H. R. 644 
One Hundred Fourteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Monday, 
the fourth day of January, two thousand and sixteen 
An Act 
To reauthorize trade facilitation and trade enforcement functions and activities, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Trade Facilita-
tion and Trade Enforcement Act of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is 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 fa-
cilitation, and trade enforcement functions and programs. 
Sec. 104. Educational seminars to improve efforts to classify and appraise imported 
articles, to improve trade enforcement efforts, and to otherwise facilitate 
legitimate international trade. 
Sec. 105. Joint strategic plan. 
Sec. 106. Automated Commercial Environment. 
Sec. 107. International Trade Data System. 
Sec. 108. Consultations with respect to mutual recognition arrangements. 
Sec. 109. Commercial Customs Operations Advisory Committee. 
Sec. 110. Centers of Excellence and Expertise. 
Sec. 111. Commercial risk assessment targeting and trade alerts. 
Sec. 112. Report on oversight of revenue protection and enforcement measures. 
Sec. 113. Report on security and revenue measures with respect to merchandise 
transported in bond. 
Sec. 114. Importer of record program. 
Sec. 115. Establishment of importer risk assessment program. 
Sec. 116. Customs broker identification of importers. 
Sec. 117. Priority trade issues. 
Sec. 118. Appropriate congressional committees defined. 
TITLE II—IMPORT HEALTH AND SAFETY 
Sec. 201. Interagency import safety working group. 
Sec. 202. Joint import safety rapid response plan. 
Sec. 203. Training. 
TITLE III—IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY 
RIGHTS 
Sec. 301. Definition of intellectual property rights. 
Sec. 302. Exchange of information related to trade enforcement. 
Sec. 303. Seizure of circumvention devices. 
Sec. 304. Enforcement by U.S. Customs and Border Protection of works for which 
copyright registration is pending. 
Sec. 305. National Intellectual Property Rights Coordination Center. 
Sec. 306. Joint strategic plan for the enforcement of intellectual property rights.
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Sec. 307. Personnel dedicated to the enforcement of intellectual property rights. 
Sec. 308. Training with respect to the enforcement of intellectual property rights. 
Sec. 309. International cooperation and information sharing. 
Sec. 310. Report on intellectual property rights enforcement. 
Sec. 311. Information for travelers regarding violations of intellectual property 
rights. 
TITLE IV—PREVENTION OF EVASION OF ANTIDUMPING AND 
COUNTERVAILING DUTY ORDERS 
Sec. 401. Short title. 
Sec. 402. Definitions. 
Sec. 403. Application to Canada and Mexico. 
Subtitle A—Actions Relating to Enforcement of Trade Remedy Laws 
Sec. 411. Trade remedy law enforcement division. 
Sec. 412. Collection of information on evasion of trade remedy laws. 
Sec. 413. Access to information. 
Sec. 414. Cooperation with foreign countries on preventing evasion of trade remedy 
laws. 
Sec. 415. Trade negotiating objectives. 
Subtitle B—Investigation of Evasion of Trade Remedy Laws 
Sec. 421. Procedures for investigating claims of evasion of antidumping and coun-
tervailing duty orders. 
Subtitle C—Other Matters 
Sec. 431. Allocation and training of personnel. 
Sec. 432. Annual report on prevention and investigation of evasion of antidumping 
and countervailing duty orders. 
Sec. 433. Addressing circumvention by new shippers. 
TITLE V—SMALL BUSINESS TRADE ISSUES AND STATE TRADE 
COORDINATION 
Sec. 501. Short title. 
Sec. 502. Outreach and input from small businesses to trade promotion authority. 
Sec. 503. State Trade Expansion Program. 
Sec. 504. State and Federal Export Promotion Coordination. 
Sec. 505. State trade coordination. 
TITLE VI—ADDITIONAL ENFORCEMENT PROVISIONS 
Sec. 601. Trade enforcement priorities. 
Sec. 602. Exercise of WTO authorization to suspend concessions or other obliga-
tions under trade agreements. 
Sec. 603. Trade monitoring. 
Sec. 604. Establishment of Interagency Center on Trade Implementation, Moni-
toring, and Enforcement. 
Sec. 605. Inclusion of interest in certain distributions of antidumping duties and 
countervailing duties. 
Sec. 606. Illicitly imported, exported, or trafficked cultural property, archaeological 
or ethnological materials, and fish, wildlife, and plants. 
Sec. 607. Enforcement under title III of the Trade Act of 1974 with respect to cer-
tain acts, policies, and practices. 
Sec. 608. Honey transshipment. 
Sec. 609. Establishment of Chief Innovation and Intellectual Property Negotiator. 
Sec. 610. Measures relating to countries that deny adequate protection for intellec-
tual property rights. 
Sec. 611. Trade Enforcement Trust Fund. 
TITLE VII—ENGAGEMENT ON CURRENCY EXCHANGE RATE AND 
ECONOMIC POLICIES 
Sec. 701. Enhancement of engagement on currency exchange rate and economic 
policies with certain major trading partners of the United States. 
Sec. 702. Advisory Committee on International Exchange Rate Policy. 
TITLE VIII—MATTERS RELATING TO U.S. CUSTOMS AND BORDER 
PROTECTION 
Subtitle A—Establishment of U.S. Customs and Border Protection 
Sec. 801. Short title.
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Sec. 802. Establishment of U.S. Customs and Border Protection. 
Subtitle B—Preclearance Operations 
Sec. 811. Short title. 
Sec. 812. Definitions. 
Sec. 813. Establishment of preclearance operations. 
Sec. 814. Notification and certification to Congress. 
Sec. 815. Protocols. 
Sec. 816. Lost and stolen passports. 
Sec. 817. Recovery of initial U.S. Customs and Border Protection preclearance oper-
ations costs. 
Sec. 818. Collection and disposition of funds collected for immigration inspection 
services and preclearance activities. 
Sec. 819. Application to new and existing preclearance operations. 
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. Report on certain U.S. Customs and Border Protection agreements. 
Sec. 908. Charter flights. 
Sec. 909. United States-Israel trade and commercial enhancement. 
Sec. 910. Elimination of consumptive demand exception to prohibition on importa-
tion of goods made with convict labor, forced labor, or indentured labor; 
report. 
Sec. 911. Voluntary reliquidations by U.S. Customs and Border Protection. 
Sec. 912. Tariff classification of recreational performance outerwear. 
Sec. 913. Modifications to duty treatment of protective active footwear. 
Sec. 914. Amendments to Bipartisan Congressional Trade Priorities and Account-
ability Act of 2015. 
Sec. 915. Trade preferences for Nepal. 
Sec. 916. Agreement by Asia-Pacific Economic Cooperation members to reduce 
rates of duty on certain environmental goods. 
Sec. 917. Amendment to Tariff Act of 1930 to require country of origin marking of 
certain castings. 
Sec. 918. Inclusion of certain information in submission of nomination for appoint-
ment as Deputy United States Trade Representative. 
Sec. 919. Sense of Congress on the need for a miscellaneous tariff bill process. 
Sec. 920. Customs user fees. 
Sec. 921. Increase in penalty for failure to file return of tax. 
Sec. 922. Permanent moratorium on Internet access taxes and on multiple and dis-
criminatory taxes on electronic commerce. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) AUTOMATED
COMMERCIAL
ENVIRONMENT.—The term 
‘‘Automated Commercial Environment’’ means the Automated 
Commercial Environment computer system authorized under 
section 13031(f)(4) of the Consolidated Omnibus Budget Rec-
onciliation Act of 1985 (19 U.S.C. 58c(f)(4)). 
(2) COMMERCIAL OPERATIONS OF U.S. CUSTOMS AND BORDER 
PROTECTION.—The term ‘‘commercial operations of U.S. Cus-
toms and Border Protection’’ includes— 
(A) administering any customs revenue function (as 
defined in section 415 of the Homeland Security Act of 
2002 (6 U.S.C. 215)); 
(B) coordinating efforts of the Department of Homeland 
Security with respect to trade facilitation and trade enforce-
ment; 
(C) coordinating with the Director of U.S. Immigration 
and Customs Enforcement with respect to— 
(i) investigations relating to trade enforcement; 
and
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(ii) the development and implementation of the 
joint strategic plan required by section 105; 
(D) coordinating, on behalf of the Department of Home-
land Security, efforts among Federal agencies to facilitate 
legitimate trade and to enforce the customs and trade 
laws of the United States, including representing the 
Department of Homeland Security in interagency fora 
addressing such efforts; 
(E) coordinating with customs authorities of foreign 
countries to facilitate legitimate international trade and 
enforce the customs and trade laws of the United States 
and the customs and trade laws of foreign countries; 
(F) collecting, assessing, and disseminating information 
as appropriate and in accordance with any law regarding 
cargo destined for the United States— 
(i) to ensure that such cargo complies with the 
customs and trade laws of the United States; and 
(ii) to facilitate the legitimate international trade 
of such cargo; 
(G) soliciting and considering on a regular basis input 
from private sector entities, including the Commercial Cus-
toms Operations Advisory Committee established by section 
109 and the Trade Support Network, with respect to, as 
appropriate— 
(i) the implementation of changes to the customs 
and trade laws of the United States; and 
(ii) the development, implementation, or revision 
of policies or regulations administered by U.S. Customs 
and Border Protection; and 
(H) otherwise advising the Secretary of Homeland 
Security with respect to the development of policies associ-
ated with facilitating legitimate trade and enforcing the 
customs and trade laws of the United States. 
(3) COMMISSIONER.—The term ‘‘Commissioner’’ means the 
Commissioner of U.S. Customs and Border Protection, as 
described in section 411(b) of the Homeland Security Act of 
2002, as amended by section 802(a) of this Act. 
(4) CUSTOMS AND TRADE LAWS OF THE UNITED STATES.— 
The term ‘‘customs and trade laws of the United States’’ 
includes the following: 
(A) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.). 
(B) Section 249 of the Revised Statutes (19 U.S.C. 
3). 
(C) Section 2 of the Act of March 4, 1923 (42 Stat. 
1453, chapter 251; 19 U.S.C. 6). 
(D) The Act of March 3, 1927 (44 Stat. 1381, chapter 
348; 19 U.S.C. 2071 et seq.). 
(E) Section 13031 of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c). 
(F) Section 251 of the Revised Statutes (19 U.S.C. 
66). 
(G) Section 1 of the Act of June 26, 1930 (46 Stat. 
817, chapter 617; 19 U.S.C. 68). 
(H) The Act of June 18, 1934 (48 Stat. 998, chapter 
590; 19 U.S.C. 81a et seq.; commonly known as the ‘‘Foreign 
Trade Zones Act’’).
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(I) Section 1 of the Act of March 2, 1911 (36 Stat. 
965, chapter 191; 19 U.S.C. 198). 
(J) The Trade Act of 1974 (19 U.S.C. 2101 et seq.). 
(K) The Trade Agreements Act of 1979 (19 U.S.C. 
2501 et seq.). 
(L) The North American Free Trade Agreement 
Implementation Act (19 U.S.C. 3301 et seq.). 
(M) The Uruguay Round Agreements Act (19 U.S.C. 
3501 et seq.). 
(N) The Caribbean Basin Economic Recovery Act (19 
U.S.C. 2701 et seq.). 
(O) The Andean Trade Preference Act (19 U.S.C. 3201 
et seq.). 
(P) The African Growth and Opportunity Act (19 U.S.C. 
3701 et seq.). 
(Q) The Customs Enforcement Act of 1986 (Public Law 
99–570; 100 Stat. 3207–79). 
(R) The Customs and Trade Act of 1990 (Public Law 
101–382; 104 Stat. 629). 
(S) The Customs Procedural Reform and Simplification 
Act of 1978 (Public Law 95–410; 92 Stat. 888). 
(T) The Trade Act of 2002 (Public Law 107–210; 116 
Stat. 933). 
(U) The Convention on Cultural Property Implementa-
tion Act (19 U.S.C. 2601 et seq.). 
(V) The Act of March 28, 1928 (45 Stat. 374, chapter 
266; 19 U.S.C. 2077 et seq.). 
(W) The Act of August 7, 1939 (53 Stat. 1262, chapter 
566). 
(X) The Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 
4201 et seq.). 
(Y) The Trade Preferences Extension Act of 2015 
(Public Law 114–27; 129 Stat. 362). 
(Z) Any other provision of law implementing a trade 
agreement. 
(AA) Any other provision of law vesting customs rev-
enue functions in the Secretary of the Treasury. 
(BB) Any other provision of law relating to trade facili-
tation or trade enforcement that is administered by U.S. 
Customs and Border Protection on behalf of any Federal 
agency that is required to participate in the International 
Trade Data System established under section 411(d) of 
the Tariff Act of 1930 (19 U.S.C. 1411(d)). 
(CC) Any other provision of customs or trade law 
administered by U.S. Customs and Border Protection or 
U.S. Immigration and Customs Enforcement. 
(5) PRIVATE
SECTOR
ENTITY.—The term ‘‘private sector 
entity’’ means— 
(A) an importer; 
(B) an exporter; 
(C) a forwarder; 
(D) an air, sea, or land carrier or shipper; 
(E) a contract logistics provider; 
(F) a customs broker; or
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(G) any other person (other than an employee of a 
government) affected by the implementation of the customs 
and trade laws of the United States. 
(6) TRADE ENFORCEMENT.—The term ‘‘trade enforcement’’ 
means the enforcement of the customs and trade laws of the 
United States. 
(7) TRADE
FACILITATION.—The term ‘‘trade facilitation’’ 
refers to policies and activities of U.S. Customs and Border 
Protection with respect to facilitating the movement of mer-
chandise into and out of the United States in a manner that 
complies with the customs and trade laws of the United States. 
TITLE I—TRADE FACILITATION AND 
TRADE ENFORCEMENT 
SEC. 101. IMPROVING PARTNERSHIP PROGRAMS. 
(a) IN GENERAL.—In order to advance the security, trade 
enforcement, and trade facilitation missions of U.S. Customs and 
Border Protection, the Commissioner shall ensure that partnership 
programs of U.S. Customs and Border Protection established before 
the date of the enactment of this Act, such as the Customs–Trade 
Partnership Against Terrorism established under subtitle B of title 
II of the Security and Accountability for Every Port Act of 2006 
(6 U.S.C. 961 et seq.), and partnership programs of U.S. Customs 
and Border Protection established on or after such date of enact-
ment, provide trade benefits to private sector entities that meet 
the requirements for participation in those programs established 
by the Commissioner under this section. 
(b) ELEMENTS.—In developing and operating partnership pro-
grams under subsection (a), the Commissioner shall— 
(1) consult with private sector entities, the public, and 
other Federal agencies when appropriate, to ensure that partici-
pants in those programs receive commercially significant and 
measurable trade benefits, including providing preclearance of 
merchandise for qualified persons that demonstrate the highest 
levels of compliance with the customs and trade laws of the 
United States, regulations of U.S. Customs and Border Protec-
tion, and other requirements the Commissioner determines to 
be necessary; 
(2) ensure an integrated and transparent system of trade 
benefits and compliance requirements for all partnership pro-
grams of U.S. Customs and Border Protection; 
(3) consider consolidating partnership programs in situa-
tions in which doing so would support the objectives of such 
programs, increase participation in such programs, enhance 
the trade benefits provided to participants in such programs, 
and enhance the allocation of the resources of U.S. Customs 
and Border Protection; 
(4) coordinate with the Director of U.S. Immigration and 
Customs Enforcement, and other Federal agencies with 
authority to detain and release merchandise entering the 
United States— 
(A) to ensure coordination in the release of such mer-
chandise through the Automated Commercial Environment, 
or its predecessor, and the International Trade Data
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System established under section 411(d) of the Tariff Act 
of 1930 (19 U.S.C. 1411(d)); 
(B) to ensure that the partnership programs of those 
agencies are compatible with the partnership programs 
of U.S. Customs and Border Protection; 
(C) to develop criteria for authorizing the release, on 
an expedited basis, of merchandise for which documenta-
tion is required from one or more of those agencies to 
clear or license the merchandise for entry into the United 
States; and 
(D) to create pathways, within and among the appro-
priate Federal agencies, for qualified persons that dem-
onstrate the highest levels of compliance with the customs 
and trade laws of the United States to receive immediate 
clearance absent information that a transaction may pose 
a national security or compliance threat; and 
(5) ensure that trade benefits are provided to participants 
in partnership programs. 
(c) REPORT REQUIRED.—Not later than the date that is 180 
days after the date of the enactment of this Act, and not later 
than December 31 of each calendar year thereafter, the Commis-
sioner shall submit to the appropriate congressional committees 
a report that— 
(1) identifies each partnership program referred to in sub-
section (a); 
(2) for each such program, identifies— 
(A) the requirements for participants in the program; 
(B) the commercially significant and measurable trade 
benefits provided to participants in the program; 
(C) the number of participants in the program; and 
(D) in the case of a program that provides for participa-
tion at multiple tiers, the number of participants at each 
such tier; 
(3) identifies the number of participants enrolled in more 
than one such partnership program; 
(4) assesses the effectiveness of each such partnership pro-
gram in advancing the security, trade enforcement, and trade 
facilitation missions of U.S. Customs and Border Protection, 
based on historical developments, the level of participation 
in the program, and the evolution of benefits provided to partici-
pants in the program; 
(5) summarizes the efforts of U.S. Customs and Border 
Protection to work with other Federal agencies with authority 
to detain and release merchandise entering the United States 
to ensure that partnership programs of those agencies are 
compatible with partnership programs of U.S. Customs and 
Border Protection; 
(6) summarizes criteria developed with those agencies for 
authorizing the release, on an expedited basis, of merchandise 
for which documentation is required from one or more of those 
agencies to clear or license the merchandise for entry into 
the United States; 
(7) summarizes the efforts of U.S. Customs and Border 
Protection to work with private sector entities and the public 
to develop and improve such partnership programs; 
(8) describes measures taken by U.S. Customs and Border 
Protection to make private sector entities aware of the trade
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benefits available to participants in such partnership programs; 
and 
(9) summarizes the plans, targets, and goals of U.S. Cus-
toms and Border Protection with respect to such partnership 
programs for the 2 years following the submission of the report. 
SEC. 102. REPORT ON EFFECTIVENESS OF TRADE ENFORCEMENT 
ACTIVITIES. 
(a) IN GENERAL.—Not later than one year after the date of 
the enactment of this Act, the Comptroller General of the United 
States shall submit to the appropriate congressional committees 
a report on the effectiveness of trade enforcement activities of 
U.S. Customs and Border Protection. 
(b) CONTENTS.—The report required by subsection (a) shall 
include— 
(1) a description of the use of resources, results of audits 
and verifications, targeting, organization, and training of per-
sonnel of U.S. Customs and Border Protection; 
(2) a description of trade enforcement activities to address 
undervaluation, transshipment, legitimacy of entities making 
entry, protection of revenues, fraud prevention and detection, 
and penalties, including intentional misclassification, inad-
equate bonding, and other misrepresentations; and 
(3) a description of trade enforcement activities with respect 
to the priority trade issues described in section 117, including— 
(A) methodologies used in such enforcement activities, 
such as targeting; 
(B) recommendations for improving such enforcement 
activities; and 
(C) a description of the implementation of previous 
recommendations for improving such enforcement activi-
ties. 
(c) FORM OF REPORT.—The report required by subsection (a) 
shall be submitted in unclassified form, but may include a classified 
annex. 
SEC. 103. PRIORITIES AND PERFORMANCE STANDARDS FOR CUSTOMS 
MODERNIZATION, 
TRADE 
FACILITATION, 
AND 
TRADE 
ENFORCEMENT FUNCTIONS AND PROGRAMS. 
(a) PRIORITIES AND PERFORMANCE STANDARDS.— 
(1) IN GENERAL.—The Commissioner, in consultation with 
the appropriate congressional committees, shall establish prior-
ities and performance standards to measure the development 
and levels of achievement of the customs modernization, trade 
facilitation, and trade enforcement functions and programs 
described in subsection (b). 
(2) MINIMUM PRIORITIES AND STANDARDS.—Such priorities 
and performance standards shall, at a minimum, include prior-
ities and standards relating to efficiency, outcome, output, and 
other types of applicable measures. 
(b) FUNCTIONS AND PROGRAMS DESCRIBED.—The functions and 
programs referred to in subsection (a) are the following: 
(1) The Automated Commercial Environment. 
(2) Each of the priority trade issues described in section 
117. 
(3) The Centers of Excellence and Expertise described in 
section 110.
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(4) Drawback for exported merchandise under section 313 
of the Tariff Act of 1930 (19 U.S.C. 1313), as amended by 
section 906 of this Act. 
(5) Transactions relating to imported merchandise in bond. 
(6) Collection of countervailing duties assessed under sub-
title A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 
et seq.) and antidumping duties assessed under subtitle B 
of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.). 
(7) The expedited clearance of cargo. 
(8) The issuance of regulations and rulings. 
(9) The issuance of Regulatory Audit Reports. 
(c) CONSULTATIONS AND NOTIFICATION.— 
(1) CONSULTATIONS.—The consultations required by sub-
section (a)(1) shall occur, at a minimum, on an annual basis. 
(2) NOTIFICATION.—The Commissioner shall notify the 
appropriate congressional committees of any changes to the 
priorities or performance standards referred to in subsection 
(a) not later than 30 days before such changes are to take 
effect. 
SEC. 104. EDUCATIONAL SEMINARS TO IMPROVE EFFORTS TO CLAS-
SIFY AND APPRAISE IMPORTED ARTICLES, TO IMPROVE 
TRADE ENFORCEMENT EFFORTS, AND TO OTHERWISE 
FACILITATE LEGITIMATE INTERNATIONAL TRADE. 
(a) ESTABLISHMENT.—The Commissioner and the Director shall 
establish and carry out on a fiscal year basis educational seminars 
to— 
(1) improve the ability of personnel of U.S. Customs and 
Border Protection to classify and appraise articles imported 
into the United States in accordance with the customs and 
trade laws of the United States; 
(2) improve the trade enforcement efforts of personnel of 
U.S. Customs and Border Protection and personnel of U.S. 
Immigration and Customs Enforcement; and 
(3) otherwise improve the ability and effectiveness of per-
sonnel of U.S. Customs and Border Protection and personnel 
of U.S. Immigration and Customs Enforcement to facilitate 
legitimate international trade. 
