that is a party to the Agreement on Gov4 ernment Procurement or a free trade agreement to 

5 which the United States is a party. 

6 (3) CONSULTATIONS.— 

7 (A) OFFICE OF MANAGEMENT AND BUDG8 ET.—Before applying a prohibition under para9 graph (1)(B), the President shall consult with 

10 the Director of the Office of Management and 

11 Budget to determine whether such prohibition 

12 would subject the taxpayers of the United States 

13 to unreasonable cost. 

14 (B) CONGRESS.—The President shall con15 sult with the appropriate committees of Congress 

16 with respect to any action the President takes 

17 under paragraph (1)(B), including whether the 

18 President has consulted as required under sub19 paragraph (A). 

20 (d) DEFINITIONS.—In this section: 

21 (1) AGREEMENT ON GOVERNMENT PROCURE22 MENT.—The term ‘‘Agreement on Government Pro23 curement’’ means the agreement referred to in section 

24 101(d)(17) of the Uruguay Round Agreements Act (19 

25 U.S.C. 3511(d)(17)). 
169 

† HR 644 EAS 

1 (2) APPROPRIATE COMMITTEES OF CONGRESS.— 

2 The term ‘‘appropriate committees of Congress’’ 

3 means— 

4 (A) the Committee on Banking, Housing, 

5 and Urban Affairs and the Committee on Fi6 nance of the Senate; and 

7 (B) the Committee on Financial Services 

8 and the Committee on Ways and Means of the 

9 House of Representatives. 

10 (3) COUNTRY.—The term ‘‘country’’ means a for11 eign country, dependent territory, or possession of a 

12 foreign country, and may include an association of 2 

13 or more foreign countries, dependent territories, or 

14 possessions of countries into a customs union outside 

15 the United States. 

16 (4) REAL EFFECTIVE EXCHANGE RATE.—The 

17 term ‘‘real effective exchange rate’’ means a weighted 

18 average of bilateral exchange rates, expressed in price19 adjusted terms. 

20 (5) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of the Treasury. 

22 SEC. 712. ADVISORY COMMITTEE ON INTERNATIONAL EX23 CHANGE RATE POLICY. 

24 (a) ESTABLISHMENT.— 
170 

† HR 644 EAS 

1 (1) IN GENERAL.—There is established an Advi2 sory Committee on International Exchange Rate Pol3 icy (in this section referred to as the ‘‘Committee’’). 

4 (2) DUTIES.—The Committee shall be responsible 

5 for advising the Secretary of the Treasury with re6 spect to the impact of international exchange rates 

7 and financial policies on the economy of the United 

8 States. 

9 (b) MEMBERSHIP.— 

10 (1) IN GENERAL.—The Committee shall be com11 posed of 9 members as follows, none of whom shall be 

12 employees of the Federal Government: 

13 (A) Three members shall be appointed by 

14 the President pro tempore of the Senate, upon 

15 the recommendation of the chairmen and rank16 ing members of the Committee on Banking, 

17 Housing, and Urban Affairs and the Committee 

18 on Finance of the Senate. 

19 (B) Three members shall be appointed by 

20 the Speaker of the House of Representatives upon 

21 the recommendation of the chairmen and rank22 ing members of the Committee on Financial 

23 Services and the Committee on Ways and Means 

24 of the House of Representatives. 
171 

† HR 644 EAS 

1 (C) Three members shall be appointed by 

2 the President. 

3 (2) QUALIFICATIONS.—Members shall be selected 

4 under paragraph (1) on the basis of their objectivity 

5 and demonstrated expertise in finance, economics, or 

6 currency exchange. 

7 (3) TERMS.— 

8 (A) IN GENERAL.—Members shall be ap9 pointed for a term of 2 years or until the Com10 mittee terminates. 

11 (B) REAPPOINTMENT.—A member may be 

12 reappointed to the Committee for additional 

13 terms. 

14 (4) VACANCIES.—Any vacancy in the Committee 

15 shall not affect its powers, but shall be filled in the 

16 same manner as the original appointment. 

17 (c) DURATION OF COMMITTEE.— 

18 (1) IN GENERAL.—The Committee shall termi19 nate on the date that is 2 years after the date of the 

20 enactment of this Act unless renewed by the President 

21 for a subsequent 2-year period. 

22 (2) CONTINUED RENEWAL.—The President may 

23 continue to renew the Committee for successive 2-year 

24 periods by taking appropriate action to renew the 
172 

† HR 644 EAS 

1 Committee prior to the date on which the Committee 

2 would otherwise terminate. 

3 (d) MEETINGS.—The Committee shall hold not less 

4 than 2 meetings each calendar year. 

5 (e) CHAIRPERSON.— 

6 (1) IN GENERAL.—The Committee shall elect 

7 from among its members a chairperson for a term of 

8 2 years or until the Committee terminates. 

9 (2) REELECTION; SUBSEQUENT TERMS.—A 

10 chairperson of the Committee may be reelected chair11 person but is ineligible to serve consecutive terms as 

12 chairperson. 

13 (f) STAFF.—The Secretary of the Treasury shall make 

14 available to the Committee such staff, information, per15 sonnel, administrative services, and assistance as the Com16 mittee may reasonably require to carry out the activities 

17 of the Committee. 

18 (g) APPLICATION OF THE FEDERAL ADVISORY COM19 MITTEE ACT.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the provisions of the Federal Advisory 

22 Committee Act (5 U.S.C. App.) shall apply to the 

23 Committee. 

24 (2) EXCEPTION.—Meetings of the Committee 

25 shall be exempt from the requirements of subsections 
173 

† HR 644 EAS 

1 (a) and (b) of section 10 and section 11 of the Federal 

2 Advisory Committee Act (relating to open meetings, 

3 public notice, public participation, and public avail4 ability of documents), whenever and to the extent it 

5 is determined by the President or the Secretary of the 

6 Treasury that such meetings will be concerned with 

7 matters the disclosure of which— 

8 (A) would seriously compromise the develop9 ment by the Government of the United States of 

10 monetary or financial policy; or 

11 (B) is likely to— 

12 (i) lead to significant financial specu13 lation in currencies, securities, or commod14 ities; or 

15 (ii) significantly endanger the stability 

16 of any financial institution. 

17 (h) AUTHORIZATION OF APPROPRIATIONS.—There are 

18 authorized to be appropriated to the Secretary of the Treas19 ury for each fiscal year in which the Committee is in effect 

20 $1,000,000 to carry out this section. 
174 

† HR 644 EAS 

1 TITLE VIII—PROCESS FOR CON2 SIDERATION OF TEMPORARY 

3 DUTY SUSPENSIONS AND RE4 DUCTIONS 

5 SEC. 801. SHORT TITLE. 

6 This title may be cited as the ‘‘American Manufac7 turing Competitiveness Act of 2015’’. 

8 SEC. 802. SENSE OF CONGRESS ON THE NEED FOR A MIS9 CELLANEOUS TARIFF BILL. 

10 (a) FINDINGS.—Congress makes the following findings: 

11 (1) As of the date of the enactment of this Act, 

12 the Harmonized Tariff Schedule of the United States 

13 imposes duties on imported goods for which there is 

14 no domestic availability or insufficient domestic 

15 availability. 

16 (2) The imposition of duties on such goods cre17 ates artificial distortions in the economy of the 

18 United States that negatively affect United States 

19 manufacturers and consumers. 

20 (3) It is in the interests of the United States to 

21 update the Harmonized Tariff Schedule every 3 years 

22 to eliminate such artificial distortions by suspending 

23 or reducing duties on such goods. 

24 (4) The manufacturing competitiveness of the 

25 United States around the world will be enhanced if 
175 

† HR 644 EAS 

1 Congress regularly and predictably updates the Har2 monized Tariff Schedule to suspend or reduce duties 

3 on such goods. 

4 (b) SENSE OF CONGRESS.—It is the sense of Congress 

5 that, to remove the competitive disadvantage to United 

6 States manufactures and consumers resulting from an out7 dated Harmonized Tariff Schedule and to promote the com8 petitiveness of United States manufacturers, Congress 

9 should consider a miscellaneous tariff bill not later than 

10 180 days after the United States International Trade Com11 mission and the Department of Commerce issue reports on 

12 proposed duty suspensions and reductions under this title. 

13 SEC. 803. PROCESS FOR CONSIDERATION OF DUTY SUSPEN14 SIONS AND REDUCTIONS. 

15 (a) PURPOSE.—It is the purpose of this section to es16 tablish a process by the appropriate congressional commit17 tees, in conjunction with the Commission pursuant to its 

18 authorities under section 332 of the Tariff Act of 1930 (19 

19 U.S.C. 1332), for the submission and consideration of pro20 posed duty suspensions and reductions. 

21 (b) ESTABLISHMENT.—Not later than October 15, 

22 2015, and October 15, 2018, the appropriate congressional 

23 committees shall establish and, on the same day, publish 

24 on their respective publicly available Internet websites a 

25 process— 
176 

† HR 644 EAS 

1 (1) to provide for the submission and consider2 ation of legislation containing proposed duty suspen3 sions and reductions in a manner that, to the max4 imum extent practicable, is consistent with the re5 quirements described in subsection (c); and 

6 (2) to include in a miscellaneous tariff bill those 

7 duty suspensions and reductions that meet the re8 quirements of this title. 

9 (c) REQUIREMENTS OF COMMISSION.— 

10 (1) INITIATION.—Not later than October 15, 

11 2015, and October 15, 2018, the Commission shall 

12 publish in the Federal Register and on a publicly 

13 available Internet website of the Commission a notice 

14 requesting members of the public to submit to the 

15 Commission during the 60-day period beginning on 

16 the date of such publication— 

17 (A) proposed duty suspensions and reduc18 tions; and 

19 (B) Commission disclosure forms with re20 spect to such duty suspensions and reductions. 

