(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— 
(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 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
(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. 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 
responsible for 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 de-
scribed 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. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(2) The resident agent shall be liable to the 
United States for payment of duties and penalties or 
other fines issued by the Secretary of Homeland Se-
curity or the Commissioner if the Secretary or Com-
missioner is unable to collect such duties and pen-
alties or other fines from such non-resident importer 
in connection with the importation of merchandise. 
‘‘(3) The Secretary of the Treasury may require 
the resident agent to secure a bond or other security 
in connection with the importation of merchandise 
as the Secretary may deem necessary for the protec-
tion of the revenue or to assure compliance with any 
provision of law, regulation, or instruction which the 
Secretary of the Commissioner may be authorized to 
enforce. 
‘‘(4) The Commissioner responsible for U.S. 
Customs and Border Protection shall require the 
non-resident importer to establish a power of attor-
ney with the resident agent in connection with the 
importation of merchandise. 
‘‘(c) NON-APPLICABILITY.—The requirements of this 
section shall not apply with respect to a non-resident im-
porter who is a validated Tier 2 or Tier 3 participant in 
the Customs–Trade Partnership Against Terrorism pro-
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
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. 
‘‘(2) CIVIL PENALTIES.—Any person who vio-
lates paragraph (1) shall be liable for a civil penalty 
of $50,000 for each such violation. 
‘‘(3) OTHER PENALTIES.—In addition to the 
penalties specified in paragraph (2), any violation of 
this section that violates any other customs and 
trade laws of the United States shall be subject to 
any applicable civil and criminal penalty, including 
seizure and forfeiture, that may be imposed under 
such customs or trade law or title 18, United States 
Code, with respect to the importation of merchan-
dise. 
‘‘(4) DEFINITION.—In this subsection, the term 
‘customs and trade laws of the United States’ has 
the meaning given such term in section 2 of the 
Trade Enforcement and Trade Facilitation Act of 
2015.’’. 
(b) EFFECTIVE DATE.—Section 484c of the Tariff 
Act of 1930, as added by subsection (a), takes effect on 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
the date of the enactment of this Act and applies with 
respect to the importation, on or after the date that is 
180 days after such date of enactment, of merchandise 
of an importer of record under section 484 of the Tariff 
Act of 1930 who is not a resident of the United States. 
SEC. 118. SINGLE ENTRY BOND FOR SUSPECTED EVASION. 
(a) IN GENERAL.—The Tariff Act of 1930 is amend-
ed by inserting after section 516A (19 U.S.C. 1516a) the 
following: 
‘‘SEC. 516B. SINGLE ENTRY BOND FOR SUSPECTED EVA-
SION. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) 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. 
‘‘(2) 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-
rial, and that results in any cash deposit or other se-
curity or any amount of applicable antidumping or 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
countervailing duties being reduced or not being ap-
plied with respect to the merchandise. 
‘‘(3) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Treasury. 
‘‘(b) SINGLE ENTRY BOND.—The Secretary shall re-
quire a single entry bond, in addition to any continuous 
bond, in any case in which the Secretary has a reasonable 
belief, based on evidence, that merchandise— 
‘‘(1) may be subject to an order issued under 
section 706 or section 736; and 
‘‘(2) is being entered into the United States by 
means of evasion. 
The bond shall be set at an amount the Secretary deter-
mines sufficient to protect revenue and to ensure compli-
ance with the law, regulations, and instructions that the 
Secretary is authorized to enforce.’’. 
(b) TECHNICAL AMENDMENT.—Section 514(b) of the 
Tariff Act of 1930 (19 U.S.C. 1514(b)) is amended by 
striking ‘‘section 303’’ and all that follows through ‘‘which 
are reviewable’’ and inserting ‘‘title VII that are review-
able’’. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
TITLE II—IMPORT HEALTH AND 
SAFETY 
SEC. 201. INTERAGENCY IMPORT SAFETY WORKING GROUP. 
(a) ESTABLISHMENT.—There is established an inter-
agency 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 Serv-
ices, 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 responsible for U.S. Cus-
toms and Border Protection. 
(10) The Chairman of the Consumer Product 
Safety Commission. 
(11) The Director of U.S. Immigration and 
Customs Enforcement. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
(12) The head of any other Federal agency des-
ignated by the President to participate in the inter-
agency Import Safety Working Group, as appro-
priate. 