(b) CONTENT.— 
(1) CLASSIFYING AND APPRAISING IMPORTED ARTICLES.—In 
carrying out subsection (a)(1), the Commissioner, the Director, 
and interested parties in the private sector selected under 
subsection (c) shall provide instruction and related instructional 
materials at each educational seminar carried out under this 
section to personnel of U.S. Customs and Border Protection 
and, as appropriate, to personnel of U.S. Immigration and 
Customs Enforcement on the following: 
(A) Conducting a physical inspection of an article 
imported into the United States, including testing of sam-
ples of the article, to determine if the article is mislabeled 
in the manifest or other accompanying documentation. 
(B) Reviewing the manifest and other accompanying 
documentation of an article imported into the United States 
to determine if the country of origin of the article listed 
in the manifest or other accompanying documentation is 
accurate. 
(C) Customs valuation.
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(D) Industry supply chains and other related matters 
as determined to be appropriate by the Commissioner. 
(2) TRADE ENFORCEMENT EFFORTS.—In carrying out sub-
section (a)(2), the Commissioner, the Director, and interested 
parties in the private sector selected under subsection (c) shall 
provide instruction and related instructional materials at each 
educational seminar carried out under this section to personnel 
of U.S. Customs and Border Protection and, as appropriate, 
to personnel of U.S. Immigration and Customs Enforcement 
to identify opportunities to enhance enforcement of the fol-
lowing: 
(A) Collection of countervailing duties assessed under 
subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 
1671 et seq.) and antidumping duties assessed under sub-
title B of title VII of the Tariff Act of 1930 (19 U.S.C. 
1673 et seq.). 
(B) Addressing evasion of duties on imports of textiles. 
(C) Protection of intellectual property rights. 
(D) Enforcement of child labor laws. 
(3) APPROVAL
OF
COMMISSIONER
AND
DIRECTOR.—The 
instruction and related instructional materials at each edu-
cational seminar carried out under this section shall be subject 
to the approval of the Commissioner and the Director. 
(c) SELECTION PROCESS.— 
(1) IN
GENERAL.—The Commissioner shall establish a 
process to solicit, evaluate, and select interested parties in 
the private sector for purposes of assisting in providing instruc-
tion and related instructional materials described in subsection 
(b) at each educational seminar carried out under this section. 
(2) CRITERIA.—The Commissioner shall evaluate and select 
interested parties in the private sector under the process estab-
lished under paragraph (1) based on— 
(A) availability and usefulness; 
(B) the volume, value, and incidence of mislabeling 
or misidentification of origin of imported articles; and 
(C) other appropriate criteria established by the 
Commissioner. 
(3) PUBLIC
AVAILABILITY.—The Commissioner and the 
Director shall publish in the Federal Register a detailed descrip-
tion of the process established under paragraph (1) and the 
criteria established under paragraph (2). 
(d) SPECIAL RULE
FOR ANTIDUMPING
AND COUNTERVAILING 
DUTY ORDERS.— 
(1) IN GENERAL.—The Commissioner shall give due consid-
eration to carrying out an educational seminar under this sec-
tion in whole or in part to improve the ability of personnel 
of U.S. Customs and Border Protection to enforce a counter-
vailing or antidumping duty order issued under section 706 
or 736 of the Tariff Act of 1930 (19 U.S.C. 1671e or 1673e) 
upon the request of a petitioner in an action underlying such 
countervailing or antidumping duty order. 
(2) INTERESTED
PARTY.—A petitioner described in para-
graph (1) shall be treated as an interested party in the private 
sector for purposes of the requirements of this section. 
(e) PERFORMANCE STANDARDS.—The Commissioner and the 
Director shall establish performance standards to measure the
H. R. 644—11 
development and level of achievement of educational seminars car-
ried out under this section. 
(f) REPORTING.—Not later than September 30, 2016, and 
annually thereafter, the Commissioner and the Director shall 
submit to the appropriate congressional committees a report on 
the effectiveness of educational seminars carried out under this 
section. 
(g) DEFINITIONS.—In this section: 
(1) DIRECTOR.—The term ‘‘Director’’ means the Director 
of U.S. Immigration and Customs Enforcement. 
(2) UNITED STATES.—The term ‘‘United States’’ means the 
customs territory of the United States, as defined in General 
Note 2 to the Harmonized Tariff Schedule of the United States. 
(3) U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.— 
The term ‘‘U.S. Customs and Border Protection personnel’’ 
means import specialists, auditors, and other appropriate 
employees of the U.S. Customs and Border Protection. 
(4) U.S. IMMIGRATION
AND
CUSTOMS
ENFORCEMENT
PER-
SONNEL.—The term ‘‘U.S. Immigration and Customs Enforce-
ment personnel’’ means Homeland Security Investigations 
Directorate personnel and other appropriate employees of U.S. 
Immigration and Customs Enforcement. 
SEC. 105. JOINT STRATEGIC PLAN. 
(a) IN GENERAL.—Not later than one year after the date of 
the enactment of this Act, and every 2 years thereafter, the Commis-
sioner and the Director of U.S. Immigration and Customs Enforce-
ment shall jointly develop and submit to the appropriate congres-
sional committees a joint strategic plan. 
(b) CONTENTS.—The joint strategic plan required under this 
section shall be comprised of a comprehensive multiyear plan for 
trade enforcement and trade facilitation, and shall include— 
(1) a summary of actions taken during the 2-year period 
preceding the submission of the plan to improve trade enforce-
ment and trade facilitation, including a description and analysis 
of specific performance measures to evaluate the progress of 
U.S. Customs and Border Protection and U.S. Immigration 
and Customs Enforcement in meeting each such responsibility; 
(2) a statement of objectives and plans for further 
improving trade enforcement and trade facilitation; 
(3) a specific identification of the priority trade issues 
described in section 117 that can be addressed in order to 
enhance trade enforcement and trade facilitation, and a descrip-
tion of strategies and plans for addressing each such issue, 
including— 
(A) a description of the targeting methodologies used 
for enforcement activities with respect to each such issue; 
(B) recommendations for improving such enforcement 
activities; and 
(C) a description of the implementation of previous 
recommendations for improving such enforcement activi-
ties; 
(4) a description of efforts made to improve consultation 
and coordination among and within Federal agencies, and in 
particular between U.S. Customs and Border Protection and 
U.S. Immigration and Customs Enforcement, regarding trade 
enforcement and trade facilitation;
H. R. 644—12 
(5) a description of the training that has occurred to date 
within U.S. Customs and Border Protection and U.S. Immigra-
tion and Customs Enforcement to improve trade enforcement 
and trade facilitation, including training at educational semi-
nars carried out under section 104; 
(6) a description of efforts to work with the World Customs 
Organization and other international organizations, in consulta-
tion with other Federal agencies as appropriate, with respect 
to enhancing trade enforcement and trade facilitation; 
(7) a description of U.S. Custom and Border Protection 
organizational benchmarks for optimizing staffing and wait 
times at ports of entry; 
(8) a specific identification of any domestic or international 
best practices that may further improve trade enforcement 
and trade facilitation; 
(9) any legislative recommendations to further improve 
trade enforcement and trade facilitation; and 
(10) a description of efforts made to improve consultation 
and coordination with the private sector to enhance trade 
enforcement and trade facilitation. 
(c) CONSULTATIONS.— 
(1) IN
GENERAL.—In developing the joint strategic plan 
required under this section, the Commissioner and the Director 
of U.S. Immigration and Customs Enforcement shall consult 
with— 
(A) appropriate officials from relevant Federal agen-
cies, including— 
(i) the Department of the Treasury; 
(ii) the Department of Agriculture; 
(iii) the Department of Commerce; 
(iv) the Department of Justice; 
(v) the Department of the Interior; 
(vi) the Department of Health and Human Serv-
ices; 
(vii) the Food and Drug Administration; 
(viii) the Consumer Product Safety Commission; 
and 
(ix) the Office of the United States Trade Rep-
resentative; and 
(B) the Commercial Customs Operations Advisory 
Committee established by section 109. 
(2) OTHER CONSULTATIONS.—In developing the joint stra-
tegic plan required under this section, the Commissioner and 
the Director shall seek to consult with— 
(A) appropriate officials from relevant foreign law 
enforcement agencies and international organizations, 
including the World Customs Organization; and 
(B) interested parties in the private sector. 
(d) FORM OF PLAN.—The joint strategic plan required under 
this section shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 106. AUTOMATED COMMERCIAL ENVIRONMENT. 
(a) FUNDING.—Section 13031(f)(4)(B) of the Consolidated Omni-
bus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)(B)) is 
amended—
H. R. 644—13 
(1) by striking ‘‘2003 through 2005’’ and inserting ‘‘2016 
through 2018’’; 
(2) by striking ‘‘such amounts as are available in that 
Account’’ and inserting ‘‘not less than $153,736,000’’; and 
(3) by striking ‘‘for the development’’ and inserting ‘‘to 
complete the development and implementation’’. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than December 31, 2016, the 
Commissioner shall submit to the Committee on Appropriations 
and the Committee on Finance of the Senate and the Committee 
on Appropriations and the Committee on Ways and Means 
of the House of Representatives a report detailing— 
(A) U.S. Customs and Border Protection’s incorporation 
of all core trade processing capabilities, including cargo 
release, entry summary, cargo manifest, cargo financial 
data, and export data elements, into the Automated 
Commercial Environment not later than September 30, 
2016, to conform with the admissibility criteria of agencies 
participating in the International Trade Data System 
identified pursuant to paragraph (4)(A)(iii) of section 411(d) 
of the Tariff Act of 1930 (19 U.S.C. 1411(d)), as added 
by section 107 of this Act; 
(B) U.S. Customs and Border Protection’s remaining 
priorities for processing entry summary data elements, 
cargo manifest data elements, cargo financial data ele-
ments, and export elements in the Automated Commercial 
Environment, and the objectives and plans for imple-
menting these remaining priorities; 
(C) the components of the National Customs Automa-
tion Program specified in section 411(a)(2) of the Tariff 
Act of 1930 that have not been implemented; and 
(D) any additional components of the National Customs 
Automation Program initiated by the Commissioner to com-
plete the development, establishment, and implementation 
of the Automated Commercial Environment. 
(2) UPDATE OF REPORTS.—Not later than September 30, 
2017, the Commissioner shall submit to the Committee on 
Appropriations and the Committee on Finance of the Senate 
and the Committee on Appropriations and the Committee on 
Ways and Means of the House of Representatives an updated 
report addressing each of the matters referred to in paragraph 
(1), and— 
(A) evaluating the effectiveness of the implementation 
of the Automated Commercial Environment; and 
(B) detailing the percentage of trade processed in the 
Automated Commercial Environment every month since 
September 30, 2016. 
(3) REPEAL.—Section 311(b) of the Customs Border Security 
Act of 2002 (19 U.S.C. 2075 note) is amended by striking 
paragraph (3). 
(c) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—Not later 
than December 31, 2017, the Comptroller General of the United 
States shall submit to the Committee on Appropriations and the 
Committee on Finance of the Senate and the Committee on Appro-
priations and the Committee on Ways and Means of the House 
of Representatives a report—
H. R. 644—14 
(1) assessing the progress of other Federal agencies in 
accessing and utilizing the Automated Commercial Environ-
ment; and 
(2) assessing the potential cost savings to the United States 
Government and importers and exporters and the potential 
benefits to enforcement of the customs and trade laws of the 
United States if the elements identified in subparagraphs (A) 
through (D) of subsection (b)(1) are implemented. 
SEC. 107. INTERNATIONAL TRADE DATA SYSTEM. 
Section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) 
is amended— 
(1) by redesignating paragraphs (4) through (7) as para-
graphs (5) through (8), respectively; 
(2) by inserting after paragraph (3) the following: 
‘‘(4) INFORMATION TECHNOLOGY INFRASTRUCTURE.— 
‘‘(A) IN GENERAL.—The Secretary shall work with the 
head of each agency participating in the ITDS and the 
Interagency Steering Committee to ensure that each 
agency— 
‘‘(i) develops and maintains the necessary informa-
tion technology infrastructure to support the operation 
of the ITDS and to submit all data to the ITDS elec-
tronically; 
‘‘(ii) enters into a memorandum of understanding, 
or takes such other action as is necessary, to provide 
for the information sharing between the agency and 
U.S. Customs and Border Protection necessary for the 
operation and maintenance of the ITDS; 
‘‘(iii) not later than June 30, 2016, identifies and 
transmits to the Commissioner of U.S. Customs and 
Border Protection the admissibility criteria and data 
elements required by the agency to authorize the 
release of cargo by U.S. Customs and Border Protection 
for incorporation into the operational functionality of 
the Automated Commercial Environment computer 
system authorized under section 13031(f)(4) of the 
Consolidated Omnibus Budget and Reconciliation Act 
of 1985 (19 U.S.C. 58c(f)(4)); and 
‘‘(iv) not later than December 31, 2016, utilizes 
the ITDS as the primary means of receiving from users 
the standard set of data and other relevant documenta-
tion, exclusive of applications for permits, licenses, or 
certifications required for the release of imported cargo 
and clearance of cargo for export. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing in this para-
graph shall be construed to require any action to be taken 
that would compromise an ongoing law enforcement inves-
tigation or would compromise national security.’’; and 
(3) in paragraph (8), as redesignated, by striking ‘‘section 
9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 
U.S.C. 2071 note)’’ and inserting ‘‘section 109 of the Trade 
Facilitation and Trade Enforcement Act of 2015’’. 
SEC. 108. CONSULTATIONS WITH RESPECT TO MUTUAL RECOGNITION 
ARRANGEMENTS. 
(a) CONSULTATIONS.—The Secretary of Homeland Security, with 
respect to any proposed mutual recognition arrangement or similar
H. R. 644—15 
agreement between the United States and a foreign government 
providing for mutual recognition of supply chain security programs 
and customs revenue functions, shall consult with the appropriate 
congressional committees— 
(1) not later than 30 days before initiating negotiations 
to enter into any such arrangement or similar agreement; and 
(2) not later than 30 days before entering into any such 
arrangement or similar agreement. 
(b) NEGOTIATING OBJECTIVE.—It shall be a negotiating objective 
of the United States in any negotiation for a mutual recognition 
arrangement or similar agreement with a foreign country on part-
nership programs, such as the Customs–Trade Partnership Against 
Terrorism established under subtitle B of title II of the Security 
and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et 
seq.), to seek to ensure the compatibility of the partnership pro-
grams of that country with the partnership programs of U.S. Cus-
toms and Border Protection to enhance security, trade facilitation, 
and trade enforcement. 
SEC. 109. COMMERCIAL CUSTOMS OPERATIONS ADVISORY COM-
MITTEE. 
(a) ESTABLISHMENT.—Not later than the date that is 60 days 
after the date of the enactment of this Act, the Secretary of the 
Treasury and the Secretary of Homeland Security shall jointly 
establish a Commercial Customs Operations Advisory Committee 
(in this section referred to as the ‘‘Advisory Committee’’). 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—The Advisory Committee shall be com-
prised of— 
(A) 20 individuals appointed under paragraph (2); 
(B) the Assistant Secretary for Tax Policy of the 
Department of the Treasury and the Commissioner, who 
shall jointly co-chair meetings of the Advisory Committee; 
and 
(C) the Assistant Secretary for Policy and the Director 
of U.S. Immigration and Customs Enforcement, who shall 
serve as deputy co-chairs of meetings of the Advisory Com-
mittee. 
(2) APPOINTMENT.— 
(A) IN GENERAL.—The Secretary of the Treasury and 
the Secretary of Homeland Security shall jointly appoint 
20 individuals from the private sector to the Advisory Com-
mittee. 
(B) REQUIREMENTS.—In making appointments under 
subparagraph (A), the Secretary of the Treasury and the 
Secretary of Homeland Security shall appoint members— 
(i) to ensure that the membership of the Advisory 
Committee is representative of the individuals and 
firms affected by the commercial operations of U.S. 
Customs and Border Protection; and 
(ii) without regard to political affiliation. 
(C) TERMS.—Each individual appointed to the Advisory 
Committee under this paragraph shall be appointed for 
a term of not more than 3 years, and may be reappointed 
to subsequent terms, but may not serve more than 2 terms 
sequentially.
H. R. 644—16 
(3) TRANSFER
OF
MEMBERSHIP.—The Secretary of the 
Treasury and the Secretary of Homeland Security may transfer 
members serving on the Advisory Committee on Commercial 
Operations of the United States Customs Service established 
under section 9503(c) of the Omnibus Budget Reconciliation 
Act of 1987 (19 U.S.C. 2071 note) on the day before the date 
of the enactment of this Act to the Advisory Committee estab-
lished under subsection (a). 
(c) DUTIES.—The Advisory Committee established under sub-
section (a) shall— 
(1) advise the Secretary of the Treasury and the Secretary 
of Homeland Security on all matters involving the commercial 
operations of U.S. Customs and Border Protection, including 
advising with respect to significant changes that are proposed 
with respect to regulations, policies, or practices of U.S. Cus-
toms and Border Protection; 
(2) provide recommendations to the Secretary of the 
Treasury and the Secretary of Homeland Security on improve-
ments to the commercial operations of U.S. Customs and Border 
Protection; 
(3) collaborate in developing the agenda for Advisory Com-
mittee meetings; and 
(4) perform such other functions relating to the commercial 
operations of U.S. Customs and Border Protection as prescribed 
by law or as the Secretary of the Treasury and the Secretary 
of Homeland Security jointly direct. 
(d) MEETINGS.—Notwithstanding section 10(f) of the Federal 
Advisory Committee Act (5 U.S.C. App.), the Advisory Committee 
shall meet at the call of the Secretary of the Treasury and the 
Secretary of Homeland Security, or at the call of not less than 
2⁄3 of the membership of the Advisory Committee. The Advisory 
Committee shall meet at least 4 times each calendar year. 
(e) ANNUAL REPORT.—Not later than December 31, 2016, and 
annually thereafter, the Advisory Committee shall submit to the 
Committee on Finance of the Senate and the Committee on Ways 
and Means of the House of Representatives a report that— 
(1) describes the activities of the Advisory Committee 
during the preceding fiscal year; and 
(2) sets forth any recommendations of the Advisory Com-
mittee regarding the commercial operations of U.S. Customs 
and Border Protection. 
(f) TERMINATION.—Section 14(a)(2) of the Federal Advisory 
Committee Act (5 U.S.C. App.; relating to the termination of 
advisory committees) shall not apply to the Advisory Committee. 
(g) CONFORMING AMENDMENT.— 
(1) IN
GENERAL.—Effective on the date on which the 
Advisory Committee is established under subsection (a), section 
9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 
U.S.C. 2071 note) is repealed. 
(2) REFERENCE.—Any reference in law to the Advisory Com-
mittee on Commercial Operations of the United States Customs 
Service established under section 9503(c) of the Omnibus 
Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) made 
on or after the date on which the Advisory Committee is estab-
lished under subsection (a), shall be deemed a reference to 
the Commercial Customs Operations Advisory Committee 
established under subsection (a).
H. R. 644—17 
SEC. 110. CENTERS OF EXCELLENCE AND EXPERTISE. 
(a) IN GENERAL.—The Commissioner shall, in consultation with 
the appropriate congressional committees and the Commercial Cus-
toms Operations Advisory Committee established under section 109, 
develop and implement Centers of Excellence and Expertise 
throughout U.S. Customs and Border Protection that— 
(1) enhance the economic competitiveness of the United 
States by consistently enforcing the laws and regulations of 
the United States at all ports of entry of the United States 
and by facilitating the flow of legitimate trade through 
increasing industry-based knowledge; 
(2) improve enforcement efforts, including enforcement of 
priority trade issues described in section 117, in specific 
industry sectors through the application of targeting informa-
tion from the National Targeting Center under section 111 
and from other means of verification; 
(3) build upon the expertise of U.S. Customs and Border 
Protection in particular industry operations, supply chains, and 
compliance requirements; 
(4) promote the uniform implementation at each port of 
entry of the United States of policies and regulations relating 
to imports; 
(5) centralize the trade enforcement and trade facilitation 
efforts of U.S. Customs and Border Protection; 
(6) formalize an account-based approach to apply, as the 
Commissioner determines appropriate, to the importation of 
merchandise into the United States; 
(7) foster partnerships though the expansion of trade pro-
grams and other trusted partner programs; 
(8) develop applicable performance measurements to meet 
internal efficiency and effectiveness goals; and 
(9) whenever feasible, facilitate a more efficient flow of 
information between Federal agencies. 
(b) REPORT.—Not later than December 31, 2016, the Commis-
sioner shall submit to the appropriate congressional committees 
a report describing— 
(1) the scope, functions, and structure of each Center of 
Excellence and Expertise developed and implemented under 
subsection (a); 
(2) the effectiveness of each such Center of Excellence 
and Expertise in improving enforcement efforts, including 
enforcement of priority trade issues described in section 117, 
and facilitating legitimate trade; 
(3) the quantitative and qualitative benefits of each such 
Center of Excellence and Expertise to the trade community, 
including through fostering partnerships through the expansion 
of trade programs such as the Importer Self Assessment pro-
gram and other trusted partner programs; 
(4) all applicable performance measurements with respect 
to each such Center of Excellence and Expertise, including 
performance measures with respect to meeting internal effi-
ciency and effectiveness goals; 
(5) the performance of each such Center of Excellence and 
Expertise in increasing the accuracy and completeness of data 
with respect to international trade and facilitating a more 
efficient flow of information between Federal agencies; and
H. R. 644—18 
(6) any planned changes in the number, scope, functions, 
or any other aspect of the Centers of Excellence and Expertise 
developed and implemented under subsection (a). 
SEC. 111. COMMERCIAL RISK ASSESSMENT TARGETING AND TRADE 
ALERTS. 
(a) COMMERCIAL RISK ASSESSMENT TARGETING.—In carrying 
out its duties under section 411(g)(4) of the Homeland Security 
Act of 2002, as added by section 802(a) of this Act, the National 
Targeting Center, in coordination with the Office of Trade estab-
lished under section 4 of the Act of March 3, 1927 (44 Stat. 1381, 
chapter 348; 19 U.S.C. 2071 et seq.), as added by section 802(h) 
of this Act, as appropriate, shall— 
(1) establish targeted risk assessment methodologies and 
standards— 
(A) for evaluating the risk that cargo destined for 
the United States may violate the customs and trade laws 
of the United States, particularly those laws applicable 
to merchandise subject to the priority trade issues described 
in section 117; and 
(B) for issuing, as appropriate, Trade Alerts described 
in subsection (b); 
(2) to the extent practicable and otherwise authorized by 
law, use, to administer the methodologies and standards estab-
lished under paragraph (1)— 
(A) publicly available information; 
(B) information available from the Automated Commer-
cial System, the Automated Commercial Environment, the 
Automated Targeting System, the Automated Export 
System, the International Trade Data System established 
under section 411(d) of the Tariff Act of 1930 (19 U.S.C. 