21 (2) REVIEW.— 

22 (A) COMMISSION SUBMISSION TO CON23 GRESS.—As soon as practicable after the expira24 tion of the 60-day period specified in paragraph 

25 (1), but not later than 15 days after the expira-
177 

† HR 644 EAS 

1 tion of such 60-day period, the Commission shall 

2 submit to the appropriate congressional commit3 tees the proposed duty suspensions and reduc4 tions submitted under paragraph (1)(A) and the 

5 Commission disclosure forms with respect to such 

6 duty suspensions and reductions submitted 

7 under paragraph (1)(B). 

8 (B) PUBLIC AVAILABILITY OF PROPOSED

9 DUTY SUSPENSIONS AND REDUCTIONS.—Not 

10 later than 15 days after the expiration of the 60- 

11 day period specified in paragraph (1), the Com12 mission shall publish on a publicly available 

13 Internet website of the Commission the proposed 

14 duty suspensions and reductions submitted 

15 under paragraph (1)(A) and the Commission 

16 disclosure forms with respect to such duty sus17 pensions and reductions submitted under para18 graph (1)(B). 

19 (C) COMMISSION REPORTS TO CONGRESS.— 

20 Not later than the end of the 90-day period be21 ginning on the date of publication of the pro22 posed duty suspensions and reductions under 

23 subparagraph (B), the Commission shall submit 

24 to the appropriate congressional committees a re25 port on each proposed duty suspension or reduc-
178 

† HR 644 EAS 

1 tion submitted pursuant to subsection (b)(1) or 

2 paragraph (1)(A) that contains the following in3 formation: 

4 (i) A determination of whether or not 

5 domestic production of the article that is the 

6 subject of the proposed duty suspension or 

7 reduction exists and, if such production ex8 ists, whether or not a domestic producer of 

9 the article objects to the proposed duty sus10 pension or reduction. 

11 (ii) Any technical changes to the arti12 cle description that are necessary for pur13 poses of administration when articles are 

14 presented for importation. 

15 (iii) The amount of tariff revenue that 

16 would no longer be collected if the proposed 

17 duty suspension or reduction takes effect. 

18 (iv) A determination of whether or not 

19 the proposed duty suspension or reduction 

20 is available to any person that imports the 

21 article that is the subject of the proposed 

22 duty suspension or reduction. 

23 (3) PROCEDURES.—The Commission shall pre24 scribe and publish on a publicly available Internet 
179 

† HR 644 EAS 

1 website of the Commission procedures for complying 

2 with the requirements of this subsection. 

3 (4) AUTHORITIES DESCRIBED.—The Commission 

4 shall carry out this subsection pursuant to its au5 thorities under section 332 of the Tariff Act of 1930 

6 (19 U.S.C. 1332). 

7 (d) DEPARTMENT OF COMMERCE REPORT.—Not later 

8 than the end of the 90-day period beginning on the date 

9 of publication of the proposed duty suspensions and reduc10 tions under subsection (c)(2)(B), the Secretary of Com11 merce, in consultation with U.S. Customs and Border Pro12 tection and other relevant Federal agencies, shall submit to 

13 the appropriate congressional committees a report on each 

14 proposed duty suspension and reduction submitted pursu15 ant to subsection (b)(1) or (c)(1)(A) that includes the fol16 lowing information: 

17 (1) A determination of whether or not domestic 

18 production of the article that is the subject of the pro19 posed duty suspension or reduction exists and, if such 

20 production exists, whether or not a domestic producer 

21 of the article objects to the proposed duty suspension 

22 or reduction. 

23 (2) Any technical changes to the article descrip24 tion that are necessary for purposes of administration 

25 when articles are presented for importation. 
180 

† HR 644 EAS 

1 (e) RULE OF CONSTRUCTION.—A proposed duty sus2 pension or reduction submitted under this section by a 

3 Member of Congress shall receive treatment no more favor4 able than the treatment received by a proposed duty suspen5 sion or reduction submitted under this section by a member 

6 of the public. 

7 SEC. 804. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND 

8 REDUCTIONS ON UNITED STATES ECONOMY. 

9 (a) IN GENERAL.—Not later than May 1, 2018, and 

10 May 1, 2020, the Commission shall submit to the appro11 priate congressional committees a report on the effects on 

12 the United States economy of temporary duty suspensions 

13 and reductions enacted pursuant to this title, including a 

14 broad assessment of the economic effects of such duty sus15 pensions and reductions on producers, purchasers, and con16 sumers in the United States, using case studies describing 

17 such effects on selected industries or by type of article as 

18 available data permit. 

19 (b) RECOMMENDATIONS.—The Commission shall also 

20 solicit and append to the report required under subsection 

21 (a) recommendations with respect to those domestic indus22 try sectors or specific domestic industries that might benefit 

23 from permanent duty suspensions and reductions or elimi24 nation of duties, either through a unilateral action of the 

25 United States or though negotiations for reciprocal tariff 
181 

† HR 644 EAS 

1 agreements, with a particular focus on inequities created 

2 by tariff inversions. 

3 (c) FORM OF REPORT.—Each report required by this 

4 section shall be submitted in unclassified form, but may in5 clude a classified annex. 

6 SEC. 805. JUDICIAL REVIEW PRECLUDED. 

7 The exercise of functions under this title shall not be 

8 subject to judicial review. 

9 SEC. 806. DEFINITIONS. 

10 In this title: 

11 (1) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional commit13 tees’’ means the Committee on Ways and Means of the 

14 House of Representatives and the Committee on Fi15 nance of the Senate. 

16 (2) COMMISSION.—The term ‘‘Commission’’ 

17 means the United States International Trade Com18 mission. 

19 (3) COMMISSION DISCLOSURE FORM.—The term 

20 ‘‘Commission disclosure form’’ means, with respect to 

21 a proposed duty suspension or reduction, a document 

22 submitted by a member of the public to the Commis23 sion that contains the following: 
182 

† HR 644 EAS 

1 (A) The contact information for any known 

2 importers of the article to which the proposed 

3 duty suspension or reduction would apply. 

4 (B) A certification by the member of the 

5 public that the proposed duty suspension or re6 duction is available to any person importing the 

7 article to which the proposed duty suspension or 

8 reduction would apply. 

9 (4) DOMESTIC PRODUCER.—The term ‘‘domestic 

10 producer’’ means a person that demonstrates produc11 tion, or imminent production, in the United States of 

12 an article that is identical to, or like or directly com13 petitive with, an article to which a proposed duty 

14 suspension or reduction would apply. 

15 (5) DUTY SUSPENSION OR REDUCTION.— 

16 (A) IN GENERAL.—The term ‘‘duty suspen17 sion or reduction’’ means an amendment to sub18 chapter II of chapter 99 of the Harmonized Tar19 iff Schedule of the United States that— 

20 (i)(I) extends an existing temporary 

21 duty suspension or reduction of duty on an 

22 article under that subchapter; or 

23 (II) provides for a new temporary duty 

24 suspension or reduction of duty on an arti25 cle under that subchapter; and 
183 

† HR 644 EAS 

1 (ii) otherwise meets the requirements 

2 described in subparagraph (B). 

3 (B) REQUIREMENTS.—A duty suspension or 

4 reduction meets the requirements described in 

5 this subparagraph if— 

6 (i) the duty suspension or reduction 

7 can be administered by U.S. Customs and 

8 Border Protection; 

9 (ii) the estimated loss in revenue to the 

10 United States from the duty suspension or 

11 reduction does not exceed $500,000 in a cal12 endar year during which the duty suspen13 sion or reduction would be in effect, as de14 termined by the Congressional Budget Of15 fice; and 

16 (iii) the duty suspension or reduction 

17 is available to any person importing the ar18 ticle that is the subject of the duty suspen19 sion or reduction. 

20 (6) MEMBER OF CONGRESS.—The term ‘‘Member 

21 of Congress’’ means a Senator or a Representative in, 

22 or Delegate or Resident Commissioner to, Congress. 

23 (7) MISCELLANEOUS TARIFF BILL.—The term 

24 ‘‘miscellaneous tariff bill’’ means a bill of either 

25 House of Congress that contains only— 
184 

† HR 644 EAS 

1 (A) duty suspensions and reductions that— 

2 (i) meet the applicable requirements 

3 for— 

4 (I) consideration of duty suspen5 sions and reductions described in sec6 tion 803; or 

7 (II) any other process required 

8 under the Rules of the House of Rep9 resentatives or the Senate; and 

10 (ii) are not the subject of an objection 

11 because such duty suspensions and reduc12 tions do not comply with the requirements 

13 of this title from— 

14 (I) a Member of Congress; or 

15 (II) a domestic producer, as con16 tained in comments submitted to the 

17 appropriate congressional committees, 

18 the Commission, or the Department of 

19 Commerce under section 803; and 

20 (B) provisions included in bills introduced 

21 in the House of Representatives or the Senate 

22 pursuant to a process described in subparagraph 

23 (A)(i)(II) that correct an error in the text or ad24 ministration of a provision of the Harmonized 

25 Tariff Schedule of the United States. 
185 

† HR 644 EAS 

1 TITLE IX—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 901. DE MINIMIS VALUE. 

4 (a) FINDINGS.—Congress makes the following findings: 

5 (1) Modernizing international customs is critical 

6 for United States businesses of all sizes, consumers in 

7 the United States, and the economic growth of the 

8 United States. 

9 (2) Higher thresholds for the value of articles 

10 that may be entered informally and free of duty pro11 vide significant economic benefits to businesses and 

12 consumers in the United States and the economy of 

13 the United States through costs savings and reduc14 tions in trade transaction costs. 

15 (b) SENSE OF CONGRESS.—It is the sense of Congress 

16 that the United States Trade Representative should encour17 age other countries, through bilateral, regional, and multi18 lateral fora, to establish commercially meaningful de mini19 mis values for express and postal shipments that are exempt 

20 from customs duties and taxes and from certain entry docu21 mentation requirements, as appropriate. 

