In the Senate of the United States, 
May 14, 2015. 
Resolved, That the bill from the House of Representa-
tives (H.R. 644) entitled ‘‘An Act to amend the Internal Rev-
enue Code of 1986 to permanently extend and expand the 
charitable deduction for contributions of food inventory.’’, do 
pass with the following 
AMENDMENTS: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Trade Facilitation and Trade Enforcement Act of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—TRADE FACILITATION AND TRADE ENFORCEMENT 
Sec. 101. Improving partnership programs. 
Sec. 102. Report on effectiveness of trade enforcement activities. 
Sec. 103. Priorities and performance standards for customs modernization, trade 
facilitation, and trade enforcement functions and programs.
† HR 644 EAS 
Sec. 104. Educational seminars to improve efforts to classify and appraise im-
ported articles, to improve trade enforcement efforts, and to oth-
erwise facilitate legitimate international trade. 
Sec. 105. Joint strategic plan. 
Sec. 106. Automated Commercial Environment. 
Sec. 107. International Trade Data System. 
Sec. 108. Consultations with respect to mutual recognition arrangements. 
Sec. 109. Commercial Customs Operations Advisory Committee. 
Sec. 110. Centers of Excellence and Expertise. 
Sec. 111. Commercial Targeting Division and National Targeting and Analysis 
Groups. 
Sec. 112. Report on oversight of revenue protection and enforcement measures. 
Sec. 113. Report on security and revenue measures with respect to merchandise 
transported in bond. 
Sec. 114. Importer of record program. 
Sec. 115. Establishment of new importer program. 
TITLE II—IMPORT HEALTH AND SAFETY 
Sec. 201. Interagency import safety working group. 
Sec. 202. Joint import safety rapid response plan. 
Sec. 203. Training. 
TITLE III—IMPORT-RELATED PROTECTION OF INTELLECTUAL 
PROPERTY RIGHTS 
Sec. 301. Definition of intellectual property rights. 
Sec. 302. Exchange of information related to trade enforcement. 
Sec. 303. Seizure of circumvention devices. 
Sec. 304. Enforcement by U.S. Customs and Border Protection of works for which 
copyright registration is pending. 
Sec. 305. National Intellectual Property Rights Coordination Center. 
Sec. 306. Joint strategic plan for the enforcement of intellectual property rights. 
Sec. 307. Personnel dedicated to the enforcement of intellectual property rights. 
Sec. 308. Training with respect to the enforcement of intellectual property rights. 
Sec. 309. International cooperation and information sharing. 
Sec. 310. Report on intellectual property rights enforcement. 
Sec. 311. Information for travelers regarding violations of intellectual property 
rights. 
TITLE IV—EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY 
ORDERS 
Sec. 401. Short title. 
Sec. 402. Procedures for investigating claims of evasion of antidumping and 
countervailing duty orders. 
Sec. 403. Annual report on prevention and investigation of evasion of anti-
dumping and countervailing duty orders. 
TITLE V—AMENDMENTS TO ANTIDUMPING AND COUNTERVAILING 
DUTY LAWS 
Sec. 501. Consequences of failure to cooperate with a request for information in 
a proceeding. 
Sec. 502. Definition of material injury. 
Sec. 503. Particular market situation. 
Sec. 504. Distortion of prices or costs.
† HR 644 EAS 
Sec. 505. Reduction in burden on Department of Commerce by reducing the num-
ber of voluntary respondents. 
Sec. 506. Application to Canada and Mexico. 
TITLE VI—ADDITIONAL TRADE ENFORCEMENT AND INTELLECTUAL 
PROPERTY RIGHTS PROTECTION 
Subtitle A—Trade Enforcement 
Sec. 601. Trade enforcement priorities. 
Sec. 602. Exercise of WTO authorization to suspend concessions or other obliga-
tions under trade agreements. 
Sec. 603. Trade monitoring. 
Sec. 604. Establishment of Interagency Trade Enforcement Center. 
Sec. 605. Establishment of Chief Manufacturing Negotiator. 
Sec. 606. Enforcement under title III of the Trade Act of 1974 with respect to 
certain acts, policies, and practices relating to the environment. 
Sec. 607. Trade Enforcement Trust Fund. 
Sec. 608. Honey transshipment. 
Sec. 609. Inclusion of interest in certain distributions of antidumping duties and 
countervailing duties. 
Sec. 610. Illicitly imported, exported, or trafficked cultural property, archae-
ological or ethnological materials, and fish, wildlife, and plants. 
Subtitle B—Intellectual Property Rights Protection 
Sec. 611. Establishment of Chief Innovation and Intellectual Property Negotiator. 
Sec. 612. Measures relating to countries that deny adequate protection for intel-
lectual property rights. 
TITLE VII—CURRENCY MANIPULATION 
Subtitle A—Investigation of Currency Undervaluation 
Sec. 701. Short title. 
Sec. 702. Investigation or review of currency undervaluation under counter-
vailing duty law. 
Sec. 703. Benefit calculation methodology with respect to currency undervalu-
ation. 
Sec. 704. Modification of definition of specificity with respect to export subsidy. 
Sec. 705. Application to Canada and Mexico. 
Sec. 706. Effective date. 
Subtitle B—Engagement on Currency Exchange Rate and Economic Policies 
Sec. 711. Enhancement of engagement on currency exchange rate and economic 
policies with certain major trading partners of the United 
States. 
Sec. 712. Advisory Committee on International Exchange Rate Policy. 
TITLE VIII—PROCESS FOR CONSIDERATION OF TEMPORARY DUTY 
SUSPENSIONS AND REDUCTIONS 
Sec. 801. Short title. 
Sec. 802. Sense of Congress on the need for a miscellaneous tariff bill. 
Sec. 803. Process for consideration of duty suspensions and reductions. 
Sec. 804. Report on effects of duty suspensions and reductions on United States 
economy.
† HR 644 EAS 
Sec. 805. Judicial review precluded. 
Sec. 806. Definitions. 
TITLE IX—MISCELLANEOUS PROVISIONS 
Sec. 901. De minimis value. 
Sec. 902. Consultation on trade and customs revenue functions. 
Sec. 903. Penalties for customs brokers. 
Sec. 904. Amendments to chapter 98 of the Harmonized Tariff Schedule of the 
United States. 
Sec. 905. Exemption from duty of residue of bulk cargo contained in instruments 
of international traffic previously exported from the United 
States. 
Sec. 906. Drawback and refunds. 
Sec. 907. Inclusion of certain information in submission of nomination for ap-
pointment as Deputy United States Trade Representative. 
Sec. 908. Biennial reports regarding competitiveness issues facing the United 
States economy and competitive conditions for certain key 
United States industries. 
Sec. 909. Report on certain U.S. Customs and Border Protection agreements. 
Sec. 910. Charter flights. 
Sec. 911. Amendment to Tariff Act of 1930 to require country of origin marking 
of certain castings. 
Sec. 912. Elimination of consumptive demand exception to prohibition on impor-
tation of goods made with convict labor, forced labor, or inden-
tured labor; report. 
Sec. 913. Improved collection and use of labor market information. 
Sec. 914. Statements of policy with respect to Israel. 
TITLE X—OFFSETS 
Sec. 1001. Revocation or denial of passport in case of certain unpaid taxes. 
Sec. 1002. Customs user fees. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) AUTOMATED COMMERCIAL ENVIRONMENT.— 
The term ‘‘Automated Commercial Environment’’ 
means the Automated Commercial Environment com-
puter system authorized under section 13031(f)(4) of 
the Consolidated Omnibus Budget Reconciliation Act 
of 1985 (19 U.S.C. 58c(f)(4)).
† HR 644 EAS 
(2) COMMISSIONER.—The term ‘‘Commissioner’’ 
means the Commissioner responsible for U.S. Customs 
and Border Protection. 
(3) CUSTOMS AND TRADE LAWS OF THE UNITED 
STATES.—The term ‘‘customs and trade laws of the 
United States’’ includes the following: 
(A) The Tariff Act of 1930 (19 U.S.C. 1202 
et seq.). 
(B) Section 249 of the Revised Statutes (19 
U.S.C. 3). 
(C) Section 2 of the Act of March 4, 1923 
(42 Stat. 1453, chapter 251; 19 U.S.C. 6). 
(D) The Act of March 3, 1927 (44 Stat. 
1381, chapter 348; 19 U.S.C. 2071 et seq.). 
(E) Section 13031 of the Consolidated Om-
nibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c). 
(F) Section 251 of the Revised Statutes (19 
U.S.C. 66). 
(G) Section 1 of the Act of June 26, 1930 
(46 Stat. 817, chapter 617; 19 U.S.C. 68). 
(H) The Foreign Trade Zones Act (19 
U.S.C. 81a et seq.). 
(I) Section 1 of the Act of March 2, 1911 
(36 Stat. 965, chapter 191; 19 U.S.C. 198).
† HR 644 EAS 
(J) The Trade Act of 1974 (19 U.S.C. 2102 
et seq.). 
(K) The Trade Agreements Act of 1979 (19 
U.S.C. 2501 et seq.). 
(L) The North American Free Trade Agree-
ment Implementation Act (19 U.S.C. 3301 et 
seq.). 
(M) The Uruguay Round Agreements Act 
(19 U.S.C. 3501 et seq.). 
(N) The Caribbean Basin Economic Recov-
ery Act (19 U.S.C. 2701 et seq.). 
(O) The Andean Trade Preference Act (19 
U.S.C. 3201 et seq.). 
(P) The African Growth and Opportunity 
Act (19 U.S.C. 3701 et seq.). 
(Q) The Customs Enforcement Act of 1986 
(Public Law 99–570; 100 Stat. 3207–79). 
(R) The Customs and Trade Act of 1990 
(Public Law 101–382; 104 Stat. 629). 
(S) The Customs Procedural Reform and 
Simplification Act of 1978 (Public Law 95–410; 
92 Stat. 888). 
(T) The Trade Act of 2002 (Public Law 
107–210; 116 Stat. 933).
† HR 644 EAS 
(U) The Convention on Cultural Property 
Implementation Act (19 U.S.C. 2601 et seq.). 
(V) The Act of March 28, 1928 (45 Stat. 
374, chapter 266; 19 U.S.C. 2077 et seq.). 
(W) The Act of August 7, 1939 (53 Stat. 
1263, chapter 566). 
(X) Any other provision of law imple-
menting a trade agreement. 
(Y) Any other provision of law vesting cus-
toms revenue functions in the Secretary of the 
Treasury. 
(Z) Any other provision of law relating to 
trade facilitation or trade enforcement that is 
administered by U.S. Customs and Border Pro-
tection on behalf of any Federal agency that is 
required to participate in the International 
Trade Data System. 
(AA) Any other provision of customs or 
trade law administered by U.S. Customs and 
Border Protection or U.S. Immigration and Cus-
toms Enforcement. 
(4) PRIVATE SECTOR ENTITY.—The term ‘‘pri-
vate sector entity’’ means— 
(A) an importer; 
(B) an exporter;
† HR 644 EAS 
(C) a forwarder; 
(D) an air, sea, or land carrier or shipper; 
(E) a contract logistics provider; 
(F) a customs broker; or 
(G) any other person (other than an em-
ployee of a government) affected by the imple-
mentation of the customs and trade laws of the 
United States. 
(5) TRADE ENFORCEMENT.—The term ‘‘trade en-
forcement’’ means the enforcement of the customs and 
trade laws of the United States. 
(6) TRADE FACILITATION.—The term ‘‘trade fa-
cilitation’’ refers to policies and activities of U.S. 
Customs and Border Protection with respect to facili-
tating the movement of merchandise into and out of 
the United States in a manner that complies with the 
customs and trade laws of the United States. 
TITLE I—TRADE FACILITATION 
AND TRADE ENFORCEMENT 
SEC. 101. IMPROVING PARTNERSHIP PROGRAMS. 
(a) IN GENERAL.—In order to advance the security, 
trade enforcement, and trade facilitation missions of U.S. 
Customs and Border Protection, the Commissioner shall en-
sure that partnership programs of U.S. Customs and Bor-
der Protection established before the date of the enactment
† HR 644 EAS 
of this Act, such as the Customs-Trade Partnership Against 
Terrorism established under subtitle B of title II of the Se-
curity and Accountability for Every Port Act of 2006 (6 
U.S.C. 961 et seq.), and partnership programs of U.S. Cus-
toms and Border Protection established after such date of 
enactment, provide trade benefits to private sector entities 
that meet the requirements for participation in those pro-
grams established by the Commissioner under this section. 
(b) ELEMENTS.—In developing and operating partner-
ship 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 preclearance of merchandise 
for qualified persons that demonstrate the highest lev-
els of compliance with the customs and trade laws of 
the United States, regulations of U.S. Customs and 
Border Protection, and other requirements the Com-
missioner determines to be necessary; 
(2) ensure an integrated and transparent system 
of trade benefits and compliance requirements for all 
partnership programs of U.S. Customs and Border 
Protection;
† HR 644 EAS 
(3) consider consolidating partnership programs 
in situations in which doing so would support the ob-
jectives of such programs, increase participation in 
such programs, enhance the trade benefits provided to 
participants in such programs, and enhance the allo-
cation of the resources of U.S. Customs and Border 
Protection; 
(4) coordinate with the Director of U.S. Immi-
gration and Customs Enforcement, and other Federal 
agencies with authority to detain and release mer-
chandise 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; 
(B) to ensure that the partnership programs 
of those agencies are compatible with the part-
nership 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 mer-
chandise for entry into the United States; and
† HR 644 EAS 
(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 absent 
information that a transaction may pose a na-
tional 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 Commissioner shall 
submit to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representa-
tives a report that— 
(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
† HR 644 EAS 
(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 enrolled 
in more than one such partnership program; 
(4) assesses the effectiveness of each such partner-
ship 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 agencies 
with authority to detain and release merchandise en-
tering the United States to ensure that partnership 
programs of those agencies are compatible with part-
nership programs of U.S. Customs and Border Pro-
tection; 
(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;
† HR 644 EAS 
(7) summarizes the efforts of U.S. Customs and 
Border Protection to work with private sector entities 
and the public to develop and improve partnership 
programs referred to in subsection (a); 
(8) describes measures taken by U.S. Customs 
and Border Protection to make private sector entities 
aware of the trade benefits available to participants 
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. 