1411(d)), the TECS (formerly known as the ‘‘Treasury 
Enforcement Communications System’’), the case manage-
ment system of U.S. Immigration and Customs Enforce-
ment, and any successor systems; and 
(C) information made available to the National Tar-
geting Center, including information provided by private 
sector entities; 
(3) provide for the receipt and transmission to the appro-
priate U.S. Customs and Border Protection offices of allegations 
from interested parties in the private sector of violations of 
customs and trade laws of the United States with respect 
to merchandise relating to the priority trade issues described 
in section 117; and 
(4) notify, on a timely basis, each interested party in the 
private sector that has submitted an allegation of any violation 
of the customs and trade laws of the United States of any 
civil or criminal actions taken by U.S. Customs and Border 
Protection or any other Federal agency resulting from the 
allegation. 
(b) TRADE ALERTS.— 
(1) ISSUANCE.—In carrying out its duties under section 
411(g)(4) of the Homeland Security Act of 2002, as added by 
section 802(a) of this Act, and based upon the application 
of the targeted risk assessment methodologies and standards 
established under subsection (a), the Executive Director of the 
National Targeting Center may issue Trade Alerts to directors
H. R. 644—19 
of United States ports of entry directing further inspection, 
or physical examination or testing, of specific merchandise to 
ensure compliance with all applicable customs and trade laws 
of the United States and regulations administered by U.S. 
Customs and Border Protection. 
(2) DETERMINATIONS NOT TO IMPLEMENT TRADE ALERTS.— 
The director of a United States port of entry may determine 
not to conduct further inspections, or physical examination 
or testing, pursuant to a Trade Alert issued under paragraph 
(1) if the director— 
(A) finds that such a determination is justified by 
port security interests; and 
(B) not later than 48 hours after making the determina-
tion, notifies the Assistant Commissioner of the Office of 
Field Operations of U.S. Customs and Border Protection 
of the determination and the reasons for the determination. 
(3) SUMMARY OF DETERMINATIONS NOT TO IMPLEMENT.— 
The Assistant Commissioner of the Office of Field Operations 
of U.S. Customs and Border Protection shall— 
(A) compile an annual summary of all determinations 
by directors of United States ports of entry under para-
graph (2) and the reasons for those determinations; 
(B) conduct an evaluation of the utilization of Trade 
Alerts issued under paragraph (1); and 
(C) not later than December 31 of each calendar year, 
submit the summary to the appropriate congressional 
committees. 
(4) INSPECTION
DEFINED.—In this subsection, the term 
‘‘inspection’’ means the comprehensive evaluation process used 
by U.S. Customs and Border Protection, other than physical 
examination or testing, to permit the entry of merchandise 
into the United States, or the clearance of merchandise for 
transportation in bond through the United States, for purposes 
of— 
(A) assessing duties; 
(B) identifying restricted or prohibited items; and 
(C) ensuring compliance with all applicable customs 
and trade laws of the United States and regulations 
administered by U.S. Customs and Border Protection. 
(c) USE OF TRADE DATA FOR COMMERCIAL ENFORCEMENT PUR-
POSES.—Section 343(a)(3)(F) of the Trade Act of 2002 (19 U.S.C. 
2071 note) is amended to read as follows: 
‘‘(F) The information collected pursuant to the regula-
tions shall be used exclusively for ensuring cargo safety 
and security, preventing smuggling, and commercial risk 
assessment targeting, and shall not be used for any 
commercial enforcement purposes, including for deter-
mining merchandise entry. Notwithstanding the preceding 
sentence, nothing in this section shall be treated as 
amending, repealing, or otherwise modifying title IV of 
the Tariff Act of 1930 or regulations promulgated there-
under.’’. 
SEC. 112. REPORT ON OVERSIGHT OF REVENUE PROTECTION AND 
ENFORCEMENT MEASURES. 
(a) IN GENERAL.—Not later than June 30, 2016, and not later 
than March 31 of each second year thereafter, the Inspector General
H. R. 644—20 
of the Department of the Treasury shall submit to the Committee 
on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives a report assessing, with respect 
to the period covered by the report, as specified in subsection 
(b), the following: 
(1) The effectiveness of the measures taken by U.S. Cus-
toms and Border Protection with respect to protection of rev-
enue, including— 
(A) the collection of countervailing duties assessed 
under subtitle A of title VII of the Tariff Act of 1930 
(19 U.S.C. 1671 et seq.) and antidumping duties assessed 
under subtitle B of title VII of the Tariff Act of 1930 
(19 U.S.C. 1673 et seq.); 
(B) the assessment, collection, and mitigation of 
commercial fines and penalties; 
(C) the use of bonds, including continuous and single 
transaction bonds, to secure that revenue; and 
(D) the adequacy of the policies of U.S. Customs and 
Border Protection with respect to the monitoring and 
tracking of merchandise transported in bond and collecting 
duties, as appropriate. 
(2) The effectiveness of actions taken by U.S. Customs 
and Border Protection to measure accountability and perform-
ance with respect to protection of revenue. 
(3) The number and outcome of investigations instituted 
by U.S. Customs and Border Protection with respect to the 
underpayment of duties. 
(4) The effectiveness of training with respect to the collec-
tion of duties provided for personnel of U.S. Customs and 
Border Protection. 
(b) PERIOD COVERED BY REPORT.—Each report required by sub-
section (a) shall cover the period of 2 fiscal years ending on Sep-
tember 30 of the calendar year preceding the submission of the 
report. 
SEC. 113. REPORT ON SECURITY AND REVENUE MEASURES WITH 
RESPECT TO MERCHANDISE TRANSPORTED IN BOND. 
(a) IN GENERAL.—Not later than December 31 of 2016, 2017, 
and 2018, the Secretary of Homeland Security and the Secretary 
of the Treasury shall jointly submit to the Committee on Finance 
of the Senate and the Committee on Ways and Means of the 
House of Representatives a report on efforts undertaken by U.S. 
Customs and Border Protection to ensure the secure transportation 
of merchandise in bond through the United States and the collection 
of revenue owed upon the entry of such merchandise into the 
United States for consumption. 
(b) ELEMENTS.—Each report required by subsection (a) shall 
include, for the fiscal year preceding the submission of the report, 
information on— 
(1) the overall number of entries of merchandise for 
transportation in bond through the United States; 
(2) the ports at which merchandise arrives in the United 
States for transportation in bond and at which records of the 
arrival of such merchandise are generated; 
(3) the average time taken to reconcile such records with 
the records at the final destination of the merchandise in the
H. R. 644—21 
United States to demonstrate that the merchandise reaches 
its final destination or is re-exported; 
(4) the average time taken to transport merchandise in 
bond from the port at which the merchandise arrives in the 
United States to its final destination in the United States; 
(5) the total amount of duties, taxes, and fees owed with 
respect to shipments of merchandise transported in bond and 
the total amount of such duties, taxes, and fees paid; 
(6) the total number of notifications by carriers of merchan-
dise being transported in bond that the destination of the 
merchandise has changed; and 
(7) the number of entries that remain unreconciled. 
SEC. 114. IMPORTER OF RECORD PROGRAM. 
(a) ESTABLISHMENT.—Not later than the date that is 180 days 
after the date of the enactment of this Act, the Secretary of Home-
land Security shall establish an importer of record program to 
assign and maintain importer of record numbers. 
(b) REQUIREMENTS.—The Secretary shall ensure that, as part 
of the importer of record program, U.S. Customs and Border Protec-
tion— 
(1) develops criteria that importers must meet in order 
to obtain an importer of record number, including— 
(A) criteria to ensure sufficient information is collected 
to allow U.S. Customs and Border Protection to verify 
the existence of the importer requesting the importer of 
record number; 
(B) criteria to ensure sufficient information is collected 
to allow U.S. Customs and Border Protection to identify 
linkages or other affiliations between importers that are 
requesting or have been assigned importer of record num-
bers; and 
(C) criteria to ensure sufficient information is collected 
to allow U.S. Customs and Border Protection to identify 
changes in address and corporate structure of importers; 
(2) provides a process by which importers are assigned 
importer of record numbers; 
(3) maintains a centralized database of importer of record 
numbers, including a history of importer of record numbers 
associated with each importer, and the information described 
in subparagraphs (A), (B), and (C) of paragraph (1); 
(4) evaluates and maintains the accuracy of the database 
if such information changes; and 
(5) takes measures to ensure that duplicate importer of 
record numbers are not issued. 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the Committee 
on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives a report on the importer of record 
program established under subsection (a). 
(d) NUMBER DEFINED.—In this section, the term ‘‘number’’, 
with respect to an importer of record, means a filing identification 
number described in section 24.5 of title 19, Code of Federal Regula-
tions (or any corresponding similar regulation) that fully supports 
the requirements of subsection (b) with respect to the collection 
and maintenance of information.
H. R. 644—22 
SEC. 115. ESTABLISHMENT OF IMPORTER RISK ASSESSMENT PRO-
GRAM. 
(a) IN GENERAL.—Not later than the date that is 180 days 
after the date of the enactment of this Act, the Commissioner 
shall establish a program that directs U.S. Customs and Border 
Protection to adjust bond amounts for importers, including new 
importers and nonresident importers, based on risk assessments 
of such importers conducted by U.S. Customs and Border Protection, 
in order to protect the revenue of the Federal Government. 
(b) REQUIREMENTS.—The Commissioner shall ensure that, as 
part of the program established under subsection (a), U.S. Customs 
and Border Protection— 
(1) develops risk assessment guidelines for importers, 
including new importers and nonresident importers, to deter-
mine if and to what extent— 
(A) to adjust bond amounts of imported products of 
such importers; and 
(B) to increase screening of imported products of such 
importers; 
(2) develops procedures to ensure increased oversight of 
imported products of new importers, including nonresident 
importers, relating to the enforcement of the priority trade 
issues described in section 117; 
(3) develops procedures to ensure increased oversight of 
imported products of new importers, including new nonresident 
importers, by Centers of Excellence and Expertise established 
under section 110; and 
(4) establishes a centralized database of new importers, 
including new nonresident importers, to ensure accuracy of 
information that is required to be provided by such importers 
to U.S. Customs and Border Protection. 
(c) EXCLUSION OF CERTAIN IMPORTERS.—This section shall not 
apply to an importer that is a validated Tier 2 or Tier 3 participant 
in the Customs–Trade Partnership Against Terrorism program 
established under subtitle B of title II of the Security and Account-
ability for Every Port Act of 2006 (6 U.S.C. 961 et seq.). 
(d) REPORT.—Not later than the date that is 2 years after 
the date of the enactment of this Act, the Inspector General of 
the Department of the Treasury shall submit to the Committee 
on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives a report detailing— 
(1) the risk assessment guidelines developed under sub-
section (b)(1); 
(2) the procedures developed under subsection (b)(2) to 
ensure increased oversight of imported products of new 
importers, including new nonresident importers, relating to 
the enforcement of priority trade issues described in section 
117; 
(3) the procedures developed under subsection (b)(3) to 
ensure increased oversight of imported products of new 
importers, including new nonresident importers, by Centers 
of Excellence and Expertise established under section 110; and 
(4) the number of bonds adjusted based on the risk assess-
ment guidelines developed under subsection (b)(1). 
(e) DEFINITIONS.—In this section:
H. R. 644—23 
(1) IMPORTER.—The term ‘‘importer’’ means one of the par-
ties qualifying as an importer of record under section 
484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)). 
(2) 
NONRESIDENT
IMPORTER.—The 
term 
‘‘nonresident 
importer’’ means an importer who is— 
(A) an individual who is not a citizen of the United 
States or an alien lawfully admitted for permanent resi-
dence in the United States; or 
(B) a partnership, corporation, or other commercial 
entity that is not organized under the laws of a jurisdiction 
within the customs territory of the United States (as such 
term is defined in General Note 2 of the Harmonized Tariff 
Schedule of the United States) or in the Virgin Islands 
of the United States. 
SEC. 116. CUSTOMS BROKER IDENTIFICATION OF IMPORTERS. 
(a) IN GENERAL.—Section 641 of the Tariff Act of 1930 (19 
U.S.C. 1641) is amended by adding at the end the following: 
‘‘(i) IDENTIFICATION OF IMPORTERS.— 
‘‘(1) IN GENERAL.—The Secretary shall prescribe regulations 
setting forth the minimum standards for customs brokers and 
importers, including nonresident importers, regarding the 
identity of the importer that shall apply in connection with 
the importation of merchandise into the United States. 
‘‘(2) MINIMUM
REQUIREMENTS.—The regulations required 
under paragraph (1) shall, at a minimum— 
‘‘(A) identify the information that an importer, 
including a nonresident importer, is required to submit 
to a broker and that a broker is required to collect in 
order to verify the identity of the importer; 
‘‘(B) identify reasonable procedures that a broker is 
required to follow in order to verify the authenticity of 
information collected from an importer; and 
‘‘(C) require a broker to maintain records of the 
information collected by the broker to verify the identity 
of an importer. 
‘‘(3) PENALTIES.—Any customs broker who fails to collect 
information required under the regulations prescribed under 
this subsection shall be liable to the United States, at the 
discretion of the Secretary, for a monetary penalty not to exceed 
$10,000 for each violation of those regulations and shall be 
subject to revocation or suspension of a license or permit of 
the customs broker pursuant to the procedures set forth in 
subsection (d). This penalty shall be assessed in the same 
manner and under the same procedures as the monetary pen-
alties provided for in subsection (d)(2)(A). 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) IMPORTER.—The term ‘importer’ means one of the 
parties qualifying as an importer of record under section 
484(a)(2)(B). 
‘‘(B) NONRESIDENT IMPORTER.—The term ‘nonresident 
importer’ means an importer who is— 
‘‘(i) an individual who is not a citizen of the United 
States or an alien lawfully admitted for permanent 
residence in the United States; or 
‘‘(ii) a partnership, corporation, or other commer-
cial entity that is not organized under the laws of
H. R. 644—24 
a jurisdiction within the customs territory of the United 
States (as such term is defined in General Note 2 
of the Harmonized Tariff Schedule of the United 
States) or in the Virgin Islands of the United States.’’. 
(b) STUDY AND REPORT REQUIRED.—Not later than the date 
that is 180 days after the date of the enactment of this Act, 
the Commissioner shall submit to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House 
of Representatives a report containing recommendations for— 
(1) determining the most timely and effective way to require 
foreign nationals to provide customs brokers with appropriate 
and accurate information, comparable to that which is required 
of United States nationals, concerning the identity, address, 
and other related information relating to such foreign nationals 
necessary to enable customs brokers to comply with the require-
ments of section 641(i) of the Tariff Act of 1930 (as added 
by subsection (a) of this section); and 
(2) establishing a system for customs brokers to review 
information maintained by relevant Federal agencies for pur-
poses of verifying the identities of importers, including non-
resident importers, seeking to import merchandise into the 
United States. 
SEC. 117. PRIORITY TRADE ISSUES. 
(a) IN GENERAL.—The Commissioner shall establish the fol-
lowing as priority trade issues: 
(1) Agriculture programs. 
(2) Antidumping and countervailing duties. 
(3) Import safety. 
(4) Intellectual property rights. 
(5) Revenue. 
(6) Textiles and wearing apparel. 
(7) Trade agreements and preference programs. 
(b) MODIFICATION.—The Commissioner is authorized to estab-
lish new priority trade issues and eliminate, consolidate, or other-
wise modify the priority trade issues described in subsection (a) 
if the Commissioner— 
(1) determines it necessary and appropriate to do so; and 
(2)(A) in the case of new priority trade issues, submits 
to the appropriate congressional committees a summary of pro-
posals to establish such new priority trade issues not later 
than 30 days after such new priority trade issues are to take 
effect; and 
(B) in the case of existing priority trade issues, submits 
to the appropriate congressional committees a summary of pro-
posals to eliminate, consolidate, or otherwise modify such 
existing priority trade issues not later than 60 days before 
such changes are to take effect. 
SEC. 118. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. 
In this title, the term ‘‘appropriate congressional committees’’ 
means— 
(1) the Committee on Finance and the Committee on Home-
land Security and Governmental Affairs of the Senate; and 
(2) the Committee on Ways and Means and the Committee 
on Homeland Security of the House of Representatives.
H. R. 644—25 
TITLE II—IMPORT HEALTH AND SAFETY 
SEC. 201. INTERAGENCY IMPORT SAFETY WORKING GROUP. 
(a) ESTABLISHMENT.—There is established an interagency 
Import Safety Working Group. 
(b) MEMBERSHIP.—The interagency Import Safety Working 
Group shall consist of the following officials or their designees: 
(1) The Secretary of Homeland Security, who shall serve 
as the Chair. 
(2) The Secretary of Health and Human Services, who 
shall serve as the Vice Chair. 
(3) The Secretary of the Treasury. 
(4) The Secretary of Commerce. 
(5) The Secretary of Agriculture. 
(6) The United States Trade Representative. 
(7) The Director of the Office of Management and Budget. 
(8) The Commissioner of Food and Drugs. 
(9) The Commissioner of U.S. Customs and Border Protec-
tion. 
(10) The Chairman of the Consumer Product Safety 
Commission. 
(11) The Director of U.S. Immigration and Customs 
Enforcement. 
(12) The head of any other Federal agency designated 
by the President to participate in the interagency Import Safety 
Working Group, as appropriate. 
(c) DUTIES.—The duties of the interagency Import Safety 
Working Group shall include— 
(1) consulting on the development of the joint import safety 
rapid response plan required by section 202; 
(2) periodically evaluating the adequacy of the plans, prac-
tices, and resources of the Federal Government dedicated to 
ensuring the safety of merchandise imported into the United 
States and the expeditious entry of such merchandise, 
including— 
(A) minimizing the duplication of efforts among Federal 
agencies the heads of which are members of the interagency 
Import Safety Working Group and ensuring the compat-
ibility of the policies and regulations of those agencies; 
and 
(B) recommending additional administrative actions, 
as appropriate, designed to ensure the safety of merchan-
dise imported into the United States and the expeditious 
entry of such merchandise and considering the impact of 
those actions on private sector entities; 
(3) reviewing the engagement and cooperation of foreign 
governments and foreign manufacturers in facilitating the 
inspection and certification, as appropriate, of such merchandise 
to be imported into the United States and the facilities pro-
ducing such merchandise to ensure the safety of the merchan-
dise and the expeditious entry of the merchandise into the 
United States; 
(4) identifying best practices, in consultation with private 
sector entities as appropriate, to assist United States importers
H. R. 644—26 
in taking all appropriate steps to ensure the safety of merchan-
dise imported into the United States, including with respect 
to— 
(A) the inspection of manufacturing facilities in foreign 
countries; 
(B) the inspection of merchandise destined for the 
United States before exportation from a foreign country 
or before distribution in the United States; and 
(C) the protection of the international supply chain 
(as defined in section 2 of the Security and Accountability 
For Every Port Act of 2006 (6 U.S.C. 901)); 
(5) identifying best practices to assist Federal, State, and 
local governments and agencies, and port authorities, to 
improve communication and coordination among such agencies 
and authorities with respect to ensuring the safety of merchan-
dise imported into the United States and the expeditious entry 
of such merchandise; and 
(6) otherwise identifying appropriate steps to increase the 
accountability of United States importers and the engagement 
of foreign government agencies with respect to ensuring the 
safety of merchandise imported into the United States and 
the expeditious entry of such merchandise. 
SEC. 202. JOINT IMPORT SAFETY RAPID RESPONSE PLAN. 
(a) IN GENERAL.—Not later than December 31, 2016, the Sec-
retary of Homeland Security, in consultation with the interagency 
Import Safety Working Group established under section 201, shall 
develop a plan (to be known as the ‘‘joint import safety rapid 
response plan’’) that sets forth protocols and defines practices for 
U.S. Customs and Border Protection to use— 
(1) in taking action in response to, and coordinating Federal 
responses to, an incident in which cargo destined for or mer-
chandise entering the United States has been identified as 
posing a threat to the health or safety of consumers in the 
United States; and 
(2) in recovering from or mitigating the effects of actions 
and responses to an incident described in paragraph (1). 
(b) CONTENTS.—The joint import safety rapid response plan 
shall address— 
(1) the statutory and regulatory authorities and responsibil-
ities of U.S. Customs and Border Protection and other Federal 
agencies in responding to an incident described in subsection 
(a)(1); 
(2) the protocols and practices to be used by U.S. Customs 
and Border Protection when taking action in response to, and 
coordinating Federal responses to, such an incident; 
(3) the measures to be taken by U.S. Customs and Border 
Protection and other Federal agencies in recovering from or 
mitigating the effects of actions taken in response to such 
an incident after the incident to ensure the resumption of 
the entry of merchandise into the United States; and 
(4) exercises that U.S. Customs and Border Protection may 
conduct in conjunction with Federal, State, and local agencies, 
and private sector entities, to simulate responses to such an 
incident. 
(c) UPDATES OF PLAN.—The Secretary of Homeland Security 
shall review and update the joint import safety rapid response
H. R. 644—27 
plan, as appropriate, after conducting exercises under subsection 
(d). 
(d) IMPORT HEALTH AND SAFETY EXERCISES.— 
(1) IN GENERAL.—The Secretary of Homeland Security and 
the Commissioner shall periodically engage in the exercises 
referred to in subsection (b)(4), in conjunction with Federal, 
State, and local agencies and private sector entities, as appro-
priate, to test and evaluate the protocols and practices identified 
in the joint import safety rapid response plan at United States 
ports of entry. 