22 (c) DE MINIMIS VALUE.—Section 321(a)(2)(C) of the 

23 Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(C)) is amended 

24 by striking ‘‘$200’’ and inserting ‘‘$800’’. 
186 

† HR 644 EAS 

1 (d) EFFECTIVE DATE.—The amendment made by sub2 section (c) shall apply with respect to articles entered, or 

3 withdrawn from warehouse for consumption, on or after the 

4 15th day after the date of the enactment of this Act. 

5 SEC. 902. CONSULTATION ON TRADE AND CUSTOMS REV6 ENUE FUNCTIONS. 

7 Section 401(c) of the Safety and Accountability for 

8 Every Port Act (6 U.S.C. 115(c)) is amended— 

9 (1) in paragraph (1), by striking ‘‘on Depart10 ment policies and actions that have’’ and inserting 

11 ‘‘not later than 30 days after proposing, and not later 

12 than 30 days before finalizing, any Department poli13 cies, initiatives, or actions that will have’’; and 

14 (2) in paragraph (2)(A), by striking ‘‘not later 

15 than 30 days prior to the finalization of’’ and insert16 ing ‘‘not later than 60 days before proposing, and not 

17 later than 60 days before finalizing,’’. 

18 SEC. 903. PENALTIES FOR CUSTOMS BROKERS. 

19 (a) IN GENERAL.—Section 641(d)(1) of the Tariff Act 

20 of 1930 (19 U.S.C. 1641(d)(1)) is amended— 

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

22 inserting a semicolon; 

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

24 and inserting ‘‘; or’’; and 

25 (3) by adding at the end the following: 
187 

† HR 644 EAS 

1 ‘‘(G) has been convicted of committing or 

2 conspiring to commit an act of terrorism de3 scribed in section 2332b of title 18, United 

4 States Code.’’. 

5 (b) TECHNICAL AMENDMENTS.—Section 641 of the 

6 Tariff Act of 1930 (19 U.S.C. 1641) is amended— 

7 (1) by striking ‘‘the Customs Service’’ each place 

8 it appears and inserting ‘‘U.S. Customs and Border 

9 Protection’’; 

10 (2) in subsection (d)(2)(B), by striking ‘‘The 

11 Customs Service’’ and inserting ‘‘U.S. Customs and 

12 Border Protection’’; and 

13 (3) in subsection (g)(2)(B), by striking ‘‘Sec14 retary’s notice’’ and inserting ‘‘notice under subpara15 graph (A)’’. 

16 SEC. 904. AMENDMENTS TO CHAPTER 98 OF THE HAR17 MONIZED TARIFF SCHEDULE OF THE UNITED 

18 STATES. 

19 (a) ARTICLES EXPORTED AND RETURNED, ADVANCED

20 OR IMPROVED ABROAD.— 

21 (1) IN GENERAL.—U.S. Note 3 to subchapter II 

22 of chapter 98 of the Harmonized Tariff Schedule of 

23 the United States is amended by adding at the end 

24 the following: 
188 

† HR 644 EAS 

1 ‘‘(f)(1) For purposes of subheadings 9802.00.40 and 

2 9802.00.50, fungible articles exported from the United 

3 States for the purposes described in such subheadings— 

4 ‘‘(A) may be commingled; and 

5 ‘‘(B) the origin, value, and classification of such 

6 articles may be accounted for using an inventory 

7 management method. 

8 ‘‘(2) If a person chooses to use an inventory manage9 ment method under this paragraph with respect to fungible 

10 articles, the person shall use the same inventory manage11 ment method for any other articles with respect to which 

12 the person claims fungibility under this paragraph. 

13 ‘‘(3) For the purposes of this paragraph— 

14 ‘‘(A) the term ‘fungible articles’ means merchan15 dise or articles that, for commercial purposes, are 

16 identical or interchangeable in all situations; and 

17 ‘‘(B) the term ‘inventory management method’ 

18 means any method for managing inventory that is 

19 based on generally accepted accounting principles.’’. 

20 (2) EFFECTIVE DATE.—The amendment made by 

21 this subsection applies to articles classifiable under 

22 subheading 9802.00.40 or 9802.00.50 of the Har23 monized Tariff Schedule of the United States that are 

24 entered, or withdrawn from warehouse for consump-
189 

† HR 644 EAS 

1 tion, on or after the date that is 60 days after the 

2 date of the enactment of this Act. 

3 (b) MODIFICATION OF PROVISIONS RELATING TO RE4 TURNED PROPERTY.— 

5 (1) IN GENERAL.—The article description for 

6 heading 9801.00.10 of the Harmonized Tariff Sched7 ule of the United States is amended by inserting after 

8 ‘‘exported’’ the following: ‘‘, or any other products 

9 when returned within 3 years after having been ex10 ported’’. 

11 (2) EFFECTIVE DATE.—The amendment made by 

12 paragraph (1) applies to articles entered, or with13 drawn from warehouse for consumption, on or after 

14 the date that is 60 days after the date of the enact15 ment of this Act. 

16 (c) DUTY-FREE TREATMENT FOR CERTAIN UNITED

17 STATES GOVERNMENT PROPERTY RETURNED TO THE

18 UNITED STATES.— 

19 (1) IN GENERAL.—Subchapter I of chapter 98 of 

20 the Harmonized Tariff Schedule of the United States 

21 is amended by inserting in numerical sequence the 

22 following new heading: 
190 

† HR 644 EAS 

‘‘ 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 ’’. 

1 (2) EFFECTIVE DATE.—The amendment made by 

2 paragraph (1) applies to goods entered, or withdrawn 

3 from warehouse for consumption, on or after the date 

4 that is 60 days after the date of the enactment of this 

5 Act. 

6 SEC. 905. EXEMPTION FROM DUTY OF RESIDUE OF BULK 

7 CARGO CONTAINED IN INSTRUMENTS OF 

8 INTERNATIONAL TRAFFIC PREVIOUSLY EX9 PORTED FROM THE UNITED STATES. 

10 (a) IN GENERAL.—General Note 3(e) of the Har11 monized Tariff Schedule of the United States is amended— 

12 (1) in subparagraph (v), by striking ‘‘and’’ at 

13 the end; 

14 (2) in subparagraph (vi), by adding ‘‘and’’ at 

15 the end; 

16 (3) by inserting after subparagraph (vi) (as so 

17 amended) the following new subparagraph: 

18 ‘‘(vii) residue of bulk cargo contained in in19 struments of international traffic previously ex20 ported from the United States,’’; and 
191 

† HR 644 EAS 

1 (4) by adding at the end of the flush text fol2 lowing subparagraph (vii) (as so added) the fol3 lowing: ‘‘For purposes of subparagraph (vii) of this 

4 paragraph: The term ‘residue’ means material of bulk 

5 cargo that remains in an instrument of international 

6 traffic after the bulk cargo is removed, with a quan7 tity, by weight or volume, not exceeding 7 percent of 

8 the bulk cargo, and with no or de minimis value. The 

9 term ‘bulk cargo’ means cargo that is unpackaged and 

10 is in either solid, liquid, or gaseous form. The term 

11 ‘instruments of international traffic’ means con12 tainers or holders, capable of and suitable for repeated 

13 use, such as lift vans, cargo vans, shipping tanks, 

14 skids, pallets, caul boards, and cores for textile fab15 rics, arriving (whether loaded or empty) in use or to 

16 be used in the shipment of merchandise in inter17 national traffic, and any additional articles or classes 

18 of articles that the Commissioner responsible for U.S. 

19 Customs and Border Protection designates as instru20 ments of international traffic.’’. 

21 (b) EFFECTIVE DATE.—The amendments made by sub22 section (a) take effect on the date of the enactment of this 

23 Act and apply with respect to residue of bulk cargo con24 tained in instruments of international traffic that are im25 ported into the customs territory of the United States on 
192 

† HR 644 EAS 

1 or after such date of enactment and that previously have 

2 been exported from the United States. 

3 SEC. 906. DRAWBACK AND REFUNDS. 

4 (a) ARTICLES MADE FROM IMPORTED MERCHAN5 DISE.—Section 313(a) of the Tariff Act of 1930 (19 U.S.C. 

6 1313(a)) is amended by striking ‘‘the full amount of the 

7 duties paid upon the merchandise so used shall be refunded 

8 as drawback, less 1 per centum of such duties, except that 

9 such’’ and inserting ‘‘an amount calculated pursuant to 

10 regulations prescribed by the Secretary of the Treasury 

11 under subsection (l) shall be refunded as drawback, except 

12 that’’. 

13 (b) SUBSTITUTION FOR DRAWBACK PURPOSES.—Sec14 tion 313(b) of the Tariff Act of 1930 (19 U.S.C. 1313(b)) 

15 is amended— 

16 (1) by striking ‘‘If imported’’ and inserting the 

17 following: 

18 ‘‘(1) IN GENERAL.—If imported’’; 

19 (2) by striking ‘‘and any other merchandise 

20 (whether imported or domestic) of the same kind and 

21 quality are’’ and inserting ‘‘or merchandise classifi22 able under the same 8-digit HTS subheading number 

23 as such imported merchandise is’’; 

24 (3) by striking ‘‘three years’’ and inserting ‘‘5 

25 years’’; 
193 

† HR 644 EAS 

1 (4) by striking ‘‘the receipt of such imported 

2 merchandise by the manufacturer or producer of such 

3 articles’’ and inserting ‘‘the date of importation of 

4 such imported merchandise’’; 

5 (5) by inserting ‘‘or articles classifiable under 

6 the same 8-digit HTS subheading number as such ar7 ticles,’’ after ‘‘any such articles,’’; 

8 (6) by striking ‘‘an amount of drawback equal 

9 to’’ and all that follows through the end period and 

10 inserting ‘‘an amount calculated pursuant to regula11 tions prescribed by the Secretary of the Treasury 

12 under subsection (l), but only if those articles have 

13 not been used prior to such exportation or destruc14 tion.’’; and 

15 (7) by adding at the end the following: 

16 ‘‘(2) REQUIREMENTS RELATING TO TRANSFER OF

17 MERCHANDISE.— 

18 ‘‘(A) MANUFACTURERS AND PRODUCERS.— 

19 Drawback shall be allowed under paragraph (1) 

20 with respect to an article manufactured or pro21 duced using imported merchandise or other mer22 chandise classifiable under the same 8-digit HTS 

23 subheading number as such imported merchan24 dise only if the manufacturer or producer of the 

25 article received such imported merchandise or 
194 

† HR 644 EAS 

1 such other merchandise, directly or indirectly, 

2 from the importer. 