SEC. 102. REPORT ON EFFECTIVENESS OF TRADE ENFORCE-
MENT 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 Fi-
nance 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. Customs and Border 
Protection. 
(b) CONTENTS.—The report required by subsection (a) 
shall include— 
(1) a description of the use of resources, results 
of audits and verifications, targeting, organization,
† HR 644 EAS 
and training of personnel of U.S. Customs and Bor-
der Protection; 
(2) a description of trade enforcement activities 
to address undervaluation, transshipment, legitimacy 
of entities making entry, protection of revenues, fraud 
prevention and detection, and penalties, including in-
tentional misclassification, inadequate bonding, and 
other misrepresentations; and 
(3) a description of trade enforcement activities 
with respect to 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, in-
cluding— 
(A) methodologies used in such enforcement 
activities, such as targeting; 
(B) recommendations for improving such 
enforcement activities; and 
(C) a description of the implementation of 
previous recommendations for improving such 
enforcement activities. 
(c) FORM OF REPORT.—The report required by sub-
section (a) shall be submitted in unclassified form, but may 
include a classified annex.
† HR 644 EAS 
SEC. 103. PRIORITIES AND PERFORMANCE STANDARDS FOR 
CUSTOMS MODERNIZATION, TRADE FACILITA-
TION, 
AND 
TRADE 
ENFORCEMENT 
FUNC-
TIONS AND PROGRAMS. 
(a) PRIORITIES AND PERFORMANCE STANDARDS.— 
(1) IN GENERAL.—The Commissioner, in con-
sultation with the Committee on Finance of the Sen-
ate and the Committee on Ways and Means of the 
House of Representatives, shall establish priorities 
and performance standards to measure the develop-
ment and levels of achievement of the customs mod-
ernization, trade facilitation, and trade enforcement 
functions and programs described in subsection (b). 
(2) MINIMUM
PRIORITIES
AND
STANDARDS.— 
Such priorities and performance standards shall, at 
a minimum, include priorities and standards relating 
to efficiency, outcome, output, and other types of ap-
plicable measures. 
(b) FUNCTIONS
AND PROGRAMS DESCRIBED.—The 
functions and programs referred to in subsection (a) are 
the following: 
(1) The Automated Commercial Environment. 
(2) Each of the priority trade issues described in 
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.
† HR 644 EAS 
(3) The Centers of Excellence and Expertise de-
scribed in section 110 of this Act. 
(4) Drawback for exported merchandise under 
section 313 of the Tariff Act of 1930 (19 U.S.C. 
1313), as amended by section 906 of this Act. 
(5) Transactions relating to imported merchan-
dise in bond. 
(6) 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 as-
sessed under subtitle B of title VII of the Tariff Act 
of 1930 (19 U.S.C. 1673 et seq.). 
(7) The expedited clearance of cargo. 
(8) The issuance of regulations and rulings. 
(9) The issuance of Regulatory Audit Reports. 
(c) CONSULTATIONS AND NOTIFICATION.— 
(1) 
CONSULTATIONS.—The 
consultations 
re-
quired by subsection (a)(1) shall occur, at a min-
imum, on an annual basis. 
(2) NOTIFICATION.—The Commissioner shall no-
tify the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Rep-
resentatives of any changes to the priorities referred 
to in subsection (a) not later than 30 days before such 
changes are to take effect.
† HR 644 EAS 
SEC. 104. EDUCATIONAL SEMINARS TO IMPROVE EFFORTS 
TO CLASSIFY AND APPRAISE IMPORTED ARTI-
CLES, TO IMPROVE TRADE ENFORCEMENT EF-
FORTS, AND TO OTHERWISE FACILITATE LE-
GITIMATE INTERNATIONAL TRADE. 
(a) IN GENERAL.— 
(1) ESTABLISHMENT.—The Commissioner and 
the Director shall establish and carry out on a fiscal 
year basis educational seminars to— 
(A) improve the ability of U.S. Customs 
and Border Protection personnel to classify and 
appraise articles imported into the United States 
in accordance with the customs and trade laws 
of the United States; 
(B) improve the trade enforcement efforts of 
U.S. Customs and Border Protection personnel 
and U.S. Immigration and Customs Enforce-
ment personnel; and 
(C) otherwise improve the ability and effec-
tiveness of U.S. Customs and Border Protection 
personnel and U.S. Immigration and Customs 
Enforcement personnel to facilitate legitimate 
international trade. 
(b) CONTENT.— 
(1) CLASSIFYING AND APPRAISING IMPORTED AR-
TICLES.—In carrying out subsection (a)(1)(A), the
† HR 644 EAS 
Commissioner, the Director, and interested parties in 
the private sector selected under subsection (c) shall 
provide instruction and related instructional mate-
rials at each educational seminar under this section 
to U.S. Customs and Border Protection personnel 
and, as appropriate, to U.S. Immigration and Cus-
toms Enforcement personnel on the following: 
(A) Conducting a physical inspection of an 
article imported into the United States, includ-
ing testing of samples of the article, to determine 
if the article is mislabeled in the manifest or 
other accompanying documentation. 
(B) Reviewing the manifest and other ac-
companying documentation of an article im-
ported into the United States to determine if the 
country of origin of the article listed in the 
manifest or other accompanying documentation 
is accurate. 
(C) Customs valuation. 
(D) Industry supply chains and other re-
lated matters as determined to be appropriate by 
the Commissioner. 
(2) TRADE
ENFORCEMENT
EFFORTS.—In car-
rying out subsection (a)(1)(B), the Commissioner, the 
Director, and interested parties in the private sector
† HR 644 EAS 
selected under subsection (c) shall provide instruction 
and related instructional materials at each edu-
cational seminar under this section to U.S. Customs 
and Border Protection personnel and, as appropriate, 
to U.S. Immigration and Customs Enforcement per-
sonnel to identify opportunities to enhance enforce-
ment of the following: 
(A) Collection of countervailing duties as-
sessed under subtitle A of title VII of the Tariff 
Act of 1930 (19 U.S.C. 1671 et seq.) and anti-
dumping duties assessed under subtitle B of title 
VII of the Tariff Act of 1930 (19 U.S.C. 1673 et 
seq.). 
(B) Addressing evasion of duties on imports 
of textiles. 
(C) Protection of intellectual property 
rights. 
(D) Enforcement of child labor laws. 
(3) APPROVAL
OF
COMMISSIONER
AND
DIREC-
TOR.—The instruction and related instructional ma-
terials at each educational seminar under this section 
shall be subject to the approval of the Commissioner 
and the Director. 
(c) SELECTION PROCESS.—
† HR 644 EAS 
(1) IN GENERAL.—The Commissioner shall estab-
lish a process to solicit, evaluate, and select interested 
parties in the private sector for purposes of assisting 
in providing instruction and related instructional 
materials described in subsection (b) at each edu-
cational seminar under this section. 
(2) CRITERIA.—The Commissioner shall evaluate 
and select interested parties in the private sector 
under the process established under paragraph (1) 
based on— 
(A) availability and usefulness; 
(B) the volume, value, and incidence of 
mislabeling or misidentification of origin of im-
ported articles; and 
(C) other appropriate criteria established by 
the Commissioner. 
(3) PUBLIC
AVAILABILITY.—The Commissioner 
and the Director shall publish in the Federal Register 
a detailed description of the process established under 
paragraph (1) and the criteria established under 
paragraph (2). 
(d) SPECIAL RULE FOR ANTIDUMPING AND COUNTER-
VAILING DUTY ORDERS.— 
(1) IN GENERAL.—The Commissioner shall give 
due consideration to carrying out an educational
† HR 644 EAS 
seminar under this section in whole or in part to im-
prove the ability of U.S. Customs and Border Protec-
tion personnel to enforce a countervailing or anti-
dumping duty order issued under section 706 or 736 
of the Tariff Act of 1930 (19 U.S.C. 1671e or 1673e) 
upon the request of a petitioner in an action under-
lying such countervailing or antidumping duty order. 
(2) INTERESTED PARTY.—A petitioner described 
in paragraph (1) shall be treated as an interested 
party in the private sector for purposes of the require-
ments of this section. 
(e) PERFORMANCE STANDARDS.—The Commissioner 
and the Director shall establish performance standards to 
measure the development and level of achievement of edu-
cational seminars under this section. 
(f) REPORTING.—Beginning September 30, 2016, the 
Commissioner and the Director shall submit to the Com-
mittee of Finance of the Senate and the Committee of Ways 
and Means of the House of Representatives an annual re-
port on the effectiveness of educational seminars under this 
section. 
(g) DEFINITIONS.—In this section: 
(1) DIRECTOR.—The term ‘‘Director’’ means the 
Director of U.S. Immigration and Customs Enforce-
ment.
† HR 644 EAS 
(2) UNITED STATES.—The term ‘‘United States’’ 
means the customs territory of the United States, as 
defined in General Note 2 to the Harmonized Tariff 
Schedule of the United States. 
(3) U.S. CUSTOMS
AND
BORDER
PROTECTION 
PERSONNEL.—The term ‘‘U.S. Customs and Border 
Protection personnel’’ means import specialists, audi-
tors, and other appropriate employees of U.S. Cus-
toms and Border Protection. 
(4) U.S. IMMIGRATION AND CUSTOMS ENFORCE-
MENT
PERSONNEL.—The term ‘‘U.S. Immigration 
and Customs Enforcement personnel’’ means Home-
land Security Investigations Directorate personnel 
and other appropriate employees of U.S. Immigration 
and Customs Enforcement. 
SEC. 105. JOINT STRATEGIC PLAN. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, and every 2 years there-
after, the Commissioner and the Director of U.S. Immigra-
tion and Customs Enforcement shall jointly develop and 
submit to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representa-
tives, a joint strategic plan. 
(b) CONTENTS.—The joint strategic plan required 
under this section shall be comprised of a comprehensive
† HR 644 EAS 
multi-year plan for trade enforcement and trade facilita-
tion, and shall include— 
(1) a summary of actions taken during the 2- 
year period preceding the submission of the plan to 
improve trade enforcement and trade facilitation, in-
cluding a description and analysis of specific per-
formance measures to evaluate the progress of U.S. 
Customs and Border Protection and U.S. Immigra-
tion and Customs Enforcement in meeting each such 
responsibility; 
(2) a statement of objectives and plans for fur-
ther improving trade enforcement and trade facilita-
tion; 
(3) a specific identification 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, that can be addressed in order to 
enhance trade enforcement and trade facilitation, and 
a description of strategies and plans for addressing 
each such issue, including— 
(A) a description of the targeting meth-
odologies used for enforcement activities with re-
spect to each such issue;
† HR 644 EAS 
(B) recommendations for improving such 
enforcement activities; and 
(C) a description of the implementation of 
previous recommendations for improving such 
enforcement activities; 
(4) a description of efforts made to improve con-
sultation and coordination among and within Fed-
eral agencies, and in particular between U.S. Cus-
toms and Border Protection and U.S. Immigration 
and Customs Enforcement, regarding trade enforce-
ment and trade facilitation; 
(5) a description of the training that has oc-
curred to date within U.S. Customs and Border Pro-
tection and U.S. Immigration and Customs Enforce-
ment to improve trade enforcement and trade facilita-
tion, including training under section 104 of this Act; 
(6) a description of efforts to work with the 
World Customs Organization and other international 
organizations, in consultation with other Federal 
agencies as appropriate, with respect to enhancing 
trade enforcement and trade facilitation; 
(7) a description of U.S. Customs and Border 
Protection organizational benchmarks for optimizing 
staffing and wait times at ports of entry;
† HR 644 EAS 
(8) a specific identification of any domestic or 
international best practices that may further improve 
trade enforcement and trade facilitation; 
(9) any legislative recommendations to further 
improve trade enforcement and trade facilitation; and 
(10) a description of efforts made to improve 
consultation and coordination with the private sector 
to enhance trade enforcement and trade facilitation. 
(c) CONSULTATIONS.— 
(1) IN GENERAL.—In developing the joint stra-
tegic plan required under this section, the Commis-
sioner and the Director shall consult with— 
(A) appropriate officials from the relevant 
Federal agencies, including— 
(i) the Department of the Treasury; 
(ii) the Department of Agriculture; 
(iii) the Department of Commerce; 
(iv) the Department of Justice; 
(v) the Department of the Interior; 
(vi) the Department of Health and 
Human Services; 
(vii) the Food and Drug Administra-
tion; 
(viii) the Consumer Product Safety 
Commission; and
† HR 644 EAS 
(ix) the Office of the United States 
Trade Representative; and 
(B) the Commercial Customs Operations 
Advisory Committee established by section 109 of 
this Act. 
(2) OTHER CONSULTATIONS.—In developing the 
joint strategic plan required under this section, the 
Commissioner and the Director shall seek to consult 
with— 
(A) appropriate officials from relevant for-
eign law enforcement agencies and international 
organizations, including the World Customs Or-
ganization; and 
(B) interested parties in the private sector. 
(d) FORM OF PLAN.—The plan required by subsection 
(a) shall be submitted in unclassified form, but may include 
a classified annex. 
SEC. 106. AUTOMATED COMMERCIAL ENVIRONMENT. 
(a) FUNDING.—Section 13031(f)(4)(B) of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(f)(4)(B)) is amended— 
(1) by striking ‘‘2003 through 2005’’ and insert-
ing ‘‘2016 through 2018’’;
† HR 644 EAS 
(2) by striking ‘‘such amounts as are available 
in that Account’’ and inserting ‘‘not less than 
$153,736,000’’; and 
(3) by striking ‘‘for the development’’ and insert-
ing ‘‘to complete the development and implementa-
tion’’. 
