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 enact-
ment 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 after 
such date of enactment, provide trade benefits to private 
sector entities that meet the requirements for participation 
in those programs established by the Commissioner under 
this section. 
(b) ELEMENTS.—In developing and operating part-
nership programs under subsection (a), the Commissioner 
shall— 
(1) consult with private sector entities, the pub-
lic, and other Federal agencies when appropriate, to 
ensure that participants in those programs receive 
commercially significant and measurable trade bene-
fits, including providing pre-clearance of merchan-
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dise for qualified persons that demonstrate the high-
est levels of compliance with the customs and trade 
laws of the United States, regulations of U.S. Cus-
toms and Border Protection, and other requirements 
the Commissioner determines to be necessary; 
(2) ensure an integrated and transparent sys-
tem of trade benefits and compliance requirements 
for all partnership programs of U.S. Customs and 
Border Protection; 
(3) consider consolidating partnership programs 
in situations in which doing so would support the 
objectives of such programs, increase participation in 
such programs, enhance the trade benefits provided 
to participants in such programs, and enhance the 
allocation of the resources of U.S. Customs and Bor-
der Protection; 
(4) coordinate with the Director of U.S. Immi-
gration and Customs Enforcement, and other Fed-
eral agencies with authority to detain and release 
merchandise entering the United States— 
(A) to ensure coordination in the release of 
such merchandise through the Automated Com-
mercial Environment, or its predecessor, and 
the International Trade Data System; 
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(B) to ensure that the partnership pro-
grams of those agencies are compatible with the 
partnership programs of U.S. Customs and 
Border Protection; 
(C) to develop criteria for authorizing the 
release, on an expedited basis, of merchandise 
for which documentation is required from one 
or more of those agencies to clear or license the 
merchandise for entry into the United States; 
and 
(D) to create pathways, within and among 
the appropriate Federal agencies, for qualified 
persons that demonstrate the highest levels of 
compliance to receive immediate clearance ab-
sent 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 December 31 of each year thereafter, the Com-
missioner 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— 
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(1) identifies each partnership program referred 
to in subsection (a); 
(2) for each such program, identifies— 
(A) the requirements for participants in 
the program; 
(B) the commercially significant and meas-
urable trade benefits provided to participants in 
the program; 
(C) the number of participants in the pro-
gram; and 
(D) in the case of a program that provides 
for participation at multiple tiers, the number 
of participants at each such tier; 
(3) identifies the number of participants en-
rolled in more than one such partnership program; 
(4) assesses the effectiveness of each such part-
nership program in advancing the security, trade en-
forcement, and trade facilitation missions of U.S. 
Customs and Border Protection, based on historical 
developments, the level of participation in the pro-
gram, and the evolution of benefits provided to par-
ticipants in the program; 
(5) summarizes the efforts of U.S. Customs and 
Border Protection to work with other Federal agen-
cies with authority to detain and release merchan-
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dise entering the United States to ensure that part-
nership 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 re-
quired 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 enti-
ties and the public to develop and improve partner-
ship programs referred to in subsection (a); 
(8) describes measures taken by U.S. Customs 
and Border Protection to make private sector enti-
ties aware of the trade benefits available to partici-
pants in such programs; and 
(9) summarizes the plans, targets, and goals of 
U.S. Customs and Border Protection with respect to 
such programs for the 2 years following the submis-
sion of the report. 
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SEC. 102. REPORT ON EFFECTIVENESS OF TRADE EN-
FORCEMENT 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 Committee on 
Finance of the Senate and the Committee on Ways and 
Means of the House of Representatives a report on the 
effectiveness of trade enforcement activities of U.S. Cus-
toms and Border Protection. 
(b) CONTENTS.—The report required by subsection 
(a) shall include— 
(1) a description of the use of resources, results 
of audits and verifications, targeting, organization, 
and training of personnel of U.S. Customs and Bor-
der Protection; and 
(2) a description of trade enforcement activities 
to address undervaluation, transshipment, legitimacy 
of entities making entry, protection of revenues, 
fraud prevention and detection, and penalties, in-
cluding 
intentional 
misclassification, 
inadequate 
bonding, and other misrepresentations. 
SEC. 103. PRIORITIES AND PERFORMANCE STANDARDS 
FOR CUSTOMS MODERNIZATION, TRADE FA-
CILITATION, 
AND 
TRADE 
ENFORCEMENT 
FUNCTIONS AND PROGRAMS. 
(a) PRIORITIES AND PERFORMANCE STANDARDS.— 
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licenses, or certifications required for the 
release of imported cargo and clearance of 
cargo for export. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to require 
any action to be taken that would compromise 
an ongoing law enforcement investigation or na-
tional security.’’; and 
(3) in paragraph (8), as redesignated, by strik-
ing ‘‘section 9503(c) of the Omnibus Budget Rec-
onciliation Act of 1987 (19 U.S.C. 2071 note)’’ and 
inserting ‘‘section 109 of the Trade Facilitation and 
Trade Enforcement Act of 2015’’. 
SEC. 108. CONSULTATIONS WITH RESPECT TO MUTUAL 
RECOGNITION ARRANGEMENTS. 
(a) CONSULTATIONS.—The Secretary of Homeland 
Security, with respect to any proposed mutual recognition 
arrangement or similar agreement between the United 
States and a foreign government providing for mutual rec-
ognition of supply chain security programs and customs 
revenue functions, shall consult— 
(1) not later than 30 days before initiating ne-
gotiations to enter into any such arrangement or 
similar agreement, with the Committee on Finance 
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of the Senate and the Committee on Ways and 
Means of the House of Representatives; and 
(2) not later than 30 days before entering into 
any such arrangement or similar agreement, with 
the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of 
Representatives. 
(b) NEGOTIATING OBJECTIVE.—It shall be a negoti-
ating objective of the United States in any negotiation for 
a mutual recognition arrangement with a foreign country 
on partnership programs, such as the Customs-Trade 
Partnership Against Terrorism established under subtitle 
B of title II of the Security and Accountability for Every 
Port Act of 2006 (6 U.S.C. 961 et seq.), to seek to ensure 
the compatibility of the partnership programs of that 
country with the partnership programs of U.S. Customs 
and Border Protection to enhance trade facilitation and 
trade enforcement. 
SEC. 109. COMMERCIAL CUSTOMS OPERATIONS ADVISORY 
COMMITTEE. 
(a) ESTABLISHMENT.—Not later than the date that 
is 60 days after the date of the enactment of this Act, 
the Secretary of the Treasury and the Secretary of Home-
land Security shall jointly establish a Commercial Customs 
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Operations Advisory Committee (in this section referred 
to as the ‘‘Advisory Committee’’). 
(b) MEMBERSHIP.— 
(1) IN
GENERAL.—The Advisory Committee 
shall be comprised of— 
(A) 20 individuals appointed under para-
graph (2); 
(B) the Assistant Secretary for Tax Policy 
of the Department of the Treasury and the 
Commissioner, who shall jointly co-chair meet-
ings of the Advisory Committee; and 
(C) the Assistant Secretary for Policy and 
the Director of U.S. Immigration and Customs 
Enforcement of the Department of Homeland 
Security, who shall serve as deputy co-chairs of 
meetings of the Advisory Committee. 
(2) APPOINTMENT.— 
(A) IN GENERAL.—The Secretary of the 
Treasury and the Secretary of Homeland Secu-
rity shall jointly appoint 20 individuals from 
the private sector to the Advisory Committee. 
(B) REQUIREMENTS.—In making appoint-
ments under subparagraph (A), the Secretary 
of the Treasury and the Secretary of Homeland 
Security shall appoint members— 
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(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 affili-
ation. 
(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 se-
quentially. 
(3) TRANSFER
OF
MEMBERSHIP.—The Sec-
retary of the Treasury and the Secretary of Home-
land 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 Reconcili-
ation Act of 1987 (19 U.S.C. 2071 note) on the day 
before the date of the enactment of this Act to the 
Advisory Committee established under subsection 
(a). 
(c) DUTIES.—The Advisory Committee established 
under subsection (a) shall— 
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(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 re-
spect to significant changes that are proposed with 
respect to regulations, policies, or practices of U.S. 