(2) REQUIREMENTS FOR EXERCISES.—In conducting exercises 
under paragraph (1), the Secretary and the Commissioner 
shall— 
(A) make allowance for the resources, needs, and con-
straints of United States ports of entry of different sizes 
in representative geographic locations across the United 
States; 
(B) base evaluations on current risk assessments of 
merchandise entering the United States at representative 
United States ports of entry located across the United 
States; 
(C) ensure that such exercises are conducted in a 
manner consistent with the National Incident Management 
System, the National Response Plan, the National Infra-
structure Protection Plan, the National Preparedness 
Guidelines, the Maritime Transportation System Security 
Plan, and other such national initiatives of the Department 
of Homeland Security, as appropriate; and 
(D) develop metrics with respect to the resumption 
of the entry of merchandise into the United States after 
an incident described in subsection (a)(1). 
(3) REQUIREMENTS
FOR
TESTING
AND
EVALUATION.—The 
Secretary and the Commissioner shall ensure that the testing 
and evaluation carried out in conducting exercises under para-
graph (1)— 
(A) are performed using clear and objective perform-
ance measures; and 
(B) result in the identification of specific recommenda-
tions or best practices for responding to an incident 
described in subsection (a)(1). 
(4) DISSEMINATION OF RECOMMENDATIONS AND BEST PRAC-
TICES.—The Secretary and the Commissioner shall— 
(A) share the recommendations or best practices identi-
fied under paragraph (3)(B) among the members of the 
interagency Import Safety Working Group established 
under section 201 and with, as appropriate— 
(i) State, local, and tribal governments; 
(ii) foreign governments; and 
(iii) private sector entities; and 
(B) use such recommendations and best practices to 
update the joint import safety rapid response plan. 
SEC. 203. TRAINING. 
The Commissioner shall ensure that personnel of U.S. Customs 
and Border Protection assigned to United States ports of entry 
are trained to effectively administer the provisions of this title 
and to otherwise assist in ensuring the safety of merchandise
H. R. 644—28 
imported into the United States and the expeditious entry of such 
merchandise. 
TITLE III—IMPORT-RELATED PROTEC-
TION OF INTELLECTUAL PROPERTY 
RIGHTS 
SEC. 301. DEFINITION OF INTELLECTUAL PROPERTY RIGHTS. 
In this title, the term ‘‘intellectual property rights’’ refers to 
copyrights, trademarks, and other forms of intellectual property 
rights that are enforced by U.S. Customs and Border Protection 
or U.S. Immigration and Customs Enforcement. 
SEC. 302. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCE-
MENT. 
(a) IN GENERAL.—The Tariff Act of 1930 is amended by 
inserting after section 628 (19 U.S.C. 1628) the following new 
section: 
‘‘SEC. 628A. EXCHANGE OF INFORMATION RELATED TO TRADE 
ENFORCEMENT. 
‘‘(a) IN GENERAL.—Subject to subsections (c) and (d), if the 
Commissioner of U.S. Customs and Border Protection suspects that 
merchandise is being imported into the United States in violation 
of section 526 of this Act or section 602, 1201(a)(2), or 1201(b)(1) 
of title 17, United States Code, and determines that the examination 
or testing of the merchandise by a person described in subsection 
(b) would assist the Commissioner in determining if the merchan-
dise is being imported in violation of that section, the Commissioner, 
to permit the person to conduct the examination and testing— 
‘‘(1) shall provide to the person information that appears 
on the merchandise and its packaging and labels, including 
unredacted images of the merchandise and its packaging and 
labels; and 
‘‘(2) may, subject to any applicable bonding requirements, 
provide to the person unredacted samples of the merchandise. 
‘‘(b) PERSON DESCRIBED.—A person described in this subsection 
is— 
‘‘(1) in the case of merchandise suspected of being imported 
in violation of section 526, the owner of the trademark sus-
pected of being copied or simulated by the merchandise; 
‘‘(2) in the case of merchandise suspected of being imported 
in violation of section 602 of title 17, United States Code, 
the owner of the copyright suspected of being infringed by 
the merchandise; 
‘‘(3) in the case of merchandise suspected of being primarily 
designed or produced for the purpose of circumventing a techno-
logical measure that effectively controls access to a work pro-
tected under that title, and being imported in violation of 
section 1201(a)(2) of that title, the owner of a copyright in 
the work; and 
‘‘(4) in the case of merchandise suspected of being primarily 
designed or produced for the purpose of circumventing protec-
tion afforded by a technological measure that effectively pro-
tects a right of an owner of a copyright in a work or a portion
H. R. 644—29 
of a work, and being imported in violation of section 1201(b)(1) 
of that title, the owner of the copyright. 
‘‘(c) LIMITATION.—Subsection (a) applies only with respect to 
merchandise suspected of infringing a trademark or copyright that 
is recorded with U.S. Customs and Border Protection. 
‘‘(d) EXCEPTION.—The Commissioner may not provide under 
subsection (a) information, photographs, or samples to a person 
described in subsection (b) if providing such information, photo-
graphs, or samples would compromise an ongoing law enforcement 
investigation or national security.’’. 
(b) TERMINATION OF PREVIOUS AUTHORITY.—Notwithstanding 
paragraph (2) of section 818(g) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1496; 
10 U.S.C. 2302 note), paragraph (1) of that section shall have 
no force or effect on or after the date of the enactment of this 
Act. 
SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES. 
(a) IN GENERAL.—Section 596(c)(2) of the Tariff Act of 1930 
(19 U.S.C. 1595a(c)(2)) is amended— 
(1) in subparagraph (E), by striking ‘‘or’’; 
(2) in subparagraph (F), by striking the period at the end 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(G) U.S. Customs and Border Protection determines 
it is a technology, product, service, device, component, or 
part thereof the importation of which is prohibited under 
subsection (a)(2) or (b)(1) of section 1201 of title 17, United 
States Code.’’. 
(b) NOTIFICATION OF PERSONS INJURED.— 
(1) IN GENERAL.—Not later than the date that is 30 busi-
ness days after seizing merchandise pursuant to subparagraph 
(G) of section 596(c)(2) of the Tariff Act of 1930, as added 
by subsection (a), the Commissioner shall provide to any person 
identified under paragraph (2) information regarding the mer-
chandise seized that is equivalent to information provided to 
copyright owners under regulations of U.S. Customs and Border 
Protection for merchandise seized for violation of the copyright 
laws. 
(2) PERSONS TO BE PROVIDED INFORMATION.—Any person 
injured by the violation of subsection (a)(2) or (b)(1) of section 
1201 of title 17, United States Code, that resulted in the 
seizure of the merchandise shall be provided information under 
paragraph (1), if that person is included on a list to be estab-
lished and maintained by the Commissioner. The Commissioner 
shall publish notice of the establishment of and revisions to 
the list in the Federal Register. 
(3) REGULATIONS.—Not later than the date that is one 
year after the date of the enactment of this Act, the Secretary 
of the Treasury shall prescribe regulations establishing proce-
dures that implement this subsection. 
SEC. 304. ENFORCEMENT BY U.S. CUSTOMS AND BORDER PROTECTION 
OF WORKS FOR WHICH COPYRIGHT REGISTRATION IS 
PENDING. 
Not later than the date that is 180 days after the date of 
the enactment of this Act, the Secretary of Homeland Security 
shall authorize a process pursuant to which the Commissioner
H. R. 644—30 
shall enforce a copyright for which the owner has submitted an 
application for registration under title 17, United States Code, 
with the United States Copyright Office, to the same extent and 
in the same manner as if the copyright were registered with the 
Copyright Office, including by sharing information, images, and 
samples of merchandise suspected of infringing the copyright under 
section 628A of the Tariff Act of 1930, as added by section 302. 
SEC. 305. NATIONAL INTELLECTUAL PROPERTY RIGHTS COORDINA-
TION CENTER. 
(a) ESTABLISHMENT.—The Secretary of Homeland Security 
shall— 
(1) establish within U.S. Immigration and Customs 
Enforcement a National Intellectual Property Rights Coordina-
tion Center; and 
(2) appoint an Assistant Director to head the National 
Intellectual Property Rights Coordination Center. 
(b) DUTIES.—The Assistant Director of the National Intellectual 
Property Rights Coordination Center shall— 
(1) coordinate the investigation of sources of merchandise 
that infringe intellectual property rights to identify organiza-
tions and individuals that produce, smuggle, or distribute such 
merchandise; 
(2) conduct and coordinate training with other domestic 
and international law enforcement agencies on investigative 
best practices— 
(A) to develop and expand the capability of such agen-
cies to enforce intellectual property rights; and 
(B) to develop metrics to assess whether the training 
improved enforcement of intellectual property rights; 
(3) coordinate, with U.S. Customs and Border Protection, 
activities conducted by the United States to prevent the 
importation or exportation of merchandise that infringes 
intellectual property rights; 
(4) support the international interdiction of merchandise 
destined for the United States that infringes intellectual prop-
erty rights; 
(5) collect and integrate information regarding infringement 
of intellectual property rights from domestic and international 
law enforcement agencies and other non-Federal sources; 
(6) develop a means to receive and organize information 
regarding infringement of intellectual property rights from such 
agencies and other sources; 
(7) disseminate information regarding infringement of 
intellectual property rights to other Federal agencies, as appro-
priate; 
(8) develop and implement risk-based alert systems, in 
coordination with U.S. Customs and Border Protection, to 
improve the targeting of persons that repeatedly infringe 
intellectual property rights; 
(9) coordinate with the offices of United States attorneys 
in order to develop expertise in, and assist with the investiga-
tion and prosecution of, crimes relating to the infringement 
of intellectual property rights; and 
(10) carry out such other duties as the Secretary of Home-
land Security may assign.
H. R. 644—31 
(c) COORDINATION WITH OTHER AGENCIES.—In carrying out 
the duties described in subsection (b), the Assistant Director of 
the National Intellectual Property Rights Coordination Center shall 
coordinate with— 
(1) U.S. Customs and Border Protection; 
(2) the Food and Drug Administration; 
(3) the Department of Justice; 
(4) the Department of Commerce, including the United 
States Patent and Trademark Office; 
(5) the United States Postal Inspection Service; 
(6) the Office of the United States Trade Representative; 
(7) any Federal, State, local, or international law enforce-
ment agencies that the Director of U.S. Immigration and Cus-
toms Enforcement considers appropriate; and 
(8) any other entities that the Director considers appro-
priate. 
(d) PRIVATE SECTOR OUTREACH.— 
(1) IN GENERAL.—The Assistant Director of the National 
Intellectual Property Rights Coordination Center shall work 
with U.S. Customs and Border Protection and other Federal 
agencies to conduct outreach to private sector entities in order 
to determine trends in and methods of infringing intellectual 
property rights. 
(2) INFORMATION SHARING.—The Assistant Director shall 
share information and best practices with respect to the enforce-
ment of intellectual property rights with private sector entities, 
as appropriate, in order to coordinate public and private sector 
efforts to combat the infringement of intellectual property 
rights. 
SEC. 306. JOINT STRATEGIC PLAN FOR THE ENFORCEMENT OF 
INTELLECTUAL PROPERTY RIGHTS. 
The Commissioner and the Director of U.S. Immigration and 
Customs Enforcement shall include in the joint strategic plan 
required by section 105— 
(1) a description of the efforts of the Department of Home-
land Security to enforce intellectual property rights; 
(2) a list of the 10 United States ports of entry at which 
U.S. Customs and Border Protection has seized the most mer-
chandise, both by volume and by value, that infringes intellec-
tual property rights during the most recent 2-year period for 
which data are available; and 
(3) a recommendation for the optimal allocation of per-
sonnel, resources, and technology to ensure that U.S. Customs 
and Border Protection and U.S. Immigration and Customs 
Enforcement are adequately enforcing intellectual property 
rights. 
SEC. 307. PERSONNEL DEDICATED TO THE ENFORCEMENT OF 
INTELLECTUAL PROPERTY RIGHTS. 
(a) PERSONNEL OF U.S. CUSTOMS AND BORDER PROTECTION.— 
The Commissioner and the Director of U.S. Immigration and Cus-
toms Enforcement shall ensure that sufficient personnel are 
assigned throughout U.S. Customs and Border Protection and U.S. 
Immigration and Customs Enforcement, respectively, who have 
responsibility for preventing the importation into the United States 
of merchandise that infringes intellectual property rights.
H. R. 644—32 
(b) STAFFING OF NATIONAL INTELLECTUAL PROPERTY RIGHTS 
COORDINATION CENTER.—The Commissioner shall— 
(1) assign not fewer than 3 full-time employees of U.S. 
Customs and Border Protection to the National Intellectual 
Property Rights Coordination Center established under section 
305; and 
(2) ensure that sufficient personnel are assigned to United 
States ports of entry to carry out the directives of the Center. 
SEC. 308. TRAINING WITH RESPECT TO THE ENFORCEMENT OF 
INTELLECTUAL PROPERTY RIGHTS. 
(a) TRAINING.—The Commissioner shall ensure that officers 
of U.S. Customs and Border Protection are trained to effectively 
detect and identify merchandise destined for the United States 
that infringes intellectual property rights, including through the 
use of technologies identified under subsection (c). 
(b) CONSULTATION WITH PRIVATE SECTOR.—The Commissioner 
shall consult with private sector entities to better identify opportuni-
ties for collaboration between U.S. Customs and Border Protection 
and such entities with respect to training for officers of U.S. Cus-
toms and Border Protection in enforcing intellectual property rights. 
(c) IDENTIFICATION
OF NEW TECHNOLOGIES.—In consultation 
with private sector entities, the Commissioner shall identify— 
(1) technologies with the cost-effective capability to detect 
and identify merchandise at United States ports of entry that 
infringes intellectual property rights; and 
(2) cost-effective programs for training officers of U.S. Cus-
toms and Border Protection to use such technologies. 
(d) DONATIONS OF TECHNOLOGY.—Not later than the date that 
is 180 days after the date of the enactment of this Act, the Commis-
sioner shall prescribe regulations to enable U.S. Customs and 
Border Protection to receive donations of hardware, software, equip-
ment, and similar technologies, and to accept training and other 
support services, from private sector entities, for the purpose of 
enforcing intellectual property rights. 
SEC. 
309. 
INTERNATIONAL 
COOPERATION 
AND 
INFORMATION 
SHARING. 
(a) COOPERATION.—The Secretary of Homeland Security shall 
coordinate with the competent law enforcement and customs 
authorities of foreign countries, including by sharing information 
relevant to enforcement actions, to enhance the efforts of the United 
States and such authorities to enforce intellectual property rights. 
(b) TECHNICAL ASSISTANCE.—The Secretary of Homeland Secu-
rity shall provide technical assistance to competent law enforcement 
and customs authorities of foreign countries to enhance the ability 
of such authorities to enforce intellectual property rights. 
(c) INTERAGENCY COLLABORATION.—The Commissioner and the 
Director of U.S. Immigration and Customs Enforcement shall lead 
interagency efforts to collaborate with law enforcement and customs 
authorities of foreign countries to enforce intellectual property 
rights. 
SEC. 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS ENFORCE-
MENT. 
Not later than September 30, 2016, and annually thereafter, 
the Commissioner and the Director of U.S. Immigration and Cus-
toms Enforcement shall jointly submit to the Committee on Finance
H. R. 644—33 
of the Senate, the Committee on Ways and Means of the House 
of Representatives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, and the Committee on Home-
land Security of the House of Representatives a report that contains 
the following: 
(1) With respect to the enforcement of intellectual property 
rights, the following: 
(A) The number of referrals, during the preceding year, 
from U.S. Customs and Border Protection to U.S. Immigra-
tion and Customs Enforcement relating to infringement 
of intellectual property rights. 
(B) The number of investigations relating to the 
infringement of intellectual property rights referred by U.S. 
Immigration and Customs Enforcement to a United States 
attorney for prosecution and the United States attorneys 
to which those investigations were referred. 
(C) The number of such investigations accepted by 
each such United States attorney and the status or outcome 
of each such investigation. 
(D) The number of such investigations that resulted 
in the imposition of civil or criminal penalties. 
(E) A description of the efforts of U.S. Customs and 
Border Protection and U.S. Immigration and Customs 
Enforcement to improve the success rates of investigations 
and prosecutions relating to the infringement of intellectual 
property rights. 
(2) An estimate of the average time required by the Office 
of Trade established under section 4 of the Act of March 3, 
1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), 
as added by section 802(h) of this Act, to respond to a request 
from port personnel for advice with respect to whether merchan-
dise detained by U.S. Customs and Border Protection infringed 
intellectual property rights, distinguished by types of intellec-
tual property rights infringed. 
(3) A summary of the outreach efforts of U.S. Customs 
and Border Protection and U.S. Immigration and Customs 
Enforcement with respect to— 
(A) the interdiction and investigation of, and the 
sharing of information between those agencies and other 
Federal agencies to prevent, the infringement of intellectual 
property rights; 
(B) collaboration with private sector entities— 
(i) to identify trends in the infringement of, and 
technologies that infringe, intellectual property rights; 
(ii) to identify opportunities for enhanced training 
of officers of U.S. Customs and Border Protection and 
U.S. Immigration and Customs Enforcement; and 
(iii) to develop best practices to enforce intellectual 
property rights; and 
(C) coordination with foreign governments and inter-
national organizations with respect to the enforcement of 
intellectual property rights. 
(4) A summary of the efforts of U.S. Customs and Border 
Protection and U.S. Immigration and Customs Enforcement 
to address the challenges with respect to the enforcement of 
intellectual property rights presented by Internet commerce 
and the transit of small packages and an identification of
H. R. 644—34 
the volume, value, and type of merchandise seized for infringing 
intellectual property rights as a result of such efforts. 
(5) A summary of training relating to the enforcement 
of intellectual property rights conducted under section 308 and 
expenditures for such training. 
SEC. 311. INFORMATION FOR TRAVELERS REGARDING VIOLATIONS OF 
INTELLECTUAL PROPERTY RIGHTS. 
(a) IN GENERAL.—The Secretary of Homeland Security shall 
develop and carry out an educational campaign to inform travelers 
entering or leaving the United States about the legal, economic, 
and public health and safety implications of acquiring merchandise 
that infringes intellectual property rights outside the United States 
and importing such merchandise into the United States in violation 
of United States law. 
(b) DECLARATION FORMS.—The Commissioner shall ensure that 
all versions of Declaration Form 6059B of U.S. Customs and Border 
Protection, or a successor form, including any electronic equivalent 
of Declaration Form 6059B or a successor form, printed or displayed 
on or after the date that is 30 days after the date of the enactment 
of this Act include a written warning to inform travelers arriving 
in the United States that importation of merchandise into the 
United States that infringes intellectual property rights may subject 
travelers to civil or criminal penalties and may pose serious risks 
to safety or health. 
TITLE IV—PREVENTION OF EVASION OF 
ANTIDUMPING 
AND 
COUNTER-
VAILING DUTY ORDERS 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Enforce and Protect Act of 
2015’’. 
SEC. 402. DEFINITIONS. 
In this title: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Finance and the Committee on 
Appropriations of the Senate; and 
(B) the Committee on Ways and Means and the Com-
mittee on Appropriations of the House of Representatives. 
(2) COVERED MERCHANDISE.—The term ‘‘covered merchan-
dise’’ means merchandise that is subject to— 
(A) a countervailing duty order issued under section 
706 of the Tariff Act of 1930 (19 U.S.C. 1671e); or 
(B) an antidumping duty order issued under section 
736 of the Tariff Act of 1930 (19 U.S.C. 1673e). 
(3) ELIGIBLE SMALL BUSINESS.— 
(A) IN GENERAL.—The term ‘‘eligible small business’’ 
means any business concern that, in the judgment of the 
Commissioner, due to its small size, has neither adequate 
internal resources nor financial ability to obtain qualified 
outside assistance in preparing and submitting for consider-
ation allegations of evasion.
H. R. 644—35 
(B) 
NONREVIEWABILITY.—Any 
agency 
decision 
regarding whether a business concern is an eligible small 
business for purposes of section 411(b)(4)(E) is not review-
able by any other agency or by any court. 
(4) ENTER; ENTRY.—The terms ‘‘enter’’ and ‘‘entry’’ refer 
to the entry, or withdrawal from warehouse for consumption, 
of merchandise in the customs territory of the United States. 
(5) EVADE; EVASION.—The terms ‘‘evade’’ and ‘‘evasion’’ 
refer to entering covered merchandise into the customs territory 
of the United States by means of any document or electronically 
transmitted data or information, written or oral statement, 
or act that is material and false, or any omission that is 
material, and that results in any cash deposit or other security 
or any amount of applicable antidumping or countervailing 
duties being reduced or not being applied with respect to the 
merchandise. 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of the Treasury. 
(7) TRADE REMEDY LAWS.—The term ‘‘trade remedy laws’’ 
means title VII of the Tariff Act of 1930 (19 U.S.C. 1671 
et seq.). 
SEC. 403. APPLICATION TO CANADA AND MEXICO. 
Pursuant to article 1902 of the North American Free Trade 
Agreement and section 408 of the North American Free Trade 
Agreement Implementation Act (19 U.S.C. 3438), this title and 
the amendments made by this title shall apply with respect to 
goods from Canada and Mexico. 
Subtitle A—Actions Relating to 
Enforcement of Trade Remedy Laws 
SEC. 411. TRADE REMEDY LAW ENFORCEMENT DIVISION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Homeland Security shall 
establish and maintain within the Office of Trade established 
under section 4 of the Act of March 3, 1927 (44 Stat. 1381, 
chapter 348; 19 U.S.C. 2071 et seq.), as added by section 
802(h) of this Act, a Trade Remedy Law Enforcement Division. 
(2) COMPOSITION.—The Trade Remedy Law Enforcement 
Division shall be composed of— 
(A) headquarters personnel led by a Director, who shall 
report to the Executive Assistant Commissioner of the 
Office of Trade; and 
(B) a National Targeting and Analysis Group dedicated 
to preventing and countering evasion. 
(3) DUTIES.—The Trade Remedy Law Enforcement Division 
shall be dedicated— 
(A) to the development and administration of policies 
to prevent and counter evasion, including policies relating 
to the implementation of section 517 of the Tariff Act 
of 1930, as added by section 421 of this Act; 
(B) to direct enforcement and compliance assessment 
activities concerning evasion;
H. R. 644—36 
(C) to the development and conduct of commercial risk 
assessment targeting with respect to cargo destined for 
the United States in accordance with subsection (c); 
(D) to issuing Trade Alerts described in subsection 
(d); and 
(E) to the development of policies for the application 
of single entry and continuous bonds for entries of covered 
merchandise to sufficiently protect the collection of anti-
dumping and countervailing duties commensurate with the 
level of risk of noncollection. 