(b) REPORT.—Section 311(b)(3) of the Customs Border 
Security Act of 2002 (19 U.S.C. 2075 note) is amended to 
read as follows: 
‘‘(3) REPORT.— 
‘‘(A) IN GENERAL.—Not later than Decem-
ber 31, 2016, the Commissioner responsible for 
U.S. Customs and Border Protection shall sub-
mit to the Committee on Appropriations and the 
Committee on Finance of the Senate and the 
Committee on Appropriations and the Com-
mittee on Ways and Means of the House of Rep-
resentatives a report detailing— 
‘‘(i) U.S. Customs and Border Protec-
tion’s incorporation of all core trade proc-
essing capabilities, including cargo release, 
entry summary, cargo manifest, cargo fi-
nancial data, and export data elements into 
the Automated Commercial Environment 
computer system authorized under section
† HR 644 EAS 
13031(f)(4) of the Consolidated Omnibus 
Budget and Reconciliation Act of 1985 (19 
U.S.C. 58c(f)(4)) not later than September 
30, 2016, to conform with the admissibility 
criteria of agencies participating in the 
International Trade Data System identified 
pursuant to section 411(d)(4)(A)(iii) of the 
Tariff Act of 1930; 
‘‘(ii) U.S. Customs and Border Protec-
tion’s remaining priorities for processing 
entry summary data elements, cargo mani-
fest data elements, cargo financial data ele-
ments, and export elements in the Auto-
mated Commercial Environment computer 
system, and the objectives and plans for im-
plementing these remaining priorities; 
‘‘(iii) the components of the National 
Customs Automation Program specified in 
subsection (a)(2) of section 411 of the Tariff 
Act of 1930 that have not been imple-
mented; and 
‘‘(iv) any additional components of the 
National Customs Automation Program 
initiated by the Commissioner to complete 
the development, establishment, and imple-
† HR 644 EAS 
mentation of the Automated Commercial 
Environment computer system. 
‘‘(B) UPDATE OF REPORTS.—Not later than 
September 30, 2017, the Commissioner shall sub-
mit to the Committee on Appropriations and the 
Committee on Finance of the Senate and the 
Committee on Appropriations and the Com-
mittee on Ways and Means of the House of Rep-
resentatives an updated report addressing each of 
the matters referred to in subparagraph (A), 
and— 
‘‘(i) evaluating the effectiveness of the 
implementation of the Automated Commer-
cial Environment computer system; and 
‘‘(ii) detailing the percentage of trade 
processed in the Automated Commercial 
Environment every month since September 
30, 2016.’’. 
(c) GOVERNMENT
ACCOUNTABILITY
OFFICE
RE-
PORT.—Not later than December 31, 2017, the Comptroller 
General of the United States shall submit to the Committee 
on Appropriations and the Committee on Finance of the 
Senate and the Committee on Appropriations and the Com-
mittee on Ways and Means of the House of Representatives 
a report—
† HR 644 EAS 
(1) assessing the progress of other Federal agen-
cies in accessing and utilizing the Automated Com-
mercial Environment; and 
(2) assessing the potential cost savings to the 
United States Government and importers and export-
ers and the potential benefits to enforcement of the 
customs and trade laws of the United States if the ele-
ments identified in clauses (i) through (iv) of section 
311(b)(3)(A) of the Customs Border Security Act of 
2002, as amended by subsection (b) of this section, are 
implemented. 
SEC. 107. INTERNATIONAL TRADE DATA SYSTEM. 
(a) INFORMATION TECHNOLOGY INFRASTRUCTURE.— 
Section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) 
is amended— 
(1) by redesignating paragraphs (4) through (7) 
as paragraphs (5) through (8), respectively; 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) INFORMATION
TECHNOLOGY
INFRASTRUC-
TURE.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
work with the head of each agency participating 
in the ITDS and the Interagency Steering Com-
mittee to ensure that each agency—
† HR 644 EAS 
‘‘(i) develops and maintains the nec-
essary information technology infrastruc-
ture to support the operation of the ITDS 
and to submit all data to the ITDS elec-
tronically; 
‘‘(ii) enters into a memorandum of un-
derstanding, or takes such other action as is 
necessary, to provide for the information 
sharing between the agency and U.S. Cus-
toms and Border Protection necessary for 
the operation and maintenance of the 
ITDS; 
‘‘(iii) not later than June 30, 2016, 
identifies and transmits to the Commis-
sioner responsible for U.S. Customs and 
Border Protection the admissibility criteria 
and data elements required by the agency to 
authorize the release of cargo by U.S. Cus-
toms and Border Protection for incorpora-
tion into the operational functionality of 
the Automated Commercial Environment 
computer system authorized under section 
13031(f)(4) of the Consolidated Omnibus 
Budget and Reconciliation Act of 1985 (19 
U.S.C. 58c(f)(4)); and
† HR 644 EAS 
‘‘(iv) not later than December 31, 
2016, utilizes the ITDS as the primary 
means of receiving from users the standard 
set of data and other relevant documenta-
tion, exclusive of applications for permits, 
licenses, or certifications required for the re-
lease 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 on-
going law enforcement investigation or national 
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 REC-
OGNITION ARRANGEMENTS. 
(a) CONSULTATIONS.—The Secretary of Homeland Se-
curity, with respect to any proposed mutual recognition ar-
rangement or similar agreement between the United States 
and a foreign government providing for mutual recognition
† HR 644 EAS 
of supply chain security programs and customs revenue 
functions, shall consult— 
(1) not later than 30 days before initiating nego-
tiations to enter into any such arrangement or simi-
lar agreement, with the Committee on Finance 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 Com-
mittee on Ways and Means of the House of Represent-
atives. 
(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 Part-
nership 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 enforce-
ment.
† HR 644 EAS 
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 Sec-
retary of the Treasury and the Secretary of Homeland Secu-
rity shall jointly establish a Commercial Customs Oper-
ations 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 Com-
missioner, who shall jointly co-chair meetings of 
the Advisory Committee; and 
(C) the Assistant Secretary for Policy and 
the Director of U.S. Immigration and Customs 
Enforcement of the Department of Homeland Se-
curity, 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-
† HR 644 EAS 
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 Se-
curity shall appoint members— 
(i) to ensure that the membership of 
the Advisory Committee is representative of 
the individuals and firms affected by the 
commercial operations of U.S. Customs and 
Border Protection; and 
(ii) without regard to political 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 Secretary 
of the Treasury and the Secretary of Homeland Secu-
rity may transfer members serving on the Advisory 
Committee on Commercial Operations of the United 
States Customs Service established under section 
9503(c) of the Omnibus Budget Reconciliation Act of
† HR 644 EAS 
1987 (19 U.S.C. 2071 note) on the day before the date 
of the enactment of this Act to the Advisory Com-
mittee established under subsection (a). 
(c) DUTIES.—The Advisory Committee established 
under subsection (a) shall— 
(1) advise the Secretary of the Treasury and the 
Secretary of Homeland Security on all matters in-
volving the commercial operations of U.S. Customs 
and Border Protection, including advising with re-
spect to significant changes that are proposed with re-
spect to regulations, policies, or practices of U.S. Cus-
toms and Border Protection; 
(2) provide recommendations to the Secretary of 
the Treasury and the Secretary of Homeland Security 
on 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 Security 
jointly direct. 
(d) MEETINGS.—
† HR 644 EAS 
(1) IN GENERAL.—The Advisory Committee shall 
meet at the call of the Secretary of the Treasury and 
the Secretary of Homeland Security, or at the call of 
not less than two-thirds of the membership of the Ad-
visory Committee. The Advisory Committee shall meet 
at least 4 times each calendar year. 
(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 de-
termines 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 Rep-
resentatives a report that— 
(1) describes the activities of the Advisory Com-
mittee during the preceding fiscal year; and
† HR 644 EAS 
(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 ter-
mination of advisory committees) shall not apply to the Ad-
visory Committee. 
(g) CONFORMING AMENDMENT.— 
(1) IN GENERAL.—Effective on the date on which 
the Advisory Committee is established under sub-
section (a), section 9503(c) of the Omnibus Budget 
Reconciliation Act of 1987 (19 U.S.C. 2071 note) is 
repealed. 
(2) REFERENCE.—Any reference in law to the 
Advisory Committee on Commercial Operations of the 
United States Customs Service established under sec-
tion 9503(c) of the Omnibus Budget Reconciliation 
Act of 1987 (19 U.S.C. 2071 note) made on or after 
the date on which the Advisory Committee is estab-
lished under subsection (a), shall be deemed a ref-
erence to the Commercial Customs Operations Advi-
sory Committee established under subsection (a). 
SEC. 110. CENTERS OF EXCELLENCE AND EXPERTISE. 
(a) IN GENERAL.—The Commissioner shall, in con-
sultation with the Committee on Finance of the Senate, the
† HR 644 EAS 
Committee on Ways and Means of the House of Representa-
tives, and the Commercial Customs Operations Advisory 
Committee established by section 109 of this Act, develop 
and implement Centers of Excellence and Expertise 
throughout U.S. Customs and Border Protection that— 
(1) enhance the economic competitiveness of the 
United States by consistently enforcing the laws and 
regulations of the United States at all ports of entry 
of the United States and by facilitating the flow of le-
gitimate 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 application 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 operations, 
supply chains, and compliance requirements;
† HR 644 EAS 
(4) promote the uniform implementation at each 
port of entry of the United States of policies and reg-
ulations relating to imports; 
(5) centralize the trade enforcement and trade fa-
cilitation efforts of U.S. Customs and Border Protec-
tion; 
(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 Finance 
of the Senate and the Committee on Ways and Means of 
the House of Representatives a report describing— 
(1) the scope, functions, and structure of each 
Center of Excellence and Expertise developed and im-
plemented under subsection (a);
† HR 644 EAS 
(2) the effectiveness of each such Center of Excel-
lence and Expertise in improving enforcement efforts, 
including enforcement of priority trade issues, and fa-
cilitating 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 Excel-
lence and Expertise in increasing the accuracy and 
completeness of data with respect to international 
trade and facilitating a more efficient flow of infor-
mation between Federal agencies; and 
(6) any planned changes in the number, scope, 
functions or any other aspect of the Centers of Excel-
lence and Expertise developed and implemented under 
subsection (a).
† HR 644 EAS 
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 NA-
TIONAL 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—
† HR 644 EAS 
‘‘(I) to the development and con-
duct of commercial risk assessment tar-
geting with respect to cargo destined 
for the United States in accordance 
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.
† HR 644 EAS 
‘‘(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 necessary 
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 Representa-
tives a summary of proposals to 
consolidate, eliminate, or other-
wise 
modify 
existing 
priority 
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
† HR 644 EAS 
Means of the House of Representa-
tives a summary of proposals to 
establish new priority trade issues 
not later than 30 days after such 
changes are to take effect. 
‘‘(iii) DUTIES.—The duties of each Na-
tional Targeting and Analysis Group shall 
include— 
‘‘(I) directing the trade enforce-
ment and compliance assessment ac-
tivities of U.S. Customs and Border 
Protection that relate to the Group’s 
priority trade issue; 
‘‘(II) facilitating, promoting, and 
coordinating cooperation and the ex-
change of information between U.S. 
Customs and Border Protection, U.S. 
Immigration and Customs Enforce-
ment, and other relevant Federal de-
partments and agencies regarding the 
Group’s priority trade issue; and 
‘‘(III) serving as the primary li-
aison between U.S. Customs and Bor-
der Protection and the public regard-
ing United States Government activi-
† HR 644 EAS 
ties regarding the Group’s priority 
trade issue, including— 
‘‘(aa) providing for receipt 
and transmission to the appro-
priate U.S. Customs and Border 
Protection office of allegations 
from interested parties in the pri-
vate sector of violations of customs 
and trade laws of the United 
States of merchandise relating to 
the priority trade issue; 
‘‘(bb) obtaining information 
from the appropriate U.S. Cus-
toms and Border Protection office 
on the status of any activities re-
sulting from the submission of 
any such allegation, including 
any decision not to pursue the al-
legation, and providing any such 
information to each interested 
party in the private sector that 
submitted the allegation every 90 
days after the allegation was re-
ceived by U.S. Customs and Bor-
der Protection unless providing
† HR 644 EAS 
such 
information 
would 
com-
promise an ongoing law enforce-
ment investigation; and 
‘‘(cc) notifying on a timely 
basis each interested party in the 
private sector that submitted such 
allegation of any civil or criminal 
actions taken by U.S. Customs 
and Border Protection or other 
Federal department or agency re-
sulting from the allegation. 
‘‘(C) COMMERCIAL RISK ASSESSMENT TAR-
GETING.—In carrying out its duties with respect 
to commercial risk assessment targeting, the 
Commercial Targeting Division shall— 
‘‘(i) establish targeted risk assessment 
methodologies and standards— 
‘‘(I) for evaluating the risk that 
cargo destined for the United States 
may violate the customs and trade 
laws of the United States, particularly 
those laws applicable to merchandise 
subject to the priority trade issues de-
scribed in subparagraph (B)(ii); and
† HR 644 EAS 
‘‘(II) for issuing, as appropriate, 
Trade Alerts described in subpara-
graph (D); and 
‘‘(ii) to the extent practicable and oth-
erwise authorized by law, use, to administer 
the methodologies and standards established 
under clause (i)— 
‘‘(I) publicly available informa-
tion; 
‘‘(II) information available from 
the Automated Commercial System, the 
Automated Commercial Environment 
computer system, the Automated Tar-
geting System, the Automated Export 
System, the International Trade Data 
System, the TECS (formerly known as 
the ‘Treasury Enforcement Commu-
nications System’), the case manage-
ment system of U.S. Immigration and 
Customs Enforcement, and any suc-
cessor systems; and 
‘‘(III) information made available 
to the Commercial Targeting Division, 
including information provided by pri-
vate sector entities.
† HR 644 EAS 
‘‘(D) TRADE ALERTS.— 
‘‘(i) ISSUANCE.—Based upon the ap-
plication of the targeted risk assessment 
methodologies and standards established 
under subparagraph (C), the Executive Di-
rector of the Commercial Targeting Division 
and the Directors of the National Targeting 
and Analysis Groups may issue Trade 
Alerts to directors of United States ports of 
entry directing further inspection, or phys-
ical examination or testing, of specific mer-
chandise to ensure compliance with all ap-
plicable customs and trade laws and regula-
tions administered by U.S. Customs and 
Border Protection. 
‘‘(ii) DETERMINATIONS NOT TO IMPLE-
MENT TRADE ALERTS.—The director of a 
United States port of entry may determine 
not to conduct further inspections, or phys-
ical examination or testing, pursuant to a 
Trade Alert issued under clause (i) if the 
director— 
‘‘(I) finds that such a determina-
tion is justified by security interests; 
and
† HR 644 EAS 
‘‘(II) notifies the Assistant Com-
missioner of the Office of Field Oper-
ations and the Assistant Commissioner 
of International Trade of U.S. Customs 
and Border Protection of the deter-
mination and the reasons for the deter-
mination not later than 48 hours after 
making the determination. 