Customs and Border Protection; 
(2) provide recommendations to the Secretary 
of the Treasury and the Secretary of Homeland Se-
curity on improvements to the commercial operations 
of U.S. Customs and Border Protection; 
(3) collaborate in developing the agenda for Ad-
visory Committee meetings; and 
(4) perform such other functions relating to the 
commercial operations of U.S. Customs and Border 
Protection as prescribed by law or as the Secretary 
of the Treasury and the Secretary of Homeland Se-
curity jointly direct. 
(d) MEETINGS.— 
(1) IN
GENERAL.—The Advisory Committee 
shall meet at the call of the Secretary of the Treas-
ury 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. 
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(2) OPEN MEETINGS.—Notwithstanding section 
10(a) of the Federal Advisory Committee Act (5 
U.S.C. App.), the Advisory Committee meetings 
shall be open to the public unless the Secretary of 
the Treasury or the Secretary of Homeland Security 
determines that the meeting will include matters the 
disclosure of which would compromise the develop-
ment of policies, priorities, or negotiating objectives 
or positions that could impact the commercial oper-
ations of U.S. Customs and Border Protection or 
the operations or investigations of U.S. Immigration 
and Customs Enforcement. 
(e) ANNUAL REPORT.—Not later than December 31, 
2016, and annually thereafter, the Advisory Committee 
shall submit to the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of 
Representatives a report that— 
(1) describes the activities of the Advisory Com-
mittee during the preceding fiscal year; and 
(2) sets forth any recommendations of the Advi-
sory Committee regarding the commercial operations 
of U.S. Customs and Border Protection. 
(f) TERMINATION.—Section 14(a)(2) of the Federal 
Advisory Committee Act (5 U.S.C. App.; relating to the 
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tise 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 en-
forcement of priority trade issues described in sub-
paragraph (B)(ii) of section 2(d)(3) of the Act of 
March 3, 1927 (44 Stat. 1381, chapter 348; 19 
U.S.C. 2072(d)), as added by section 111(a) of this 
Act, in specific industry sectors through the applica-
tion of targeting information from the Commercial 
Targeting Division established under subparagraph 
(A) of such section 2(d)(3) and from other means of 
verification; 
(3) build upon the expertise of U.S. Customs 
and Border Protection in particular industry oper-
ations, 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; 
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(5) centralize the trade enforcement and trade 
facilitation efforts of U.S. Customs and Border Pro-
tection; 
(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 programs and other trusted partner programs; 
(8) develop applicable performance measure-
ments to meet internal efficiency and effectiveness 
goals; and 
(9) whenever feasible, facilitate a more efficient 
flow of information between Federal agencies. 
(b) REPORT.—Not later than December 31, 2016, 
the Commissioner shall submit to the Committee on Fi-
nance of the Senate and the Committee on Ways and 
Means of the House of Representatives a report describ-
ing— 
(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 Ex-
cellence and Expertise in improving enforcement ef-
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forts, including enforcement of priority trade issues, 
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 part-
nerships through the expansion of trade programs 
such as the Importer Self Assessment program and 
other trusted partner programs; 
(4) all applicable performance measurements 
with respect to each such Center of Excellence and 
Expertise, including performance measures with re-
spect to meeting internal efficiency and effectiveness 
goals; 
(5) the performance of each such Center of Ex-
cellence and Expertise in increasing the accuracy 
and completeness of data with respect to inter-
national trade and facilitating a more efficient flow 
of information between Federal agencies; and 
(6) any planned changes in the number, scope, 
functions or any other aspect of the Centers of Ex-
cellence and Expertise developed and implemented 
under subsection (a). 
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SEC. 111. COMMERCIAL TARGETING DIVISION AND NA-
TIONAL TARGETING AND ANALYSIS GROUPS. 
(a) IN GENERAL.—Section 2(d) of the Act of March 
3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072(d)) 
is amended by adding at the end the following: 
‘‘(3) COMMERCIAL
TARGETING
DIVISION
AND 
NATIONAL TARGETING AND ANALYSIS GROUPS.— 
‘‘(A) ESTABLISHMENT
OF
COMMERCIAL 
TARGETING DIVISION.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security shall establish and 
maintain within the Office of International 
Trade a Commercial Targeting Division. 
‘‘(ii) COMPOSITION.—The Commercial 
Targeting Division shall be composed of— 
‘‘(I) headquarters personnel led 
by an Executive Director, who shall 
report to the Assistant Commissioner 
for Trade; and 
‘‘(II) individual National Tar-
geting and Analysis Groups, each led 
by a Director who shall report to the 
Executive Director of the Commercial 
Targeting Division. 
‘‘(iii) DUTIES.—The Commercial Tar-
geting Division shall be dedicated— 
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‘‘(I) to the development and con-
duct of commercial risk assessment 
targeting with respect to cargo des-
tined for the United States in accord-
ance with subparagraph (C); and 
‘‘(II) to issuing Trade Alerts de-
scribed in subparagraph (D). 
‘‘(B) NATIONAL TARGETING AND ANALYSIS 
GROUPS.— 
‘‘(i) IN GENERAL.—A National Tar-
geting and Analysis Group referred to in 
subparagraph (A)(ii)(II) shall, at a min-
imum, be established for each priority 
trade issue described in clause (ii). 
‘‘(ii) PRIORITY TRADE ISSUES.— 
‘‘(I) IN GENERAL.—The priority 
trade issues described in this clause 
are the following: 
‘‘(aa) Agriculture programs. 
‘‘(bb) 
Antidumping 
and 
countervailing duties. 
‘‘(cc) Import safety. 
‘‘(dd) Intellectual property 
rights. 
‘‘(ee) Revenue. 
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‘‘(ff) Textiles and wearing 
apparel. 
‘‘(gg) Trade agreements and 
preference programs. 
‘‘(II) MODIFICATION.—The Com-
missioner is authorized to establish 
new priority trade issues and elimi-
nate, consolidate, or otherwise modify 
the priority trade issues described in 
this paragraph if the Commissioner— 
‘‘(aa) determines it nec-
essary and appropriate to do so; 
‘‘(bb) submits to the Com-
mittee on Finance of the Senate 
and the Committee on Ways and 
Means of the House of Rep-
resentatives a summary of pro-
posals to consolidate, eliminate, 
or otherwise modify existing pri-
ority trade issues not later than 
60 days before such changes are 
to take effect; and 
‘‘(cc) submits to the Com-
mittee on Finance of the Senate 
and the Committee on Ways and 
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and regulations administered by U.S. 
Customs and Border Protection.’’. 
(b) USE OF TRADE DATA FOR COMMERCIAL EN-
FORCEMENT PURPOSES.—Section 343(a)(3)(F) of the 
Trade Act of 2002 (19 U.S.C. 2071 note) is amended to 
read as follows: 
‘‘(F) The information collected pursuant to 
the regulations shall be used exclusively for en-
suring cargo safety and security, preventing 
smuggling, and commercial risk assessment tar-
geting, and shall not be used for any commer-
cial 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 prescribed thereunder.’’. 
SEC. 112. REPORT ON OVERSIGHT OF REVENUE PROTEC-
TION AND ENFORCEMENT MEASURES. 
(a) IN GENERAL.—Not later the March 31, 2016, 
and not later than March 31 of each second year there-
after, the Inspector General of the Department of the 
Treasury shall submit to the Committee on Finance of the 
Senate and the Committee on Ways and Means of the 
House of Representatives a report assessing, with respect 
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to the period covered by the report, as specified in sub-
section (b), the following: 
(1) The effectiveness of the measures taken by 
U.S. Customs and Border Protection with respect to 
protection of revenue, including— 
(A) the collection of countervailing duties 
assessed under subtitle A of title VII of the 
Tariff Act of 1930 (19 U.S.C. 1671 et seq.) 
and antidumping duties assessed under subtitle 
B of title VII of the Tariff Act of 1930 (19 
U.S.C. 1673 et seq.); 
(B) the assessment, collection, and mitiga-
tion 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 account-
ability and performance with respect to protection of 
revenue. 
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(3) The number and outcome of investigations 
instituted by U.S. Customs and Border Protection 
with respect to the underpayment of duties. 