3 ‘‘(B) EXPORTERS AND DESTROYERS.— 

4 Drawback shall be allowed under paragraph (1) 

5 with respect to a manufactured or produced arti6 cle that is exported or destroyed only if the ex7 porter or destroyer received that article or an ar8 ticle classifiable under the same 8-digit HTS 

9 subheading number as that article, directly or 

10 indirectly, from the manufacturer or producer. 

11 ‘‘(C) EVIDENCE OF TRANSFER.—Transfers 

12 of merchandise under subparagraph (A) and 

13 transfers of articles under subparagraph (B) 

14 may be evidenced by business records kept in the 

15 normal course of business and no additional cer16 tificates of transfer or manufacture shall be re17 quired. 

18 ‘‘(3) SUBMISSION OF BILL OF MATERIALS OR

19 FORMULA.— 

20 ‘‘(A) IN GENERAL.—Drawback shall be al21 lowed under paragraph (1) with respect to an 

22 article manufactured or produced using im23 ported merchandise or other merchandise classifi24 able under the same 8-digit HTS subheading 

25 number as such imported merchandise only if 
195 

† HR 644 EAS 

1 the person making the drawback claim submits 

2 with the claim a bill of materials or formula 

3 identifying the merchandise and article by the 8- 

4 digit HTS subheading number and the quantity 

5 of the merchandise. 

6 ‘‘(B) BILL OF MATERIALS AND FORMULA

7 DEFINED.—In this paragraph, the terms ‘bill of 

8 materials’ and ‘formula’ mean records kept in 

9 the normal course of business that identify each 

10 component incorporated into a manufactured or 

11 produced article or that identify the quantity of 

12 each element, material, chemical, mixture, or 

13 other substance incorporated into a manufac14 tured article. 

15 ‘‘(4) SPECIAL RULE FOR SOUGHT CHEMICAL

16 ELEMENTS.— 

17 ‘‘(A) IN GENERAL.—For purposes of para18 graph (1), a sought chemical element may be— 

19 ‘‘(i) considered imported merchandise, 

20 or merchandise classifiable under the same 

21 8-digit HTS subheading number as such 

22 imported merchandise, used in the manu23 facture or production of an article as de24 scribed in paragraph (1); and 
196 

† HR 644 EAS 

1 ‘‘(ii) substituted for source material 

2 containing that sought chemical element, 

3 without regard to whether the sought chem4 ical element and the source material are 

5 classifiable under the same 8-digit HTS 

6 subheading number, and apportioned quan7 titatively, as appropriate. 

8 ‘‘(B) SOUGHT CHEMICAL ELEMENT DE9 FINED.—In this paragraph, the term ‘sought 

10 chemical element’ means an element listed in the 

11 Periodic Table of Elements that is imported into 

12 the United States or a chemical compound con13 sisting of those elements, either separately in ele14 mental form or contained in source material.’’. 

15 (c) MERCHANDISE NOT CONFORMING TO SAMPLE OR

16 SPECIFICATIONS.—Section 313(c) of the Tariff Act of 1930 

17 (19 U.S.C. 1313(c)) is amended— 

18 (1) in paragraph (1)— 

19 (A) in subparagraph (C)(ii), by striking 

20 ‘‘under a certificate of delivery’’ each place it ap21 pears; 

22 (B) in subparagraph (D)— 

23 (i) by striking ‘‘3’’ and inserting ‘‘5’’; 

24 and 
197 

† HR 644 EAS 

1 (ii) by striking ‘‘the Customs Service’’ 

2 and inserting ‘‘U.S. Customs and Border 

3 Protection’’; and 

4 (C) in the flush text at the end, by striking 

5 ‘‘the full amount of the duties paid upon such 

6 merchandise, less 1 percent,’’ and inserting ‘‘an 

7 amount calculated pursuant to regulations pre8 scribed by the Secretary of the Treasury under 

9 subsection (l)’’; 

10 (2) in paragraph (2), by striking ‘‘the Customs 

11 Service’’ and inserting ‘‘U.S. Customs and Border 

12 Protection’’; and 

13 (3) by amending paragraph (3) to read as fol14 lows: 

15 ‘‘(3) EVIDENCE OF TRANSFERS.—Transfers of 

16 merchandise under paragraph (1) may be evidenced 

17 by business records kept in the normal course of busi18 ness and no additional certificates of transfer shall be 

19 required.’’. 

20 (d) PROOF OF EXPORTATION.—Section 313(i) of the 

21 Tariff Act of 1930 (19 U.S.C. 1313(i)) is amended to read 

22 as follows: 

23 ‘‘(i) PROOF OF EXPORTATION.—A person claiming 

24 drawback under this section based on the exportation of an 
198 

† HR 644 EAS 

1 article shall provide proof of the exportation of the article. 

2 Such proof of exportation— 

3 ‘‘(1) shall establish fully the date and fact of ex4 portation and the identity of the exporter; and 

5 ‘‘(2) may be established through the use of 

6 records kept in the normal course of business or 

7 through an electronic export system of the United 

8 States Government, as determined by the Commis9 sioner responsible for U.S. Customs and Border Pro10 tection.’’. 

11 (e) UNUSED MERCHANDISE DRAWBACK.—Section 

12 313(j) of the Tariff Act of 1930 (19 U.S.C. 1313(j)) is 

13 amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (A), in the matter pre16 ceding clause (i)— 

17 (i) by striking ‘‘3-year’’ and inserting 

18 ‘‘5-year’’; and 

19 (ii) by inserting ‘‘and before the draw20 back claim is filed’’ after ‘‘the date of im21 portation’’; and 

22 (B) in the flush text at the end, by striking 

23 ‘‘99 percent of the amount of each duty, tax, or 

24 fee so paid’’ and inserting ‘‘an amount cal-
199 

† HR 644 EAS 

1 culated pursuant to regulations prescribed by the 

2 Secretary of the Treasury under subsection (l)’’; 

3 (2) in paragraph (2)— 

4 (A) in the matter preceding subparagraph 

5 (A), by striking ‘‘paragraph (4)’’ and inserting 

6 ‘‘paragraphs (4), (5), and (6)’’; 

7 (B) in subparagraph (A), by striking ‘‘com8 mercially interchangeable with’’ and inserting 

9 ‘‘classifiable under the same 8-digit HTS sub10 heading number as’’; 

11 (C) in subparagraph (B)— 

12 (i) by striking ‘‘3-year’’ and inserting 

13 ‘‘5-year’’; and 

14 (ii) by inserting ‘‘and before the draw15 back claim is filed’’ after ‘‘the imported 

16 merchandise’’; 

17 (D) in subparagraph (C)(ii), by striking 

18 subclause (II) and inserting the following: 

19 ‘‘(II) received the imported mer20 chandise, other merchandise classifiable 

21 under the same 8-digit HTS sub22 heading number as such imported mer23 chandise, or any combination of such 

24 imported merchandise and such other 

25 merchandise, directly or indirectly 
200 

† HR 644 EAS 

1 from the person who imported and 

2 paid any duties, taxes, and fees im3 posed under Federal law upon impor4 tation or entry and due on the im5 ported merchandise (and any such 

6 transferred merchandise, regardless of 

7 its origin, will be treated as the im8 ported merchandise and any retained 

9 merchandise will be treated as domestic 

10 merchandise);’’; and 

11 (E) in the flush text at the end— 

12 (i) by striking ‘‘the amount of each 

13 such duty, tax, and fee’’ and all that follows 

14 through ‘‘99 percent of that duty, tax, or 

15 fee’’ and inserting ‘‘an amount calculated 

16 pursuant to regulations prescribed by the 

17 Secretary of the Treasury under subsection 

18 (l) shall be refunded as drawback’’; and 

19 (ii) by striking the last sentence and 

20 inserting the following: ‘‘Notwithstanding 

21 subparagraph (A), drawback shall be al22 lowed under this paragraph with respect to 

23 wine if the imported wine and the exported 

24 wine are of the same color and the price 

25 variation between the imported wine and 
201 

† HR 644 EAS 

1 the exported wine does not exceed 50 per2 cent. Transfers of merchandise may be evi3 denced by business records kept in the nor4 mal course of business and no additional 

5 certificates of transfer shall be required.’’; 

6 (3) in paragraph (3)(B), by striking ‘‘the com7 mercially interchangeable merchandise’’ and inserting 

8 ‘‘merchandise classifiable under the same 8-digit HTS 

9 subheading number as such imported merchandise’’; 

10 and 

11 (4) by adding at the end the following: 

12 ‘‘(5)(A) For purposes of paragraph (2) and ex13 cept as provided in subparagraph (B), merchandise 

14 may not be substituted for imported merchandise for 

15 drawback purposes based on the 8-digit HTS sub16 heading number if the article description for the 8- 

17 digit HTS subheading number under which the im18 ported merchandise is classified begins with the term 

19 ‘other’. 