‘‘(iii) SUMMARY OF DETERMINATIONS 
NOT TO IMPLEMENT.—The Assistant Com-
missioner of the Office of Field Operations 
of U.S. Customs and Border Protection 
shall— 
‘‘(I) compile an annual public 
summary of all determinations by di-
rectors of United States ports of entry 
under clause (ii) and the reasons for 
those determinations; 
‘‘(II) conduct an evaluation of the 
utilization of Trade Alerts issued 
under clause (i); and 
‘‘(III) submit the summary to the 
Committee on Finance of the Senate 
and the Committee on Ways and 
Means of the House of Representatives
† HR 644 EAS 
not later than December 31 of each 
year. 
‘‘(iv) INSPECTION
DEFINED.—In this 
subparagraph, the term ‘inspection’ means 
the comprehensive evaluation process used 
by U.S. Customs and Border Protection, 
other than physical examination or testing, 
to permit the entry of merchandise into the 
United States, or the clearance of merchan-
dise for transportation in bond through the 
United States, for purposes of— 
‘‘(I) assessing duties; 
‘‘(II) identifying restricted or pro-
hibited items; and 
‘‘(III) ensuring compliance with 
all applicable customs and trade laws 
and regulations administered by U.S. 
Customs and Border Protection.’’. 
(b) USE OF TRADE DATA FOR COMMERCIAL ENFORCE-
MENT 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-
† HR 644 EAS 
geting, and shall not be used for any commercial 
enforcement purposes, including for determining 
merchandise entry. Notwithstanding the pre-
ceding 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 than March 31, 2016, and 
not later than March 31 of each second year thereafter, 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 Representa-
tives a report assessing, with respect to the period covered 
by the report, as specified in subsection (b), the following: 
(1) The effectiveness of the measures taken by 
U.S. 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 anti-
dumping duties assessed under subtitle B of title 
VII of the Tariff Act of 1930 (19 U.S.C. 1673 et 
seq.);
† HR 644 EAS 
(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 rev-
enue; 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 ap-
propriate. 
(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. 
(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.
† HR 644 EAS 
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 Security 
and the Secretary of the Treasury shall jointly submit to 
the Committee on Finance of the Senate and the Committee 
on Ways and Means of the House of Representatives a re-
port on efforts undertaken by U.S. Customs and Border 
Protection to ensure the secure transportation of merchan-
dise in bond through the United States and the collection 
of revenue owed upon the entry of such merchandise into 
the United States for consumption. 
(b) ELEMENTS.—Each report required by subsection 
(a) shall include, for the fiscal year preceding the submis-
sion of the report, information on— 
(1) the overall number of entries of merchandise 
for transportation in bond through the United States; 
(2) the ports at which merchandise arrives in the 
United States for transportation in bond and at 
which records of the arrival of such merchandise are 
generated; 
(3) the average time taken to reconcile such 
records with the records at the final destination of the 
merchandise in the United States to demonstrate that
† HR 644 EAS 
the merchandise reaches its final destination or is re-
exported; 
(4) the average time taken to transport merchan-
dise in bond from the port at which the merchandise 
arrives in the United States to its final destination 
in the United States; 
(5) the total amount of duties, taxes, and fees 
owed with respect to shipments of merchandise trans-
ported in bond and the total amount of such duties, 
taxes, and fees paid; 
(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 importer 
of record program to assign and maintain importer of 
record numbers. 
(b) REQUIREMENTS.—The Secretary shall ensure that, 
as part of the importer of record program, U.S. Customs 
and Border Protection—
† HR 644 EAS 
(1) develops criteria that importers must meet in 
order to obtain an importer of record number, includ-
ing— 
(A) criteria to ensure sufficient information 
is collected to allow U.S. Customs and Border 
Protection to verify the existence of the importer 
requesting the importer of record number; 
(B) criteria to ensure sufficient information 
is collected to allow U.S. Customs and Border 
Protection to identify linkages or other affili-
ations between importers that are requesting or 
have been assigned importer of record numbers; 
and 
(C) criteria to ensure sufficient information 
is collected to allow U.S. Customs and Border 
Protection to identify changes in address and 
corporate structure of importers; 
(2) provides a process by which importers are as-
signed importer of record numbers; 
(3) maintains a centralized database of importer 
of record numbers, including a history of importer of 
record numbers associated with each importer, and 
the information described in subparagraphs (A), (B), 
and (C) of paragraph (1);
† HR 644 EAS 
(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 Committee 
on Ways and Means of the House of Representatives a re-
port on the importer of record program established under 
subsection (a). 
(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 corresponding 
similar regulation) that fully supports the requirements of 
subsection (b) with respect to the collection and mainte-
nance 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 Commis-
sioner 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 as-
sessed by U.S. Customs and Border Protection for protec-
tion of revenue of the Federal Government.
† HR 644 EAS 
(b) REQUIREMENTS.—The Commissioner shall ensure 
that, as part of the new importer program established under 
subsection (a), U.S. Customs and Border Protection— 
(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 over-
sight of imported products of new importers relating 
to the enforcement of the priority trade issues de-
scribed 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 over-
sight of imported products of new importers by Cen-
ters of Excellence and Expertise established under sec-
tion 110 of this Act; and 
(5) establishes a centralized database of new im-
porters to ensure accuracy of information that is re-
† HR 644 EAS 
quired to be provided by new importers to U.S. Cus-
toms and Border Protection. 
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.
† HR 644 EAS 
(11) The Director of U.S. Immigration and Cus-
toms Enforcement. 
(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 section 
202 of this Act; 
(2) periodically evaluating the adequacy of the 
plans, practices, and resources of the Federal Govern-
ment dedicated to ensuring the safety of merchandise 
imported in the United States and the expeditious 
entry of such merchandise, including— 
(A) minimizing the duplication of efforts 
among agencies the heads of which are members 
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
† HR 644 EAS 
merchandise and considering the impact of those 
actions on private sector entities; 
(3) reviewing the engagement and cooperation of 
foreign governments and foreign manufacturers in fa-
cilitating 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 Security 
and Accountability For Every Port Act of 2006 
(6 U.S.C. 901));
† HR 644 EAS 
(5) identifying best practices to assist Federal, 
State, and local governments and agencies, and port 
authorities, to improve communication and coordina-
tion among such agencies and authorities with respect 
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 in-
crease the accountability of United States importers 
and the engagement of foreign government agencies 
with respect to ensuring the safety of merchandise im-
ported into the United States and the expeditious 
entry of such merchandise. 
SEC. 202. JOINT IMPORT SAFETY RAPID RESPONSE PLAN. 
(a) IN GENERAL.—Not later than December 31, 2016, 
the Secretary of Homeland Security, in consultation with 
the interagency Import Safety Working Group, shall de-
velop a plan (to be known as the ‘‘joint import safety rapid 
response plan’’) that sets forth protocols and defines prac-
tices 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
† HR 644 EAS 
health or safety of consumers in the United States; 
and 
(2) in recovering from or mitigating the effects 
of actions and responses to an incident described in 
paragraph (1). 
(b) CONTENTS.—The joint import safety rapid 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 responses to, 
such an incident; 
(3) the measures to be taken by U.S. Customs 
and Border Protection and other Federal agencies in 
recovering from or mitigating the effects of actions 
taken in response to such an incident after the 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 Pro-
tection may conduct in conjunction with Federal, 
State, and local agencies, and private sector entities, 
to simulate responses to such an incident.
† HR 644 EAS 
(c) UPDATES OF PLAN.—The Secretary of Homeland 
Security shall review and update the joint import safety 
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 agencies 
and private sector entities, as appropriate, to test and 
evaluate the protocols and practices identified in the 
joint import safety rapid response plan at United 
States ports of entry. 
(2) REQUIREMENTS
FOR
EXERCISES.—In 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 geographic lo-
cations across the United States; 
(B) base evaluations on current risk assess-
ments of merchandise entering the United States 
at representative United States ports of entry lo-
cated across the United States;
† HR 644 EAS 
(C) ensure that such exercises are conducted 
in a manner consistent with the National Inci-
dent Management System, the National Response 
Plan, the National Infrastructure Protection 
Plan, the National Preparedness Guidelines, the 
Maritime Transportation System Security Plan, 
and other such national initiatives of the De-
partment of Homeland Security, 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 sub-
section (a)(1). 
(3) REQUIREMENTS FOR TESTING AND EVALUA-
TION.—The Secretary and the Commissioner shall en-
sure that the testing and evaluation carried out in 
conducting exercises under paragraph (1)— 
(A) are performed using clear and objective 
performance measures; and 
(B) result in the identification of specific 
recommendations or best practices for responding 
to an incident described in subsection (a)(1). 
(4) DISSEMINATION OF RECOMMENDATIONS AND 
BEST PRACTICES.—The Secretary and the Commis-
sioner shall—
† HR 644 EAS 
(A) share the recommendations or best prac-
tices identified under paragraph (3)(B) among 
the members of the interagency Import Safety 
Working Group and with, as appropriate— 
(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 pro-
visions of this title and to otherwise assist in ensuring 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’’ re-
fers to copyrights, trademarks, and other forms of intellec-
† HR 644 EAS 
tual property rights that are enforced by U.S. Customs and 
Border Protection or U.S. Immigration and Customs En-
forcement. 
SEC. 302. EXCHANGE OF INFORMATION RELATED TO TRADE 
ENFORCEMENT. 
(a) IN GENERAL.—The Tariff Act of 1930 is amended 
by inserting after section 628 (19 U.S.C. 1628) the fol-
lowing 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 Bor-
der Protection suspects that merchandise is being imported 
into the United States in violation of section 526 of this 
Act or section 602, 1201(a)(2), or 1201(b)(1) of title 17, 
United States Code, and determines that the examination 
or testing of the merchandise by a person described in sub-
section (b) would assist the Commissioner in determining 
if the merchandise is being imported in violation of that 
section, the Commissioner, to permit the person to conduct 
the examination and testing— 
‘‘(1) shall provide to the person information that 
appears on the merchandise and its packaging and 
labels, including unredacted images of the merchan-
dise and its packaging and labels; and
† HR 644 EAS 
‘‘(2) may, subject to any applicable bonding re-
quirements, provide to the person unredacted samples 
of the merchandise. 
‘‘(b) PERSON DESCRIBED.—A person described in this 
subsection is— 
‘‘(1) in the case of merchandise suspected of 
being imported in violation of section 526, the owner 
of the trademark 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 purpose 
of circumventing a technological measure that effec-
tively 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 purpose 
of circumventing protection afforded by a techno-
logical measure that effectively protects a right of an 
owner of a copyright in a work or a portion of a
† HR 644 EAS 
work, and being imported in violation of section 
1201(b)(1) of that title, the owner of the copyright. 
‘‘(c) LIMITATION.—Subsection (a) applies only with 
respect to merchandise suspected of infringing a trademark 
or copyright that is recorded with U.S. Customs and Border 
Protection. 
‘‘(d) EXCEPTION.—The Commissioner may not pro-
vide under subsection (a) information, photographs, or sam-
ples to a person described in subsection (b) if providing such 
information, photographs, or samples would compromise an 
ongoing law enforcement investigation or national secu-
rity.’’. 
(b) TERMINATION
OF PREVIOUS AUTHORITY.—Not-
withstanding paragraph (2) of section 818(g) of Public Law 
112–81 (125 Stat. 1496), 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:
† HR 644 EAS 
‘‘(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 pro-
vided to copyright owners under regulations of U.S. 
Customs and Border Protection for merchandise 
seized for violation of the copyright laws. 
(2) PERSONS TO BE PROVIDED INFORMATION.— 
Any person injured by the violation of (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 Com-
missioner that is revised annually through publica-
tion in the Federal Register.
† HR 644 EAS 
(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 subsection. 
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 Homeland Se-
curity shall authorize a process pursuant to which the Com-
missioner shall enforce a copyright for which the owner has 
submitted an application for registration under title 17, 
United States Code, with the United States Copyright Of-
fice, to the same extent and in the same manner as if the 
copyright were registered with the Copyright Office, includ-
ing by sharing information, images, and samples of mer-
chandise 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 CO-
ORDINATION 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
† HR 644 EAS 
(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 intellectual 
property rights; 
(3) coordinate, with U.S. Customs and Border 
Protection, activities conducted by the United States 
to prevent the importation or exportation of merchan-
dise that infringes intellectual property rights; 
(4) support the international interdiction of 
merchandise destined for the United States that in-
fringes intellectual property rights;
† HR 644 EAS 
(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 Secretary 
of Homeland Security may assign. 
(c) COORDINATION WITH OTHER AGENCIES.—In car-
rying out the duties described in subsection (b), the Assist-
ant Director of the National Intellectual Property Rights 
Coordination Center shall coordinate with—
† HR 644 EAS 
(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 ap-
propriate; and 
(8) any other entities that the Director considers 
appropriate. 
(d) PRIVATE SECTOR OUTREACH.— 
(1) IN GENERAL.—The Assistant Director of the 
National Intellectual Property Rights Coordination 
Center shall work with U.S. Customs and Border Pro-
tection and other Federal agencies to conduct outreach 
to private sector entities in order to determine trends 
in and methods of infringing intellectual property 
rights. 
(2) INFORMATION SHARING.—The Assistant Di-
rector shall share information and best practices with 
respect to the enforcement of intellectual property
† HR 644 EAS 
rights with private sector entities, as appropriate, in 
order to coordinate public and private sector efforts to 
combat the infringement of intellectual property 
rights. 
SEC. 306. JOINT STRATEGIC PLAN FOR THE ENFORCEMENT 
OF INTELLECTUAL PROPERTY RIGHTS. 
The Commissioner and the Director of U.S. 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 Department 
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. Immi-
gration and Customs Enforcement are adequately en-
forcing intellectual property rights.
† HR 644 EAS 
SEC. 307. PERSONNEL DEDICATED TO THE ENFORCEMENT 
OF INTELLECTUAL PROPERTY RIGHTS. 