(b) DUTIES OF DIRECTOR.—The duties of the Director of the 
Trade Remedy Law Enforcement Division shall include— 
(1) directing the trade enforcement and compliance assess-
ment activities of U.S. Customs and Border Protection that 
concern evasion; 
(2) facilitating, promoting, and coordinating cooperation 
and the exchange of information between U.S. Customs and 
Border Protection, U.S. Immigration and Customs Enforcement, 
and other relevant Federal agencies regarding evasion; 
(3) notifying on a timely basis the administering authority 
(as defined in section 771(1) of the Tariff Act of 1930 (19 
U.S.C. 1677(1))) and the Commission (as defined in section 
771(2) of the Tariff Act of 1930 (19 U.S.C. 1677(2))) of any 
finding, determination, civil action, or criminal action taken 
by U.S. Customs and Border Protection or other Federal agency 
regarding evasion; 
(4) serving as the primary liaison between U.S. Customs 
and Border Protection and the public regarding activities con-
cerning evasion, including activities relating to investigations 
conducted under section 517 of the Tariff Act of 1930, as added 
by section 421 of this Act, which include— 
(A) receiving allegations of evasion from parties, 
including allegations described in section 517(b)(2) of the 
Tariff Act of 1930, as so added; 
(B) upon request by the party or parties that submitted 
such an allegation of evasion, providing information to 
such party or parties on the status of U.S. Customs and 
Border Protection’s consideration of the allegation and deci-
sion to pursue or not pursue any administrative inquiries 
or other actions, such as changes in policies, procedures, 
or resource allocation as a result of the allegation; 
(C) as needed, requesting from the party or parties 
that submitted such an allegation of evasion any additional 
information that may be relevant for U.S. Customs and 
Border Protection determining whether to initiate an 
administrative inquiry or take any other action regarding 
the allegation; 
(D) notifying on a timely basis the party or parties 
that submitted such an allegation of the results of any 
administrative, civil, or criminal actions taken by U.S. 
Customs and Border Protection or other Federal agency 
regarding evasion as a direct or indirect result of the allega-
tion; 
(E) upon request, providing technical assistance and 
advice to eligible small businesses to enable such 
businesses to prepare and submit such an allegation of
H. R. 644—37 
evasion, except that the Director may deny technical assist-
ance if the Director concludes that the allegation, if sub-
mitted, would not lead to the initiation of an administrative 
inquiry or any other action to address the allegation; 
(F) in cooperation with the public, the Commercial 
Customs Operations Advisory Committee established under 
section 109, the Trade Support Network, and any other 
relevant parties and organizations, developing guidelines 
on the types and nature of information that may be pro-
vided in such an allegation of evasion; and 
(G) consulting regularly with the public, the Commer-
cial Customs Operations Advisory Committee, the Trade 
Support Network, and any other relevant parties and 
organizations regarding the development and implementa-
tion of regulations, interpretations, and policies related 
to countering evasion. 
(c) PREVENTING
AND COUNTERING EVASION
OF
THE TRADE 
REMEDY LAWS.—In carrying out its duties with respect to pre-
venting and countering evasion, the National Targeting and Anal-
ysis Group dedicated to preventing and countering evasion shall— 
(1) establish targeted risk assessment methodologies and 
standards— 
(A) for evaluating the risk that cargo destined for 
the United States may constitute evading covered merchan-
dise; and 
(B) for issuing, as appropriate, Trade Alerts described 
in subsection (d); and 
(2) to the extent practicable and otherwise authorized by 
law, use information available from the Automated Commercial 
System, the Automated Commercial Environment, the Auto-
mated Targeting System, the Automated Export System, the 
International Trade Data System established under section 
411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)), and the 
TECS (formerly known as the ‘‘Treasury Enforcement Commu-
nications System’’), and any similar and successor systems, 
to administer the methodologies and standards established 
under paragraph (1). 
(d) TRADE ALERTS.—Based upon the application of the targeted 
risk assessment methodologies and standards established under 
subsection (c), the Director of the Trade Remedy Law Enforcement 
Division shall issue Trade Alerts or other such means of notification 
to directors of United States ports of entry directing further inspec-
tion, physical examination, or testing of merchandise to ensure 
compliance with the trade remedy laws and to require additional 
bonds, cash deposits, or other security to ensure collection of any 
duties, taxes, and fees owed. 
SEC. 412. COLLECTION OF INFORMATION ON EVASION OF TRADE 
REMEDY LAWS. 
(a) AUTHORITY
TO
COLLECT
INFORMATION.—To determine 
whether covered merchandise is being entered into the customs 
territory of the United States through evasion, the Secretary, acting 
through the Commissioner— 
(1) shall exercise all existing authorities to collect informa-
tion needed to make the determination; and 
(2) may collect such additional information as is necessary 
to make the determination through such methods as the
H. R. 644—38 
Commissioner considers appropriate, including by issuing 
questionnaires with respect to the entry or entries at issue 
to— 
(A) a person who filed an allegation with respect to 
the covered merchandise; 
(B) a person who is alleged to have entered the covered 
merchandise into the customs territory of the United States 
through evasion; or 
(C) any other person who is determined to have 
information relevant to the allegation of entry of covered 
merchandise into the customs territory of the United States 
through evasion. 
(b) ADVERSE INFERENCE.— 
(1) USE OF ADVERSE INFERENCE.— 
(A) IN GENERAL.—If the Secretary finds that a person 
described in subparagraph (B) has failed to cooperate by 
not acting to the best of the person’s ability to comply 
with a request for information under subsection (a), the 
Secretary may, in making a determination whether an 
entry or entries of covered merchandise may constitute 
merchandise that is entered into the customs territory 
of the United States through evasion, use an inference 
that is adverse to the interests of that person in selecting 
from among the facts otherwise available to determine 
whether evasion has occurred. 
(B) PERSON DESCRIBED.—A person described in this 
subparagraph is— 
(i) a person who filed an allegation with respect 
to covered merchandise; 
(ii) a person alleged to have entered covered mer-
chandise into the customs territory of the United States 
through evasion; or 
(iii) a foreign producer or exporter of covered mer-
chandise that is alleged to have entered into the cus-
toms territory of the United States through evasion. 
(C) APPLICATION.—An inference described in subpara-
graph (A) may be used under that subparagraph with 
respect to a person described in clause (ii) or (iii) of 
subparagraph (B) without regard to whether another per-
son involved in the same transaction or transactions under 
examination has provided the information sought by the 
Secretary, such as import or export documentation. 
(2) ADVERSE INFERENCE DESCRIBED.—An adverse inference 
used under paragraph (1)(A) may include reliance on informa-
tion derived from— 
(A) the allegation of evasion of the trade remedy laws, 
if any, submitted to U.S. Customs and Border Protection; 
(B) a determination by the Commissioner in another 
investigation, proceeding, or other action regarding evasion 
of the unfair trade laws; or 
(C) any other available information. 
SEC. 413. ACCESS TO INFORMATION. 
(a) IN GENERAL.—Section 777(b)(1)(A)(ii) of the Tariff Act of 
1930 (19 U.S.C. 1677f(b)(1)(A)(ii)) is amended by inserting ‘‘neg-
ligence, gross negligence, or’’ after ‘‘regarding’’.
H. R. 644—39 
(b) ADDITIONAL
INFORMATION.—Notwithstanding any other 
provision of law, the Secretary is authorized to provide to the 
Secretary of Commerce or the United States International Trade 
Commission any information that is necessary to enable the Sec-
retary of Commerce or the United States International Trade 
Commission to assist the Secretary to identify, through risk assess-
ment targeting or otherwise, covered merchandise that is entered 
into the customs territory of the United States through evasion. 
SEC. 414. COOPERATION WITH FOREIGN COUNTRIES ON PREVENTING 
EVASION OF TRADE REMEDY LAWS. 
(a) BILATERAL AGREEMENTS.— 
(1) IN
GENERAL.—The Secretary shall seek to negotiate 
and enter into bilateral agreements with the customs authori-
ties or other appropriate authorities of foreign countries for 
purposes of cooperation on preventing evasion of the trade 
remedy laws of the United States and the trade remedy laws 
of the other country. 
(2) PROVISIONS
AND
AUTHORITIES.—The Secretary shall 
seek to include in each such bilateral agreement the following 
provisions and authorities: 
(A) On the request of the importing country, the 
exporting country shall provide, consistent with its laws, 
regulations, and procedures, production, trade, and transit 
documents and other information necessary to determine 
whether an entry or entries exported from the exporting 
country are subject to the importing country’s trade remedy 
laws. 
(B) On the written request of the importing country, 
the exporting country shall conduct a verification for pur-
poses of enabling the importing country to make a deter-
mination described in subparagraph (A). 
(C) The exporting country may allow the importing 
country to participate in a verification described in subpara-
graph (B), including through a site visit. 
(D) If the exporting country does not allow participation 
of the importing country in a verification described in 
subparagraph (B), the importing country may take this 
fact into consideration in its trade enforcement and compli-
ance assessment activities regarding the compliance of the 
exporting country’s exports with the importing country’s 
trade remedy laws. 
(b) CONSIDERATION.—The Commissioner is authorized to take 
into consideration whether a country is a signatory to a bilateral 
agreement described in subsection (a) and the extent to which 
the country is cooperating under the bilateral agreement for pur-
poses of trade enforcement and compliance assessment activities 
of U.S. Customs and Border Protection that concern evasion by 
such country’s exports. 
(c) REPORT.—Not later than December 31 of each calendar 
year beginning after the date of the enactment of this Act, the 
Secretary shall submit to the appropriate congressional committees 
a report summarizing— 
(1) the status of any ongoing negotiations of bilateral agree-
ments described in subsection (a), including the identities of 
the countries involved in such negotiations;
H. R. 644—40 
(2) the terms of any completed bilateral agreements 
described in subsection (a); and 
(3) bilateral cooperation and other activities conducted 
pursuant to or enabled by any completed bilateral agreements 
described in subsection (a). 
SEC. 415. TRADE NEGOTIATING OBJECTIVES. 
The principal negotiating objectives of the United States shall 
include obtaining the objectives of the bilateral agreements 
described under section 414(a) for any trade agreements under 
negotiation as of the date of the enactment of this Act or future 
trade agreement negotiations. 
Subtitle B—Investigation of Evasion of 
Trade Remedy Laws 
SEC. 421. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF 
ANTIDUMPING AND COUNTERVAILING DUTY ORDERS. 
(a) IN GENERAL.—The Tariff Act of 1930 is amended by 
inserting after section 516A (19 U.S.C. 1516a) the following: 
‘‘SEC. 517. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION 
OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTERING AUTHORITY.—The term ‘administering 
authority’ has the meaning given that term in section 771(1). 
‘‘(2) COMMISSIONER.—The term ‘Commissioner’ means the 
Commissioner of U.S. Customs and Border Protection. 
‘‘(3) COVERED MERCHANDISE.—The term ‘covered merchan-
dise’ means merchandise that is subject to— 
‘‘(A) an antidumping duty order issued under section 
736; or 
‘‘(B) a countervailing duty order issued under section 
706. 
‘‘(4) ENTER; ENTRY.—The terms ‘enter’ and ‘entry’ refer 
to the entry, or withdrawal from warehouse for consumption, 
of merchandise into the customs territory of the United States. 
‘‘(5) EVASION.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the term ‘evasion’ refers to entering covered merchan-
dise into the customs territory of the United States by 
means of any document or electronically transmitted data 
or information, written or oral statement, or act that is 
material and false, or any omission that is material, and 
that results in any cash deposit or other security or any 
amount of applicable antidumping or countervailing duties 
being reduced or not being applied with respect to the 
merchandise. 
‘‘(B) EXCEPTION FOR CLERICAL ERROR.— 
‘‘(i) IN
GENERAL.—Except as provided in clause 
(ii), the term ‘evasion’ does not include entering covered 
merchandise into the customs territory of the United 
States by means of— 
‘‘(I) a document or electronically transmitted 
data or information, written or oral statement,
H. R. 644—41 
or act that is false as a result of a clerical error; 
or 
‘‘(II) an omission that results from a clerical 
error. 
‘‘(ii) PATTERNS
OF
NEGLIGENT
CONDUCT.—If the 
Commissioner determines that a person has entered 
covered merchandise into the customs territory of the 
United States by means of a clerical error referred 
to in subclause (I) or (II) of clause (i) and that the 
clerical error is part of a pattern of negligent conduct 
on the part of that person, the Commissioner may 
determine, notwithstanding clause (i), that the person 
has entered such covered merchandise into the customs 
territory of the United States through evasion. 
‘‘(iii) ELECTRONIC REPETITION OF ERRORS.—For pur-
poses of clause (ii), the mere nonintentional repetition 
by an electronic system of an initial clerical error does 
not constitute a pattern of negligent conduct. 
‘‘(iv) RULE OF CONSTRUCTION.—A determination by 
the Commissioner that a person has entered covered 
merchandise into the customs territory of the United 
States by means of a clerical error referred to in sub-
clause (I) or (II) of clause (i) rather than through 
evasion shall not be construed to excuse that person 
from the payment of any duties applicable to the mer-
chandise. 
‘‘(6) INTERESTED PARTY.— 
‘‘(A) IN GENERAL.—The term ‘interested party’ means— 
‘‘(i) a foreign manufacturer, producer, or exporter, 
or the United States importer, of covered merchandise 
or a trade or business association a majority of the 
members of which are producers, exporters, or 
importers of such merchandise; 
‘‘(ii) a manufacturer, producer, or wholesaler in 
the United States of a domestic like product; 
‘‘(iii) a certified union or recognized union or group 
of workers that is representative of an industry 
engaged in the manufacture, production, or wholesale 
in the United States of a domestic like product; 
‘‘(iv) a trade or business association a majority 
of the members of which manufacture, produce, or 
wholesale a domestic like product in the United States; 
‘‘(v) an association a majority of the members of 
which is composed of interested parties described in 
clause (ii), (iii), or (iv) with respect to a domestic like 
product; and 
‘‘(vi) if the covered merchandise is a processed 
agricultural product, as defined in section 771(4)(E), 
a coalition or trade association that is representative 
of either— 
‘‘(I) processors; 
‘‘(II) processors and producers; or 
‘‘(III) processors and growers. 
‘‘(B) DOMESTIC
LIKE
PRODUCT.—For purposes of 
subparagraph (A), the term ‘domestic like product’ means 
a product that is like, or in the absence of like, most
H. R. 644—42 
similar in characteristics and uses with, covered merchan-
dise. 
‘‘(b) INVESTIGATIONS.— 
‘‘(1) IN GENERAL.—Not later than 15 business days after 
receiving an allegation described in paragraph (2) or a referral 
described in paragraph (3), the Commissioner shall initiate 
an investigation if the Commissioner determines that the 
information provided in the allegation or the referral, as the 
case may be, reasonably suggests that covered merchandise 
has been entered into the customs territory of the United 
States through evasion. 
‘‘(2) ALLEGATION DESCRIBED.—An allegation described in 
this paragraph is an allegation that a person has entered 
covered merchandise into the customs territory of the United 
States through evasion that is— 
‘‘(A) filed with the Commissioner by an interested 
party; and 
‘‘(B) accompanied by information reasonably available 
to the party that filed the allegation. 
‘‘(3) REFERRAL
DESCRIBED.—A referral described in this 
paragraph is information submitted to the Commissioner by 
any other Federal agency, including the Department of Com-
merce or the United States International Trade Commission, 
that reasonably suggests that a person has entered covered 
merchandise into the customs territory of the United States 
through evasion. 
‘‘(4) CONSIDERATION BY ADMINISTERING AUTHORITY.— 
‘‘(A) IN
GENERAL.—If the Commissioner receives an 
allegation under paragraph (2) and is unable to determine 
whether the merchandise at issue is covered merchandise, 
the Commissioner shall— 
‘‘(i) refer the matter to the administering authority 
to determine whether the merchandise is covered mer-
chandise pursuant to the authority of the admin-
istering authority under title VII; and 
‘‘(ii) notify the party that filed the allegation, and 
any other interested party participating in the inves-
tigation, of the referral. 
‘‘(B) 
DETERMINATION; 
TRANSMISSION
TO
COMMIS-
SIONER.—After receiving a referral under subparagraph 
(A)(i) with respect to merchandise, the administering 
authority shall determine whether the merchandise is cov-
ered merchandise and promptly transmit that determina-
tion to the Commissioner. 
‘‘(C) STAY OF DEADLINES.—The period required for any 
referral and determination under this paragraph shall not 
be counted in calculating any deadline under this section. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing in this para-
graph shall be construed to affect the authority of an 
interested party to commence an action in the United 
States 
Court 
of 
International 
Trade 
under 
section 
516A(a)(2) with respect to a determination of the admin-
istering authority under this paragraph. 
‘‘(5) CONSOLIDATION OF ALLEGATIONS AND REFERRALS.— 
‘‘(A) IN GENERAL.—The Commissioner may consolidate 
multiple allegations described in paragraph (2) and refer-
rals described in paragraph (3) into a single investigation
H. R. 644—43 
if the Commissioner determines it is appropriate to do 
so. 
‘‘(B) 
EFFECT
ON
TIMING
REQUIREMENTS.—If 
the 
Commissioner consolidates multiple allegations or referrals 
into a single investigation under subparagraph (A), the 
date on which the Commissioner receives the first such 
allegation or referral shall be used for purposes of the 
requirement under paragraph (1) with respect to the timing 
of the initiation of the investigation. 
‘‘(6) INFORMATION-SHARING
TO
PROTECT
HEALTH
AND 
SAFETY.—If, during the course of conducting an investigation 
under paragraph (1) with respect to covered merchandise, the 
Commissioner has reason to suspect that such covered merchan-
dise may pose a health or safety risk to consumers, the Commis-
sioner shall provide, as appropriate, information to the appro-
priate Federal agencies for purposes of mitigating the risk. 
‘‘(7) TECHNICAL ASSISTANCE AND ADVICE.— 
‘‘(A) IN
GENERAL.—Upon request, the Commissioner 
shall provide technical assistance and advice to eligible 
small businesses to enable such businesses to prepare and 
submit allegations described in paragraph (2), except that 
the Commissioner may deny technical assistance if the 
Commissioner concludes that the allegation, if submitted, 
would not lead to the initiation of an investigation under 
this subsection or any other action to address the allega-
tion. 
‘‘(B) ELIGIBLE SMALL BUSINESS DEFINED.— 
‘‘(i) IN
GENERAL.—In this paragraph, the term 
‘eligible small business’ means any business concern 
that the Commissioner determines, due to its small 
size, has neither adequate internal resources nor the 
financial ability to obtain qualified outside assistance 
in preparing and filing allegations described in para-
graph (2). 
‘‘(ii) NON-REVIEWABILITY.—The determination of 
the Commissioner regarding whether a business con-
cern is an eligible small business for purposes of this 
paragraph is not reviewable by any other agency or 
by any court. 
‘‘(c) DETERMINATIONS.— 
‘‘(1) DETERMINATION OF EVASION.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), not later than 300 calendar days after the date on 
which the Commissioner initiates an investigation under 
subsection (b) with respect to covered merchandise, the 
Commissioner shall make a determination, based on 
substantial evidence, with respect to whether such covered 
merchandise was entered into the customs territory of the 
United States through evasion. 
‘‘(B) ADDITIONAL TIME.—The Commissioner may extend 
the time to make a determination under subparagraph 
(A) by not more than 60 calendar days if the Commissioner 
determines that— 
‘‘(i) the investigation is extraordinarily complicated 
because of— 
‘‘(I) the number and complexity of the trans-
actions to be investigated;
H. R. 644—44 
‘‘(II) the novelty of the issues presented; or 
‘‘(III) the number of entities to be investigated; 
and 
‘‘(ii) additional time is necessary to make the deter-
mination under subparagraph (A). 
‘‘(2) AUTHORITY
TO
COLLECT
AND
VERIFY
ADDITIONAL 
INFORMATION.—In making a determination under paragraph 
(1) with respect to covered merchandise, the Commissioner 
may collect such additional information as is necessary to make 
the determination through such methods as the Commissioner 
considers appropriate, including by— 
‘‘(A) issuing a questionnaire with respect to such cov-
ered merchandise to— 
‘‘(i) an interested party that filed an allegation 
under paragraph (2) of subsection (b) that resulted 
in the initiation of an investigation under paragraph 
(1) of that subsection with respect to such covered 
merchandise; 
‘‘(ii) a person alleged to have entered such covered 
merchandise into the customs territory of the United 
States through evasion; 
‘‘(iii) a person that is a foreign producer or exporter 
of such covered merchandise; or 
‘‘(iv) the government of a country from which such 
covered merchandise was exported; and 
‘‘(B) 
conducting 
verifications, 
including 
on-site 
verifications, of any relevant information. 
‘‘(3) ADVERSE INFERENCE.— 
‘‘(A) IN GENERAL.—If the Commissioner finds that a 
party or person described in clause (i), (ii), or (iii) of para-
graph (2)(A) has failed to cooperate by not acting to the 
best of the party or person’s ability to comply with a 
request for information, the Commissioner may, in making 
a determination under paragraph (1), use an inference 
that is adverse to the interests of that party or person 
in selecting from among the facts otherwise available to 
make the determination. 
‘‘(B) APPLICATION.—An inference described in subpara-
graph (A) may be used under that subparagraph with 
respect to a person described in clause (ii) or (iii) of para-
graph (2)(A) without regard to whether another person 
involved in the same transaction or transactions under 
examination has provided the information sought by the 
Commissioner, such as import or export documentation. 
‘‘(C) ADVERSE
INFERENCE
DESCRIBED.—An adverse 
inference used under subparagraph (A) may include reli-
ance on information derived from— 
‘‘(i) the allegation of evasion of the trade remedy 
laws, if any, submitted to U.S. Customs and Border 
Protection; 
‘‘(ii) a determination by the Commissioner in 
another investigation, proceeding, or other action 
regarding evasion of the unfair trade laws; or 
‘‘(iii) any other available information. 
‘‘(4) NOTIFICATION.—Not later than 5 business days after 
making a determination under paragraph (1) with respect to 
covered merchandise, the Commissioner—
H. R. 644—45 
‘‘(A) shall provide to each interested party that filed 
an allegation under paragraph (2) of subsection (b) that 
resulted in the initiation of an investigation under para-
graph (1) of that subsection with respect to such covered 
merchandise a notification of the determination and may, 
in addition, include an explanation of the basis for the 
determination; and 
‘‘(B) may provide to importers, in such manner as 
the Commissioner determines appropriate, information 
discovered in the investigation that the Commissioner 
determines will help educate importers with respect to 
importing merchandise into the customs territory of the 
United States in accordance with all applicable laws and 
regulations. 