(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 sec-
tion 202 of this Act; 
(2) periodically evaluating the adequacy of the 
plans, practices, and resources of the Federal Gov-
ernment dedicated to ensuring the safety of mer-
chandise imported in the United States and the ex-
peditious entry of such merchandise, including— 
(A) minimizing the duplication of efforts 
among agencies the heads of which are mem-
bers of the interagency Import Safety Working 
Group and ensuring the compatibility of the 
policies and regulations of those agencies; and 
(B) recommending additional administra-
tive actions, as appropriate, designed to ensure 
the safety of merchandise imported into the 
United States and the expeditious entry of such 
merchandise and considering the impact of 
those actions on private sector entities; 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
(3) reviewing the engagement and cooperation 
of foreign governments and foreign manufacturers in 
facilitating the inspection and certification, as appro-
priate, of such merchandise to be imported into the 
United States and the facilities producing such mer-
chandise to ensure the safety of the merchandise 
and the expeditious entry of the merchandise into 
the United States; 
(4) identifying best practices, in consultation 
with private sector entities as appropriate, to assist 
United States importers in taking all appropriate 
steps to ensure the safety of merchandise imported 
into the United States, including with respect to— 
(A) the inspection of manufacturing facili-
ties 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 sup-
ply chain (as defined in section 2 of the Secu-
rity 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 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
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 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
(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 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
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-
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
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) 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
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 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
and Border Protection or U.S. Immigration and Customs 
Enforcement. 
SEC. 302. EXCHANGE OF INFORMATION RELATED TO 
TRADE ENFORCEMENT. 
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 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 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(2) may, subject to any applicable bonding re-
quirements, provide to the person unredacted sam-
ples 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 suspected of being copied or simu-
lated 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 sus-
pected of being infringed by the merchandise; 
‘‘(3) in the case of merchandise suspected of 
being primarily designed or produced for the pur-
pose of circumventing a technological measure that 
effectively controls access to a work protected under 
that title, and being imported in violation of section 
1201(a)(2) of that title, the owner of a copyright in 
the work; and 
‘‘(4) in the case of merchandise suspected of 
being primarily designed or produced for the pur-
pose of circumventing protection afforded by a tech-
nological measure that effectively protects a right of 
an owner of a copyright in a work or a portion of 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
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.’’. 
SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES. 
(a) IN GENERAL.—Section 596(c)(2) of the Tariff 
Act of 1930 (19 U.S.C. 1595a(c)(2)) is amended— 
(1) in subparagraph (E), by striking ‘‘or’’; 
(2) in subparagraph (F), by striking the period 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(G) U.S. Customs and Border Protection 
determines it is a technology, product, service, 
device, component, or part thereof the importa-
tion of which is prohibited under subsection 
(a)(2) or (b)(1) of section 1201 of title 17, 
United States Code.’’. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
(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. 
(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. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
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— 
(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. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
(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; 
(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-
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
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. 
(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; 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
(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 
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-
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
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 
that U.S. Customs and Border Protection and U.S. 
Immigration and Customs Enforcement are ade-
quately enforcing intellectual property rights. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
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. 
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 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
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. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. DE MINIMIS VALUE. 
(a) DE MINIMIS VALUE.—Section 321(a)(2)(C) of 
the Tariff Act of 1930 (19 U.S.C. 1321(a)(2)(C)) is 
amended by striking ‘‘$200’’ and inserting ‘‘$800’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to articles entered, 
or withdrawn from warehouse for consumption, on or after 
the 15th day after the date of the enactment of this Act. 
SEC. 402. CONSULTATION ON TRADE AND CUSTOMS REV-
ENUE FUNCTIONS. 
Section 401(c) of the Safety and Accountability for 
Every Port Act (6 U.S.C. 115(c)) is amended— 
(1) in paragraph (1), by striking ‘‘on Depart-
ment policies and actions that have’’ and inserting 
‘‘not later than 30 days after proposing, and not 
later than 30 days before finalizing, any Department 
policies, initiatives, or actions that will have’’; and 
(2) in paragraph (2)(A), by striking ‘‘not later 
than 30 days prior to the finalization of’’ and insert-
ing ‘‘not later than 60 days before proposing, and 
not later than 60 days before finalizing,’’. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
SEC. 403. PENALTIES FOR CUSTOMS BROKERS. 
(a) IN GENERAL.—Section 641(d)(1) of the Tariff 
Act of 1930 (19 U.S.C. 1641(d)(1)) is amended— 
(1) in subparagraph (E), by striking ‘‘; or’’ and 
inserting a semicolon; 
(2) in subparagraph (F), by striking the period 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(G) has been convicted of committing or 
conspiring to commit an act of terrorism de-
scribed in section 2332b of title 18, United 
States Code.’’. 