(4) The effectiveness of training with respect to 
the collection of duties provided for personnel of 
U.S. Customs and Border Protection. 
(b) PERIOD COVERED BY REPORT.—Each report re-
quired by subsection (a) shall cover the period of 2 fiscal 
years ending on September 30 of the calendar year pre-
ceding the submission of the report. 
SEC. 113. REPORT ON SECURITY AND REVENUE MEASURES 
WITH RESPECT TO MERCHANDISE TRANS-
PORTED IN BOND. 
(a) IN GENERAL.—Not later than December 31 of 
2016, 2017, and 2018, the Secretary of Homeland Secu-
rity and the Secretary of the Treasury shall jointly submit 
to the Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Representa-
tives 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 mer-
chandise into the United States for consumption. 
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(b) ELEMENTS.—Each report required by subsection 
(a) shall include, for the fiscal year preceding the submis-
sion of the report, information on— 
(1) the overall number of entries of merchan-
dise for transportation in bond through the United 
States; 
(2) the ports at which merchandise arrives in 
the United States for transportation in bond and at 
which records of the arrival of such merchandise are 
generated; 
(3) the average time taken to reconcile such 
records with the records at the final destination of 
the merchandise in the United States to demonstrate 
that the merchandise reaches its final destination or 
is re-exported; 
(4) the average time taken to transport mer-
chandise in bond from the port at which the mer-
chandise arrives in the United States to its final des-
tination 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; 
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(6) the total number of notifications by carriers 
of merchandise being transported in bond that the 
destination of the merchandise has changed; and 
(7) the number of entries that remain 
unreconciled. 
SEC. 114. IMPORTER OF RECORD PROGRAM. 
(a) ESTABLISHMENT.—Not later than the date that 
is 180 days after the date of the enactment of this Act, 
the Secretary of Homeland Security shall establish an im-
porter 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. Cus-
toms and Border Protection— 
(1) develops criteria that importers must meet 
in order to obtain an importer of record number, in-
cluding— 
(A) criteria to ensure sufficient informa-
tion is collected to allow U.S. Customs and Bor-
der Protection to verify the existence of the im-
porter requesting the importer of record num-
ber; 
(B) criteria to ensure sufficient informa-
tion is collected to allow U.S. Customs and Bor-
der Protection to identify linkages or other af-
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filiations between importers that are requesting 
or have been assigned importer of record num-
bers; and 
(C) criteria to ensure sufficient informa-
tion is collected to allow U.S. Customs and Bor-
der 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 im-
porter of record numbers, including a history of im-
porter of record numbers associated with each im-
porter, and the information described in subpara-
graphs (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 im-
porter 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 Com-
mittee on Ways and Means of the House of Representa-
tives a report on the importer of record program estab-
lished under subsection (a). 
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(d) NUMBER DEFINED.—In this subsection, the term 
‘‘number’’, with respect to an importer of record, means 
a filing identification number described in section 24.5 of 
title 19, Code of Federal Regulations (or any cor-
responding similar regulation) that fully supports the re-
quirements of subsection (b) with respect to the collection 
and maintenance of information. 
SEC. 115. ESTABLISHMENT OF NEW IMPORTER PROGRAM. 
(a) IN GENERAL.—Not later than the date that is 
180 days after the date of the enactment of this Act, the 
Commissioner shall establish a new importer program that 
directs U.S. Customs and Border Protection to adjust 
bond amounts for new importers based on the level of risk 
assessed by U.S. Customs and Border Protection for pro-
tection of revenue of the Federal Government. 
(b) REQUIREMENTS.—The Commissioner shall en-
sure that, as part of the new importer program established 
under subsection (a), U.S. Customs and Border Protec-
tion— 
(1) develops risk-based criteria for determining 
which importers are considered to be new importers 
for the purposes of this subsection; 
(2) develops risk assessment guidelines for new 
importers to determine if and to what extent— 
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(A) to adjust bond amounts of imported 
products of new importers; and 
(B) to increase screening of imported prod-
ucts of new importers; 
(3) develops procedures to ensure increased 
oversight of imported products of new importers re-
lating to the enforcement of the priority trade issues 
described in paragraph (3)(B)(ii) of section 2(d) of 
the Act of March 3, 1927 (44 Stat. 1381, chapter 
348; 19 U.S.C. 2072(d)), as added by section 111(a) 
of this Act; 
(4) develops procedures to ensure increased 
oversight of imported products of new importers by 
Centers of Excellence and Expertise established 
under section 110 of this Act; and 
(5) establishes a centralized database of new 
importers to ensure accuracy of information that is 
required to be provided by new importers to U.S. 
Customs and Border Protection. 
SEC. 116. CUSTOMS BROKER IDENTIFICATION OF IMPORT-
ERS. 
(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.— 
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‘‘(1) IN
GENERAL.—The Secretary shall pre-
scribe regulations setting forth the minimum stand-
ards for customs brokers and importers, including 
nonresident importers, regarding the identity of the 
importer that shall apply in connection with the im-
portation of merchandise into the United States. 
‘‘(2) MINIMUM
REQUIREMENTS.—The regula-
tions shall, at a minimum, require customs brokers 
to implement, and importers (after being given ade-
quate notice) to comply with, reasonable procedures 
for— 
‘‘(A) collecting the identity of importers, 
including nonresident importers, seeking to im-
port merchandise into the United States to the 
extent reasonable and practicable; and 
‘‘(B) maintaining records of the informa-
tion used to substantiate a person’s identity, in-
cluding name, address, and other identifying in-
formation. 
‘‘(3) PENALTIES.—Any customs broker who 
fails to collect information required under the regu-
lations prescribed under this subsection shall be lia-
ble 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 
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subject to revocation or suspension of a license or 
permit of the customs broker pursuant to the proce-
dures set forth in subsection (d). 
‘‘(4) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘importer’ means one of the 
parties qualifying as an importer of record 
under section 484(a)(2)(B); and 
‘‘(B) the term ‘nonresident importer’ 
means an importer who is— 
‘‘(i) an individual who is not a citizen 
of the United States or an alien lawfully 
admitted for permanent residence in the 
United States; or 
‘‘(ii) a partnership, corporation, or 
other commercial entity that is not orga-
nized under the laws of a jurisdiction with-
in 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 Is-
lands of the United States.’’. 
(b) STUDY AND REPORT REQUIRED.—Not later than 
180 days after the date of enactment of this Act, the Com-
missioner shall submit to Congress a report containing 
recommendations for— 
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(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 for-
eign nationals necessary to enable customs brokers 
to comply with the requirements of section 641(i) of 
the Tariff Act of 1930 (as added by subsection (a)); 
and 
(2) establishing a system for customs brokers to 
review information maintained by relevant Federal 
agencies for purposes of verifying the identities of 
importers, including nonresident importers, seeking 
to import merchandise into the United States. 
SEC. 117. REQUIREMENTS APPLICABLE TO NON-RESIDENT 
IMPORTERS. 
(a) IN GENERAL.—Part III of title IV of the Tariff 
Act of 1930 (19 U.S.C. 1481 et seq.) is amended by in-
serting after section 484b the following new section: 
‘‘SEC. 484c. REQUIREMENTS APPLICABLE TO NON-RESI-
DENT IMPORTERS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), if an importer of record under section 484 of this Act 
is not a resident of the United States, the Commissioner 
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of U.S. Customs and Border Protection shall require the 
non-resident importer to designate a resident agent in the 
United States subject to the requirements described in 
subsection (b). 
‘‘(b) REQUIREMENTS.—The requirements described 
in this subsection are the following: 
‘‘(1) The resident agent shall be authorized to 
accept service of process against the non-resident 
importer in connection with the importation of mer-
chandise. 
‘‘(2) The Commissioner of U.S. Customs and 
Border Protection shall require the non-resident im-
porter to establish a power of attorney with the resi-
dent agent in connection with the importation of 
merchandise. 
‘‘(c) NON-APPLICABILITY.—The requirements of this 
section shall not apply with respect to a non-resident im-
porter who is a validated Tier 2 or Tier 3 participant in 
the Customs-Trade Partnership Against Terrorism pro-
gram established under subtitle B of title II of the SAFE 
Port Act (6 U.S.C. 961 et seq.). 