‘‘(d) EFFECT OF DETERMINATIONS.— 
‘‘(1) IN GENERAL.—If the Commissioner makes a determina-
tion under subsection (c) that covered merchandise was entered 
into the customs territory of the United States through evasion, 
the Commissioner shall— 
‘‘(A)(i) suspend the liquidation of unliquidated entries 
of such covered merchandise that are subject to the deter-
mination and that enter on or after the date of the initiation 
of the investigation under subsection (b) with respect to 
such covered merchandise and on or before the date of 
the determination; or 
‘‘(ii) if the Commissioner has already suspended the 
liquidation of such entries pursuant to subsection (e)(1), 
continue to suspend the liquidation of such entries; 
‘‘(B) pursuant to the Commissioner’s authority under 
section 504(b)— 
‘‘(i) extend the period for liquidating unliquidated 
entries of such covered merchandise that are subject 
to the determination and that entered before the date 
of the initiation of the investigation; or 
‘‘(ii) if the Commissioner has already extended the 
period for liquidating such entries pursuant to sub-
section (e)(1), continue to extend the period for liqui-
dating such entries; 
‘‘(C) notify the administering authority of the deter-
mination and request that the administering authority— 
‘‘(i) identify the applicable antidumping or counter-
vailing duty assessment rates for entries described in 
subparagraphs (A) and (B); or 
‘‘(ii) if no such assessment rate for such an entry 
is available at the time, identify the applicable cash 
deposit rate to be applied to the entry, with the 
applicable antidumping or countervailing duty assess-
ment rate to be provided as soon as that rate becomes 
available; 
‘‘(D) require the posting of cash deposits and assess 
duties on entries described in subparagraphs (A) and (B) 
in accordance with the instructions received from the 
administering authority under paragraph (2); and 
‘‘(E) take such additional enforcement measures as the 
Commissioner determines appropriate, such as— 
‘‘(i) initiating proceedings under section 592 or 596;
H. R. 644—46 
‘‘(ii) implementing, in consultation with the rel-
evant Federal agencies, rule sets or modifications to 
rule sets for identifying, particularly through the Auto-
mated Targeting System and the Automated Commer-
cial Environment authorized under section 13031(f)(4) 
of the Consolidated Omnibus Budget Reconciliation Act 
of 1985 (19 U.S.C. 58c(f)(4)), importers, other parties, 
and merchandise that may be associated with evasion; 
‘‘(iii) requiring, with respect to merchandise for 
which the importer has repeatedly provided incomplete 
or erroneous entry summary information in connection 
with determinations of evasion, the importer to deposit 
estimated duties at the time of entry; and 
‘‘(iv) referring the record in whole or in part to 
U.S. Immigration and Customs Enforcement for civil 
or criminal investigation. 
‘‘(2) COOPERATION OF ADMINISTERING AUTHORITY.— 
‘‘(A) IN GENERAL.—Upon receiving a notification from 
the Commissioner under paragraph (1)(C), the admin-
istering authority shall promptly provide to the Commis-
sioner the applicable cash deposit rates and antidumping 
or countervailing duty assessment rates and any necessary 
liquidation instructions. 
‘‘(B) SPECIAL RULE FOR CASES IN WHICH THE PRODUCER 
OR EXPORTER IS UNKNOWN.—If the Commissioner and the 
administering authority are unable to determine the pro-
ducer or exporter of the merchandise with respect to which 
a notification is made under paragraph (1)(C), the admin-
istering authority shall identify, as the applicable cash 
deposit rate or antidumping or countervailing duty assess-
ment rate, the cash deposit or duty (as the case may 
be) in the highest amount applicable to any producer or 
exporter, including the ‘all-others’ rate of the merchandise 
subject to an antidumping order or countervailing duty 
order under section 736 or 706, respectively, or a finding 
issued under the Antidumping Act, 1921, or any adminis-
trative review conducted under section 751. 
‘‘(e) INTERIM MEASURES.—Not later than 90 calendar days after 
initiating an investigation under subsection (b) with respect to 
covered merchandise, the Commissioner shall decide based on the 
investigation if there is a reasonable suspicion that such covered 
merchandise was entered into the customs territory of the United 
States through evasion and, if the Commissioner decides there 
is such a reasonable suspicion, the Commissioner shall— 
‘‘(1) suspend the liquidation of each unliquidated entry 
of such covered merchandise that entered on or after the date 
of the initiation of the investigation; 
‘‘(2) pursuant to the Commissioner’s authority under section 
504(b), extend the period for liquidating each unliquidated entry 
of such covered merchandise that entered before the date of 
the initiation of the investigation; and 
‘‘(3) pursuant to the Commissioner’s authority under section 
623, take such additional measures as the Commissioner deter-
mines necessary to protect the revenue of the United States, 
including requiring a single transaction bond or additional secu-
rity or the posting of a cash deposit with respect to such 
covered merchandise.
H. R. 644—47 
‘‘(f) ADMINISTRATIVE REVIEW.— 
‘‘(1) IN GENERAL.—Not later than 30 business days after 
the Commissioner makes a determination under subsection 
(c) with respect to whether covered merchandise was entered 
into the customs territory of the United States through evasion, 
a person determined to have entered such covered merchandise 
through evasion or an interested party that filed an allegation 
under paragraph (2) of subsection (b) that resulted in the 
initiation of an investigation under paragraph (1) of that sub-
section with respect to such covered merchandise may file an 
appeal with the Commissioner for de novo review of the deter-
mination. 
‘‘(2) TIMELINE FOR REVIEW.—Not later than 60 business 
days after an appeal of a determination is filed under paragraph 
(1), the Commissioner shall complete the review of the deter-
mination. 
‘‘(g) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Not later than 30 business days after 
the Commissioner completes a review under subsection (f) of 
a determination under subsection (c) with respect to whether 
covered merchandise was entered into the customs territory 
of the United States through evasion, a person determined 
to have entered such covered merchandise through evasion 
or an interested party that filed an allegation under paragraph 
(2) of subsection (b) that resulted in the initiation of an inves-
tigation under paragraph (1) of that subsection with respect 
to such covered merchandise may seek judicial review of the 
determination under subsection (c) and the review under sub-
section (f) in the United States Court of International Trade 
to determine whether the determination and review is con-
ducted in accordance with subsections (c) and (f). 
‘‘(2) STANDARD
OF
REVIEW.—In determining whether a 
determination under subsection (c) or review under subsection 
(f) is conducted in accordance with those subsections, the United 
States Court of International Trade shall examine— 
‘‘(A) whether the Commissioner fully complied with 
all procedures under subsections (c) and (f); and 
‘‘(B) whether any determination, finding, or conclusion 
is arbitrary, capricious, an abuse of discretion, or otherwise 
not in accordance with law. 
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall affect the availability of judicial review to an interested 
party under any other provision of law. 
‘‘(h) RULE OF CONSTRUCTION WITH RESPECT TO OTHER CIVIL 
AND CRIMINAL PROCEEDINGS AND INVESTIGATIONS.—No determina-
tion under subsection (c), review under subsection (f), or action 
taken by the Commissioner pursuant to this section shall preclude 
any individual or entity from proceeding, or otherwise affect or 
limit the authority of any individual or entity to proceed, with 
any civil, criminal, or administrative investigation or proceeding 
pursuant to any other provision of Federal or State law, including 
sections 592 and 596.’’. 
(b) CONFORMING AMENDMENT.—Section 1581(c) of title 28, 
United States Code, is amended by inserting ‘‘or 517’’ after ‘‘516A’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date that is 180 days after the date of 
the enactment of this Act.
H. R. 644—48 
(d) REGULATIONS.—Not later than the date that is 180 days 
after the date of the enactment of this Act, the Secretary shall 
prescribe such regulations as may be necessary to implement the 
amendments made by this section. 
Subtitle C—Other Matters 
SEC. 431. ALLOCATION AND TRAINING OF PERSONNEL. 
The Commissioner shall, to the maximum extent possible, 
ensure that U.S. Customs and Border Protection— 
(1) employs sufficient personnel who have expertise in, 
and responsibility for, preventing and investigating the entry 
of covered merchandise into the customs territory of the United 
States through evasion; 
(2) on the basis of risk assessment metrics, assigns suffi-
cient personnel with primary responsibility for preventing the 
entry of covered merchandise into the customs territory of 
the United States through evasion to the ports of entry in 
the United States at which the Commissioner determines poten-
tial evasion presents the most substantial threats to the rev-
enue of the United States; and 
(3) provides adequate training to relevant personnel to 
increase expertise and effectiveness in the prevention and 
identification of entries of covered merchandise into the customs 
territory of the United States through evasion. 
SEC. 432. ANNUAL REPORT ON PREVENTION AND INVESTIGATION OF 
EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY 
ORDERS. 
(a) IN GENERAL.—Not later than January 15 of each calendar 
year that begins on or after the date that is 270 days after the 
date of the enactment of this Act, the Commissioner, in consultation 
with the Secretary of Commerce and the Director of U.S. Immigra-
tion and Customs Enforcement, shall submit to the Committee 
on Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives a report on the efforts being taken 
to prevent and investigate the entry of covered merchandise into 
the customs territory of the United States through evasion. 
(b) CONTENTS.—Each report required under subsection (a) shall 
include— 
(1) for the calendar year preceding the submission of the 
report— 
(A) a summary of the efforts of U.S. Customs and 
Border Protection to prevent and investigate the entry 
of covered merchandise into the customs territory of the 
United States through evasion; 
(B) the number of allegations of evasion received, 
including allegations received under subsection (b) of sec-
tion 517 of the Tariff Act of 1930, as added by section 
421 of this Act, and the number of such allegations 
resulting in investigations by U.S. Customs and Border 
Protection or any other Federal agency; 
(C) a summary of investigations initiated, including 
investigations initiated under subsection (b) of such section 
517, including—
H. R. 644—49 
(i) the number and nature of the investigations 
initiated, conducted, or completed; and 
(ii) the resolution of each completed investigation; 
(D) the amount of additional duties that were deter-
mined to be owed as a result of such investigations, the 
amount of such duties that were collected, and, for any 
such duties not collected, a description of the reasons those 
duties were not collected; 
(E) with respect to each such investigation that led 
to the imposition of a penalty, the amount of the penalty; 
(F) an identification of the countries of origin of covered 
merchandise determined under subsection (c) of such sec-
tion 517 to be entered into the customs territory of the 
United States through evasion; 
(G) the amount of antidumping and countervailing 
duties collected as a result of any investigations or other 
actions by U.S. Customs and Border Protection or any 
other Federal agency; 
(H) a description of the allocation of personnel and 
other resources of U.S. Customs and Border Protection 
and U.S. Immigration and Customs Enforcement to prevent 
and investigate evasion, including any assessments con-
ducted regarding the allocation of such personnel and 
resources; and 
(I) a description of training conducted to increase 
expertise and effectiveness in the prevention and investiga-
tion of evasion; and 
(2) a description of processes and procedures of U.S. Cus-
toms and Border Protection to prevent and investigate evasion, 
including— 
(A) the specific guidelines, policies, and practices used 
by U.S. Customs and Border Protection to ensure that 
allegations of evasion are promptly evaluated and acted 
upon in a timely manner; 
(B) an evaluation of the efficacy of those guidelines, 
policies, and practices; 
(C) an identification of any changes since the last 
report required by this section, if any, that have materially 
improved or reduced the effectiveness of U.S. Customs and 
Border Protection in preventing and investigating evasion; 
(D) a description of the development and implementa-
tion of policies for the application of single entry and contin-
uous bonds for entries of covered merchandise to suffi-
ciently protect the collection of antidumping and counter-
vailing duties commensurate with the level of risk of not 
collecting those duties; 
(E) a description of the processes and procedures for 
increased cooperation and information sharing with the 
Department of Commerce, U.S. Immigration and Customs 
Enforcement, and any other relevant Federal agencies to 
prevent and investigate evasion; and 
(F) an identification of any recommended policy 
changes for other Federal agencies or legislative changes 
to improve the effectiveness of U.S. Customs and Border 
Protection in preventing and investigating evasion.
H. R. 644—50 
(c) PUBLIC SUMMARY.—The Commissioner shall make available 
to the public a summary of the report required by subsection 
(a) that includes, at a minimum— 
(1) a description of the type of merchandise with respect 
to which investigations were initiated under subsection (b) of 
section 517 of the Tariff Act of 1930, as added by section 
421 of this Act; 
(2) the amount of additional duties determined to be owed 
as a result of such investigations and the amount of such 
duties that were collected; 
(3) an identification of the countries of origin of covered 
merchandise determined under subsection (c) of such section 
517 to be entered into the customs territory of the United 
States through evasion; and 
(4) a description of the types of measures used by U.S. 
Customs and Border Protection to prevent and investigate eva-
sion. 
SEC. 433. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS. 
Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 
1675(a)(2)(B)) is amended— 
(1) by striking clause (iii); 
(2) by redesignating clause (iv) as clause (iii); and 
(3) by inserting after clause (iii), as redesignated by para-
graph (2) of this section, the following: 
‘‘(iv) DETERMINATIONS
BASED
ON
BONA
FIDE 
SALES.—Any weighted average dumping margin or 
individual countervailing duty rate determined for an 
exporter or producer in a review conducted under 
clause (i) shall be based solely on the bona fide United 
States sales of an exporter or producer, as the case 
may be, made during the period covered by the review. 
In determining whether the United States sales of 
an exporter or producer made during the period covered 
by the review were bona fide, the administering 
authority shall consider, depending on the cir-
cumstances surrounding such sales— 
‘‘(I) the prices of such sales; 
‘‘(II) whether such sales were made in commer-
cial quantities; 
‘‘(III) the timing of such sales; 
‘‘(IV) the expenses arising from such sales; 
‘‘(V) whether the subject merchandise involved 
in such sales was resold in the United States at 
a profit; 
‘‘(VI) whether such sales were made on an 
arms-length basis; and 
‘‘(VII) any other factor the administering 
authority determines to be relevant as to whether 
such sales are, or are not, likely to be typical 
of those the exporter or producer will make after 
completion of the review.’’.
H. R. 644—51 
TITLE 
V—SMALL 
BUSINESS 
TRADE 
ISSUES AND STATE TRADE COORDI-
NATION 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Small Business Trade Enhance-
ment Act of 2015’’ or the ‘‘State Trade Coordination Act’’. 
SEC. 502. OUTREACH AND INPUT FROM SMALL BUSINESSES TO TRADE 
PROMOTION AUTHORITY. 
Section 203 of Public Law 94–305 (15 U.S.C. 634c) is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘The 
Office of Advocacy’’ and inserting the following: 
‘‘(a) IN GENERAL.—The Office of Advocacy’’; and 
(2) by adding at the end the following: 
‘‘(b) OUTREACH AND INPUT FROM SMALL BUSINESSES ON TRADE 
PROMOTION AUTHORITY.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘agency’ has the meaning given the term 
in section 551 of title 5, United States Code; 
‘‘(B) the term ‘Chief Counsel for Advocacy’ means the 
Chief Counsel for Advocacy of the Small Business Adminis-
tration; 
‘‘(C) the term ‘covered trade agreement’ means a trade 
agreement being negotiated pursuant to section 103(b) of 
the Bipartisan Congressional Trade Priorities and Account-
ability Act of 2015 (Public Law 114–26; 19 U.S.C. 4202(b)); 
and 
‘‘(D) the term ‘Working Group’ means the Interagency 
Working Group convened under paragraph (2)(A). 
‘‘(2) WORKING GROUP.— 
‘‘(A) IN GENERAL.—Not later than 30 days after the 
date on which the President submits the notification 
required under section 105(a) of the Bipartisan Congres-
sional Trade Priorities and Accountability Act of 2015 
(Public Law 114–26; 19 U.S.C. 4204(a)), the Chief Counsel 
for Advocacy shall convene an Interagency Working Group, 
which shall consist of an employee from each of the fol-
lowing agencies, as selected by the head of the agency 
or an official delegated by the head of the agency: 
‘‘(i) The Office of the United States Trade Rep-
resentative. 
‘‘(ii) The Department of Commerce. 
‘‘(iii) The Department of Agriculture. 
‘‘(iv) Any other agency that the Chief Counsel for 
Advocacy, in consultation with the United States Trade 
Representative, determines to be relevant with respect 
to the subject of the covered trade agreement. 
‘‘(B) VIEWS OF SMALL BUSINESSES.—Not later than 30 
days after the date on which the Chief Counsel for Advocacy 
convenes the Working Group under subparagraph (A), the 
Chief Counsel for Advocacy shall identify a diverse group 
of small businesses, representatives of small businesses, 
or a combination thereof, to provide to the Working Group
H. R. 644—52 
the views of small businesses in the manufacturing, serv-
ices, and agriculture industries on the potential economic 
effects of the covered trade agreement. 
‘‘(3) REPORT.— 
‘‘(A) IN GENERAL.—Not later than 180 days after the 
date on which the Chief Counsel for Advocacy convenes 
the Working Group under paragraph (2)(A), the Chief 
Counsel for Advocacy shall submit to the Committee on 
Small Business and Entrepreneurship and the Committee 
on Finance of the Senate and the Committee on Small 
Business and the Committee on Ways and Means of the 
House of Representatives a report on the economic impacts 
of the covered trade agreement on small businesses, which 
shall— 
‘‘(i) 
identify 
the 
most 
important 
priorities, 
opportunities, and challenges to various industries 
from the covered trade agreement; 
‘‘(ii) assess the impact for new small businesses 
to start exporting, or increase their exports, to markets 
in countries that are parties to the covered trade agree-
ment; 
‘‘(iii) analyze the competitive position of industries 
likely to be significantly affected by the covered trade 
agreement; 
‘‘(iv) identify— 
‘‘(I) any State-owned enterprises in each 
country participating in negotiations for the cov-
ered trade agreement that could pose a threat 
to small businesses; and 
‘‘(II) any steps to take to create a level playing 
field for those small businesses; 
‘‘(v) identify any rule of an agency that should 
be modified to become compliant with the covered trade 
agreement; and 
‘‘(vi) include an overview of the methodology used 
to develop the report, including the number of small 
business participants by industry, how those small 
businesses were selected, and any other factors that 
the Chief Counsel for Advocacy may determine appro-
priate. 
‘‘(B) DELAYED SUBMISSION.—To ensure that negotia-
tions for the covered trade agreement are not disrupted, 
the President may require that the Chief Counsel for 
Advocacy delay submission of the report under subpara-
graph (A) until after the negotiations for the covered trade 
agreement are concluded, provided that the delay allows 
the Chief Counsel for Advocacy to submit the report to 
Congress not later than 45 days before the Senate or the 
House of Representatives acts to approve or disapprove 
the covered trade agreement. 
‘‘(C) AVOIDANCE OF DUPLICATION.—The Chief Counsel 
for Advocacy shall, to the extent practicable, coordinate 
the submission of the report under this paragraph with 
the United States International Trade Commission, the 
United States Trade Representative, other agencies, and 
trade advisory committees to avoid unnecessary duplication 
of reporting requirements.’’.
H. R. 644—53 
SEC. 503. STATE TRADE EXPANSION PROGRAM. 
Section 22 of the Small Business Act (15 U.S.C. 649) is 
amended— 
(1) by redesignating subsection (l) as subsection (m); and 
(2) by inserting after subsection (k) the following: 
‘‘(l) STATE TRADE EXPANSION PROGRAM.— 
‘‘(1) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘eligible small business concern’ means 
a business concern that— 
‘‘(i) is organized or incorporated in the United 
States; 
‘‘(ii) is operating in the United States; 
‘‘(iii) meets— 
‘‘(I) the applicable industry-based small busi-
ness size standard established under section 3; 
or 
‘‘(II) the alternate size standard applicable to 
the program under section 7(a) of this Act and 
the loan programs under title V of the Small Busi-
ness Investment Act of 1958 (15 U.S.C. 695 et 
seq.); 
‘‘(iv) has been in business for not less than 1 
year, as of the date on which assistance using a grant 
under this subsection commences; and 
‘‘(v) has access to sufficient resources to bear the 
costs associated with trade, including the costs of 
packing, shipping, freight forwarding, and customs bro-
kers; 
‘‘(B) the term ‘program’ means the State Trade Expan-
sion Program established under paragraph (2); 
‘‘(C) the term ‘rural small business concern’ means 
an eligible small business concern located in a rural area, 
as that term is defined in section 1393(a)(2) of the Internal 
Revenue Code of 1986; 
‘‘(D) the term ‘socially and economically disadvantaged 
small business concern’ has the meaning given that term 
in section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 
637(a)(4)(A)); and 
‘‘(E) the term ‘State’ means each of the several States, 
the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, the Commonwealth of the 
Northern Mariana Islands, and American Samoa. 
‘‘(2) ESTABLISHMENT OF PROGRAM.—The Associate Adminis-
trator shall establish a trade expansion program, to be known 
as the ‘State Trade Expansion Program’, to make grants to 
States to carry out programs that assist eligible small business 
concerns in— 
‘‘(A) participation in foreign trade missions; 
‘‘(B) a subscription to services provided by the Depart-
ment of Commerce; 
‘‘(C) the payment of website fees; 
‘‘(D) the design of marketing media; 
‘‘(E) a trade show exhibition; 
‘‘(F) participation in training workshops; 
‘‘(G) a reverse trade mission;
H. R. 644—54 
‘‘(H) procurement of consultancy services (after con-
sultation with the Department of Commerce to avoid 
duplication); or 
‘‘(I) any other initiative determined appropriate by the 
Associate Administrator. 
‘‘(3) GRANTS.— 
‘‘(A) JOINT REVIEW.—In carrying out the program, the 
Associate Administrator may make a grant to a State to 
increase the number of eligible small business concerns 
in the State exploring significant new trade opportunities. 