(a) PERSONNEL OF U.S. CUSTOMS AND BORDER PRO-
TECTION.—The Commissioner and the Director of U.S. Im-
migration and Customs Enforcement shall ensure that suffi-
cient personnel are assigned throughout U.S. Customs and 
Border Protection and U.S. Immigration and Customs En-
forcement, respectively, who have responsibility for pre-
venting the importation into the United States of merchan-
dise that infringes intellectual property rights. 
(b) STAFFING OF NATIONAL INTELLECTUAL PROPERTY 
RIGHTS
COORDINATION
CENTER.—The 
Commissioner 
shall— 
(1) assign not fewer than 3 full-time employees 
of U.S. Customs and Border Protection to the Na-
tional Intellectual Property Rights Coordination Cen-
ter established under section 305 of this Act; and 
(2) ensure that sufficient personnel are assigned 
to United States ports of entry to carry out the direc-
tives of the Center. 
SEC. 308. TRAINING WITH RESPECT TO THE ENFORCEMENT 
OF INTELLECTUAL PROPERTY RIGHTS. 
(a) TRAINING.—The Commissioner shall ensure that 
officers of U.S. Customs and Border Protection are trained 
to effectively detect and identify merchandise destined for 
the United States that infringes intellectual property rights,
† HR 644 EAS 
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 re-
spect to training for officers of U.S. Customs and Border 
Protection in enforcing intellectual property rights. 
(c) IDENTIFICATION OF NEW TECHNOLOGIES.—In con-
sultation with private sector entities, the Commissioner 
shall identify— 
(1) technologies with the cost-effective capability 
to detect and identify merchandise at United States 
ports of entry that infringes intellectual property 
rights; and 
(2) cost-effective programs for training officers of 
U.S. Customs and Border Protection to use such tech-
nologies. 
(d) DONATIONS OF TECHNOLOGY.—Not later than the 
date that is 180 days after the date of the enactment of 
this Act, the Commissioner shall prescribe regulations to en-
able U.S. Customs and Border Protection to receive dona-
tions of hardware, software, equipment, and similar tech-
nologies, and to accept training and other support services,
† HR 644 EAS 
from private sector entities, for the purpose of enforcing in-
tellectual property rights. 
SEC. 309. INTERNATIONAL COOPERATION AND INFORMA-
TION SHARING. 
(a) COOPERATION.—The Secretary of Homeland Secu-
rity shall coordinate with the competent law enforcement 
and customs authorities of foreign countries, including by 
sharing information relevant to enforcement actions, to en-
hance the efforts of the United States and such authorities 
to enforce intellectual property rights. 
(b) TECHNICAL ASSISTANCE.—The Secretary of Home-
land Security shall provide technical assistance to com-
petent law enforcement and customs authorities of foreign 
countries to enhance the ability of such authorities to en-
force 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. 
SEC. 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS 
ENFORCEMENT. 
Not later than June 30, 2016, and annually thereafter, 
the Commissioner and the Director of U.S. Immigration 
and Customs Enforcement shall jointly submit to the Com-
† HR 644 EAS 
mittee on Finance of the Senate and the Committee on 
Ways and Means of the House of Representatives a report 
that contains the following: 
(1) With respect to the enforcement of intellectual 
property rights, the following: 
(A) The number of referrals from U.S. Cus-
toms and Border Protection to U.S. Immigration 
and Customs Enforcement relating to infringe-
ment of intellectual property rights during the 
preceding year. 
(B) The number of investigations relating to 
the infringement of intellectual property rights 
referred by U.S. Immigration and Customs En-
forcement to a United States attorney for pros-
ecution 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 investigation. 
(D) The number of such investigations that 
resulted in the imposition of civil or criminal 
penalties. 
(E) A description of the efforts of U.S. Cus-
toms and Border Protection and U.S. Immigra-
tion and Customs Enforcement to improve the
† HR 644 EAS 
success rates of investigations and prosecutions 
relating to the infringement of intellectual prop-
erty 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 merchan-
dise detained by U.S. Customs and Border Protection 
infringed intellectual property rights, distinguished 
by types of intellectual property rights infringed. 
(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; 
(B) collaboration with private sector enti-
ties— 
(i) to identify trends in the infringe-
ment of, and technologies that infringe, in-
tellectual property rights; 
(ii) to identify opportunities for en-
hanced training of officers of U.S. Customs
† HR 644 EAS 
and Border Protection and U.S. Immigra-
tion and Customs Enforcement; and 
(iii) to develop best practices to enforce 
intellectual property rights; and 
(C) coordination with foreign governments 
and international organizations with respect to 
the enforcement of intellectual property rights. 
(4) A summary of the efforts of U.S. Customs 
and Border Protection and U.S. Immigration and 
Customs Enforcement to address the challenges with 
respect to the enforcement of intellectual property 
rights presented by Internet commerce and the transit 
of small packages and an identification of the volume, 
value, and type of merchandise seized for infringing 
intellectual property rights as a result of such efforts. 
(5) A summary of training relating to the en-
forcement of intellectual property rights conducted 
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
† HR 644 EAS 
about the legal, economic, and public health and safety im-
plications of acquiring merchandise that infringes intellec-
tual property rights outside the United States and import-
ing such merchandise into the United States in violation 
of United States law. 
(b) DECLARATION FORMS.—The Commissioner shall 
ensure that all versions of Declaration Form 6059B of U.S. 
Customs and Border Protection, or a successor form, includ-
ing any electronic equivalent of Declaration Form 6059B 
or a successor form, printed or displayed on or after the 
date that is 30 days after the date of the enactment of this 
Act include a written warning to inform travelers arriving 
in the United States that importation of merchandise into 
the United States that infringes intellectual property rights 
may subject travelers to civil or criminal penalties and may 
pose serious risks to safety or health. 
TITLE 
IV—EVASION 
OF 
ANTI-
DUMPING 
AND 
COUNTER-
VAILING DUTY ORDERS 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Enforcing Orders and 
Reducing Customs Evasion Act of 2015’’.
† HR 644 EAS 
SEC. 402. PROCEDURES FOR INVESTIGATING CLAIMS OF 
EVASION OF ANTIDUMPING AND COUNTER-
VAILING DUTY ORDERS. 
(a) IN GENERAL.—The Tariff Act of 1930 is amended 
by inserting after section 516A (19 U.S.C. 1516a) the fol-
lowing: 
‘‘SEC. 517. PROCEDURES FOR INVESTIGATING CLAIMS OF 
EVASION OF ANTIDUMPING AND COUNTER-
VAILING DUTY ORDERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTERING
AUTHORITY.—The term 
‘administering authority’ has the meaning given that 
term in section 771(1). 
‘‘(2) COMMISSIONER.—The term ‘Commissioner’ 
means the Commissioner responsible for U.S. Customs 
and Border Protection, acting pursuant to the delega-
tion by the Secretary of the Treasury of the authority 
of the Secretary with respect to customs revenue func-
tions (as defined in section 415 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 215)). 
‘‘(3) COVERED MERCHANDISE.—The term ‘cov-
ered merchandise’ means merchandise that is subject 
to— 
‘‘(A) an antidumping duty order issued 
under section 736;
† HR 644 EAS 
‘‘(B) a finding issued under the Anti-
dumping Act, 1921; or 
‘‘(C) a countervailing duty order issued 
under section 706. 
‘‘(4) ENTER; ENTRY.—The terms ‘enter’ and 
‘entry’ refer to the entry, or withdrawal from ware-
house for consumption, of merchandise in the customs 
territory of the United States. 
‘‘(5) EVASION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘evasion’ refers to 
entering covered 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 provided 
in clause (ii), the term ‘evasion’ does not 
include entering covered merchandise into
† HR 644 EAS 
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. 
‘‘(ii) PATTERNS
OF
NEGLIGENT
CON-
DUCT.—If the Commissioner determines 
that a person has entered covered merchan-
dise into the customs territory of the United 
States by means of a clerical error referred 
to in subclause (I) or (II) of clause (i) and 
that the clerical error is part of a pattern 
of negligent conduct on the part of that per-
son, the Commissioner may determine, not-
withstanding clause (i), that the person has 
entered such covered merchandise into the 
customs territory of the United States 
through evasion. 
‘‘(iii) ELECTRONIC REPETITION OF ER-
RORS.—For purposes of clause (ii), the mere 
nonintentional repetition by an electronic
† HR 644 EAS 
system of an initial clerical error does not 
constitute a pattern of negligent conduct. 
‘‘(iv) RULE OF CONSTRUCTION.—A de-
termination by the Commissioner that a 
person has entered covered merchandise into 
the customs territory of the United States 
by means of a clerical error referred to in 
subclause (I) or (II) of clause (i) rather 
than through evasion shall not be construed 
to excuse that person from the payment of 
any duties applicable to the merchandise. 
‘‘(6) INTERESTED PARTY.— 
‘‘(A) IN
GENERAL.—The term ‘interested 
party’ means— 
‘‘(i) a manufacturer, producer, or 
wholesaler in the United States of a domes-
tic like product; 
‘‘(ii) a certified union or recognized 
union or group of workers that is represent-
ative of an industry engaged in the manu-
facture, production, or wholesale in the 
United States of a domestic like product; 
‘‘(iii) a trade or business association a 
majority of whose members manufacture,
† HR 644 EAS 
produce, or wholesale a domestic like prod-
uct in the United States; 
‘‘(iv) an association, a majority of 
whose members is composed of interested 
parties described in clause (i), (ii), or (iii) 
with respect to a domestic like product; and 
‘‘(v) if the covered merchandise is a 
processed agricultural product, as defined 
in section 771(4)(E), a coalition or trade 
association that is representative of either— 
‘‘(I) processors; 
‘‘(II) processors and producers; or 
‘‘(III) processors and growers, 
but this clause shall cease to have effect if 
the United States Trade Representative no-
tifies the administering authority and the 
Commission that the application of this 
clause is inconsistent with the international 
obligations of the United States. 
‘‘(B) DOMESTIC LIKE PRODUCT.—For pur-
poses of subparagraph (A), the term ‘domestic 
like product’ means a product that is like, or in 
the absence of like, most similar in characteris-
tics and uses with, covered merchandise. 
‘‘(b) INVESTIGATIONS.—
† HR 644 EAS 
‘‘(1) IN GENERAL.—Not later than 10 business 
days after receiving an allegation described in para-
graph (2) or a referral described in paragraph (3), 
the Commissioner shall initiate an investigation if 
the Commissioner determines that the information 
provided in the allegation or the referral, as the case 
may be, reasonably suggests that covered merchandise 
has been entered into the customs territory of the 
United States through evasion. 
‘‘(2) ALLEGATION
DESCRIBED.—An allegation 
described in this paragraph is an allegation that a 
person has entered covered merchandise into the cus-
toms territory of the United States through evasion 
that is— 
‘‘(A) filed with the Commissioner by an in-
terested party; and 
‘‘(B) accompanied by information reason-
ably available to the party that filed the allega-
tion. 
‘‘(3) REFERRAL
DESCRIBED.—A referral de-
scribed in this paragraph is information submitted to 
the Commissioner by any other Federal agency, in-
cluding the Department of Commerce or the United 
States International Trade Commission, that reason-
ably suggests that a person has entered covered mer-
† HR 644 EAS 
chandise into the customs territory of the United 
States through evasion. 
‘‘(4) CONSOLIDATION OF ALLEGATIONS AND RE-
FERRALS.— 
‘‘(A) IN GENERAL.—The Commissioner may 
consolidate multiple allegations described in 
paragraph (2) and referrals described in para-
graph (3) into a single investigation if the Com-
missioner determines it is appropriate to do so. 
‘‘(B) EFFECT ON TIMING REQUIREMENTS.— 
If the Commissioner consolidates multiple allega-
tions or referrals into a single investigation 
under subparagraph (A), the date on which the 
Commissioner receives the first such allegation or 
referral shall be used for purposes of the require-
ment under paragraph (1) with respect to the 
timing of the initiation of the investigation. 
‘‘(5) 
INFORMATION-SHARING
TO
PROTECT 
HEALTH AND SAFETY.—If, during the course of con-
ducting an investigation under paragraph (1) with 
respect to covered merchandise, the Commissioner has 
reason to suspect that such covered merchandise may 
pose a health or safety risk to consumers, the Commis-
sioner shall provide, as appropriate, information to
† HR 644 EAS 
the appropriate Federal agencies for purposes of miti-
gating the risk. 
‘‘(6) TECHNICAL ASSISTANCE AND ADVICE.— 
‘‘(A) IN GENERAL.—Upon request, the Com-
missioner shall provide technical assistance and 
advice to eligible small businesses to enable such 
businesses to prepare and submit allegations de-
scribed in paragraph (2), except that the Com-
missioner may deny assistance if the Commis-
sioner concludes that the allegation, if submitted, 
would not lead to the initiation of an investiga-
tion under this subsection or any other action to 
address the allegation. 
‘‘(B) 
ELIGIBLE
SMALL
BUSINESS
DE-
FINED.— 
‘‘(i) IN GENERAL.—In this paragraph, 
the term ‘eligible small business’ means any 
business concern that the Commissioner de-
termines, due to its small size, has neither 
adequate internal resources nor the finan-
cial ability to obtain qualified outside as-
sistance in preparing and filing allegations 
described in paragraph (2). 
‘‘(ii) NON-REVIEWABILITY.—The deter-
mination of the Commissioner regarding
† HR 644 EAS 
whether a business concern is an eligible 
small business for purposes of this para-
graph is not reviewable by any other agency 
or by any court. 
‘‘(c) DETERMINATIONS.— 
‘‘(1) IN GENERAL.—Not later than 270 calendar 
days after the date on which the Commissioner initi-
ates an investigation under subsection (b) with re-
spect to covered merchandise, the Commissioner shall 
make a determination, based on substantial evidence, 
with respect to whether such covered merchandise was 
entered into the customs territory of the United States 
through evasion. 
‘‘(2) AUTHORITY TO COLLECT AND VERIFY ADDI-
TIONAL INFORMATION.—In making a determination 
under paragraph (1) with respect to covered merchan-
dise, the Commissioner may collect such additional 
information as is necessary to make the determina-
tion through such methods as the Commissioner con-
siders appropriate, including by— 
‘‘(A) issuing a questionnaire with respect to 
such covered merchandise to— 
‘‘(i) an interested party that filed an 
allegation under paragraph (2) of sub-
section (b) that resulted in the initiation of
† HR 644 EAS 
an investigation under paragraph (1) of 
that subsection with respect to such covered 
merchandise; 
‘‘(ii) a person alleged to have entered 
such covered merchandise into the customs 
territory of the United States through 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 ex-
ported; and 
‘‘(B) conducting verifications, including on- 
site verifications, of any relevant information. 