20 ‘‘(B) In cases described in subparagraph (A), 

21 merchandise may be substituted for imported mer22 chandise for drawback purposes if— 

23 ‘‘(i) the other merchandise and such im24 ported merchandise are classifiable under the 
202 

† HR 644 EAS 

1 same 10-digit HTS statistical reporting number; 

2 and 

3 ‘‘(ii) the article description for that 10-digit 

4 HTS statistical reporting number does not begin 

5 with the term ‘other’. 

6 ‘‘(6)(A) For purposes of paragraph (2), a draw7 back claimant may use the first 8 digits of the 10- 

8 digit Schedule B number for merchandise or an arti9 cle to determine if the merchandise or article is classi10 fiable under the same 8-digit HTS subheading num11 ber as the imported merchandise, without regard to 

12 whether the Schedule B number corresponds to more 

13 than one 8-digit HTS subheading number. 

14 ‘‘(B) In this paragraph, the term ‘Schedule B’ 

15 means the Department of Commerce Schedule B, Sta16 tistical Classification of Domestic and Foreign Com17 modities Exported from the United States.’’. 

18 (f) LIABILITY FOR DRAWBACK CLAIMS.—Section 

19 313(k) of the Tariff Act of 1930 (19 U.S.C. 1313(k)) is 

20 amended to read as follows: 

21 ‘‘(k) LIABILITY FOR DRAWBACK CLAIMS.— 

22 ‘‘(1) IN GENERAL.—Any person making a claim 

23 for drawback under this section shall be liable for the 

24 full amount of the drawback claimed. 
203 

† HR 644 EAS 

1 ‘‘(2) LIABILITY OF IMPORTERS.—An importer 

2 shall be liable for any drawback claim made by an3 other person with respect to merchandise imported by 

4 the importer in an amount equal to the lesser of— 

5 ‘‘(A) the amount of duties, taxes, and fees 

6 that the person claimed with respect to the im7 ported merchandise; or 

8 ‘‘(B) the amount of duties, taxes, and fees 

9 that the importer authorized the other person to 

10 claim with respect to the imported merchandise. 

11 ‘‘(3) JOINT AND SEVERAL LIABILITY.—Persons 

12 described in paragraphs (1) and (2) shall be jointly 

13 and severally liable for the amount described in para14 graph (2).’’. 

15 (g) REGULATIONS.—Section 313(l) of the Tariff Act of 

16 1930 (19 U.S.C. 1313(l)) is amended to read as follows: 

17 ‘‘(l) REGULATIONS.— 

18 ‘‘(1) IN GENERAL.—Allowance of the privileges 

19 provided for in this section shall be subject to compli20 ance with such rules and regulations as the Secretary 

21 of the Treasury shall prescribe. 

22 ‘‘(2) CALCULATION OF DRAWBACK.— 

23 ‘‘(A) IN GENERAL.—Not later than the date 

24 that is 2 years after the date of the enactment of 

25 the Trade Facilitation and Trade Enforcement 
204 

† HR 644 EAS 

1 Act of 2015 (or, if later, the effective date pro2 vided for in section 906(q)(2)(B) of that Act), the 

3 Secretary shall prescribe regulations for deter4 mining the calculation of amounts refunded as 

5 drawback under this section. 

6 ‘‘(B) REQUIREMENTS.—The regulations re7 quired by subparagraph (A) for determining the 

8 calculation of amounts refunded as drawback 

9 under this section shall provide for a refund of 

10 99 percent of the duties, taxes, and fees paid 

11 with respect to the imported merchandise, except 

12 that where there is substitution of the merchan13 dise or article, then— 

14 ‘‘(i) in the case of an article that is ex15 ported, the amount of the refund shall be 

16 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 
205 

† HR 644 EAS 

1 ‘‘(ii) in the case of an article that is 

2 destroyed, the amount of the refund shall be 

3 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; and 

13 ‘‘(II) reduced by the value of ma14 terials recovered during destruction as 

15 provided in subsection (x). 

16 ‘‘(3) STATUS REPORTS ON REGULATIONS.—Not 

17 later than the date that is one year after the date of 

18 the enactment of the Trade Facilitation and Trade 

19 Enforcement Act of 2015, and annually thereafter 

20 until the regulations required by paragraph (2) are 

21 final, the Secretary shall submit to Congress a report 

22 on the status of those regulations.’’. 

23 (h) SUBSTITUTION OF FINISHED PETROLEUM DERIVA24 TIVES.—Section 313(p) of the Tariff Act of 1930 (19 U.S.C. 

25 1313(p)) is amended— 
206 

† HR 644 EAS 

1 (1) by striking ‘‘Harmonized Tariff Schedule of 

2 the United States’’ each place it appears and insert3 ing ‘‘HTS’’; and 

4 (2) in paragraph (3)(A)— 

5 (A) in clause (ii)(III), by striking ‘‘, as so 

6 certified in a certificate of delivery or certificate 

7 of manufacture and delivery’’; and 

8 (B) in the flush text at the end— 

9 (i) by striking ‘‘, as so designated on 

10 the certificate of delivery or certificate of 

11 manufacture and delivery’’; and 

12 (ii) by striking the last sentence and 

13 inserting the following: ‘‘The party transfer14 ring the merchandise shall maintain records 

15 kept in the normal course of business to 

16 demonstrate the transfer.’’. 

17 (i) PACKAGING MATERIAL.—Section 313(q) of the Tar18 iff Act of 1930 (19 U.S.C. 1313(q)) is amended— 

19 (1) in paragraph (1), by striking ‘‘of 99 percent 

20 of any duty, tax, or fee imposed under Federal law 

21 on such imported material’’ and inserting ‘‘in an 

22 amount calculated pursuant to regulations prescribed 

23 by the Secretary of the Treasury under subsection 

24 (l)’’; 
207 

† HR 644 EAS 

1 (2) in paragraph (2), by striking ‘‘of 99 percent 

2 of any duty, tax, or fee imposed under Federal law 

3 on the imported or substituted merchandise used to 

4 manufacture or produce such material’’ and inserting 

5 ‘‘in an amount calculated pursuant to regulations 

6 prescribed by the Secretary of the Treasury under 

7 subsection (l)’’; and 

8 (3) in paragraph (3), by striking ‘‘they contain’’ 

9 and inserting ‘‘it contains’’. 

10 (j) FILING OF DRAWBACK CLAIMS.—Section 313(r) of 

11 the Tariff Act of 1930 (19 U.S.C. 1313(r)) is amended— 

12 (1) in paragraph (1)— 

13 (A) by striking the first sentence and insert14 ing the following: ‘‘A drawback entry shall be 

15 filed or applied for, as applicable, not later than 

16 5 years after the date on which merchandise on 

17 which drawback is claimed was imported.’’; 

18 (B) in the second sentence, by striking ‘‘3- 

19 year’’ and inserting ‘‘5-year’’; and 

20 (C) in the third sentence, by striking ‘‘the 

21 Customs Service’’ and inserting ‘‘U.S. Customs 

22 and Border Protection’’; 

23 (2) in paragraph (3)— 

24 (A) in subparagraph (A)— 
208 

† HR 644 EAS 

1 (i) in the matter preceding clause (i), 

2 by striking ‘‘The Customs Service’’ and in3 serting ‘‘U.S. Customs and Border Protec4 tion’’; 

5 (ii) in clauses (i) and (ii), by striking 

6 ‘‘the Customs Service’’ each place it appears 

7 and inserting ‘‘U.S. Customs and Border 

8 Protection’’; and 

9 (iii) in clause (ii)(I), by striking ‘‘3- 

10 year’’ and inserting ‘‘5-year’’; and 

11 (B) in subparagraph (B), by striking ‘‘the 

12 periods of time for retaining records set forth in 

13 subsection (t) of this section and’’ and inserting 

14 ‘‘the period of time for retaining records set forth 

15 in’’; and 

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

17 ‘‘(4) All drawback claims filed on and after the 

18 date that is 2 years after the date of the enactment 

19 of the Trade Facilitation and Trade Enforcement Act 

20 of 2015 (or, if later, the effective date provided for in 

21 section 906(q)(2)(B) of that Act) shall be filed elec22 tronically.’’. 

23 (k) DESIGNATION OF MERCHANDISE BY SUCCESSOR.— 

24 Section 313(s) of the Tariff Act of 1930 (19 U.S.C. 1313(s)) 

25 is amended— 
209 

† HR 644 EAS 

1 (1) in paragraph (2), by striking subparagraph 

2 (B) and inserting the following: 

3 ‘‘(B) subject to paragraphs (5) and (6) of 

4 subsection (j), imported merchandise, other mer5 chandise classifiable under the same 8-digit HTS 

6 subheading number as such imported merchan7 dise, or any combination of such imported mer8 chandise and such other merchandise, that the 

9 predecessor received, before the date of succession, 

10 from the person who imported and paid any du11 ties, taxes, and fees due on the imported mer12 chandise;’’; and 

13 (2) in paragraph (4), by striking ‘‘certifies that’’ 

14 and all that follows and inserting ‘‘certifies that the 

15 transferred merchandise was not and will not be 

16 claimed by the predecessor.’’. 

17 (l) DRAWBACK CERTIFICATES.—Section 313 of the 

18 Tariff Act of 1930 (19 U.S.C. 1313) is amended by striking 

19 subsection (t). 

20 (m) DRAWBACK FOR RECOVERED MATERIALS.—Sec21 tion 313(x) of the Tariff Act of 1930 (19 U.S.C. 1313(x)) 

22 is amended by striking ‘‘and (c)’’ and inserting ‘‘(c), and 

23 (j)’’. 
210 

† HR 644 EAS 

1 (n) DEFINITIONS.—Section 313 of the Tariff Act of 

2 1930 (19 U.S.C. 1313) is amended by adding at the end 

3 the following: 

4 ‘‘(z) DEFINITIONS.—In this section: 

5 ‘‘(1) DIRECTLY.—The term ‘directly’ means a 

6 transfer of merchandise or an article from one person 

7 to another person without any intermediate transfer. 