‘‘(B) CONSIDERATIONS.—In making grants under this 
subsection, the Associate Administrator may give priority 
to an application by a State that proposes a program that— 
‘‘(i) focuses on eligible small business concerns as 
part of a trade expansion program; 
‘‘(ii) demonstrates intent to promote trade expan-
sion by— 
‘‘(I) socially and economically disadvantaged 
small business concerns; 
‘‘(II) small business concerns owned or con-
trolled by women; and 
‘‘(III) rural small business concerns; 
‘‘(iii) promotes trade facilitation from a State that 
is not 1 of the 10 States with the highest percentage 
of eligible small business concerns that are engaged 
in international trade, based upon the most recent 
data from the Department of Commerce; and 
‘‘(iv) includes— 
‘‘(I) activities which have resulted in the 
highest return on investment based on the most 
recent year; and 
‘‘(II) the adoption of shared best practices 
included in the annual report of the Administra-
tion. 
‘‘(C) LIMITATIONS.— 
‘‘(i) SINGLE APPLICATION.—A State may not submit 
more than 1 application for a grant under the program 
in any 1 fiscal year. 
‘‘(ii) PROPORTION
OF
AMOUNTS.—The total value 
of grants made under the program during a fiscal 
year to the 10 States with the highest percentage 
of eligible small business concerns, based upon the 
most recent data available from the Department of 
Commerce, shall be not more than 40 percent of the 
amounts appropriated for the program for that fiscal 
year. 
‘‘(iii) DURATION.—The Associate Administrator 
shall award a grant under this program for a period 
of not more than 2 years. 
‘‘(D) APPLICATION.— 
‘‘(i) IN GENERAL.—A State desiring a grant under 
the program shall submit an application at such time, 
in such manner, and accompanied by such information 
as the Associate Administrator may establish. 
‘‘(ii) CONSULTATION TO REDUCE DUPLICATION.—A 
State desiring a grant under the program shall—
H. R. 644—55 
‘‘(I) before submitting an application under 
clause (i), consult with applicable trade agencies 
of the Federal Government on the scope and mis-
sion of the activities the State proposes to carry 
out using the grant, to ensure proper coordination 
and reduce duplication in services; and 
‘‘(II) document the consultation conducted 
under subclause (I) in the application submitted 
under clause (i). 
‘‘(4) COMPETITIVE
BASIS.—The Associate Administrator 
shall award grants under the program on a competitive basis. 
‘‘(5) FEDERAL SHARE.—The Federal share of the cost of 
a trade expansion program carried out using a grant under 
the program shall be— 
‘‘(A) for a State that has a high trade volume, as 
determined by the Associate Administrator, not more than 
65 percent; and 
‘‘(B) for a State that does not have a high trade volume, 
as determined by the Associate Administrator, not more 
than 75 percent. 
‘‘(6) NON-FEDERAL SHARE.—The non-Federal share of the 
cost of a trade expansion program carried out using a grant 
under the program shall be comprised of not less than 50 
percent cash and not more than 50 percent of indirect costs 
and in-kind contributions, except that no such costs or contribu-
tions may be derived from funds from any other Federal pro-
gram. 
‘‘(7) REPORTS.— 
‘‘(A) INITIAL REPORT.—Not later than 120 days after 
the date of enactment of this subsection, the Associate 
Administrator shall submit to the Committee on Small 
Business and Entrepreneurship of the Senate and the Com-
mittee on Small Business of the House of Representatives 
a report, which shall include— 
‘‘(i) a description of the structure of and procedures 
for the program; 
‘‘(ii) a management plan for the program; and 
‘‘(iii) a description of the merit-based review 
process to be used in the program. 
‘‘(B) ANNUAL REPORTS.— 
‘‘(i) IN
GENERAL.—The Associate Administrator 
shall publish on the website of the Administration 
an annual report regarding the program, which shall 
include— 
‘‘(I) the number and amount of grants made 
under the program during the preceding year; 
‘‘(II) a list of the States receiving a grant under 
the program during the preceding year, including 
the activities being performed with each grant; 
‘‘(III) the effect of each grant on the eligible 
small business concerns in the State receiving the 
grant; 
‘‘(IV) the total return on investment for each 
State; and 
‘‘(V) a description of best practices by States 
that showed high returns on investment and
H. R. 644—56 
significant progress in helping more eligible small 
business concerns. 
‘‘(ii) NOTICE TO CONGRESS.—On the date on which 
the Associate Administrator publishes a report under 
clause (i), the Associate Administrator shall notify the 
Committee on Small Business and Entrepreneurship 
of the Senate and the Committee on Small Business 
of the House of Representatives that the report has 
been published. 
‘‘(8) REVIEWS BY INSPECTOR GENERAL.— 
‘‘(A) IN
GENERAL.—The Inspector General of the 
Administration shall conduct a review of— 
‘‘(i) the extent to which recipients of grants under 
the program are measuring the performance of the 
activities being conducted and the results of the 
measurements; and 
‘‘(ii) the overall management and effectiveness of 
the program. 
‘‘(B) REPORTS.— 
‘‘(i) PILOT
PROGRAM.—Not later than 6 months 
after the date of enactment of this subsection, the 
Inspector General of the Administration shall submit 
to the Committee on Small Business and Entrepreneur-
ship of the Senate and the Committee on Small Busi-
ness of the House of Representatives a report regarding 
the use of amounts made available under the State 
Trade and Export Promotion Grant Program under 
section 1207 of the Small Business Jobs Act of 2010 
(15 U.S.C. 649b note). 
‘‘(ii) NEW
STEP
PROGRAM.—Not later than 18 
months after the date on which the first grant is 
awarded under this subsection, the Inspector General 
of the Administration shall submit to the Committee 
on Small Business and Entrepreneurship of the Senate 
and the Committee on Small Business of the House 
of Representatives a report regarding the review con-
ducted under subparagraph (A). 
‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated to carry out the program $30,000,000 
for each of fiscal years 2016 through 2020.’’. 
SEC. 504. STATE AND FEDERAL EXPORT PROMOTION COORDINATION. 
(a) STATE
AND FEDERAL EXPORT PROMOTION COORDINATION 
WORKING GROUP.—Subtitle C of the Export Enhancement Act of 
1988 (15 U.S.C. 4721 et seq.) is amended by inserting after section 
2313 the following: 
‘‘SEC. 2313A. STATE AND FEDERAL EXPORT PROMOTION COORDINA-
TION WORKING GROUP. 
‘‘(a) STATEMENT
OF POLICY.—It is the policy of the United 
States to promote exports as an opportunity for small businesses. 
In exercising their powers and functions in order to advance that 
policy, all Federal agencies shall work constructively with State 
and local agencies engaged in export promotion and export financing 
activities. 
‘‘(b) ESTABLISHMENT.—The President shall establish a State 
and Federal Export Promotion Coordination Working Group (in 
this section referred to as the ‘Working Group’) as a subcommittee
H. R. 644—57 
of the Trade Promotion Coordination Committee (in this section 
referred to as the ‘TPCC’). 
‘‘(c) PURPOSES.—The purposes of the Working Group are— 
‘‘(1) to identify issues related to the coordination of Federal 
resources relating to export promotion and export financing 
with such resources provided by State and local governments; 
‘‘(2) to identify ways to improve coordination with respect 
to export promotion and export financing activities through 
the strategic plan developed under section 2312(c); 
‘‘(3) to develop a strategy for improving coordination of 
Federal and State resources relating to export promotion and 
export financing, including methods to eliminate duplication 
of effort and overlapping functions; and 
‘‘(4) to develop a strategic plan for considering and imple-
menting the suggestions of the Working Group as part of the 
strategic plan developed under section 2312(c). 
‘‘(d) MEMBERSHIP.—The Secretary of Commerce shall select the 
members of the Working Group, who shall include— 
‘‘(1) representatives from State trade agencies representing 
regionally diverse areas; and 
‘‘(2) representatives of the departments and agencies that 
are represented on the TPCC, who are designated by the heads 
of their respective departments or agencies to advise the head 
on ways of promoting the exportation of United States goods 
and services.’’. 
(b) REPORT ON IMPROVEMENTS TO EXPORT.GOV AS A SINGLE 
WINDOW FOR EXPORT INFORMATION.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Associate Administrator for Inter-
national Trade of the Small Business Administration shall, 
after consultation with the entities specified in paragraph (2), 
submit to the appropriate congressional committees a report 
that includes the recommendations of the Associate Adminis-
trator for improving the experience provided by the Internet 
website Export.gov (or a successor website) as— 
(A) a comprehensive resource for information about 
exporting articles from the United States; and 
(B) a single website for exporters to submit all informa-
tion required by the Federal Government with respect to 
the exportation of articles from the United States. 
(2) ENTITIES SPECIFIED.—The entities specified in this para-
graph are— 
(A) small business concerns (as defined in section 3 
of the Small Business Act (15 U.S.C. 632)) that are 
exporters; and 
(B) the President’s Export Council, State agencies with 
responsibility for export promotion or export financing, dis-
trict export councils, and trade associations. 
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘‘appropriate congressional commit-
tees’’ means— 
(A) 
the 
Committee 
on 
Small 
Business 
and 
Entrepreneurship and the Committee on Banking, Housing, 
and Urban Affairs of the Senate; and 
(B) the Committee on Small Business and the Com-
mittee on Foreign Affairs of the House of Representatives.
H. R. 644—58 
(c) 
AVAILABILITY
OF
STATE
RESOURCES
GUIDES
ON 
EXPORT.GOV.—The Secretary of Commerce shall make available 
on the Internet website Export.gov (or a successor website) informa-
tion on the resources relating to export promotion and export 
financing available in each State— 
(1) organized by State; and 
(2) including information on State agencies with responsi-
bility for export promotion or export financing and district 
export councils and trade associations located in the State. 
SEC. 505. STATE TRADE COORDINATION. 
(a) MEMBERSHIP OF REPRESENTATIVES OF STATE TRADE PRO-
MOTION AGENCIES
ON TRADE PROMOTION COORDINATING COM-
MITTEE.—Section 2312 of the Export Enhancement Act of 1988 
(15 U.S.C. 4727) is amended— 
(1) in subsection (d)— 
(A) by redesignating paragraph (2) as paragraph (3); 
and 
(B) by inserting after paragraph (1) the following: 
‘‘(2) REPRESENTATIVES FROM STATE TRADE PROMOTION AGEN-
CIES.—The TPCC shall also include 1 or more members 
appointed by the President who are representatives of State 
trade promotion agencies.’’; and 
(2) in subsection (e), in the first sentence, by inserting 
‘‘(other than members described in subsection (d)(2))’’ after 
‘‘Members of the TPCC’’. 
(b) FEDERAL
AND STATE EXPORT PROMOTION COORDINATION 
PLAN.— 
(1) IN
GENERAL.—The Secretary of Commerce, acting 
through the Trade Promotion Coordinating Committee and in 
coordination with representatives of State trade promotion 
agencies, shall develop a comprehensive plan to integrate the 
resources and strategies of State trade promotion agencies into 
the overall Federal trade promotion program. 
(2) MATTERS TO BE INCLUDED.—The plan required under 
paragraph (1) shall include the following: 
(A) A description of the role of State trade promotion 
agencies in assisting exporters. 
(B) An outline of the role of State trade promotion 
agencies and how it is different from Federal agencies 
located within or providing services within the State. 
(C) A plan on how to utilize State trade promotion 
agencies in the Federal trade promotion program. 
(D) An explanation of how Federal and State agencies 
will share information and resources. 
(E) A description of how Federal and State agencies 
will coordinate education and trade events in the United 
States and abroad. 
(F) A description of the efforts to increase efficiency 
and reduce duplication. 
(G) A clear identification of where businesses can 
receive appropriate international trade information under 
the plan. 
(3) DEADLINE.—The plan required under paragraph (1) 
shall be finalized and submitted to Congress not later than 
12 months after the date of the enactment of this Act. 
(c) ANNUAL FEDERAL-STATE EXPORT STRATEGY.—
H. R. 644—59 
(1) IN
GENERAL.—The Secretary of Commerce, acting 
through the head of the United States Foreign and Commercial 
Service, shall develop an annual Federal-State export strategy 
for each State that submits to the Secretary of Commerce 
its export strategy for the upcoming calendar year. In devel-
oping an annual Federal-State export strategy under this para-
graph, the Secretary of Commerce shall take into account the 
Federal and State export promotion coordination plan developed 
under subsection (b). 
(2) MATTERS TO BE INCLUDED.—The Federal-State export 
strategy required under paragraph (1) shall include the fol-
lowing: 
(A) The State’s export strategy and economic goals. 
(B) The State’s key sectors and industries of focus. 
(C) Possible foreign and domestic trade events. 
(D) Efforts to increase efficiencies and reduce duplica-
tion. 
(3) REPORT.—The Federal-State export strategy required 
under paragraph (1) shall be submitted to the Trade Promotion 
Coordinating Committee not later than February 1, 2017, and 
February 1 of each year thereafter. 
(d) COORDINATED METRICS AND INFORMATION SHARING.— 
(1) IN GENERAL.—The Secretary of Commerce, in coordina-
tion with representatives of State trade promotion agencies, 
shall develop a framework to share export success information, 
and develop a coordinated set of reporting metrics. 
(2) REPORT TO CONGRESS.—Not later than one year after 
the date of the enactment of this Act, the Secretary of Com-
merce shall submit to Congress a report that contains the 
framework and reporting metrics required under paragraph 
(1). 
(e) ANNUAL
SURVEY
AND
ANALYSIS
AND
REPORT
UNDER 
NATIONAL EXPORT STRATEGY.—Section 2312 of the Export Enhance-
ment Act of 1988 (15 U.S.C. 4727) is amended— 
(1) in subsection (c)— 
(A) in paragraph (5), by striking ‘‘and’’ at the end; 
(B) in paragraph (6), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(7) in coordination with State trade promotion agencies, 
include a survey and analysis regarding the overall effective-
ness of Federal-State coordination and export promotion goals 
on an annual basis, to further include best practices, rec-
ommendations to better assist small businesses, and other rel-
evant matters.’’; and 
(2) in subsection (f)(1), by inserting ‘‘(including implementa-
tion of the survey and analysis described in paragraph (7) 
of that subsection)’’ after ‘‘the implementation of such plan’’. 
TITLE VI—ADDITIONAL ENFORCEMENT 
PROVISIONS 
SEC. 601. TRADE ENFORCEMENT PRIORITIES. 
(a) IN GENERAL.—Section 310 of the Trade Act of 1974 (19 
U.S.C. 2420) is amended to read as follows:
H. R. 644—60 
‘‘SEC. 310. TRADE ENFORCEMENT PRIORITIES. 
‘‘(a) TRADE ENFORCEMENT PRIORITIES, CONSULTATIONS, AND 
REPORT.— 
‘‘(1) TRADE ENFORCEMENT PRIORITIES CONSULTATIONS.—Not 
later than May 31 of each calendar year that begins after 
the date of the enactment of the Trade Facilitation and Trade 
Enforcement Act of 2015, the United States Trade Representa-
tive (in this section referred to as the ‘Trade Representative’) 
shall consult with the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of Rep-
resentatives with respect to the prioritization of acts, policies, 
or practices of foreign governments that raise concerns with 
respect to obligations under the WTO Agreements or any other 
trade agreement to which the United States is a party, or 
otherwise create or maintain barriers to United States goods, 
services, or investment. 
‘‘(2) IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.— 
In identifying acts, policies, or practices of foreign governments 
as trade enforcement priorities under this subsection, the Trade 
Representative shall focus on those acts, policies, and practices 
the elimination of which is likely to have the most significant 
potential to increase United States economic growth, and take 
into account all relevant factors, including— 
‘‘(A) the economic significance of any potential 
inconsistency between an obligation assumed by a foreign 
government pursuant to a trade agreement to which both 
the foreign government and the United States are parties 
and the acts, policies, or practices of that government; 
‘‘(B) the impact of the acts, policies, or practices of 
a foreign government on maintaining and creating United 
States jobs and productive capacity; 
‘‘(C) the major barriers and trade distorting practices 
described in the most recent National Trade Estimate 
required under section 181(b); 
‘‘(D) the major barriers and trade distorting practices 
described in other relevant reports addressing international 
trade and investment barriers prepared by a Federal 
agency or congressional commission during the 12 months 
preceding the date of the most recent report under para-
graph (3); 
‘‘(E) a foreign government’s compliance with its obliga-
tions under any trade agreements to which both the foreign 
government and the United States are parties; 
‘‘(F) the implications of a foreign government’s procure-
ment plans and policies; and 
‘‘(G) the international competitive position and export 
potential of United States products and services. 
‘‘(3) REPORT
ON
TRADE
ENFORCEMENT
PRIORITIES
AND 
ACTIONS TAKEN TO ADDRESS.— 
‘‘(A) IN GENERAL.—Not later than July 31 of each cal-
endar year that begins after the date of the enactment 
of the Trade Facilitation and Trade Enforcement Act of 
2015, the Trade Representative shall report to the Com-
mittee on Finance of the Senate and the Committee on 
Ways and Means of the House of Representatives on acts, 
policies, or practices of foreign governments identified as 
trade enforcement priorities based on the consultations
H. R. 644—61 
under paragraph (1) and the criteria set forth in paragraph 
(2). 
‘‘(B) REPORT IN SUBSEQUENT YEARS.—The Trade Rep-
resentative shall include, when reporting under subpara-
graph (A) in any calendar year after the calendar year 
that begins after the date of the enactment of the Trade 
Facilitation and Trade Enforcement Act of 2015, a descrip-
tion of actions taken to address any acts, policies, or prac-
tices of foreign governments identified as trade enforcement 
priorities under this subsection in the calendar year pre-
ceding that report and, as relevant, any calendar year 
before that calendar year. 
‘‘(b) SEMIANNUAL ENFORCEMENT CONSULTATIONS.— 
‘‘(1) IN GENERAL.—At the same time as the reporting under 
subsection (a)(3), and not later than January 31 of each fol-
lowing year, the Trade Representative shall consult with the 
Committee on Finance of the Senate and the Committee on 
Ways and Means of the House of Representatives with respect 
to the identification, prioritization, investigation, and resolution 
of acts, policies, or practices of foreign governments of concern 
with respect to obligations under the WTO Agreements or any 
other trade agreement to which the United States is a party, 
or that otherwise create or maintain trade barriers. 
‘‘(2) ACTS, POLICIES, OR PRACTICES OF CONCERN.—The semi-
annual enforcement consultations required by paragraph (1) 
shall address acts, policies, or practices of foreign governments 
that raise concerns with respect to obligations under the WTO 
Agreements or any other trade agreement to which the United 
States is a party, or otherwise create or maintain trade barriers, 
including— 
‘‘(A) engagement with relevant trading partners; 
‘‘(B) strategies for addressing such concerns; 
‘‘(C) availability and deployment of resources to be 
used in the investigation or resolution of such concerns; 
‘‘(D) the merits of any potential dispute resolution pro-
ceeding under the WTO Agreements or any other trade 
agreement to which the United States is a party relating 
to such concerns; and 
‘‘(E) any other aspects of such concerns. 
‘‘(3) ACTIVE INVESTIGATIONS.—The semiannual enforcement 
consultations required by paragraph (1) shall address acts, 
policies, or practices that the Trade Representative is actively 
investigating with respect to obligations under the WTO Agree-
ments or any other trade agreement to which the United States 
is a party, including— 
‘‘(A) strategies for addressing concerns raised by such 
acts, policies, or practices; 
‘‘(B) any relevant timeline with respect to investigation 
of such acts, policies, or practices; 
‘‘(C) the merits of any potential dispute resolution pro-
ceeding under the WTO Agreements or any other trade 
agreement to which the United States is a party with 
respect to such acts, policies, or practices; 
‘‘(D) barriers to the advancement of the investigation 
of such acts, policies, or practices; and 
‘‘(E) any other matters relating to the investigation 
of such acts, policies, or practices.
H. R. 644—62 
‘‘(4) ONGOING
ENFORCEMENT
ACTIONS.—The semiannual 
enforcement consultations required by paragraph (1) shall 
address all ongoing enforcement actions taken by or against 
the United States with respect to obligations under the WTO 
Agreements or any other trade agreement to which the United 
States is a party, including— 
‘‘(A) any relevant timeline with respect to such actions; 
‘‘(B) the merits of such actions; 
‘‘(C) any prospective implementation actions; 
‘‘(D) potential implications for any law or regulation 
of the United States; 
‘‘(E) potential implications for United States stake-
holders, domestic competitors, and exporters; and 
‘‘(F) other issues relating to such actions. 
‘‘(5) ENFORCEMENT RESOURCES.—The semiannual enforce-
ment consultations required by paragraph (1) shall address 
the availability and deployment of enforcement resources, 
resource constraints on monitoring and enforcement activities, 
and strategies to address those constraints, including the use 
of available resources of other Federal agencies to enhance 
monitoring and enforcement capabilities. 
‘‘(c) INVESTIGATION AND RESOLUTION.—In the case of any acts, 
policies, or practices of a foreign government identified as a trade 
enforcement priority under subsection (a), the Trade Representative 
shall, not later than the date of the first semiannual enforcement 
consultations held under subsection (b) after the identification of 
the priority, take appropriate action to address that priority, 
including— 
‘‘(1) engagement with the foreign government to resolve 
concerns raised by such acts, policies, or practices; 
‘‘(2) initiation of an investigation under section 302(b)(1) 
with respect to such acts, policies, or practices; 
‘‘(3) initiation of negotiations for a bilateral agreement that 
provides for resolution of concerns raised by such acts, policies, 
or practices; or 
‘‘(4) initiation of dispute settlement proceedings under the 
WTO Agreements or any other trade agreement to which the 
United States is a party with respect to such acts, policies, 
or practices. 
‘‘(d) ENFORCEMENT NOTIFICATIONS AND CONSULTATION.— 
‘‘(1) INITIATION OF ENFORCEMENT ACTION.—The Trade Rep-
resentative shall notify and consult with the Committee on 
Finance of the Senate and the Committee on Ways and Means 
of the House of Representatives in advance of the initiation 
of any formal trade dispute by or against the United States 
taken in regard to an obligation under the WTO Agreements 
or any other trade agreement to which the United States is 
a party. With respect to a formal trade dispute against the 
United States, if advance notification and consultation are not 
possible, the Trade Representative shall notify and consult 
at the earliest practicable opportunity after initiation of the 
dispute. 