(b) TECHNICAL AMENDMENTS.—Section 641 of the 
Tariff Act of 1930 (19 U.S.C. 1641) is amended— 
(1) by striking ‘‘the Customs Service’’ each 
place it appears and inserting ‘‘U.S. Customs and 
Border Protection’’; 
(2) in subsection (d)(2)(B), by striking ‘‘The 
Customs Service’’ and inserting ‘‘U.S. Customs and 
Border Protection’’; and 
(3) in subsection (g)(2)(B), by striking ‘‘Sec-
retary’s notice’’ and inserting ‘‘notice under sub-
paragraph (A)’’. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
SEC. 404. AMENDMENTS TO CHAPTER 98 OF THE HAR-
MONIZED TARIFF SCHEDULE OF THE UNITED 
STATES. 
(a) ARTICLES EXPORTED
AND RETURNED, AD-
VANCED OR IMPROVED ABROAD.— 
(1) IN GENERAL.—U.S. Note 3 to subchapter 
II of chapter 98 of the Harmonized Tariff Schedule 
of the United States is amended by adding at the 
end the following: 
‘‘(f)(1) For purposes of subheadings 9802.00.40 and 
9802.00.50, fungible articles exported from the United 
States for the purposes described in such subheadings— 
‘‘(A) may be commingled; and 
‘‘(B) the origin, value, and classification of such 
articles may be accounted for using an inventory 
management method. 
‘‘(2) If a person chooses to use an inventory manage-
ment method under this paragraph with respect to fun-
gible articles, the person shall use the same inventory 
management method for any other articles with respect 
to which the person claims fungibility under this para-
graph. 
‘‘(3) For the purposes of this paragraph— 
‘‘(A) the term ‘fungible articles’ means mer-
chandise or articles that, for commercial purposes, 
are identical or interchangeable in all situations; and 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(B) the term ‘inventory management method’ 
means any method for managing inventory that is 
based on generally accepted accounting principles.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection applies to articles classifiable 
under subheading 9802.00.40 or 9802.00.50 of the 
Harmonized Tariff Schedule of the United States 
that are entered, or withdrawn from warehouse for 
consumption, on or after the date that is 60 days 
after the date of the enactment of this Act. 
(b) MODIFICATION
OF PROVISIONS RELATING
TO 
RETURNED PROPERTY.— 
(1) IN GENERAL.—The article description for 
heading 9801.00.10 of the Harmonized Tariff 
Schedule of the United States is amended by insert-
ing after ‘‘exported’’ the following: ‘‘, or any other 
products when returned within 3 years after having 
been exported’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) applies to articles entered, or with-
drawn from warehouse for consumption, on or after 
the date that is 60 days after the date of the enact-
ment of this Act. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
(c) DUTY-FREE TREATMENT FOR CERTAIN UNITED 
STATES GOVERNMENT PROPERTY RETURNED TO THE 
UNITED STATES.— 
(1) IN GENERAL.—Subchapter I of chapter 98 
of the Harmonized Tariff Schedule of the United 
States is amended by inserting in numerical se-
quence the following new heading: 
‘‘ 
9801.00.11 
United States Government 
property, returned to the 
United States without having 
been advanced in value or im-
proved in condition by any 
means while abroad, entered 
by the United States Govern-
ment or a contractor to the 
United States Government, 
and certified by the importer 
as United States Government 
property .................................
Free 
’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) applies to goods entered, or with-
drawn from warehouse for consumption, on or after 
the date that is 60 days after the date of the enact-
ment of this Act. 
SEC. 405. EXEMPTION FROM DUTY OF RESIDUE OF BULK 
CARGO CONTAINED IN INSTRUMENTS OF 
INTERNATIONAL TRAFFIC PREVIOUSLY EX-
PORTED FROM THE UNITED STATES. 
(a) IN GENERAL.—General Note 3(e) of the Har-
monized Tariff Schedule of the United States is amend-
ed— 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
international traffic, and any additional articles or 
classes of articles that the Commissioner responsible 
for U.S. Customs and Border Protection designates 
as instruments of international traffic.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) take effect on the date of the enactment 
of this Act and apply with respect to residue of bulk cargo 
contained in instruments of international traffic that are 
imported into the customs territory of the United States 
on or after such date of enactment and that previously 
have been exported from the United States. 
SEC. 406. DRAWBACK AND REFUNDS. 
(a) ARTICLES MADE FROM IMPORTED MERCHAN-
DISE.—Section 313(a) of the Tariff Act of 1930 (19 
U.S.C. 1313(a)) is amended by striking ‘‘the full amount 
of the duties paid upon the merchandise so used shall be 
refunded as drawback, less 1 per centum of such duties, 
except that such’’ and inserting ‘‘an amount calculated 
pursuant to regulations prescribed by the Secretary of the 
Treasury under subsection (l) shall be refunded as draw-
back, except that’’. 