‘‘(3) ADVERSE
INFERENCE.—If the Commis-
sioner finds that a party or person described in clause 
(i), (ii), or (iii) of paragraph (2)(A) has failed to co-
operate by not acting to the best of the party or per-
son’s ability to comply with a request for informa-
tion, the Commissioner may, in making a determina-
tion under paragraph (1), use an inference that is ad-
verse to the interests of that party or person in select-
ing from among the facts otherwise available to make 
the determination.
† HR 644 EAS 
‘‘(4) NOTIFICATION.—Not later than 5 business 
days after making a determination under paragraph 
(1) with respect to covered merchandise, the Commis-
sioner— 
‘‘(A) shall provide to each interested party 
that filed an allegation under paragraph (2) of 
subsection (b) that resulted in the initiation of 
an investigation under paragraph (1) of that 
subsection with respect to such covered merchan-
dise a notification of the determination and 
may, in addition, include an explanation of the 
basis for the determination; and 
‘‘(B) may provide to importers, in such 
manner as the Commissioner determines appro-
priate, information discovered in the investiga-
tion that the Commissioner determines will help 
educate importers with respect to importing mer-
chandise into the customs territory of the United 
States in accordance with all applicable laws 
and regulations. 
‘‘(d) EFFECT OF DETERMINATIONS.— 
‘‘(1) IN GENERAL.—If the Commissioner makes a 
determination under subsection (c) that covered mer-
chandise was entered into the customs territory of the
† HR 644 EAS 
United States through evasion, the Commissioner 
shall— 
‘‘(A)(i) suspend the liquidation of unliqui-
dated entries of such covered merchandise that 
are subject to the determination and that enter 
on or after the date of the initiation of the inves-
tigation under subsection (b) with respect to such 
covered merchandise and on or before the date of 
the determination; or 
‘‘(ii) if the Commissioner has already sus-
pended the liquidation of such entries pursuant 
to subsection (e)(1), continue to suspend the liq-
uidation of such entries; 
‘‘(B) pursuant to the Commissioner’s au-
thority under section 504(b)— 
‘‘(i) extend the period for liquidating 
unliquidated entries of such covered mer-
chandise that are subject to the determina-
tion and that entered before the date of the 
initiation of the investigation; or 
‘‘(ii) if the Commissioner has already 
extended the period for liquidating such en-
tries pursuant to subsection (e)(1), continue 
to extend the period for liquidating such en-
tries;
† HR 644 EAS 
‘‘(C) notify the administering authority of 
the determination and request that the admin-
istering authority— 
‘‘(i) identify the applicable anti-
dumping or countervailing duty assessment 
rates for entries described in subparagraphs 
(A) and (B); or 
‘‘(ii) if no such assessment rate for 
such an entry is available at the time, iden-
tify the applicable cash deposit rate to be 
applied to the entry, with the applicable 
antidumping or countervailing duty assess-
ment rate to be provided as soon as that 
rate becomes available; 
‘‘(D) require the posting of cash deposits 
and assess duties on entries described in sub-
paragraphs (A) and (B) in accordance with the 
instructions received from the administering au-
thority under paragraph (2); and 
‘‘(E) take such additional enforcement 
measures as the Commissioner determines appro-
priate, such as— 
‘‘(i) initiating proceedings under sec-
tion 592 or 596;
† HR 644 EAS 
‘‘(ii) implementing, in consultation 
with the relevant Federal agencies, rule sets 
or modifications to rules sets for identi-
fying, particularly through the Automated 
Targeting System and the Automated Com-
mercial Environment authorized under sec-
tion 13031(f) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 
U.S.C. 58c(f)), importers, other parties, and 
merchandise that may be associated with 
evasion; 
‘‘(iii) requiring, with respect to mer-
chandise for which the importer has repeat-
edly provided incomplete or erroneous entry 
summary information in connection with 
determinations of evasion, the importer to 
deposit estimated duties at the time of 
entry; and 
‘‘(iv) referring the record in whole or 
in part to U.S. Immigration and Customs 
Enforcement for civil or criminal investiga-
tion. 
‘‘(2) COOPERATION OF ADMINISTERING AUTHOR-
ITY.—
† HR 644 EAS 
‘‘(A) IN GENERAL.—Upon receiving a noti-
fication from the Commissioner under paragraph 
(1)(C), 
the 
administering 
authority 
shall 
promptly provide to the Commissioner the appli-
cable cash deposit rates and antidumping or 
countervailing duty assessment rates and any 
necessary liquidation instructions. 
‘‘(B) SPECIAL RULE FOR CASES IN WHICH 
THE PRODUCER OR EXPORTER IS UNKNOWN.—If 
the Commissioner and the administering author-
ity are unable to determine the producer or ex-
porter of the merchandise with respect to which 
a notification is made under paragraph (1)(C), 
the administering authority shall identify, as the 
applicable cash deposit rate or antidumping or 
countervailing duty assessment rate, the cash de-
posit or duty (as the case may be) in the highest 
amount applicable to any producer or exporter, 
including the ‘all-others’ rate of the merchandise 
subject to an antidumping order or counter-
vailing duty order under section 736 or 706, re-
spectively, or a finding issued under the Anti-
dumping Act, 1921, or any administrative re-
view conducted under section 751.
† HR 644 EAS 
‘‘(e) INTERIM MEASURES.—Not later than 90 calendar 
days after initiating an investigation under subsection (b) 
with respect to covered merchandise, the Commissioner shall 
decide based on the investigation if there is a reasonable 
suspicion that such covered merchandise was entered into 
the customs territory of the United States through evasion 
and, if the Commissioner decides there is such a reasonable 
suspicion, the Commissioner shall— 
‘‘(1) suspend the liquidation of each unliquidated 
entry of such covered merchandise that entered on or 
after the date of the initiation of the investigation; 
‘‘(2) pursuant to the Commissioner’s authority 
under section 504(b), extend the period for liquidating 
each unliquidated entry of such covered merchandise 
that entered before the date of the initiation of the in-
vestigation; and 
‘‘(3) pursuant to the Commissioner’s authority 
under section 623, take such additional measures as 
the Commissioner determines necessary to protect the 
revenue of the United States, including requiring a 
single transaction bond or additional security or the 
posting of a cash deposit with respect to such covered 
merchandise. 
‘‘(f) ADMINISTRATIVE REVIEW.—
† HR 644 EAS 
‘‘(1) IN GENERAL.—Not later than 30 business 
days after the Commissioner makes a determination 
under subsection (c) with respect to whether covered 
merchandise was entered into the customs territory of 
the United States through evasion, a person deter-
mined to have entered such covered merchandise 
through evasion or an interested party that filed an 
allegation under paragraph (2) of subsection (b) that 
resulted in the initiation of an investigation under 
paragraph (1) of that subsection with respect to such 
covered merchandise may file an appeal with the 
Commissioner for de novo review of the determina-
tion. 
‘‘(2) TIMELINE FOR REVIEW.—Not later than 60 
business days after an appeal of a determination is 
filed under paragraph (1), the Commissioner shall 
complete the review of the determination. 
‘‘(g) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Not later than 30 business 
days after the Commissioner completes a review under 
subsection (f) of a determination under subsection (c) 
with respect to whether covered merchandise was en-
tered into the customs territory of the United States 
through evasion, a person determined to have entered 
such covered merchandise through evasion or an in-
100 
† HR 644 EAS 
terested party that filed an allegation under para-
graph (2) of subsection (b) that resulted in the initi-
ation of an investigation under paragraph (1) of that 
subsection with respect to such covered merchandise 
may commence a civil action in the United States 
Court of International Trade by filing concurrently a 
summons and complaint contesting any factual find-
ings or legal conclusions upon which the determina-
tion is based. 
‘‘(2) STANDARD OF REVIEW.—In a civil action 
under this subsection, the court shall hold unlawful 
any determination, finding, or conclusion found to be 
arbitrary, capricious, an abuse of discretion, or other-
wise not in accordance with law. 
‘‘(h) RULE
OF CONSTRUCTION WITH RESPECT
TO 
OTHER CIVIL AND CRIMINAL PROCEEDINGS AND INVES-
TIGATIONS.—No determination under subsection (c) or ac-
tion taken by the Commissioner pursuant to this section 
shall be construed to limit the authority to carry out, or 
the scope of, any other proceeding or investigation pursuant 
to any other provision of Federal or State law, including 
sections 592 and 596.’’. 
(b) CONFORMING AMENDMENT.—Section 1581(c) of 
title 28, United States Code, is amended by inserting ‘‘or 
517’’ after ‘‘516A’’.
101 
† HR 644 EAS 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date that is 180 days after 
the date of the enactment of this Act. 
(d) REGULATIONS.—Not later than the date that is 180 
days after the date of the enactment of this Act, the Sec-
retary of the Treasury shall prescribe such regulations as 
may be necessary to implement the amendments made by 
this section. 
(e) APPLICATION TO CANADA AND MEXICO.—Pursuant 
to article 1902 of the North American Free Trade Agree-
ment and section 408 of the North American Free Trade 
Agreement Implementation Act (19 U.S.C. 3438), the 
amendments made by this section shall apply with respect 
to goods from Canada and Mexico. 
SEC. 403. ANNUAL REPORT ON PREVENTION AND INVES-
TIGATION OF EVASION OF ANTIDUMPING AND 
COUNTERVAILING DUTY ORDERS. 
(a) IN GENERAL.—Not later than January 15 of each 
calendar year that begins on or after the date that is 270 
days after the date of the enactment of this Act, the Commis-
sioner, in consultation with the Secretary of Commerce and 
the Director of U.S. Immigration and Customs Enforce-
ment, shall submit to the Committee on Finance of the Sen-
ate and the Committee on Ways and Means of the House 
of Representatives a report on the efforts being taken to pre-
102 
† HR 644 EAS 
vent and investigate the entry of covered merchandise into 
the customs territory of the United States through evasion. 
(b) CONTENTS.—Each report required under sub-
section (a) shall include— 
(1) for the calendar year preceding the submis-
sion of the report— 
(A) a summary of the efforts of U.S. Cus-
toms and Border Protection to prevent and in-
vestigate the entry of covered merchandise into 
the customs territory of the United States 
through evasion; 
(B) the number of allegations of evasion re-
ceived under subsection (b) of section 517 of the 
Tariff Act of 1930, as added by section 402 of 
this Act, and the number of such allegations re-
sulting in investigations by U.S. Customs and 
Border Protection or any other agency; 
(C) a summary of investigations initiated 
under subsection (b) of such section 517, includ-
ing— 
(i) the number and nature of the inves-
tigations initiated, conducted, and com-
pleted; and 
(ii) the resolution of each completed in-
vestigation;
103 
† HR 644 EAS 
(D) the number of investigations initiated 
under that subsection not completed during the 
time provided for making determinations under 
subsection (c) of such section 517 and an expla-
nation for why the investigations could not be 
completed on time; 
(E) the amount of additional duties that 
were determined to be owed as a result of such 
investigations, the amount of such duties that 
were collected, and, for any such duties not col-
lected, a description of the reasons those duties 
were not collected; 
(F) with respect to each such investigation 
that led to the imposition of a penalty, the 
amount of the penalty; 
(G) an identification of the countries of ori-
gin of covered merchandise determined under 
subsection (c) of such section 517 to be entered 
into the customs territory of the United States 
through evasion; 
(H) the amount of antidumping and coun-
tervailing duties collected as a result of any in-
vestigations or other actions by U.S. Customs 
and Border Protection or any other agency;
104 
† HR 644 EAS 
(I) a description of the allocation of per-
sonnel and other resources of U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs Enforcement to prevent and investigate 
evasion, including any assessments conducted re-
garding the allocation of such personnel and re-
sources; and 
(J) a description of training conducted to 
increase expertise and effectiveness in the preven-
tion and investigation of evasion; and 
(2) a description of processes and procedures of 
U.S. Customs and Border Protection to prevent and 
investigate evasion, including— 
(A) the specific guidelines, policies, and 
practices used by U.S. Customs and Border Pro-
tection to ensure that allegations of evasion are 
promptly evaluated and acted upon in a timely 
manner; 
(B) an evaluation of the efficacy of those 
guidelines, policies, and practices; 
(C) an identification of any changes since 
the last report required by this section, if any, 
that have materially improved or reduced the ef-
fectiveness of U.S. Customs and Border Protec-
tion in preventing and investigating evasion;
105 
† HR 644 EAS 
(D) a description of the development and 
implementation of policies for the application of 
single entry and continuous bonds for entries of 
covered merchandise to sufficiently protect the 
collection of antidumping and countervailing du-
ties commensurate with the level of risk of not 
collecting those duties; 
(E) a description of the processes and proce-
dures for increased cooperation and information 
sharing with the Department of Commerce, U.S. 
Immigration and Customs Enforcement, and 
any other relevant Federal agencies to prevent 
and investigate evasion; and 
(F) an identification of any recommended 
policy changes for other Federal agencies or leg-
islative changes to improve the effectiveness of 
U.S. Customs and Border Protection in pre-
venting and investigating evasion. 
(c) PUBLIC SUMMARY.—The Commissioner shall make 
available to the public a summary of the report required 
by subsection (a) that includes, at a minimum— 
(1) a description of the type of merchandise with 
respect to which investigations were initiated under 
subsection (b) of section 517 of the Tariff Act of 1930, 
as added by section 402 of this Act;
106 
† HR 644 EAS 
(2) the amount of additional duties determined 
to be owed as a result of such investigations and the 
amount of such duties that were collected; 
(3) an identification of the countries of origin of 
covered merchandise determined under subsection (c) 
of such section 517 to be entered into the customs ter-
ritory of the United States through evasion; and 
(4) a description of the types of measures used 
by U.S. Customs and Border Protection to prevent 
and investigate evasion. 
(d) DEFINITIONS.—In this section, the terms ‘‘covered 
merchandise’’ and ‘‘evasion’’ have the meanings given those 
terms in section 517(a) of the Tariff Act of 1930, as added 
by section 402 of this Act. 