‘‘(d) PENALTIES.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person to import into the United States any mer-
chandise in violation of this section. 
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authorities, to improve communication and coordina-
tion among such agencies and authorities with re-
spect to ensuring the safety of merchandise imported 
into the United States and the expeditious entry of 
such merchandise; and 
(6) otherwise identifying appropriate steps to 
increase the accountability of United States import-
ers and the engagement of foreign government agen-
cies with respect to ensuring the safety of merchan-
dise imported into the United States and the expedi-
tious entry of such merchandise. 
SEC. 202. JOINT IMPORT SAFETY RAPID RESPONSE PLAN. 
(a) IN GENERAL.—Not later than December 31, 
2016, the Secretary of Homeland Security, in consultation 
with the interagency Import Safety Working Group, 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 coordi-
nating Federal responses to, an incident in which 
cargo destined for or merchandise entering the 
United States has been identified as posing a threat 
to the health or safety of consumers in the United 
States; and 
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(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 re-
sponse plan shall address— 
(1) the statutory and regulatory authorities and 
responsibilities of U.S. Customs and Border Protec-
tion 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 re-
sponses 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 inci-
dent to ensure the resumption of the entry of mer-
chandise 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 
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rapid response plan, as appropriate, after conducting exer-
cises under subsection (d). 
(d) IMPORT HEALTH AND SAFETY EXERCISES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security and the Commissioner shall periodically en-
gage in the exercises referred to in subsection (b)(4), 
in conjunction with Federal, State, and local agen-
cies and private sector entities, as appropriate, to 
test and evaluate the protocols and practices identi-
fied in the joint import safety rapid response plan at 
United States ports of entry. 
(2) REQUIREMENTS FOR EXERCISES.—In con-
ducting exercises under paragraph (1), the Secretary 
and the Commissioner shall— 
(A) make allowance for the resources, 
needs, and constraints of United States ports of 
entry of different sizes in representative geo-
graphic locations across the United States; 
(B) base evaluations on current risk as-
sessments of merchandise entering the United 
States at representative United States ports of 
entry located across the United States; 
(C) ensure that such exercises are con-
ducted in a manner consistent with the Na-
tional Incident Management System, the Na-
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tional Response Plan, the National Infrastruc-
ture Protection Plan, the National Prepared-
ness Guidelines, the Maritime Transportation 
System Security Plan, and other such national 
initiatives of the Department of Homeland Se-
curity, as appropriate; and 
(D) develop metrics with respect to the re-
sumption of the entry of merchandise into the 
United States after an incident described in 
subsection (a)(1). 
(3) REQUIREMENTS FOR TESTING AND EVALUA-
TION.—The Secretary and the Commissioner shall 
ensure that the testing and evaluation carried out in 
conducting exercises under paragraph (1)— 
(A) are performed using clear and objec-
tive performance measures; and 
(B) result in the identification of specific 
recommendations or best practices for respond-
ing to an incident described in subsection 
(a)(1). 
(4) DISSEMINATION
OF
RECOMMENDATIONS 
AND
BEST
PRACTICES.—The Secretary and the 
Commissioner shall— 
(A) share the recommendations or best 
practices identified under paragraph (3)(B) 
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among the members of the interagency Import 
Safety Working Group and with, as appro-
priate— 
(i) State, local, and tribal govern-
ments; 
(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 ensur-
ing the safety of merchandise imported into the United 
States and the expeditious entry of such merchandise. 
TITLE 
III—IMPORT-RELATED 
PROTECTION OF INTELLEC-
TUAL 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 intel-
lectual property rights that are enforced by U.S. Customs 
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and Border Protection or U.S. Immigration and Customs 
Enforcement. 
SEC. 302. EXCHANGE OF INFORMATION RELATED TO 
TRADE ENFORCEMENT. 
(a) IN GENERAL.—The Tariff Act of 1930 is amend-
ed 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 responsible for U.S. Customs and 
Border Protection suspects that merchandise is being im-
ported 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 ex-
amination or testing of the merchandise by a person de-
scribed in subsection (b) would assist the Commissioner 
in determining if the merchandise is being imported in vio-
lation 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 mer-
chandise and its packaging and labels; and 
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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 trade-
mark or copyright that is recorded with U.S. Customs and 
Border Protection. 
‘‘(d) EXCEPTION.—The Commissioner may not pro-
vide under subsection (a) information, photographs, or 
samples to a person described in subsection (b) if pro-
viding such information, photographs, or samples would 
compromise an ongoing law enforcement investigation or 
national security.’’. 
(b) TERMINATION OF PREVIOUS AUTHORITY.—Not-
withstanding paragraph (2) of section 818(g) of the Na-
tional Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1496; 10 U.S.C. 2302 
note), paragraph (1) of that section shall have no force 
or effect on or after the date of the enactment of this Act. 
SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES. 
(a) IN GENERAL.—Section 596(c)(2) of the Tariff 
Act of 1930 (19 U.S.C. 1595a(c)(2)) is amended— 
(1) in subparagraph (E), by striking ‘‘or’’; 
(2) in subparagraph (F), by striking the period 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
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‘‘(G) U.S. Customs and Border Protection 
determines it is a technology, product, service, 
device, component, or part thereof the importa-
tion of which is prohibited under subsection 
(a)(2) or (b)(1) of section 1201 of title 17, 
United States Code.’’. 
(b) NOTIFICATION OF PERSONS INJURED.— 
(1) IN GENERAL.—Not later than the date that 
is 30 business days after seizing merchandise pursu-
ant 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 merchan-
dise seized for violation of the copyright laws. 
(2) PERSONS
TO
BE
PROVIDED
INFORMA-
TION.—Any person injured by the violation of (a)(2) 
or (b)(1) of section 1201 of title 17, United States 
Code, that resulted in the seizure of the merchandise 
shall be provided information under paragraph (1), 
if that person is included on a list maintained by the 
Commissioner that is revised annually through publi-
cation in the Federal Register. 
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(3) REGULATIONS.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of the Treasury shall prescribe regulations es-
tablishing procedures that implement this sub-
section. 
SEC. 304. ENFORCEMENT BY U.S. CUSTOMS AND BORDER 
PROTECTION OF WORKS FOR WHICH COPY-
RIGHT REGISTRATION IS PENDING. 
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 authorize a process pursuant to which 
the Commissioner shall enforce a copyright for which the 
owner has submitted an application for registration under 
title 17, United States Code, with the United States Copy-
right Office, to the same extent and in the same manner 
as if the copyright were registered with the Copyright Of-
fice, including by sharing information, images, and sam-
ples of merchandise suspected of infringing the copyright 
under section 628A of the Tariff Act of 1930, as added 
by section 302. 
SEC. 305. NATIONAL INTELLECTUAL PROPERTY RIGHTS 
COORDINATION CENTER. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall— 
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(1) establish within U.S. Immigration and Cus-
toms Enforcement a National Intellectual Property 
Rights Coordination Center; and 
(2) appoint an Assistant Director to head the 
National Intellectual Property Rights Coordination 
Center. 
(b) DUTIES.—The Assistant Director of the National 
Intellectual Property Rights Coordination Center shall— 
(1) coordinate the investigation of sources of 
merchandise that infringe intellectual property rights 
to identify organizations and individuals that 
produce, smuggle, or distribute such merchandise; 
(2) conduct and coordinate training with other 
domestic and international law enforcement agencies 
on investigative best practices— 
(A) to develop and expand the capability of 
such agencies to enforce intellectual property 
rights; and 
(B) to develop metrics to assess whether 
the training improved enforcement of intellec-
tual property rights; 
(3) coordinate, with U.S. Customs and Border 
Protection, activities conducted by the United States 
to prevent the importation or exportation of mer-
chandise that infringes intellectual property rights; 
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(4) support the international interdiction of 
merchandise destined for the United States that in-
fringes intellectual property rights; 
(5) collect and integrate information regarding 
infringement of intellectual property rights from do-
mestic and international law enforcement agencies 
and other non-Federal sources; 
(6) develop a means to receive and organize in-
formation regarding infringement of intellectual 
property rights from such agencies and other 
sources; 
(7) disseminate information regarding infringe-
ment of intellectual property rights to other Federal 
agencies, as appropriate; 
(8) develop and implement risk-based alert sys-
tems, in coordination with U.S. Customs and Border 
Protection, to improve the targeting of persons that 
repeatedly infringe intellectual property rights; 
(9) coordinate with the offices of United States 
attorneys in order to develop expertise in, and assist 
with the investigation and prosecution of, crimes re-
lating to the infringement of intellectual property 
rights; and 
(10) carry out such other duties as the Sec-
retary of Homeland Security may assign. 