(b) SUBSTITUTION
FOR DRAWBACK PURPOSES.— 
Section 313(b) of the Tariff Act of 1930 (19 U.S.C. 
1313(b)) is amended— 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
(1) by striking ‘‘If imported’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—If imported’’; 
(2) by striking ‘‘and any other merchandise 
(whether imported or domestic) of the same kind 
and quality are’’ and inserting ‘‘or merchandise clas-
sifiable under the same 8-digit HTS subheading 
number as such imported merchandise is’’; 
(3) by striking ‘‘three years’’ and inserting ‘‘5 
years’’; 
(4) by striking ‘‘the receipt of such imported 
merchandise by the manufacturer or producer of 
such articles’’ and inserting ‘‘the date of importation 
of such imported merchandise’’; 
(5) by striking ‘‘an amount of drawback equal 
to’’ and all that follows through the end period and 
inserting ‘‘an amount calculated pursuant to regula-
tions prescribed by the Secretary of the Treasury 
under subsection (l), but only if those articles have 
not been used prior to such exportation or destruc-
tion.’’; and 
(6) by adding at the end the following: 
‘‘(2) REQUIREMENTS RELATING TO TRANSFER 
OF MERCHANDISE.— 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(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 
certificates of transfer or manufacture shall be 
required. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(3) SUBMISSION OF BILL OF MATERIALS OR 
FORMULA.— 
‘‘(A) IN GENERAL.—Drawback shall be al-
lowed under paragraph (1) with respect to an 
article manufactured or produced using im-
ported merchandise or other merchandise classi-
fiable under the same 8-digit HTS subheading 
number as such imported merchandise only if 
the person making the drawback claim submits 
with the claim a bill of materials or formula 
identifying the merchandise and article by the 
8-digit HTS subheading number and the quan-
tity of the merchandise. 
‘‘(B) BILL OF MATERIALS AND FORMULA 
DEFINED.—In this paragraph, the terms ‘bill of 
materials’ and ‘formula’ mean records kept in 
the normal course of business that identify each 
component incorporated into a manufactured or 
produced article or that identify the quantity of 
each element, material, chemical, mixture, or 
other substance incorporated into a manufac-
tured article. 
‘‘(4) SPECIAL
RULE
FOR
SOUGHT
CHEMICAL 
ELEMENTS.— 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(A) IN GENERAL.—For purposes of para-
graph (1), a sought chemical element may be— 
‘‘(i) considered imported merchandise, 
or merchandise classifiable under the same 
8-digit HTS subheading number as such 
imported merchandise, used in the manu-
facture or production of an article as de-
scribed in paragraph (1); and 
‘‘(ii) substituted for source material 
containing that sought chemical element, 
without regard to whether the sought 
chemical element and the source material 
are classifiable under the same 8-digit 
HTS subheading number, and apportioned 
quantitatively, as appropriate. 
‘‘(B) SOUGHT
CHEMICAL
ELEMENT
DE-
FINED.—In this paragraph, the term ‘sought 
chemical element’ means an element listed in 
the Periodic Table of Elements that is imported 
into the United States or a chemical compound 
consisting of those elements, either separately 
in elemental form or contained in source mate-
rial.’’. 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS
100 
(c) MERCHANDISE NOT CONFORMING TO SAMPLE OR 
SPECIFICATIONS.—Section 313(c) of the Tariff Act of 
1930 (19 U.S.C. 1313(c)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C)(ii), by striking 
‘‘under a certificate of delivery’’ each place it 
appears; 
(B) in subparagraph (D)— 
(i) by striking ‘‘3’’ and inserting ‘‘5’’; 
and 
(ii) by striking ‘‘the Customs Service’’ 
and inserting ‘‘U.S. Customs and Border 
Protection’’; and 
(C) in the flush text at the end, by striking 
‘‘the full amount of the duties paid upon such 
merchandise, less 1 percent,’’ and inserting ‘‘an 
amount calculated pursuant to regulations pre-
scribed by the Secretary of the Treasury under 
subsection (l)’’; 
(2) in paragraph (2), by striking ‘‘the Customs 
Service’’ and inserting ‘‘U.S. Customs and Border 
Protection’’; and 
(3) by amending paragraph (3) to read as fol-
lows: 
VerDate Sep 11 2014 
04:43 Apr 28, 2015
Jkt 049200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H1916.IH
H1916
smartinez on DSK4TPTVN1PROD with BILLS