‘‘(2) CIRCULATION OF REPORTS.—The Trade Representative 
shall notify and consult with the Committee on Finance of 
the Senate and the Committee on Ways and Means of the 
House of Representatives in advance of the announced or antici-
pated circulation of any report of a dispute settlement panel
H. R. 644—63 
or the Appellate Body of the World Trade Organization or 
of a dispute settlement panel under any other trade agreement 
to which the United States is a party with respect to a formal 
trade dispute by or against the United States. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) WTO.—The term ‘WTO’ means the World Trade 
Organization. 
‘‘(2) WTO AGREEMENT.—The term ‘WTO Agreement’ has 
the meaning given that term in section 2(9) of the Uruguay 
Round Agreements Act (19 U.S.C. 3501(9)). 
‘‘(3) WTO AGREEMENTS.—The term ‘WTO Agreements’ 
means the WTO Agreement and agreements annexed to that 
Agreement.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for the Trade 
Act of 1974 is amended by striking the item relating to section 
310 and inserting the following: 
‘‘Sec. 310. Trade enforcement priorities.’’. 
SEC. 602. EXERCISE OF WTO AUTHORIZATION TO SUSPEND CONCES-
SIONS OR OTHER OBLIGATIONS UNDER TRADE AGREE-
MENTS. 
(a) IN GENERAL.—Section 306 of the Trade Act of 1974 (19 
U.S.C. 2416) is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following: 
‘‘(c) EXERCISE OF WTO AUTHORIZATION TO SUSPEND CONCES-
SIONS OR OTHER OBLIGATIONS.—If— 
‘‘(1) action has terminated pursuant to section 307(c), 
‘‘(2) the petitioner or any representative of the domestic 
industry that would benefit from reinstatement of action has 
submitted to the Trade Representative a written request for 
reinstatement of action, and 
‘‘(3) the Trade Representatives has completed the require-
ments of subsection (d) and section 307(c)(3), 
the Trade Representative may at any time determine to take action 
under section 301(c) to exercise an authorization to suspend conces-
sions or other obligations under Article 22 of the Understanding 
on Rules and Procedures Governing the Settlement of Disputes 
(referred to in section 101(d)(16) of the Uruguay Round Agreements 
Act (19 U.S.C. 3511(d)(16))).’’. 
(b) CONFORMING AMENDMENTS.—Chapter 1 of title III of the 
Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended— 
(1) in section 301(c)(1) (19 U.S.C. 2411(c)(1)), in the matter 
preceding subparagraph (A), by inserting ‘‘or section 306(c)’’ 
after ‘‘subsection (a) or (b)’’; 
(2) in section 306(b) (19 U.S.C. 2416(b)), in the subsection 
heading, by striking ‘‘FURTHER ACTION’’ and inserting ‘‘ACTION 
ON THE BASIS OF MONITORING’’; 
(3) in section 306(d) (19 U.S.C. 2416(d)), as redesignated 
by subsection (a)(1), by inserting ‘‘or (c)’’ after ‘‘subsection (b)’’; 
and 
(4) in section 307(c)(3) (19 U.S.C. 2417(c)(3)), by inserting 
‘‘or if a request is submitted to the Trade Representative under 
section 306(c)(2) to reinstate action,’’ after ‘‘under section 301,’’.
H. R. 644—64 
SEC. 603. TRADE MONITORING. 
(a) IN GENERAL.—Chapter 1 of title II of the Trade Act of 
1974 (19 U.S.C. 2251 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 205. TRADE MONITORING. 
‘‘(a) MONITORING TOOL FOR IMPORTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of the enactment of the Trade Facilitation and Trade Enforce-
ment Act of 2015, the Commission shall make available on 
a website of the Commission an import monitoring tool to 
allow the public access to data on the volume and value of 
goods imported to the United States for the purpose of assessing 
whether such data has changed with respect to such goods 
over a period of time. 
‘‘(2) DATA DESCRIBED.—For purposes of the monitoring tool 
under paragraph (1), the Commission shall use data compiled 
by the Department of Commerce and such other government 
data as the Commission considers appropriate. 
‘‘(3) PERIODS OF TIME.—The Commission shall ensure that 
data accessed through the monitoring tool under paragraph 
(1) includes data for the most recent quarter for which such 
data are available and previous quarters as the Commission 
considers practicable. 
‘‘(b) MONITORING REPORTS.— 
‘‘(1) IN GENERAL.—Not later than 270 days after the date 
of the enactment of the Trade Facilitation and Trade Enforce-
ment Act of 2015, and not less frequently than quarterly there-
after, the Secretary of Commerce shall publish on a website 
of the Department of Commerce, and notify the Committee 
on Finance of the Senate and the Committee on Ways and 
Means of the House of Representatives of the availability of, 
a monitoring report on changes in the volume and value of 
trade with respect to imports and exports of goods categorized 
based on the 6-digit subheading number of the goods under 
the Harmonized Tariff Schedule of the United States during 
the most recent quarter for which such data are available 
and previous quarters as the Secretary considers practicable. 
‘‘(2) REQUESTS FOR COMMENT.—Not later than one year 
after the date of the enactment of the Trade Facilitation and 
Trade Enforcement Act of 2015, the Secretary of Commerce 
shall solicit through the Federal Register public comment on 
the monitoring reports described in paragraph (1). 
‘‘(c) SUNSET.—The requirements under this section terminate 
on the date that is seven years after the date of the enactment 
of the Trade Facilitation and Trade Enforcement Act of 2015.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for the Trade 
Act of 1974 (19 U.S.C. 2101 et seq.) is amended by inserting 
after the item relating to section 204 the following: 
‘‘Sec. 205. Trade monitoring.’’. 
SEC. 604. ESTABLISHMENT OF INTERAGENCY CENTER ON TRADE 
IMPLEMENTATION, MONITORING, AND ENFORCEMENT. 
(a) IN GENERAL.—Section 141 of the Trade Act of 1974 (19 
U.S.C. 2171) is amended by adding at the end the following: 
‘‘(h) INTERAGENCY CENTER ON TRADE IMPLEMENTATION, MONI-
TORING, AND ENFORCEMENT.—
H. R. 644—65 
‘‘(1) ESTABLISHMENT OF CENTER.—There is established in 
the Office of the United States Trade Representative an Inter-
agency Center on Trade Implementation, Monitoring, and 
Enforcement (in this section referred to as the ‘Center’). 
‘‘(2) FUNCTIONS OF CENTER.—The Center shall support the 
activities of the United States Trade Representative in— 
‘‘(A) investigating potential disputes under the auspices 
of the World Trade Organization; 
‘‘(B) investigating potential disputes pursuant to 
bilateral and regional trade agreements to which the 
United States is a party; 
‘‘(C) carrying out the functions of the United States 
Trade Representative under this section with respect to 
the monitoring and enforcement of trade agreements to 
which the United States is a party; and 
‘‘(D) monitoring measures taken by parties to imple-
ment provisions of trade agreements to which the United 
States is a party. 
‘‘(3) PERSONNEL.— 
‘‘(A) DIRECTOR.—The head of the Center shall be a 
Director, who shall be appointed by the United States 
Trade Representative. 
‘‘(B) ADDITIONAL EMPLOYEES.—A Federal agency may, 
in consultation with and with the approval of the United 
States Trade Representative, detail or assign one or more 
employees to the Center without any reimbursement from 
the Center to support the functions of the Center.’’. 
(b) INTERAGENCY RESOURCES.—Section 141(d)(1)(A) of the Trade 
Act of 1974 (19 U.S.C. 2171(d)(1)(A)) is amended by inserting ‘‘, 
including resources of the Interagency Center on Trade Implementa-
tion, Monitoring, and Enforcement established under subsection 
(h),’’ after ‘‘interagency resources’’. 
(c) REPORTS.—Section 163 of the Trade Act of 1974 (19 U.S.C. 
2213) is amended— 
(1) in subsection (a)(2)— 
(A) in subparagraph (J), by striking ‘‘and’’ at the end; 
(B) in subparagraph (K), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(L) the operation of the Interagency Center on Trade 
Implementation, Monitoring, and Enforcement established 
under section 141(h), including— 
‘‘(i) information relating to the personnel of the 
Center, including a description of any employees 
detailed or assigned to the Center by a Federal agency 
under paragraph (3)(B) of such section; 
‘‘(ii) information relating to the functions of the 
Center; and 
‘‘(iii) an assessment of the operating costs of the 
Center.’’; and 
(2) by adding at the end the following: 
‘‘(d) QUADRENNIAL PLAN AND REPORT.— 
‘‘(1) QUADRENNIAL PLAN.—Pursuant to the goals and objec-
tives of the strategic plan of the Office of the United States 
Trade Representative as required under section 306 of title 
5, United States Code, the Trade Representative shall, every 
4 years, develop a plan—
H. R. 644—66 
‘‘(A) to analyze internal quality controls and record 
management of the Office; 
‘‘(B) to identify existing staff of the Office and new 
staff that will be necessary to support the trade negotiation 
and enforcement functions and powers of the Office 
(including those functions and powers of the Trade Policy 
Staff Committee) as described in section 141 and section 
301; 
‘‘(C) to identify existing staff of the Office and staff 
in other Federal agencies who will be required to be 
detailed or assigned to support interagency programs led 
by the Trade Representative, including any associated 
expenses; 
‘‘(D) to provide an outline of budget justifications, 
including salaries and expenses as well as nonpersonnel 
administrative expenses, for the fiscal years required under 
the strategic plan; and 
‘‘(E) to provide an outline of budget justifications, 
including salaries and expenses as well as nonpersonnel 
administrative expenses, for interagency programs led by 
the Trade Representative for the fiscal years required 
under the strategic plan. 
‘‘(2) REPORT.— 
‘‘(A) IN
GENERAL.—The Trade Representative shall 
submit to the appropriate congressional committees a 
report that contains the plan required under paragraph 
(1). Except as provided in subparagraph (B), the report 
required under this subparagraph shall be submitted in 
conjunction with the strategic plan of the Office as required 
under section 306 of title 5, United States Code. 
‘‘(B) EXCEPTION.—The Trade Representative shall 
submit to the appropriate congressional committees an ini-
tial report that contains the plan required under paragraph 
(1) not later than June 1, 2016. 
‘‘(C) 
APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this paragraph, the term ‘appropriate 
congressional committees’ means— 
‘‘(i) the Committee on Finance and the Committee 
on Appropriations of the Senate; and 
‘‘(ii) the Committee on Ways and Means and the 
Committee on Appropriations of the House of Rep-
resentatives.’’. 
SEC. 605. INCLUSION OF INTEREST IN CERTAIN DISTRIBUTIONS OF 
ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES. 
(a) IN GENERAL.—The Secretary of Homeland Security shall 
deposit all interest described in subsection (c) into the special 
account established under section 754(e) of the Tariff Act of 1930 
(19 U.S.C. 1675c(e)) (repealed by subtitle F of title VII of the 
Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154)) 
for inclusion in distributions described in subsection (b) made on 
or after the date of the enactment of this Act. 
(b) DISTRIBUTIONS DESCRIBED.—Distributions described in this 
subsection are distributions of antidumping duties and counter-
vailing duties assessed on or after October 1, 2000, that are made 
under section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c) 
(repealed by subtitle F of title VII of the Deficit Reduction Act
H. R. 644—67 
of 2005 (Public Law 109–171; 120 Stat. 154)), with respect to 
entries of merchandise that— 
(1) were made on or before September 30, 2007; and 
(2) were, in accordance with section 822 of the Claims 
Resolution Act of 2010 (19 U.S.C. 1675c note), unliquidated, 
not in litigation, and not under an order of liquidation from 
the Department of Commerce on December 8, 2010. 
(c) INTEREST DESCRIBED.— 
(1) INTEREST
REALIZED.—Interest described in this sub-
section is interest earned on antidumping duties or counter-
vailing duties described in subsection (b) that is realized 
through application of a payment received on or after October 
1, 2014, by U.S. Customs and Border Protection under, or 
in connection with— 
(A) a customs bond pursuant to a court order or judg-
ment; or 
(B) a settlement with respect to a customs bond, 
including any payment made to U.S. Customs and Border 
Protection with respect to that bond by a surety. 
(2) TYPES OF INTEREST.—Interest described in paragraph 
(1) includes the following: 
(A) Interest accrued under section 778 of the Tariff 
Act of 1930 (19 U.S.C. 1677g). 
(B) Interest accrued under section 505(d) of the Tariff 
Act of 1930 (19 U.S.C. 1505(d)). 
(C) Equitable interest under common law and interest 
under section 963 of the Revised Statutes (19 U.S.C. 580) 
awarded by a court against a surety under its bond for 
late payment of antidumping duties, countervailing duties, 
or interest described in subparagraph (A) or (B). 
(d) DEFINITIONS.—In this section: 
(1) ANTIDUMPING DUTIES.—The term ‘‘antidumping duties’’ 
means antidumping duties imposed under section 731 of the 
Tariff Act of 1930 (19 U.S.C. 1673) or under the Antidumping 
Act, 1921 (title II of the Act of May 27, 1921; 42 Stat. 11, 
chapter 14). 
(2) COUNTERVAILING
DUTIES.—The term ‘‘countervailing 
duties’’ means countervailing duties imposed under section 701 
of the Tariff Act of 1930 (19 U.S.C. 1671). 
SEC. 606. ILLICITLY IMPORTED, EXPORTED, OR TRAFFICKED CUL-
TURAL PROPERTY, ARCHAEOLOGICAL OR ETHNOLOGICAL 
MATERIALS, AND FISH, WILDLIFE, AND PLANTS. 
(a) IN GENERAL.—The Commissioner and the Director of U.S. 
Immigration and Customs Enforcement shall ensure that appro-
priate personnel of U.S. Customs and Border Protection and U.S. 
Immigration and Customs Enforcement, as the case may be, are 
trained in the detection, identification, detention, seizure, and for-
feiture of cultural property, archaeological or ethnological materials, 
and fish, wildlife, and plants, the importation, exportation, or traf-
ficking of which violates the laws of the United States. 
(b) TRAINING.—The Commissioner and the Director are author-
ized to accept training and other support services from experts 
outside of the Federal Government with respect to the detection, 
identification, detention, seizure, and forfeiture of cultural property, 
archaeological or ethnological materials, or fish, wildlife, and plants 
described in subsection (a).
H. R. 644—68 
SEC. 607. ENFORCEMENT UNDER TITLE III OF THE TRADE ACT OF 
1974 WITH RESPECT TO CERTAIN ACTS, POLICIES, AND 
PRACTICES. 
Section 301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C. 
2411(d)(3)(B)) is amended— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
(2) in clause (iii)(V), by striking the period at the end 
and inserting ‘‘, or’’; and 
(3) by adding at the end the following: 
‘‘(iv) constitutes a persistent pattern of conduct 
by the government of a foreign country under which 
that government fails to effectively enforce commit-
ments under agreements to which the foreign country 
and the United States are parties, including with 
respect to trade in goods, trade in services, trade in 
agriculture, foreign investment, intellectual property, 
digital trade in goods and services and cross-border 
data flows, regulatory practices, state-owned and state- 
controlled enterprises, localization barriers to trade, 
labor and the environment, anticorruption, trade 
remedy laws, textiles, and commercial partnerships.’’. 
SEC. 608. HONEY TRANSSHIPMENT. 
(a) IN GENERAL.—The Commissioner shall direct appropriate 
personnel and the use of resources of U.S. Customs and Border 
Protection to address concerns that honey is being imported into 
the United States in violation of the customs and trade laws of 
the United States. 
(b) COUNTRY OF ORIGIN.— 
(1) IN GENERAL.—The Commissioner shall compile a data-
base of the individual characteristics of honey produced in 
foreign countries to facilitate the verification of country of origin 
markings of imported honey. 
(2) 
ENGAGEMENT
WITH
FOREIGN
GOVERNMENTS.—The 
Commissioner shall seek to engage the customs agencies of 
foreign governments for assistance in compiling the database 
described in paragraph (1). 
(3) CONSULTATION WITH INDUSTRY.—In compiling the data-
base described in paragraph (1), the Commissioner shall consult 
with entities in the honey industry regarding the development 
of industry standards for honey identification. 
(4) CONSULTATION WITH FOOD AND DRUG ADMINISTRATION.— 
In compiling the database described in paragraph (1), the 
Commissioner shall consult with the Commissioner of Food 
and Drugs. 
(c) REPORT REQUIRED.—Not later than 180 days after the date 
of the enactment of this Act, the Commissioner shall submit to 
Congress a report that— 
(1) describes and assesses the limitations in the existing 
analysis capabilities of laboratories with respect to determining 
the country of origin of honey samples or the percentage of 
honey contained in a sample; and 
(2) includes any recommendations of the Commissioner 
for improving such capabilities. 
(d) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Commissioner of Food and Drugs should promptly establish 
a national standard of identity for honey for the Commissioner
H. R. 644—69 
of U.S. Customs and Border Protection to use to ensure that imports 
of honey are— 
(1) classified accurately for purposes of assessing duties; 
and 
(2) denied entry into the United States if such imports 
pose a threat to the health or safety of consumers in the 
United States. 
SEC. 609. ESTABLISHMENT OF CHIEF INNOVATION AND INTELLECTUAL 
PROPERTY NEGOTIATOR. 
(a) IN GENERAL.—Section 141 of the Trade Act of 1974 (19 
U.S.C. 2171) is amended— 
(1) in subsection (b)(2)— 
(A) by striking ‘‘and one Chief Agricultural Negotiator’’ 
and inserting ‘‘, one Chief Agricultural Negotiator, and 
one Chief Innovation and Intellectual Property Nego-
tiator,’’; 
(B) by striking ‘‘or the Chief Agricultural Negotiator’’ 
and inserting ‘‘, the Chief Agricultural Negotiator, or the 
Chief Innovation and Intellectual Property Negotiator’’; and 
(C) by striking ‘‘and the Chief Agricultural Negotiator’’ 
and inserting ‘‘, the Chief Agricultural Negotiator, and 
the Chief Innovation and Intellectual Property Negotiator’’; 
and 
(2) in subsection (c)— 
(A) by moving paragraph (5) 2 ems to the left; and 
(B) by adding at the end the following: 
‘‘(6) The principal functions of the Chief Innovation and Intellec-
tual Property Negotiator shall be to conduct trade negotiations 
and to enforce trade agreements relating to United States intellec-
tual property and to take appropriate actions to address acts, poli-
cies, and practices of foreign governments that have a significant 
adverse impact on the value of United States innovation. The Chief 
Innovation and Intellectual Property Negotiator shall be a vigorous 
advocate on behalf of United States innovation and intellectual 
property interests. The Chief Innovation and Intellectual Property 
Negotiator shall perform such other functions as the United States 
Trade Representative may direct.’’. 
(b) COMPENSATION.—Section 5314 of title 5, United States Code 
is amended by striking ‘‘Chief Agricultural Negotiator.’’ and 
inserting the following: 
‘‘Chief Agricultural Negotiator, Office of the United States 
Trade Representative. 
‘‘Chief Innovation and Intellectual Property Negotiator, Office 
of the United States Trade Representative.’’. 
(c) REPORT REQUIRED.—Not later than one year after the 
appointment of the first Chief Innovation and Intellectual Property 
Negotiator pursuant to paragraph (2) of section 141(b) of the Trade 
Act of 1974, as amended by subsection (a), and annually thereafter, 
the United States Trade Representative shall submit to the Com-
mittee on Finance of the Senate and the Committee on Ways 
and Means of the House of Representatives a report describing 
in detail— 
(1) enforcement actions taken by the Trade Representative 
during the one-year period preceding the submission of the 
report to ensure the protection of United States innovation 
and intellectual property interests; and
H. R. 644—70 
(2) other actions taken by the Trade Representative to 
advance United States innovation and intellectual property 
interests. 
SEC. 610. MEASURES RELATING TO COUNTRIES THAT DENY ADEQUATE 
PROTECTION FOR INTELLECTUAL PROPERTY RIGHTS. 
(a) INCLUSION OF COUNTRIES THAT DENY ADEQUATE PROTEC-
TION OF TRADE SECRETS.—Section 182(d)(2) of the Trade Act of 
1974 (19 U.S.C. 2242(d)(2)) is amended by inserting ‘‘, trade secrets,’’ 
after ‘‘copyrights’’. 
(b) SPECIAL RULES FOR COUNTRIES ON THE PRIORITY WATCH 
LIST OF THE UNITED STATES TRADE REPRESENTATIVE.— 
(1) IN GENERAL.—Section 182 of the Trade Act of 1974 
(19 U.S.C. 2242) is amended by striking subsection (g) and 
inserting the following: 
‘‘(g) SPECIAL RULES FOR FOREIGN COUNTRIES ON THE PRIORITY 
WATCH LIST.— 
‘‘(1) ACTION PLANS.— 
‘‘(A) IN GENERAL.—Not later than 90 days after the 
date on which the Trade Representative submits the 
National Trade Estimate under section 181(b), the Trade 
Representative shall develop an action plan described in 
subparagraph (C) with respect to each foreign country 
described in subparagraph (B). 
‘‘(B) FOREIGN COUNTRY DESCRIBED.—The Trade Rep-
resentative shall develop an action plan under subpara-
graph (A) with respect to each foreign country that— 
‘‘(i) the Trade Representative has identified for 
placement on the priority watch list; and 
‘‘(ii) has remained on such list for at least one 
year. 
‘‘(C) ACTION PLAN DESCRIBED.—An action plan devel-
oped under subparagraph (A) shall contain the benchmarks 
described in subparagraph (D) and be designed to assist 
the foreign country— 
‘‘(i) to achieve— 
‘‘(I) adequate and effective protection of 
intellectual property rights; and 
‘‘(II) fair and equitable market access for 
United States persons that rely upon intellectual 
property protection; or 
‘‘(ii) to make significant progress toward achieving 
the goals described in clause (i). 
‘‘(D) BENCHMARKS DESCRIBED.—The benchmarks con-
tained in an action plan developed pursuant to subpara-
graph (A) are such legislative, institutional, enforcement, 
or other actions as the Trade Representative determines 
to be necessary for the foreign country to achieve the 
goals described in clause (i) or (ii) of subparagraph (C). 
‘‘(2) FAILURE TO MEET ACTION PLAN BENCHMARKS.—If, as 
of one year after the date on which an action plan is developed 
under paragraph (1)(A), the President, in consultation with 
the Trade Representative, determines that the foreign country 
to which the action plan applies has not substantially complied 
with the benchmarks described in paragraph (1)(D), the Presi-
dent may take appropriate action with respect to the foreign 
country.