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(c) COORDINATION WITH OTHER AGENCIES.—In 
carrying out the duties described in subsection (b), the As-
sistant 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 Rep-
resentative; 
(7) any Federal, State, local, or international 
law enforcement agencies that the Director of U.S. 
Immigration and Customs Enforcement considers 
appropriate; and 
(8) any other entities that the Director con-
siders appropriate. 
(d) PRIVATE SECTOR OUTREACH.— 
(1) IN GENERAL.—The Assistant Director of 
the National Intellectual Property Rights Coordina-
tion Center shall work with U.S. Customs and Bor-
der Protection and other Federal agencies to con-
duct outreach to private sector entities in order to 
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determine trends in and methods of infringing intel-
lectual property rights. 
(2) INFORMATION SHARING.—The Assistant Di-
rector shall share information and best practices 
with respect to the enforcement of intellectual prop-
erty rights with private sector entities, as appro-
priate, in order to coordinate public and private sec-
tor 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. Immigra-
tion and Customs Enforcement shall include in the joint 
strategic plan required by section 105 of this Act— 
(1) a description of the efforts of the Depart-
ment of Homeland 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 merchandise, both by volume and by 
value, that infringes intellectual property rights dur-
ing the most recent 2-year period for which data are 
available; and 
(3) a recommendation for the optimal allocation 
of personnel, resources, and technology to ensure 
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that U.S. Customs and Border Protection and U.S. 
Immigration and Customs Enforcement are ade-
quately enforcing intellectual property rights. 
SEC. 307. PERSONNEL DEDICATED TO THE ENFORCEMENT 
OF INTELLECTUAL PROPERTY RIGHTS. 
(a) PERSONNEL OF U.S. CUSTOMS AND BORDER 
PROTECTION.—The Commissioner and the Director of 
U.S. Immigration and Customs Enforcement shall ensure 
that sufficient personnel are assigned throughout U.S. 
Customs and Border Protection and U.S. Immigration 
and Customs Enforcement, respectively, who have respon-
sibility for preventing the importation into the United 
States of merchandise that infringes intellectual property 
rights. 
(b) STAFFING OF NATIONAL INTELLECTUAL PROP-
ERTY RIGHTS COORDINATION CENTER.—The Commis-
sioner shall— 
(1) assign not fewer than 3 full-time employees 
of U.S. Customs and Border Protection to the Na-
tional Intellectual Property Rights Coordination 
Center established under section 305 of this Act; 
and 
(2) ensure that sufficient personnel are as-
signed to United States ports of entry to carry out 
the directives of the Center. 
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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 des-
tined for the United States that infringes intellectual 
property rights, including through the use of technologies 
identified under subsection (c). 
(b) CONSULTATION WITH PRIVATE SECTOR.—The 
Commissioner shall consult with private sector entities to 
better identify opportunities for collaboration between 
U.S. Customs and Border Protection and such entities 
with respect to training for officers of U.S. Customs and 
Border Protection in enforcing intellectual property rights. 
(c) IDENTIFICATION OF NEW TECHNOLOGIES.—In 
consultation with private sector entities, the Commissioner 
shall identify— 
(1) technologies with the cost-effective capa-
bility to detect and identify merchandise at United 
States ports of entry that infringes intellectual prop-
erty rights; and 
(2) cost-effective programs for training officers 
of U.S. Customs and Border Protection to use such 
technologies. 
(d) DONATIONS OF TECHNOLOGY.—Not later than 
the date that is 180 days after the date of the enactment 
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of this Act, the Commissioner shall prescribe regulations 
to enable U.S. Customs and Border Protection to receive 
donations of hardware, software, equipment, and similar 
technologies, and to accept training and other support 
services, from private sector entities, for the purpose of 
enforcing intellectual property rights. 
SEC. 309. INTERNATIONAL COOPERATION AND INFORMA-
TION SHARING. 
(a) COOPERATION.—The Secretary of Homeland Se-
curity shall coordinate with the competent law enforce-
ment and customs authorities of foreign countries, includ-
ing by sharing information relevant to enforcement ac-
tions, to enhance the efforts of the United States and such 
authorities to enforce intellectual property rights. 
(b) TECHNICAL
ASSISTANCE.—The Secretary of 
Homeland Security shall provide technical assistance to 
competent law enforcement and customs authorities of for-
eign countries to enhance the ability of such authorities 
to enforce intellectual property rights. 
(c) INTERAGENCY COLLABORATION.—The Commis-
sioner 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. 
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SEC. 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS 
ENFORCEMENT. 
Not later than June 30, 2016, and annually there-
after, the Commissioner and the Director of U.S. Immi-
gration and Customs Enforcement shall jointly submit to 
the Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Representa-
tives a report that contains the following: 
(1) With respect to the enforcement of intellec-
tual property rights, the following: 
(A) The number of referrals from U.S. 
Customs and Border Protection to U.S. Immi-
gration and Customs Enforcement relating to 
infringement of intellectual property rights dur-
ing the preceding year. 
(B) The number of investigations relating 
to the infringement of intellectual property 
rights referred by U.S. Immigration and Cus-
toms 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 ac-
cepted by each such United States attorney and 
the status or outcome of each such investiga-
tion. 
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(D) The number of such investigations 
that resulted in the imposition of civil or crimi-
nal penalties. 
(E) A description of the efforts of U.S. 
Custom and Border Protection and U.S. Immi-
gration and Customs Enforcement to improve 
the success rates of investigations and prosecu-
tions relating to the infringement of intellectual 
property rights. 
(2) An estimate of the average time required by 
the Office of International Trade of U.S. Customs 
and Border Protection to respond to a request from 
port personnel for advice with respect to whether 
merchandise detained by U.S. Customs and Border 
Protection infringed intellectual property rights, dis-
tinguished by types of intellectual property rights in-
fringed. 
(3) A summary of the outreach efforts of U.S. 
Customs and Border Protection and U.S. Immigra-
tion 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; 
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under section 308 of this Act and expenditures for 
such training. 
SEC. 311. INFORMATION FOR TRAVELERS REGARDING VIO-
LATIONS 
OF 
INTELLECTUAL 
PROPERTY 
RIGHTS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity 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 intel-
lectual property rights outside the United States and im-
porting such merchandise into the United States in viola-
tion 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 enact-
ment of this Act include a written warning to inform trav-
elers arriving in the United States that importation of 
merchandise into the United States that infringes intellec-
tual property rights may subject travelers to civil or crimi-
nal penalties and may pose serious risks to safety or 
health. 
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TITLE IV—PREVENTION OF EVA-
SION OF ANTIDUMPING AND 
COUNTERVAILING DUTY OR-
DERS 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Preventing Recurring 
Trade Evasion and Circumvention Act’’ or ‘‘PROTECT 
Act’’. 
SEC. 402. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Finance and the 
Committee on Appropriations of the Senate; 
and 
(B) the Committee on Ways and Means 
and the Committee on Appropriations of the 
House of Representatives. 
(2) COVERED MERCHANDISE.—The term ‘‘cov-
ered merchandise’’ means merchandise that is sub-
ject to— 
(A) a countervailing duty order issued 
under section 706 of the Tariff Act of 1930; or 
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(B) an antidumping duty order issued 
under section 736 of the Tariff Act of 1930. 
(3) ELIGIBLE SMALL BUSINESS.— 
(A) IN
GENERAL.—The term ‘‘eligible 
small business’’ means any business concern 
which, in the Commissioner’s judgment, due to 
its small size, has neither adequate internal re-
sources nor financial ability to obtain qualified 
outside assistance in preparing and submitting 
for consideration allegations of evasion. 
(B) 
NON-REVIEWABILITY.—Any 
agency 
decision regarding whether a business concern 
is an eligible small business for purposes of sec-
tion 411(b)(4)(E) is not reviewable by any 
other agency or by any court. 