8 ‘‘(2) HTS.—The term ‘HTS’ means the Har9 monized Tariff Schedule of the United States. 

10 ‘‘(3) INDIRECTLY.—The term ‘indirectly’ means 

11 a transfer of merchandise or an article from one per12 son to another person with one or more intermediate 

13 transfers.’’. 

14 (o) RECORDKEEPING.—Section 508(c)(3) of the Tariff 

15 Act of 1930 (19 U.S.C. 1508(c)(3)) is amended— 

16 (1) by striking ‘‘3rd’’ and inserting ‘‘5th’’; and 

17 (2) by striking ‘‘payment’’ and inserting ‘‘liq18 uidation’’. 

19 (p) GOVERNMENT ACCOUNTABILITY OFFICE RE20 PORT.— 

21 (1) IN GENERAL.—Not later than one year after 

22 the issuance of the regulations required by subsection 

23 (l)(2) of section 313 of the Tariff Act of 1930, as 

24 added by subsection (g), the Comptroller General of 

25 the United States shall submit to the Committee on 
211 

† HR 644 EAS 

1 Finance of the Senate and the Committee on Ways 

2 and Means of the House of Representatives a report 

3 on the modernization of drawback and refunds under 

4 section 313 of the Tariff Act of 1930, as amended by 

5 this section. 

6 (2) CONTENTS.—The report required by para7 graph (1) include the following: 

8 (A) An assessment of the modernization of 

9 drawback and refunds under section 313 of the 

10 Tariff Act of 1930, as amended by this section. 

11 (B) A description of drawback claims that 

12 were permissible before the effective date provided 

13 for in subsection (q) that are not permissible 

14 after that effective date and an identification of 

15 industries most affected. 

16 (C) A description of drawback claims that 

17 were not permissible before the effective date pro18 vided for in subsection (q) that are permissible 

19 after that effective date and an identification of 

20 industries most affected. 

21 (q) EFFECTIVE DATE.— 

22 (1) IN GENERAL.—The amendments made by 

23 this section shall— 

24 (A) take effect on the date of the enactment 

25 of this Act; and 
212 

† HR 644 EAS 

1 (B) except as provided in paragraphs 

2 (2)(B) and (3), apply to drawback claims filed 

3 on or after the date that is 2 years after such 

4 date of enactment. 

5 (2) REPORTING OF OPERABILITY OF AUTOMATED

6 COMMERCIAL ENVIRONMENT COMPUTER SYSTEM.— 

7 (A) IN GENERAL.—Not later than one year 

8 after the date of the enactment of this Act, and 

9 not later than 2 years after such date of enact10 ment, the Secretary of the Treasury shall submit 

11 to Congress a report on— 

12 (i) the date on which the Automated 

13 Commercial Environment will be ready to 

14 process drawback claims; and 

15 (ii) the date on which the Automated 

16 Export System will be ready to accept proof 

17 of exportation under subsection (i) of sec18 tion 313 of the Tariff Act of 1930, as 

19 amended by subsection (d). 

20 (B) DELAY OF EFFECTIVE DATE.—If the 

21 Secretary indicates in the report required by 

22 subparagraph (A) that the Automated Commer23 cial Environment will not be ready to process 

24 drawback claims by the date that is 2 years after 

25 the date of the enactment of this Act, the amend-
213 

† HR 644 EAS 

1 ments made by this section shall apply to draw2 back claims filed on and after the date on which 

3 the Secretary certifies that the Automated Com4 mercial Environment is ready to process draw5 back claims. 

6 (3) TRANSITION RULE.—During the one-year pe7 riod beginning on the date that is 2 years after the 

8 date of the enactment of this Act (or, if later, the ef9 fective date provided for in paragraph (2)(B)), a per10 son may elect to file a claim for drawback under— 

11 (A) section 313 of the Tariff Act of 1930, as 

12 amended by this section; or 

13 (B) section 313 of the Tariff Act of 1930, as 

14 in effect on the day before the date of the enact15 ment of this Act. 

16 SEC. 907. INCLUSION OF CERTAIN INFORMATION IN SUB17 MISSION OF NOMINATION FOR APPOINTMENT 

18 AS DEPUTY UNITED STATES TRADE REP19 RESENTATIVE. 

20 Section 141(b) of the Trade Act of 1974 (19 U.S.C. 

21 2171(b)) is amended by adding at the end the following: 

22 ‘‘(5) When the President submits to the Senate for its 

23 advice and consent a nomination of an individual for ap24 pointment as a Deputy United States Trade Representative 

25 under paragraph (2), the President shall include in that 
214 

† HR 644 EAS 

1 submission information on the country, regional offices, 

2 and functions of the Office of the United States Trade Rep3 resentative with respect to which that individual will have 

4 responsibility.’’. 

5 SEC. 908. BIENNIAL REPORTS REGARDING COMPETITIVE6 NESS ISSUES FACING THE UNITED STATES 

7 ECONOMY AND COMPETITIVE CONDITIONS 

8 FOR CERTAIN KEY UNITED STATES INDUS9 TRIES. 

10 (a) IN GENERAL.—The United States International 

11 Trade Commission shall conduct a series of investigations, 

12 and submit a report on each such investigation in accord13 ance with subsection (c), regarding competitiveness issues 

14 facing the economy of the United States and competitive 

15 conditions for certain key United States industries. 

16 (b) CONTENTS OF REPORT.— 

17 (1) IN GENERAL.—Each report required by sub18 section (a) shall include, to the extent practicable, the 

19 following: 

20 (A) A detailed assessment of competitiveness 

21 issues facing the economy of the United States, 

22 over the 10-year period beginning on the date on 

23 which the report is submitted, that includes— 

24 (i) projections, over that 10-year pe25 riod, of economic measures, such as meas-
215 

† HR 644 EAS 

1 ures relating to production in the United 

2 States and United States trade, for the 

3 economy of the United States and for key 

4 United States industries, based on ongoing 

5 trends in the economy of the United States 

6 and global economies and incorporating es7 timates from prominent United States, for8 eign, multinational, and private sector or9 ganizations; and 

10 (ii) a description of factors that drive 

11 economic growth, such as domestic produc12 tivity, the United States workforce, foreign 

13 demand for United States goods and serv14 ices, and industry-specific developments. 

15 (B) A detailed assessment of a key United 

16 States industry or key United States industries 

17 that, to the extent practicable— 

18 (i) identifies with respect to each such 

19 industry the principal factors driving com20 petitiveness as of the date on which the re21 port is submitted; and 

22 (ii) describes, with respect to each such 

23 industry, the structure of the global indus24 try, its market characteristics, current in25 dustry trends, relevant policies and pro-
216 

† HR 644 EAS 

1 grams of foreign governments, and prin2 cipal factors affecting future competitive3 ness. 

4 (2) SELECTION OF KEY UNITED STATES INDUS5 TRIES.— 

6 (A) IN GENERAL.—In conducting assess7 ments required under paragraph (1)(B), the 

8 Commission shall, to the extent practicable, select 

9 a different key United States industry or dif10 ferent key United States industries for purposes 

11 of each report required by subsection (a). 

12 (B) CONSULTATIONS WITH CONGRESS.—The 

13 Commission shall consult with the Committee on 

14 Finance of the Senate and the Committee on 

15 Ways and Means of the House of Representatives 

16 before selecting the key United States industry or 

17 key United States industries for purposes of each 

18 report required by subsection (a). 

19 (c) SUBMISSION OF REPORTS.— 

20 (1) IN GENERAL.—Not later than May 15, 2017, 

21 and every 2 years thereafter through 2025, the Com22 mission shall submit to the Committee on Finance of 

23 the Senate and the Committee on Ways and Means of 

24 the House of Representatives a report on the most re25 cent investigation conducted under subsection (a). 
217 

† HR 644 EAS 

1 (2) EXTENSION OF DEADLINE.—The Commission 

2 may, after consultation with the Committee on Fi3 nance of the Senate and the Committee on Ways and 

4 Means of the House of Representatives, submit a re5 port under paragraph (1) later than the date required 

6 by that paragraph. 

7 (3) CONFIDENTIAL BUSINESS INFORMATION.—A 

8 report submitted under paragraph (1) shall not in9 clude any confidential business information unless— 

10 (A) the party that submitted the confiden11 tial business information to the Commission had 

12 notice, at the time of submission, that the infor13 mation would be released by the Commission; or 

14 (B) that party consents to the release of the 

15 information. 

16 (d) KEY UNITED STATES INDUSTRY DEFINED.—In 

17 this section, the term ‘‘key United States industry’’ means 

18 a goods or services industry that— 

19 (1) contributes significantly to United States 

20 economic activity and trade; or 

21 (2) is a potential growth area for the United 

22 States and global markets. 
218 

† HR 644 EAS 

1 SEC. 909. REPORT ON CERTAIN U.S. CUSTOMS AND BORDER 

2 PROTECTION AGREEMENTS. 

3 (a) IN GENERAL.—Not later than one year after enter4 ing into an agreement under a program specified in sub5 section (b), and annually thereafter until the termination 

6 of the program, the Commissioner shall submit to the Com7 mittee on Finance of the Senate and the Committee on 

8 Ways and Means of the House of Representatives a report 

9 that includes the following: 

10 (1) A description of the development of the pro11 gram. 

12 (2) A description of the type of entity with which 

13 U.S. Customs and Border Protection entered into the 

14 agreement and the amount that entity reimbursed 

15 U.S. Customs and Border Protection under the agree16 ment. 

17 (3) An identification of the type of port of entry 

18 to which the agreement relates and an assessment of 

19 how the agreement provides economic benefits at the 

20 port of entry. 