TITLE 
V—AMENDMENTS 
TO 
ANTIDUMPING 
AND 
COUN-
TERVAILING DUTY LAWS 
SEC. 501. CONSEQUENCES OF FAILURE TO COOPERATE 
WITH A REQUEST FOR INFORMATION IN A 
PROCEEDING. 
Section 776 of the Tariff Act of 1930 (19 U.S.C. 1677e) 
is amended— 
(1) in subsection (b)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (4) as subparagraphs (A) through (D),
107 
† HR 644 EAS 
respectively, and by moving such subparagraphs, 
as so redesignated, 2 ems to the right; 
(B) by striking ‘‘ADVERSE INFERENCES.— 
If’’ and inserting the following: ‘‘ADVERSE IN-
FERENCES.— 
‘‘(1) IN GENERAL.—If’’; 
(C) by striking ‘‘under this title, may use’’ 
and inserting the following: ‘‘under this title— 
‘‘(A) may use’’; and 
(D) by striking ‘‘facts otherwise available. 
Such adverse inference may include’’ and insert-
ing the following: ‘‘facts otherwise available; and 
‘‘(B) is not required to determine, or make 
any adjustments to, a countervailable subsidy 
rate or weighted average dumping margin based 
on any assumptions about information the inter-
ested party would have provided if the interested 
party had complied with the request for informa-
tion. 
‘‘(2) POTENTIAL SOURCES OF INFORMATION FOR 
ADVERSE INFERENCES.—An adverse inference under 
paragraph (1)(A) may include’’; 
(2) in subsection (c)— 
(A) by striking ‘‘CORROBORATION OF SEC-
ONDARY INFORMATION.—When the’’ and insert-
108 
† HR 644 EAS 
ing the following: ‘‘CORROBORATION
OF SEC-
ONDARY INFORMATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), when the’’; and 
(B) by adding at the end the following: 
‘‘(2) EXCEPTION.—The administrative authority 
and the Commission shall not be required to corrobo-
rate any dumping margin or countervailing duty ap-
plied in a separate segment of the same proceeding.’’; 
and 
(3) by adding at the end the following: 
‘‘(d) SUBSIDY RATES AND DUMPING MARGINS IN AD-
VERSE INFERENCE DETERMINATIONS.— 
‘‘(1) IN GENERAL.—If the administering author-
ity uses an inference that is adverse to the interests 
of a party under subsection (b)(1)(A) in selecting 
among the facts otherwise available, the admin-
istering authority may— 
‘‘(A) in the case of a countervailing duty 
proceeding— 
‘‘(i) use a countervailable subsidy rate 
applied for the same or similar program in 
a countervailing duty proceeding involving 
the same country, or
109 
† HR 644 EAS 
‘‘(ii) if there is no same or similar 
program, use a countervailable subsidy rate 
for a subsidy program from a proceeding 
that the administering authority considers 
reasonable to use, and 
‘‘(B) in the case of an antidumping duty 
proceeding, use any dumping margin from any 
segment of the proceeding under the applicable 
antidumping order. 
‘‘(2) DISCRETION TO APPLY HIGHEST RATE.—In 
carrying out paragraph (1), the administering au-
thority may apply any of the countervailable subsidy 
rates or dumping margins specified under that para-
graph, including the highest such rate or margin, 
based on the evaluation by the administering author-
ity of the situation that resulted in the administering 
authority using an adverse inference in selecting 
among the facts otherwise available. 
‘‘(3) NO OBLIGATION TO MAKE CERTAIN ESTI-
MATES OR ADDRESS CERTAIN CLAIMS.—If the admin-
istering authority uses an adverse inference under 
subsection (b)(1)(A) in selecting among the facts oth-
erwise available, the administering authority is not 
required, for purposes of subsection (c) or for any 
other purpose—
110 
† HR 644 EAS 
‘‘(A) to estimate what the countervailable 
subsidy rate or dumping margin would have 
been if the interested party found to have failed 
to cooperate under subsection (b)(1) had cooper-
ated, or 
‘‘(B) to demonstrate that the countervailable 
subsidy rate or dumping margin used by the ad-
ministering authority reflects an alleged com-
mercial reality of the interested party.’’. 
SEC. 502. DEFINITION OF MATERIAL INJURY. 
(a) EFFECT OF PROFITABILITY OF DOMESTIC INDUS-
TRIES.—Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)) is amended by adding at the end the following: 
‘‘(J) 
EFFECT
OF
PROFITABILITY.—The 
Commission shall not determine that there is no 
material injury or threat of material injury to 
an industry in the United States merely because 
that industry is profitable or because the per-
formance of that industry has recently im-
proved.’’. 
(b) EVALUATION OF IMPACT ON DOMESTIC INDUSTRY 
IN DETERMINATION OF MATERIAL INJURY.—Subclause (I) 
of section 771(7)(C)(iii) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(C)(iii)) is amended to read as follows:
111 
† HR 644 EAS 
‘‘(I) actual and potential decline 
in output, sales, market share, gross 
profits, operating profits, net profits, 
ability to service debt, productivity, re-
turn on investments, return on assets, 
and utilization of capacity,’’. 
(c) CAPTIVE PRODUCTION.—Section 771(7)(C)(iv) of 
the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iv)) is amend-
ed— 
(1) in subclause (I), by striking the comma and 
inserting ‘‘, and’’; 
(2) in subclause (II), by striking ‘‘, and’’ and in-
serting a comma; and 
(3) by striking subclause (III). 
SEC. 503. PARTICULAR MARKET SITUATION. 
(a) DEFINITION OF ORDINARY COURSE OF TRADE.— 
Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 
1677(15)) is amended by adding at the end the following: 
‘‘(C) Situations in which the administering 
authority determines that the particular market 
situation prevents a proper comparison with the 
export price or constructed export price.’’. 
(b) 
DEFINITION
OF
NORMAL
VALUE.—Section 
773(a)(1)(B)(ii)(III) of the Tariff Act of 1930 (19 U.S.C.
112 
† HR 644 EAS 
1677b(a)(1)(B)(ii)(III)) is amended by striking ‘‘in such 
other country.’’. 
(c) DEFINITION OF CONSTRUCTED VALUE.—Section 
773(e) of the Tariff Act of 1930 (19 U.S.C. 1677b(e)) is 
amended— 
(1) in paragraph (1), by striking ‘‘business’’ and 
inserting ‘‘trade’’; and 
(2) By striking the flush text at the end and in-
serting the following: 
‘‘For purposes of paragraph (1), if a particular market sit-
uation exists such that the cost of materials and fabrication 
or other processing of any kind does not accurately reflect 
the cost of production in the ordinary course of trade, the 
administering authority may use another calculation meth-
odology under this subtitle or any other calculation method-
ology. For purposes of paragraph (1), the cost of materials 
shall be determined without regard to any internal tax in 
the exporting country imposed on such materials or their 
disposition that is remitted or refunded upon exportation 
of the subject merchandise produced from such materials.’’. 
SEC. 504. DISTORTION OF PRICES OR COSTS. 
(a) INVESTIGATION OF BELOW-COST SALES.—Section 
773(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1677b(b)(2)) 
is amended by striking subparagraph (A) and inserting the 
following:
113 
† HR 644 EAS 
‘‘(A) REASONABLE
GROUNDS
TO
BELIEVE 
OR SUSPECT.— 
‘‘(i) REVIEW.—In a review conducted 
under section 751 involving a specific ex-
porter, there are reasonable grounds to be-
lieve or suspect that sales of the foreign like 
product have been made at prices that are 
less than the cost of production of the prod-
uct if the administering authority dis-
regarded some or all of the exporter’s sales 
pursuant to paragraph (1) in the investiga-
tion or, if a review has been completed, in 
the most recently completed review. 
‘‘(ii) REQUESTS FOR INFORMATION.— 
In an investigation initiated under section 
732 or a review conducted under section 
751, the administering authority shall re-
quest information necessary to calculate the 
constructed value and cost of production 
under subsections (e) and (f) to determine 
whether there are reasonable grounds to be-
lieve or suspect that sales of the foreign like 
product have been made at prices that rep-
resent less than the cost of production of the 
product.’’.
114 
† HR 644 EAS 
(b) PRICES AND COSTS IN NONMARKET ECONOMIES.— 
Section 773(c) of the Tariff Act of 1930 (19 U.S.C. 
1677b(c)) is amended by adding at the end the following: 
‘‘(5) DISCRETION TO DISREGARD CERTAIN PRICE 
OR COST VALUES.—In valuing the factors of produc-
tion under paragraph (1) for the subject merchandise, 
the administering authority may disregard price or 
cost values without further investigation if the admin-
istering authority has determined that broadly avail-
able export subsidies existed or particular instances of 
subsidization occurred with respect to those price or 
cost values or if those price or cost values were subject 
to an antidumping order.’’. 
SEC. 505. REDUCTION IN BURDEN ON DEPARTMENT OF 
COMMERCE BY REDUCING THE NUMBER OF 
VOLUNTARY RESPONDENTS. 
Section 782(a) of the Tariff Act of 1930 (19 U.S.C. 
1677m(a)) is amended— 
(1) in paragraph (1), by redesignating subpara-
graphs (A) and (B) as clauses (i) and (ii), respec-
tively, and by moving such clauses, as so redesig-
nated, 2 ems to the right; 
(2) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and by mov-
115 
† HR 644 EAS 
ing such subparagraphs, as so redesignated, 2 ems to 
the right; 
(3) by striking ‘‘INVESTIGATIONS
AND
RE-
VIEWS.—In’’ and inserting the following: ‘‘INVESTIGA-
TIONS AND REVIEWS.— 
‘‘(1) IN GENERAL.—In’’; 
(4) in paragraph (1), as designated by para-
graph (3), by amending subparagraph (B), as redes-
ignated by paragraph (2), to read as follows: 
‘‘(B) the number of exporters or producers 
subject to the investigation or review is not so 
large that any additional individual examina-
tion of such exporters or producers would be un-
duly burdensome to the administering authority 
and inhibit the timely completion of the inves-
tigation or review.’’; and 
(5) by adding at the end the following: 
‘‘(2) DETERMINATION
OF
UNDULY
BURDEN-
SOME.—In determining if an individual examination 
under paragraph (1)(B) would be unduly burden-
some, the administering authority may consider the 
following: 
‘‘(A) The complexity of the issues or infor-
mation presented in the proceeding, including 
questionnaires and any responses thereto.
116 
† HR 644 EAS 
‘‘(B) Any prior experience of the admin-
istering authority in the same or similar pro-
ceeding. 
‘‘(C) The total number of investigations 
under subtitle A or B and reviews under section 
751 being conducted by the administering au-
thority as of the date of the determination. 
‘‘(D) Such other factors relating to the time-
ly completion of each such investigation and re-
view as the administering authority considers 
appropriate.’’. 
SEC. 506. 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), the amendments made by this title shall apply with 
respect to goods from Canada and Mexico. 
TITLE VI—ADDITIONAL TRADE 
ENFORCEMENT 
AND 
INTEL-
LECTUAL PROPERTY RIGHTS 
PROTECTION 
Subtitle A—Trade Enforcement 
SEC. 601. TRADE ENFORCEMENT PRIORITIES. 
(a) IN GENERAL.—Section 310 of the Trade Act of 
1974 (19 U.S.C. 2420) is amended to read as follows:
117 
† HR 644 EAS 
‘‘SEC. 310. TRADE ENFORCEMENT PRIORITIES. 
‘‘(a) TRADE ENFORCEMENT PRIORITIES, CONSULTA-
TIONS, AND REPORT.— 
‘‘(1) TRADE
ENFORCEMENT
PRIORITIES
CON-
SULTATIONS.—Not later than May 31 of each cal-
endar year that begins after the date of the enactment 
of the Trade Facilitation and Trade Enforcement Act 
of 2015, the United States Trade Representative (in 
this section referred to as the ‘Trade Representative’) 
shall consult with the Committee on Finance of the 
Senate and the Committee on Ways and Means of the 
House of Representatives with respect to the 
prioritization of acts, policies, or practices of foreign 
governments that raise concerns with respect to obli-
gations under the WTO Agreements or any other 
trade agreement to which the United States is a 
party, or otherwise create or maintain barriers to 
United States goods, services, or investment. 
‘‘(2) IDENTIFICATION OF TRADE ENFORCEMENT 
PRIORITIES.—In identifying acts, policies, or prac-
tices of foreign governments as trade enforcement pri-
orities under this subsection, the United States Trade 
Representative shall focus on those acts, policies, and 
practices the elimination of which is likely to have the 
most significant potential to increase United States
118 
† HR 644 EAS 
economic growth, and take into account all relevant 
factors, including— 
‘‘(A) the economic significance of any po-
tential inconsistency between an obligation as-
sumed by a foreign government pursuant to a 
trade agreement to which both the foreign gov-
ernment and the United States are parties and 
the acts, policies, or practices of that government; 
‘‘(B) the impact of the acts, policies, or 
practices of a foreign government on maintain-
ing and creating United States jobs and produc-
tive capacity; 
‘‘(C) the major barriers and trade distorting 
practices described in the most recent National 
Trade Estimate required under section 181(b); 
‘‘(D) the major barriers and trade dis-
torting practices described in other relevant re-
ports addressing international trade and invest-
ment barriers prepared by a Federal agency or 
congressional commission during the 12 months 
preceding the date of the most recent report 
under paragraph (3); 
‘‘(E) a foreign government’s compliance 
with its obligations under any trade agreements
119 
† HR 644 EAS 
to which both the foreign government and the 
United States are parties; 
‘‘(F) the implications of a foreign govern-
ment’s procurement plans and policies; and 
‘‘(G) the international competitive position 
and export potential of United States products 
and services. 
‘‘(3) REPORT ON TRADE ENFORCEMENT PRIOR-
ITIES AND ACTIONS TAKEN TO ADDRESS.— 
‘‘(A) IN GENERAL.—Not later than July 31 
of each calendar year that begins after the date 
of the enactment of the Trade Facilitation and 
Trade Enforcement Act of 2015, the Trade Rep-
resentative shall report to the Committee on Fi-
nance of the Senate and the Committee on Ways 
and Means of the House of Representatives on 
acts, policies, or practices of foreign governments 
identified as trade enforcement priorities based 
on the consultations under paragraph (1) and 
the criteria set forth in paragraph (2). 