(4) ENTER; ENTRY.—The terms ‘‘enter’’ and 
‘‘entry’’ refer to the entry, or withdrawal from ware-
house for consumption, in the customs territory of 
the United States. 
(5) EVADE; EVASION.—The terms ‘‘evade’’ and 
‘‘evasion’’ refer to entering covered merchandise into 
the customs territory of the United States by means 
of any document or electronically transmitted data 
or information, written or oral statement, or act that 
is material and false, or any omission that is mate-
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rial, and that results in any cash deposit or other se-
curity or any amount of applicable antidumping or 
countervailing duties being reduced or not being ap-
plied with respect to the merchandise. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
(7) TRADE REMEDY LAWS.—The term ‘‘trade 
remedy laws’’ means title VII of the Tariff Act of 
1930. 
SEC. 403. APPLICATION TO CANADA AND MEXICO. 
Pursuant to article 1902 of the North American Free 
Trade Agreement and section 408 of the North American 
Free Trade Agreement Implementation Act (19 U.S.C. 
3438), this title and the amendments made by this title 
shall apply with respect to goods from Canada and Mexico. 
Subtitle A—Actions Relating to En-
forcement 
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 Of-
fice of International Trade of U.S. Customs and 
Border Protection, established under section 2(d) of 
the Act of March 3, 1927 (44 Stat. 1381, chapter 
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348; 19 U.S.C. 2072(d)), a Trade Remedy Law En-
forcement Division. 
(2) COMPOSITION.—The Trade Law Remedy 
Enforcement Division shall be composed of— 
(A) headquarters personnel led by a Direc-
tor, who shall report to the Assistant Commis-
sioner of the Office of International Trade; and 
(B) a National Targeting and Analysis 
Group dedicated to preventing and countering 
evasion. 
(3) DUTIES.—The Trade Remedy Law Enforce-
ment Division shall be dedicated— 
(A) to the development and administration 
of policies to prevent and counter evasion; 
(B) to direct enforcement and compliance 
assessment activities concerning evasion; 
(C) to the development and conduct of 
commercial risk assessment targeting with re-
spect 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 suf-
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ficiently protect the collection of antidumping 
and countervailing duties commensurate with 
the level of risk of noncollection. 
(b) DUTIES OF DIRECTOR.—The duties of the Direc-
tor of the Trade Remedy Law Enforcement Division shall 
include— 
(1) directing the trade enforcement and compli-
ance assessment activities of U.S. Customs and Bor-
der Protection that concern evasion; 
(2) facilitating, promoting, and coordinating co-
operation and the exchange of information between 
U.S. Customs and Border Protection, U.S. Immigra-
tion and Customs Enforcement, and other relevant 
agencies regarding evasion; 
(3) notifying on a timely basis the admin-
istering 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 ac-
tion 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 re-
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garding United States Government activities con-
cerning evasion, including— 
(A) receive and transmit to the appropriate 
U.S. Customs and Border Protection office alle-
gations from parties of evasion; 
(B) upon request by the party or parties 
that submitted an allegation of evasion, provide 
information to such party or parties on the sta-
tus of U.S. Customs and Border Protection’s 
consideration of the allegation and decision to 
pursue or not pursue any administrative inquir-
ies or other actions, such as changes in policies, 
procedures, or resource allocation as a result of 
the allegation; 
(C) as needed, request from the party or 
parties that submitted an allegation of evasion 
any additional information that may be relevant 
for U.S. Customs and Border Protection deter-
mining whether to initiate an administrative in-
quiry or take any other action regarding the al-
legation; 
(D) notify on a timely basis the party or 
parties that submitted such an allegation of the 
results of any administrative, civil or criminal 
actions taken by U.S. Customs and Border Pro-
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tection or other Federal agency regarding eva-
sion as a direct or indirect result of the allega-
tion; 
(E) upon request, provide technical assist-
ance and advice to eligible small businesses to 
enable such businesses to prepare and submit 
allegations of evasion, except that the Director 
may deny assistance if the Director concludes 
that the allegation, if submitted, would not lead 
to the initiation of an administrative inquiry or 
any other action to address the allegation; 
(F) in cooperation with the public, the 
Commercial Customs Operations Advisory Com-
mittee, the Trade Support Network, and any 
other relevant parties and organizations, de-
velop guidelines on the types and nature of in-
formation that may be provided in allegations 
of evasion; and 
(G) regularly consult with the public, the 
Commercial Customs Operations Advisory Com-
mittee, the Trade Support Network, and any 
other relevant parties and organizations regard-
ing the development and implementation of reg-
ulations, interpretations, and policies related to 
countering evasion. 
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(c) PREVENTING AND COUNTERING EVASION OF THE 
TRADE REMEDY LAWS.—In carrying out its duties with 
respect to preventing and countering evasion, the National 
Targeting and Analysis Group dedicated to preventing and 
countering evasion shall— 
(1) establish targeted risk assessment meth-
odologies and standards— 
(A) for evaluating the risk that cargo des-
tined for the United States may constitute 
evading covered merchandise; and 
(B) for issuing, as appropriate, Trade 
Alerts described in subsection (d); and 
(2) to the extent practicable and otherwise au-
thorized by law, use information available from the 
Automated Commercial System, the Automated 
Commercial Environment computer system, the 
Automated Targeting System, the Automated Ex-
port System, the International Trade Data System, 
and the TECS, and any similar and successor sys-
tems, 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 
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Alerts or other such means of notification to directors of 
United States ports of entry directing further inspection, 
physical examination, or testing of merchandise to ensure 
compliance with the trade remedy laws and to require ad-
ditional 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 de-
termine whether covered merchandise is being entered into 
the customs territory of the United States through eva-
sion, the Secretary, acting through the Commissioner— 
(1) shall exercise all existing authorities to col-
lect information needed to make the determination; 
and 
(2) may collect such additional information as 
is necessary to make the determination through such 
methods as the Commissioner considers appropriate, 
including by issuing questionnaires with respect to 
the entry or entries at issue to— 
(A) a person who filed an allegation with 
respect to the covered merchandise; 
(B) a person who is alleged to have en-
tered the covered merchandise into the customs 
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territory of the United States through evasion; 
or 
(C) any other person who is determined to 
have information relevant to the allegation of 
entry of covered merchandise into the customs 
territory of the United States through evasion. 
(b) ADVERSE INFERENCE.— 
(1) IN GENERAL.—If the Secretary finds that a 
person who filed an allegation, a person alleged to 
have entered covered merchandise into the customs 
territory of the United States through evasion, or a 
foreign producer or exporter of covered merchandise 
that is alleged to have entered into the customs ter-
ritory of the United States through evasion, has 
failed to cooperate by not acting to the best of the 
person’s ability to comply with a request for infor-
mation, the Secretary may, in making a determina-
tion whether an entry or entries of covered merchan-
dise may constitute merchandise that is entered into 
the customs territory of the United States through 
evasion, use an inference that is adverse to the inter-
ests of that person in selecting from among the facts 
otherwise available to determine whether evasion has 
occurred. 
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(2) ADVERSE INFERENCE DESCRIBED.—An ad-
verse inference used under paragraph (1) may in-
clude reliance on information 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 
Trade Act of 1930 (19 U.S.C. 1677f(b)(1)(A)(ii)) is 
amended by inserting ‘‘negligence, gross negligence, or’’ 
after ‘‘regarding’’. 
(b) ADDITIONAL
INFORMATION.—Notwithstanding 
any other provision of law, the Secretary is authorized to 
provide to the Secretary of Commerce or the United States 
International Trade Commission any information that is 
necessary to enable the Secretary of Commerce or the 
United States International Trade Commission to assist 
the Secretary to identify, through risk assessment tar-
geting or otherwise, covered merchandise that is entered 
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into the customs territory of the United States through 
evasion. 
SEC. 414. COOPERATION WITH FOREIGN COUNTRIES ON 
PREVENTING EVASION OF TRADE REMEDY 
LAWS. 