21 (4) A description of the services provided by U.S. 

22 Customs and Border Protection under the agreement 

23 during the year preceding the submission of the re24 port. 

25 (5) The amount of fees collected under the agree26 ment during that year. 
219 

† HR 644 EAS 

1 (6) A detailed accounting of how the fees col2 lected under the agreement have been spent during 

3 that year. 

4 (7) A summary of any complaints or criticism 

5 received by U.S. Customs and Border Protection dur6 ing that year regarding the agreement. 

7 (8) An assessment of the compliance of the entity 

8 described in paragraph (2) with the terms of the 

9 agreement. 

10 (9) Recommendations with respect to how activi11 ties conducted pursuant to the agreement could func12 tion more effectively or better produce economic bene13 fits. 

14 (10) A summary of the benefits to and challenges 

15 faced by U.S. Customs and Border Protection and the 

16 entity described in paragraph (2) under the agree17 ment. 

18 (b) PROGRAM SPECIFIED.—A program specified in 

19 this subsection is— 

20 (1) the program for entering into reimbursable 

21 fee agreements for the provision of U.S. Customs and 

22 Border Protection services established by section 560 

23 of the Department of Homeland Security Appropria24 tions Act, 2013 (division D of Public Law 113–6; 127 

25 Stat. 378); or 
220 

† HR 644 EAS 

1 (2) the pilot program authorizing U.S. Customs 

2 and Border Protection to enter into partnerships with 

3 private sector and government entities at ports of 

4 entry established by section 559 of the Department of 

5 Homeland Security Appropriations Act, 2014 (divi6 sion F of Public Law 113–76; 6 U.S.C. 211 note). 

7 SEC. 910. CHARTER FLIGHTS. 

8 Section 13031(e)(1) of the Consolidated Omnibus 

9 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) is 

10 amended— 

11 (1) by striking ‘‘(1) Notwithstanding section 451 

12 of the Tariff Act of 1930 (19 U.S.C. 1451) or any 

13 other provision of law (other than paragraph (2))’’ 

14 and inserting the following: 

15 ‘‘(1)(A) Notwithstanding section 451 of the Tariff Act 

16 of 1930 (19 U.S.C. 1451) or any other provision of law 

17 (other than subparagraph (B) and paragraph (2))’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(B)(i) An appropriate officer of U.S. Customs and 

20 Border Protection may assign a sufficient number of em21 ployees of U.S. Customs and Border Protection (if avail22 able) to perform services described in clause (ii) for a char23 ter air carrier (as defined in section 40102 of title 49, 

24 United States Code) for a charter flight arriving after nor25 mal operating hours at an airport that is an established 
221 

† HR 644 EAS 

1 port of entry serviced by U.S. Customs and Border Protec2 tion, notwithstanding that overtime funds for those services 

3 are not available, if the charter air carrier— 

4 ‘‘(I) not later than 4 hours before the flight ar5 rives, specifically requests that such services be pro6 vided; and 

7 ‘‘(II) pays any overtime fees incurred in connec8 tion with such services. 

9 ‘‘(ii) Services described in this clause are customs serv10 ices for passengers and their baggage or any other such serv11 ice that could lawfully be performed during regular hours 

12 of operation.’’. 

13 SEC. 911. AMENDMENT TO TARIFF ACT OF 1930 TO REQUIRE 

14 COUNTRY OF ORIGIN MARKING OF CERTAIN 

15 CASTINGS. 

16 (a) IN GENERAL.—Section 304(e) of the Tariff Act of 

17 1930 (19 U.S.C. 1304(e)) is amended— 

18 (1) in the subsection heading, by striking ‘‘MAN19 HOLE RINGS OR FRAMES, COVERS, AND ASSEMBLIES

20 THEREOF’’ and inserting ‘‘CASTINGS’’; 

21 (2) by inserting ‘‘inlet frames, tree and trench 

22 grates, lampposts, lamppost bases, cast utility poles, 

23 bollards, hydrants, utility boxes,’’ before ‘‘manhole 

24 rings,’’; and 
222 

† HR 644 EAS 

1 (3) by adding at the end before the period the fol2 lowing: ‘‘in a location such that it will remain visible 

3 after installation’’. 

4 (b) EFFECTIVE DATE.—The amendments made by sub5 section (a) take effect on the date of the enactment of this 

6 Act and apply with respect to the importation of castings 

7 described in such amendments on or after the date that is 

8 180 days after such date of enactment. 

9 SEC. 912. ELIMINATION OF CONSUMPTIVE DEMAND EXCEP10 TION TO PROHIBITION ON IMPORTATION OF 

11 GOODS MADE WITH CONVICT LABOR, FORCED 

12 LABOR, OR INDENTURED LABOR; REPORT. 

13 (a) ELIMINATION OF CONSUMPTIVE DEMAND EXCEP14 TION.— 

15 (1) IN GENERAL.—Section 307 of the Tariff Act 

16 of 1930 (19 U.S.C. 1307) is amended by striking 

17 ‘‘The provisions of this section’’ and all that follows 

18 through ‘‘of the United States.’’. 

19 (2) EFFECTIVE DATE.—The amendment made by 

20 paragraph (1) shall take effect on the date that is 15 

21 days after the date of the enactment of this Act. 

22 (b) REPORT REQUIRED.—Not later than 180 days 

23 after the date of the enactment of this Act, and annually 

24 thereafter, the Commissioner shall submit to the Committee 

25 on Finance of the Senate and the Committee on Ways and 
223 

† HR 644 EAS 

1 Means of the House of Representatives a report on compli2 ance with section 307 of the Tariff Act of 1930 (19 U.S.C. 

3 1307) that includes the following: 

4 (1) The number of instances in which merchan5 dise was denied entry pursuant to that section during 

6 the 1-year period preceding the submission of the re7 port. 

8 (2) A description of the merchandise denied 

9 entry pursuant to that section. 

10 (3) Such other information as the Commissioner 

11 considers appropriate with respect to monitoring and 

12 enforcing compliance with that section. 

13 SEC. 913. IMPROVED COLLECTION AND USE OF LABOR MAR14 KET INFORMATION. 

15 Section 1137 of the Social Security Act (42 U.S.C. 

16 1320b–7) is amended— 

17 (1) in subsection (a)— 

18 (A) in paragraph (2), by inserting ‘‘(in19 cluding the occupational information under sub20 section (g))’’ after ‘‘paragraph (3) of this sub21 section’’; and 

22 (B) in paragraph (3), by striking ‘‘employ23 ers (as defined’’ and inserting ‘‘subject to sub24 section (g), employers (as defined’’; and 
224 

† HR 644 EAS 

1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(g)(1) Beginning January 1, 2017, each quarterly 

4 wage report required to be submitted by an employer under 

5 subsection (a)(3) shall include such occupational informa6 tion with respect to each employee of the employer that per7 mits the classification of such employees into occupational 

8 categories as found in the Standard Occupational Classi9 fication (SOC) system. 

10 ‘‘(2) The State agency receiving the occupational infor11 mation described in paragraph (1) shall make such infor12 mation available to the Secretary of Labor pursuant to pro13 cedures established by the Secretary of Labor. 

14 ‘‘(3)(A) The Secretary of Labor shall make occupa15 tional information submitted under paragraph (2) avail16 able to other State and Federal agencies, including the 

17 United States Census Bureau, the Bureau of Labor Statis18 tics, and other State and Federal research agencies. 

19 ‘‘(B) Disclosure of occupational information under 

20 subparagraph (A) shall be subject to the agency having safe21 guards in place that meet the requirements under para22 graph (4). 

23 ‘‘(4) The Secretary of Labor shall establish and imple24 ment safeguards for the dissemination and, subject to para-
225 

† HR 644 EAS 

1 graph (5), the use of occupational information received 

2 under this subsection. 

3 ‘‘(5) Occupational information received under this 

4 subsection shall only be used to classify employees into occu5 pational categories as found in the Standard Occupational 

6 Classification (SOC) system and to analyze and evaluate 

7 occupations in order to improve the labor market for work8 ers and industries. 

9 ‘‘(6) The Secretary of Labor shall establish procedures 

10 to verify the accuracy of information received under para11 graph (2).’’. 

12 SEC. 914. STATEMENTS OF POLICY WITH RESPECT TO 

13 ISRAEL. 

14 Congress— 

15 (1) supports the strengthening of United States16 Israel economic cooperation and recognizes the tre17 mendous strategic, economic, and technological value 

18 of cooperation with Israel; 

19 (2) recognizes the benefit of cooperation with 

20 Israel to United States companies, including by im21 proving United States competitiveness in global mar22 kets; 

23 (3) recognizes the importance of trade and com24 mercial relations to the pursuit and sustainability of 

25 peace, and supports efforts to bring together the 
226 

† HR 644 EAS 

1 United States, Israel, the Palestinian territories, and 

2 others in enhanced commerce; 

3 (4) opposes politically motivated actions that pe4 nalize or otherwise limit commercial relations specifi5 cally with Israel such as boycotts, divestment or sanc6 tions; 

7 (5) notes that the boycott, divestment, and sanc8 tioning of Israel by governments, governmental bodies, 

9 quasi-governmental bodies, international organiza10 tions, and other such entities is contrary to the Gen11 eral Agreement on Tariffs and Trade (GATT) prin12 ciple of nondiscrimination; 

13 (6) encourages the inclusion of politically moti14 vated actions that penalize or otherwise limit com15 mercial relations specifically with Israel such as boy16 cotts, divestment from, or sanctions against Israel as 

17 a topic of discussion at the U.S.-Israel Joint Eco18 nomic Development Group (JEDG) and other areas 

19 to support the strengthening of the United States– 

20 Israel commercial relationship and combat any com21 mercial discrimination against Israel; 

22 (7) supports efforts to prevent investigations or 

23 prosecutions by governments or international organi24 zations of United States persons on the sole basis of 
227 