(a) BILATERAL AGREEMENTS.— 
(1) IN GENERAL.—The Secretary shall seek to 
negotiate and enter into bilateral agreements with 
the customs authorities or other appropriate authori-
ties 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 Sec-
retary shall seek to include in each such bilateral 
agreement the following provisions and authorities: 
(A) On the request of the importing coun-
try, the exporting country shall provide, con-
sistent with its laws, regulations, and proce-
dures, 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. 
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100 
(B) On the written request of the import-
ing country, the exporting country shall conduct 
a verification for purposes of enabling the im-
porting country to make a determination de-
scribed in subparagraph (A). 
(C) The exporting country may allow the 
importing 
country 
to 
participate 
in 
a 
verification described in subparagraph (B), in-
cluding 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 con-
sideration in its trade enforcement and compli-
ance assessment activities regarding the compli-
ance of the exporting country’s exports with the 
importing country’s trade remedy laws. 
(b) CONSIDERATION.—The Commissioner is author-
ized to take into consideration whether a country is a sig-
natory to a bilateral agreement described in subsection (a) 
and the extent to which the country is cooperating under 
the bilateral agreement for purposes of trade enforcement 
and compliance assessment activities of U.S. Customs and 
Border Protection that concern evasion by such country’s 
exports. 
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101 
(c) REPORT.—Not later than December 31 of each 
year beginning after the date of the enactment of this Act, 
the Secretary shall submit to the appropriate congres-
sional committees a report summarizing— 
(1) the status of any ongoing negotiations of bi-
lateral agreements described in subsection (a), in-
cluding the identities of the countries involved in 
such negotiations; 
(2) the terms of any completed bilateral agree-
ments 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 bilat-
eral 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 negotia-
tions. 
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102 
Subtitle B—Investigation of 
Evasion of Trade Remedy Laws 
SEC. 421. PROCEDURES FOR INVESTIGATION OF EVASION 
OF 
ANTIDUMPING 
AND 
COUNTERVAILING 
DUTY ORDERS. 
(a) IN GENERAL.—Title VII of the Tariff Act of 
1930 (19 U.S.C. 1671 et seq.) is amended by inserting 
after section 781 the following: 
‘‘SEC. 781A. PROCEDURES FOR PREVENTION OF EVASION 
OF 
ANTIDUMPING 
AND 
COUNTERVAILING 
DUTY ORDERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTERING
AUTHORITY.—The term 
‘administering authority’ has the meaning given that 
term in section 771. 
‘‘(2) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner responsible for U.S. 
Customs and Border Protection. 
‘‘(3) COVERED MERCHANDISE.—The term ‘cov-
ered merchandise’ means merchandise that is subject 
to— 
‘‘(A) a countervailing duty order issued 
under section 706; or 
‘‘(B) an antidumping duty order issued 
under section 736. 
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103 
‘‘(4) EVASION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘evasion’ refers to 
entering covered merchandise into the customs 
territory of the United States by means of any 
document or electronically transmitted data or 
information, written or oral statement, or act 
that is material and false, or any omission that 
is material, and that results in any cash deposit 
or other security or any amount of applicable 
antidumping or countervailing duties being re-
duced or not being applied with respect to the 
merchandise. 
‘‘(B) EXCEPTION FOR CLERICAL ERROR.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided 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, writ-
ten or oral statement, or act that is 
false as a result of a clerical error; or 
‘‘(II) an omission that results 
from a clerical error. 
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109 
‘‘(C) BUSINESS
PROPRIETARY
INFORMA-
TION FROM PRIOR SEGMENTS.—Where an au-
thorized representative to an interested party 
participating in an investigation under para-
graph (1) has access to business proprietary in-
formation released pursuant to administrative 
protective order in a proceeding under 19 
U.S.C. 1671 et seq., 1673 et seq., or 1675 et 
seq. that is relevant to the investigation con-
ducted under paragraph (1), that authorized 
representative may submit such information to 
the administering authority for its consideration 
in the context of the investigation conducted 
under paragraph (1). 
‘‘(4) AUTHORITY TO COLLECT AND VERIFY AD-
DITIONAL INFORMATION.—In making a determina-
tion under paragraph (2) with respect to covered 
merchandise, the administering authority may collect 
such additional information as is necessary to make 
the determination through such methods as the ad-
ministering authority considers appropriate, includ-
ing by— 
‘‘(A) issuing a questionnaire with respect 
to such covered merchandise to— 
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110 
‘‘(i) a person that filed an allegation 
under paragraph (1)(B)(ii) that resulted in 
the initiation of an investigation under 
paragraph (1)(A) with respect to such cov-
ered merchandise; 
‘‘(ii) a person alleged to have entered 
such covered merchandise into the customs 
territory of the United States through eva-
sion; 
‘‘(iii) a person that is a foreign pro-
ducer or exporter of such covered merchan-
dise; 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; 
and 
‘‘(C) requesting— 
‘‘(i) that the Commissioner provide 
any information and data available to U.S. 
Customs and Border Protection, and 
‘‘(ii) that the Commissioner gather 
additional necessary information from the 
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111 
importer of covered merchandise and other 
relevant parties. 
‘‘(5) ADVERSE
INFERENCE.—If the admin-
istering authority finds that a person described in 
clause (i), (ii), or (iii) of paragraph (4)(A) has failed 
to cooperate by not acting to the best of the person’s 
ability to comply with a request for information, the 
administering authority may, in making a deter-
mination under paragraph (2), use an inference that 
is adverse to the interests of that person in selecting 
from among the facts otherwise available to make 
the determination. 
‘‘(6) EFFECT
OF
AFFIRMATIVE
PRELIMINARY 
DETERMINATION.—If the administering authority 
makes a preliminary determination under paragraph 
(2)(A) that merchandise is covered merchandise, the 
administering authority shall instruct U.S. Customs 
and Border Protection— 
‘‘(A) to suspend liquidation of each entry 
of the merchandise that— 
‘‘(i) enters on or after the date of the 
preliminary determination; or 
‘‘(ii) enters before that date, if the liq-
uidation of the entry is not final on that 
date; and 
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112 
‘‘(B) to require the posting of a cash de-
posit for each entry of the merchandise in an 
amount determined pursuant to the order or 
finding described in subsection (a)(2)(A)(i), or 
administrative review conducted under section 
751, that applies to the merchandise. 
‘‘(7) EFFECT OF AFFIRMATIVE FINAL DETER-
MINATION.— 
‘‘(A) IN GENERAL.—If the administering 
authority makes a final determination under 
paragraph (2)(B) that merchandise is covered 
merchandise, the administering authority shall 
instruct U.S. Customs and Border Protection— 
‘‘(i) to assess duties on the merchan-
dise in an amount determined pursuant to 
the order or finding described in subsection 
(a)(2)(A)(i), or administrative review con-
ducted under section 751, that applies to 
the merchandise; 
‘‘(ii) notwithstanding section 501, to 
reliquidate, in accordance with such order, 
finding, or administrative review, each 
entry of the merchandise that was liq-
uidated and is determined to include cov-
ered merchandise; and 
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113 
‘‘(iii) to review and reassess the 
amount of bond or other security the im-
porter is required to post for such mer-
chandise entered on or after the date of 
the final determination to ensure the pro-
tection of revenue and compliance with the 
law. 
‘‘(B) ADDITIONAL AUTHORITY.—If the ad-
ministering authority makes a final determina-
tion under paragraph (2)(B) that merchandise 
is covered merchandise, the administering au-
thority may instruct U.S. Customs and Border 
Protection to require the importer of the mer-
chandise to post a cash deposit or bond on such 
merchandise entered on or after the date of the 
final determination in an amount the admin-
istering authority determines in the final deter-
mination to be owed with respect to the mer-
chandise. 
‘‘(8) EFFECT OF NEGATIVE FINAL DETERMINA-
TION.—If the administering authority makes a final 
determination under paragraph (2)(B) that mer-
chandise is not covered merchandise, the admin-
istering authority shall terminate the suspension of 
liquidation and refund any cash deposit imposed 
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114 
pursuant to paragraph (6) with respect to the mer-
chandise. 
‘‘(9) NOTIFICATION.—Not later than 5 business 
days after making a determination under paragraph 
(2) with respect to covered merchandise, the admin-
istering authority may provide to importers, in such 
manner as the administering authority determines 
appropriate, information discovered in the investiga-
tion that the administering authority determines will 
help educate importers with respect to importing 
merchandise into the customs territory of the United 
States in accordance with all applicable laws and 
regulations. 
‘‘(10) SPECIAL RULE FOR CASES IN WHICH THE 
PRODUCER OR EXPORTER IS UNKNOWN.—If the ad-
ministering authority is unable to determine the ac-
tual producer or exporter of the merchandise with 
respect to which the administering authority initi-
ated an investigation under paragraph (1), the ad-
ministering authority shall, in requiring the posting 
of a cash deposit under paragraph (6) or assessing 
duties pursuant to paragraph (7)(A), impose the 
cash deposit or duties (as the case may be) in the 
highest amount applicable to any producer or ex-
porter of the merchandise pursuant to any order or 
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115 
finding described in subsection (a)(2)(A)(i), or any 
administrative review conducted under section 751. 
‘‘(11) PUBLICATION
OF
DETERMINATIONS.— 
The administering authority shall publish each no-
tice of initiation of investigation made under para-
graph (1)(A), each preliminary determination made 
under paragraph (2)(A) and each final determina-
tion made under paragraph (2)(B) in the Federal 
Register. 
‘‘(12) REFERRALS TO OTHER AGENCIES.— 
‘‘(A) AFTER
PRELIMINARY
DETERMINA-
TION.—Notwithstanding section 777 and sub-
ject to subparagraph (C), when the admin-
istering authority makes an affirmative prelimi-
nary determination under paragraph (2)(A), the 
administering authority shall— 
‘‘(i) 
transmit 
the 
administrative 
record to the Commissioner for such addi-
tional action as the Commissioner deter-
mines appropriate, including proceedings 
under section 592; and 
‘‘(ii) at the request of the head of an-
other agency, transmit the administrative 
record to the head of that agency. 
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117 
‘‘(i) copies of the entry documents and 
information required by section 484(a)(1) 
relating to the merchandise; and 
‘‘(ii) any additional records or infor-
mation that the Commissioner considers 
appropriate. 
‘‘(d) COOPERATION BETWEEN U.S. CUSTOMS AND 
BORDER PROTECTION AND THE DEPARTMENT OF COM-
MERCE.— 
‘‘(1) NOTIFICATION
OF
INVESTIGATIONS.— 
Upon receiving a petition and upon initiating an in-
vestigation under subsection (b), the administering 
authority shall notify the Commissioner. 
‘‘(2) PROCEDURES
FOR
COOPERATION.—Not 
later than 180 days after the date of the enactment 
of this Act, the Commissioner and the administering 
authority shall establish procedures to ensure max-
imum cooperation and communication between U.S. 
Customs and Border Protection and the admin-
istering authority in order to quickly, efficiently, and 
accurately investigate allegations of evasion of anti-
dumping and countervailing duty orders. 
‘‘(e) ANNUAL REPORT ON PREVENTING EVASION OF 
ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.— 
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118 
‘‘(1) IN GENERAL.—Not later than February 
28 of each year beginning in 2016, the Under Sec-
retary for International Trade of the Department of 
Commerce shall submit to the Committee on Fi-
nance and the Committee on Appropriations of the 
Senate and the Committee on Ways and Means and 
the Committee on Appropriations of the House of 
Representatives a report on the efforts being taken 
under subsection (b) to prevent evasion of anti-
dumping and countervailing duty orders. 
‘‘(2) CONTENTS.—Each report required by 
paragraph (1) shall include, for the year preceding 
the submission of the report— 
‘‘(A)(i) the number of investigations initi-
ated pursuant to subsection (b); and 
‘‘(ii) a description of such investigations, 
including— 
‘‘(I) the results of such investigations; 
and 
‘‘(II) the amount of antidumping and 
countervailing duties collected as a result 
of such investigations; and 
‘‘(B) the number of referrals made by the 
Commissioner pursuant to subsection (c).’’. 
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(b) TECHNICAL AMENDMENT.—The table of contents 
for title VII of the Tariff Act of 1930 is amended by in-
serting after the item relating to section 781 the following: 
‘‘Sec. 781A. Procedures for prevention of evasion of antidumping and counter-
vailing duty orders.’’. 
(c) JUDICIAL REVIEW.—Section 516A(a)(2) of the 
Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)) is amended— 
(1) in subparagraph (A)(i)(I), by striking ‘‘or 
(viii)’’ and inserting ‘‘(viii), or (ix)’’; and 
(2) in subparagraph (B), by inserting at the 
end the following: 
‘‘(ix) A determination by the admin-
istering authority under section 781A.’’. 
(d) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act— 
(1) the Secretary of Commerce shall prescribe 
such regulations as may be necessary to carry out 
subsection (b) of section 781A of the Tariff Act of 
1930 (as added by subsection (a) of this section); 
and 
(2) the Commissioner responsible for U.S. Cus-
toms and Border Protection shall prescribe such reg-
ulations as may be necessary to carry out subsection 
(c) of such section 781A. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall— 
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(1) take effect on the date that is 180 days 
after the date of the enactment of this Act; and 
(2) apply with respect to merchandise entered 
on or after such date of enactment. 
SEC. 422. GOVERNMENT ACCOUNTABILITY OFFICE RE-
PORT. 
Not later than 2 years after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the Committee on Finance and the 
Committee on Appropriations of the Senate and the Com-
mittee on Ways and Means and the Committee on Appro-
priations of the House of Representatives a report assess-
ing the effectiveness of— 
(1) the provisions of, and amendments made 
by, this Act; and 
(2) the actions taken and procedures developed 
by the Secretary of Commerce and the Commis-
sioner pursuant to such provisions and amendments 
to prevent evasion of antidumping and counter-
vailing duty orders under title VII of the Tariff Act 
of 1930 (19 U.S.C. 1671 et seq.). 
Subtitle C—Other Matters 
SEC. 431. ALLOCATION AND TRAINING OF PERSONNEL. 
The Commissioner shall, to the maximum extent pos-
sible, ensure that U.S. Customs and Border Protection— 
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(1) employs sufficient personnel who have ex-
pertise in, and responsibility for, preventing and in-
vestigating the entry of covered merchandise into the 
customs territory of the United States through eva-
sion; 
(2) on the basis of risk assessment metrics, as-
signs sufficient personnel with primary responsibility 
for preventing the entry of covered merchandise into 
the customs territory of the United States through 
evasion to the ports of entry in the United States at 
which the Commissioner determines potential eva-
sion presents the most substantial threats to the rev-
enue of the United States; and 
(3) provides adequate training to relevant per-
sonnel to increase expertise and effectiveness in the 
prevention and identification of entries of covered 
merchandise into the customs territory of the United 
States through evasion. 
SEC. 432. ANNUAL REPORT ON PREVENTION OF EVASION 
OF 
ANTIDUMPING 
AND 
COUNTERVAILING 
DUTY ORDERS. 
(a) IN GENERAL.—Not later than February 28 of 
each year, beginning in 2014, the Commissioner, in con-
sultation with the Secretary of Commerce and the Director 
for U.S. Immigration and Customs Enforcement, shall 
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‘‘(2) REQUIREMENTS RELATING TO TRANSFER 
OF MERCHANDISE.— 
‘‘(A) 
MANUFACTURERS
AND
PRO-
DUCERS.—Drawback shall be allowed under 
paragraph (1) with respect to an article manu-
factured or produced using imported merchan-
dise or other merchandise classifiable under the 
same 8-digit HTS subheading number as such 
imported merchandise only if the manufacturer 
or producer of the article received such im-
ported merchandise or such other merchandise, 
directly or indirectly, from the importer. 
‘‘(B) EXPORTERS
AND
DESTROYERS.— 
Drawback shall be allowed under paragraph (1) 
with respect to a manufactured or produced ar-
ticle that is exported or destroyed only if the 
exporter or destroyer received that article or an 
article classifiable under the same 8-digit HTS 
subheading number as that article, directly or 
indirectly, from the manufacturer or producer. 
‘‘(C) EVIDENCE OF TRANSFER.—Transfers 
of merchandise under subparagraph (A) and 
transfers of articles under subparagraph (B) 
may be evidenced by business records kept in 
the normal course of business and no additional 
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