† HR 644 EAS 

1 such persons doing business with Israel, with Israeli 

2 entities, or in territories controlled by Israel; and 

3 (8) supports States of the United States exam4 ining a company’s promotion or compliance with 

5 unsanctioned boycotts, divestment from, or sanctions 

6 against Israel as part of its consideration in award7 ing grants and contracts and supports the divestment 

8 of State assets from companies that support or pro9 mote actions to boycott, divest from, or sanction 

10 Israel. 

11 TITLE X—OFFSETS 

12 SEC. 1001. REVOCATION OR DENIAL OF PASSPORT IN CASE 

13 OF CERTAIN UNPAID TAXES. 

14 (a) IN GENERAL.—Subchapter D of chapter 75 of the 

15 Internal Revenue Code of 1986 is amended by adding at 

16 the end the following new section: 

17 ‘‘SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE 

18 OF CERTAIN TAX DELINQUENCIES. 

19 ‘‘(a) IN GENERAL.—If the Secretary receives certifi20 cation by the Commissioner of Internal Revenue that any 

21 individual has a seriously delinquent tax debt in an 

22 amount in excess of $50,000, the Secretary shall transmit 

23 such certification to the Secretary of State for action with 

24 respect to denial, revocation, or limitation of a passport 
228 

† HR 644 EAS 

1 pursuant to section 1001(d) of the Trade Facilitation and 

2 Trade Enforcement Act of 2015. 

3 ‘‘(b) SERIOUSLY DELINQUENT TAX DEBT.—For pur4 poses of this section, the term ‘seriously delinquent tax debt’ 

5 means an outstanding debt under this title for which a no6 tice of lien has been filed in public records pursuant to sec7 tion 6323 or a notice of levy has been filed pursuant to 

8 section 6331, except that such term does not include— 

9 ‘‘(1) a debt that is being paid in a timely man10 ner pursuant to an agreement under section 6159 or 

11 7122, and 

12 ‘‘(2) a debt with respect to which collection is 

13 suspended because a collection due process hearing 

14 under section 6330, or relief under subsection (b), (c), 

15 or (f) of section 6015, is requested or pending. 

16 ‘‘(c) ADJUSTMENT FOR INFLATION.—In the case of a 

17 calendar year beginning after 2016, the dollar amount in 

18 subsection (a) shall be increased by an amount equal to— 

19 ‘‘(1) such dollar amount, multiplied by 

20 ‘‘(2) the cost-of-living adjustment determined 

21 under section 1(f)(3) for the calendar year, deter22 mined by substituting ‘calendar year 2015’ for ‘cal23 endar year 1992’ in subparagraph (B) thereof. 
229 

† HR 644 EAS 

1 If any amount as adjusted under the preceding sentence is 

2 not a multiple of $1,000, such amount shall be rounded to 

3 the next highest multiple of $1,000.’’. 

4 (b) CLERICAL AMENDMENT.—The table of sections for 

5 subchapter D of chapter 75 of the Internal Revenue Code 

6 of 1986 is amended by adding at the end the following new 

7 item: 

‘‘Sec. 7345. Revocation or denial of passport in case of certain tax delinquencies.’’. 

8 (c) AUTHORITY FOR INFORMATION SHARING.— 

9 (1) IN GENERAL.—Subsection (l) of section 6103 

10 of the Internal Revenue Code of 1986 is amended by 

11 adding at the end the following new paragraph: 

12 ‘‘(23) DISCLOSURE OF RETURN INFORMATION TO

13 DEPARTMENT OF STATE FOR PURPOSES OF PASSPORT

14 REVOCATION UNDER SECTION 7345.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall, 

16 upon receiving a certification described in sec17 tion 7345, disclose to the Secretary of State re18 turn information with respect to a taxpayer who 

19 has a seriously delinquent tax debt described in 

20 such section. Such return information shall be 

21 limited to— 

22 ‘‘(i) the taxpayer identity information 

23 with respect to such taxpayer, and 
230 

† HR 644 EAS 

1 ‘‘(ii) the amount of such seriously de2 linquent tax debt. 

3 ‘‘(B) RESTRICTION ON DISCLOSURE.—Re4 turn information disclosed under subparagraph 

5 (A) may be used by officers and employees of the 

6 Department of State for the purposes of, and to 

7 the extent necessary in, carrying out the require8 ments of section 1001(d) of the Trade Facilita9 tion and Trade Enforcement Act of 2015.’’. 

10 (2) CONFORMING AMENDMENT.—Paragraph (4) 

11 of section 6103(p) of such Code is amended by strik12 ing ‘‘or (22)’’ each place it appears in subparagraph 

13 (F)(ii) and in the matter preceding subparagraph (A) 

14 and inserting ‘‘(22), or (23)’’. 

15 (d) AUTHORITY TO DENY OR REVOKE PASSPORT.— 

16 (1) DENIAL.— 

17 (A) IN GENERAL.—Except as provided 

18 under subparagraph (B), upon receiving a cer19 tification described in section 7345 of the Inter20 nal Revenue Code of 1986 from the Secretary of 

21 the Treasury, the Secretary of State shall not 

22 issue a passport to any individual who has a se23 riously delinquent tax debt described in such sec24 tion. 
231 

† HR 644 EAS 

1 (B) EMERGENCY AND HUMANITARIAN SITU2 ATIONS.—Notwithstanding subparagraph (A), 

3 the Secretary of State may issue a passport, in 

4 emergency circumstances or for humanitarian 

5 reasons, to an individual described in such sub6 paragraph. 

7 (2) REVOCATION.— 

8 (A) IN GENERAL.—The Secretary of State 

9 may revoke a passport previously issued to any 

10 individual described in paragraph (1)(A). 

11 (B) LIMITATION FOR RETURN TO UNITED

12 STATES.—If the Secretary of State decides to re13 voke a passport under subparagraph (A), the 

14 Secretary of State, before revocation, may— 

15 (i) limit a previously issued passport 

16 only for return travel to the United States; 

17 or 

18 (ii) issue a limited passport that only 

19 permits return travel to the United States. 

20 (3) HOLD HARMLESS.—The Secretary of the 

21 Treasury and the Secretary of State shall not be lia22 ble to an individual for any action with respect to a 

23 certification by the Commissioner of Internal Revenue 

24 under section 7345 of the Internal Revenue Code of 

25 1986. 
232 

† HR 644 EAS 

1 (e) REVOCATION OR DENIAL OF PASSPORT IN CASE OF

2 INDIVIDUAL WITHOUT SOCIAL SECURITY ACCOUNT NUM3 BER.— 

4 (1) DENIAL.— 

5 (A) IN GENERAL.—Except as provided 

6 under subparagraph (B), upon receiving an ap7 plication for a passport from an individual that 

8 either— 

9 (i) does not include the social security 

10 account number issued to that individual, 

11 or 

12 (ii) includes an incorrect or invalid so13 cial security number willfully, inten14 tionally, negligently, or recklessly provided 

15 by such individual, 

16 the Secretary of State is authorized to deny such 

17 application and is authorized to not issue a 

18 passport to the individual. 

19 (B) EMERGENCY AND HUMANITARIAN SITU20 ATIONS.—Notwithstanding subparagraph (A), 

21 the Secretary of State may issue a passport, in 

22 emergency circumstances or for humanitarian 

23 reasons, to an individual described in subpara24 graph (A). 

25 (2) REVOCATION.— 
233 

† HR 644 EAS 

1 (A) IN GENERAL.—The Secretary of State 

2 may revoke a passport previously issued to any 

3 individual described in paragraph (1)(A). 

4 (B) LIMITATION FOR RETURN TO UNITED

5 STATES.—If the Secretary of State decides to re6 voke a passport under subparagraph (A), the 

7 Secretary of State, before revocation, may— 

8 (i) limit a previously issued passport 

9 only for return travel to the United States; 

10 or 

11 (ii) issue a limited passport that only 

12 permits return travel to the United States. 

13 (f) EFFECTIVE DATE.—The provisions of, and amend14 ments made by, this section shall take effect on January 

15 1, 2016. 

16 SEC. 1002. CUSTOMS USER FEES. 

17 (a) IN GENERAL.—Section 13031(j)(3) of the Consoli18 dated Omnibus Budget Reconciliation Act of 1985 (19 

19 U.S.C. 58c(j)(3)) is amended by adding at the end the fol20 lowing: 

21 ‘‘(C) Fees may be charged under paragraphs (9) and 

22 (10) of subsection (a) during the period beginning on July 

23 8, 2025, and ending on July 28, 2025.’’. 

24 (b) RATE FOR MERCHANDISE PROCESSING FEES.— 

25 Section 503 of the United States–Korea Free Trade Agree-
234 

† HR 644 EAS 

1 ment Implementation Act (Public Law 112–41; 125 Stat. 

2 460) is amended— 

3 (1) by striking ‘‘For the period’’ and inserting 

4 ‘‘(a) IN GENERAL.—For the period’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(b) ADDITIONAL PERIOD.—For the period beginning 

7 on July 1, 2025, and ending on July 14, 2025, section 

8 13031(a)(9) of the Consolidated Omnibus Budget Reconcili9 ation Act of 1985 (19 U.S.C. 58c(a)(9)) shall be applied 

10 and administered— 

11 ‘‘(1) in subparagraph (A), by substituting 

12 ‘0.3464’ for ‘0.21’; and 

13 ‘‘(2) in subparagraph (B)(i), by substituting 

14 ‘0.3464’ for ‘0.21’.’’. 

Amend the title so as to read: ‘‘An Act to reauthorize trade facilitation and trade enforcement functions and 

activities, and for other purposes.’’. 

Attest: 

Secretary. 

114TH CONGRESS 

1ST SESSION H.R. 644 

AMENDMENTS