‘‘(B) REPORT IN SUBSEQUENT YEARS.—The 
Trade Representative shall include, when report-
ing under subparagraph (A) in any calendar 
year after the calendar year that begins after the 
date of the enactment of the Trade Facilitation
120 
† HR 644 EAS 
and Trade Enforcement Act of 2015, a descrip-
tion of actions taken to address any acts, poli-
cies, or practices of foreign governments identi-
fied as trade enforcement priorities under this 
subsection in the calendar year preceding that 
report and, as relevant, any year before that cal-
endar year. 
‘‘(b) SEMIANNUAL ENFORCEMENT CONSULTATIONS.— 
‘‘(1) IN GENERAL.—At the same time as the re-
porting under subsection (a)(3), and not later than 
January 31 of each following year, the Trade Rep-
resentative shall consult with the Committee on Fi-
nance of the Senate and the Committee on Ways and 
Means of the House of Representatives with respect to 
the identification, prioritization, investigation, and 
resolution of acts, policies, or practices of foreign gov-
ernments of concern with respect to obligations under 
the WTO Agreements or any other trade agreement to 
which the United States is a party, or that otherwise 
create or maintain trade barriers. 
‘‘(2) ACTS, POLICIES, OR
PRACTICES
OF
CON-
CERN.—The semiannual enforcement consultations re-
quired by paragraph (1) shall address acts, policies, 
or practices of foreign governments that raise con-
cerns with respect to obligations under the WTO
121 
† HR 644 EAS 
Agreements or any other trade agreement to which the 
United States is a party, or otherwise create or main-
tain trade barriers, including— 
‘‘(A) engagement with relevant trading 
partners; 
‘‘(B) strategies for addressing such concerns; 
‘‘(C) availability and deployment of re-
sources to be used in the investigation or resolu-
tion of such concerns; 
‘‘(D) the merits of any potential dispute 
resolution proceeding under the WTO Agree-
ments or any other trade agreement to which the 
United States is a party relating to such con-
cerns; and 
‘‘(E) any other aspects of such concerns. 
‘‘(3) ACTIVE INVESTIGATIONS.—The semiannual 
enforcement consultations required by paragraph (1) 
shall address acts, policies, or practices that the Trade 
Representative is actively investigating with respect 
to obligations under the WTO Agreements or any 
other trade agreement to which the United States is 
a party, including— 
‘‘(A) strategies for addressing concerns 
raised by such acts, policies, or practices;
122 
† HR 644 EAS 
‘‘(B) any relevant timeline with respect to 
investigation of such acts, policies, or practices; 
‘‘(C) the merits of any potential dispute res-
olution proceeding under the WTO Agreements 
or any other trade agreement to which the 
United States is a party with respect to such 
acts, policies, or practices; 
‘‘(D) barriers to the advancement of the in-
vestigation of such acts, policies, or practices; 
and 
‘‘(E) any other matters relating to the in-
vestigation of such acts, policies, or practices. 
‘‘(4) ONGOING
ENFORCEMENT
ACTIONS.—The 
semiannual enforcement consultations required by 
paragraph (1) shall address all ongoing enforcement 
actions taken by or against the United States with re-
spect to obligations under the WTO Agreements or 
any other trade agreement to which the United States 
is a party, including— 
‘‘(A) any relevant timeline with respect to 
such actions; 
‘‘(B) the merits of such actions; 
‘‘(C) any prospective implementation ac-
tions;
123 
† HR 644 EAS 
‘‘(D) potential implications for any law or 
regulation of the United States; 
‘‘(E) potential implications for United 
States stakeholders, domestic competitors, and 
exporters; and 
‘‘(F) other issues relating to such actions. 
‘‘(5) ENFORCEMENT
RESOURCES.—The semi-
annual enforcement consultations required by para-
graph (1) shall address the availability and deploy-
ment of enforcement resources, resource constraints on 
monitoring and enforcement activities, and strategies 
to address those constraints, including the use of 
available resources of other Federal agencies to en-
hance monitoring and enforcement capabilities. 
‘‘(c) INVESTIGATION AND RESOLUTION.—In the case of 
any acts, policies, or practices of a foreign government iden-
tified as a trade enforcement priority under subsection (a), 
the Trade Representative shall, not later than the date of 
the first semiannual enforcement consultations held under 
subsection (b) after the identification of the priority, take 
appropriate action to address that priority, including— 
‘‘(1) engagement with the foreign government to 
resolve concerns raised by such acts, policies, or prac-
tices;
124 
† HR 644 EAS 
‘‘(2) initiation of an investigation under section 
302(b)(1) with respect to such acts, policies, or prac-
tices; 
‘‘(3) initiation of negotiations for a bilateral 
agreement that provides for resolution of concerns 
raised by such acts, policies, or practices; or 
‘‘(4) initiation of dispute settlement proceedings 
under the WTO Agreements or any other trade agree-
ment to which the United States is a party with re-
spect to such acts, policies, or practices. 
‘‘(d) ENFORCEMENT NOTIFICATIONS AND CONSULTA-
TION.— 
‘‘(1) INITIATION OF ENFORCEMENT ACTION.—The 
Trade Representative shall notify and consult with 
the Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Represent-
atives in advance of initiation of any formal trade 
dispute by or against the United States taken in re-
gard to an obligation under the WTO Agreements or 
any other trade agreement to which the United States 
is a party. With respect to a formal trade dispute 
against the United States, if advance notification and 
consultation are not possible, the Trade Representa-
tive shall notify and consult at the earliest practicable 
opportunity after initiation of the dispute.
125 
† HR 644 EAS 
‘‘(2) CIRCULATION
OF
REPORTS.—The Trade 
Representative shall notify and consult with the Com-
mittee on Finance of the Senate and the Committee 
on Ways and Means of the House of Representatives 
in advance of the announced or anticipated circula-
tion of any report of a dispute settlement panel or the 
Appellate Body of the World Trade Organization or 
of a dispute settlement panel under any other trade 
agreement to which the United States is a party with 
respect to a formal trade dispute by or against the 
United States. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) WTO.—The term ‘WTO’ means the World 
Trade Organization. 
‘‘(2) WTO AGREEMENT.—The term ‘WTO Agree-
ment’ has the meaning given that term in section 2(9) 
of the Uruguay Round Agreements Act (19 U.S.C. 
3501(9)). 
‘‘(3) WTO 
AGREEMENTS.—The term ‘WTO 
Agreements’ means the WTO Agreement and agree-
ments annexed to that Agreement.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
the Trade Act of 1974 is amended by striking the item relat-
ing to section 310 and inserting the following: 
‘‘Sec. 310. Trade enforcement priorities.’’.
126 
† HR 644 EAS 
SEC. 602. EXERCISE OF WTO AUTHORIZATION TO SUSPEND 
CONCESSIONS 
OR 
OTHER 
OBLIGATIONS 
UNDER TRADE AGREEMENTS. 
(a) IN GENERAL.—Section 306 of the Trade Act of 
1974 (19 U.S.C. 2416) is amended— 
(1) by redesignating subsection (c) as subsection 
(d); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) EXERCISE OF WTO AUTHORIZATION TO SUS-
PEND CONCESSIONS OR OTHER OBLIGATIONS.—If— 
‘‘(1) action has terminated pursuant to section 
307(c), 
‘‘(2) the petitioner or any representative of the 
domestic industry that would benefit from reinstate-
ment of action has submitted to the Trade Represent-
ative a written request for reinstatement of action, 
and 
‘‘(3) the Trade Representative has completed the 
requirements of subsection (d) and section 307(c)(3), 
the Trade Representative may at any time determine to 
take action under section 301(c) to exercise an authoriza-
tion to suspend concessions or other obligations under Arti-
cle 22 of the Understanding on Rules and Procedures Gov-
erning the Settlement of Disputes (referred to in section
127 
† HR 644 EAS 
101(d)(16) of the Uruguay Round Agreements Act (19 
U.S.C. 3511(d)(16))).’’. 
(b) CONFORMING AMENDMENTS.—Chapter 1 of title 
III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is 
amended— 
(1) in section 301(c)(1) (19 U.S.C. 2411(c)(1)), 
in the matter preceding subparagraph (A), by insert-
ing ‘‘or section 306(c)’’ after ‘‘subsection (a) or (b)’’; 
(2) in section 306(b) (19 U.S.C. 2416(b)), in the 
subsection heading, by striking ‘‘FURTHER ACTION’’ 
and inserting ‘‘ACTION
ON
THE BASIS
OF MONI-
TORING’’; 
(3) in section 306(d) (19 U.S.C. 2416(d)), as re-
designated by subsection (a)(1), by inserting ‘‘or (c)’’ 
after ‘‘subsection (b)’’; and 
(4) in section 307(c)(3) (19 U.S.C. 2417(c)(3)), 
by inserting ‘‘or if a request is submitted to the Trade 
Representative under 306(c)(2) to reinstate action,’’ 
after ‘‘under section 301,’’. 
SEC. 603. TRADE MONITORING. 
(a) IN GENERAL.—Chapter 1 of title II of the Trade 
Act of 1974 (19 U.S.C. 2251 et seq.) is amended by adding 
at the end the following: 
‘‘SEC. 205. TRADE MONITORING. 
‘‘(a) MONITORING TOOL FOR IMPORTS.—
128 
† HR 644 EAS 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this section, the 
United States International Trade Commission shall 
make available on a website of the Commission an 
import monitoring tool to allow the public access to 
data on the volume and value of goods imported into 
the United States for the purpose of assessing whether 
such data has changed with respect to such goods over 
a period of time. 
‘‘(2) DATA
DESCRIBED.—For purposes of the 
monitoring tool under paragraph (1), the Commission 
shall use data compiled by the Department of Com-
merce and such other government data as the Com-
mission considers appropriate. 
‘‘(3) PERIODS OF TIME.—The Commission shall 
ensure that data accessed through the monitoring tool 
under paragraph (1) includes data for the most recent 
quarter for which such data are available and pre-
vious quarters as the Commission considers prac-
ticable. 
‘‘(b) MONITORING REPORTS.— 
‘‘(1) IN
GENERAL.—Not later than 270 days 
after the date of the enactment of this section, and not 
less frequently than quarterly thereafter, the Secretary 
of Commerce shall publish on a website of the Depart-
129 
† HR 644 EAS 
ment of Commerce, and notify the Committee on Fi-
nance of the Senate and the Committee on Ways and 
Means of the House of Representatives of the avail-
ability of, a monitoring report on changes in the vol-
ume and value of trade with respect to imports and 
exports of goods categorized based on the 6-digit sub-
heading number of the goods under the Harmonized 
Tariff Schedule of the United States during the most 
recent quarter for which such data are available and 
previous quarters as the Secretary considers prac-
ticable. 
‘‘(2) REQUESTS FOR COMMENT.—Not later than 
one year after the date of the enactment of this sec-
tion, the Secretary of Commerce shall solicit through 
the Federal Register public comment on the moni-
toring reports described in paragraph (1). 
‘‘(c) SUNSET.—The requirements under this section 
terminate on the date that is 7 years after the date of the 
enactment of this section.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
the Trade Act of 1974 (19 U.S.C. 2101 et seq.) is amended 
by inserting after the item relating to section 204 the fol-
lowing: 
‘‘Sec. 205. Trade monitoring.’’.
130 
† HR 644 EAS 
SEC. 604. ESTABLISHMENT OF INTERAGENCY TRADE EN-
FORCEMENT CENTER. 
(a) IN GENERAL.—Chapter 4 of title I of the Trade 
Act of 1974 (19 U.S.C. 2171) is amended by adding at the 
end the following: 
‘‘SEC. 142. INTERAGENCY TRADE ENFORCEMENT CENTER. 
‘‘(a) ESTABLISHMENT OF CENTER.—There is estab-
lished in the Office of the United States Trade Representa-
tive an Interagency Trade Enforcement Center (in this sec-
tion referred to as the ‘Center’). 
‘‘(b) FUNCTIONS OF CENTER.— 
‘‘(1) IN GENERAL.—The Center shall— 
‘‘(A) serve as the primary forum within the 
Federal Government for the Office of the United 
States Trade Representative and other agencies 
to coordinate the enforcement of United States 
trade rights under international trade agree-
ments and the enforcement of United States 
trade remedy laws; 
‘‘(B) coordinate among the Office of the 
United States Trade Representative and other 
agencies with responsibilities relating to trade 
the exchange of information related to potential 
violations of international trade agreements by 
foreign trading partners of the United States; 
and
133 
† HR 644 EAS 
the Center without reimbursement to support the 
functions of the Center. 
‘‘(d) ADMINISTRATION.—Funding and administrative 
support for the Center shall be provided by the Office of 
the United States Trade Representative. 
‘‘(e) ANNUAL REPORT.—Not later than one year after 
the date of the enactment of this section, and not less fre-
quently than annually thereafter, the Director shall submit 
to the Committee on Finance of the Senate and the Com-
mittee on Ways and Means of the House of Representatives 
a report on the actions taken by the Center in the preceding 
year with respect to the enforcement of United States trade 
rights under international trade agreements and the en-
forcement of United States trade remedy laws. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) UNITED STATES TRADE REMEDY LAWS.— 
The term ‘United States trade remedy laws’ means 
the following: 
‘‘(A) Chapter 1 of title II of the Trade Act 
of 1974 (19 U.S.C. 2251 et seq.). 
‘‘(B) Chapter 1 of title III of that Act (19 
U.S.C. 2411 et seq.). 
‘‘(C) Sections 406 and 421 of that Act (19 
U.S.C. 2436 and 2451).
134 
† HR 644 EAS 
‘‘(D) Sections 332 and 337 of the Tariff Act 
of 1930 (19 U.S.C. 1332 and 1337). 
‘‘(E) Investigations initiated by the admin-
istering authority (as defined in section 771 of 
that Act (19 U.S.C. 1677)) under title VII of 
that Act (19 U.S.C. 1671 et seq.). 
‘‘(F) Section 281 of the Uruguay Round 
Agreements Act (19 U.S.C. 3571). 
‘‘(2) UNITED STATES TRADE RIGHTS.—The term 
‘United States trade rights’ means any right, benefit, 
or advantage to which the United States is entitled 
under an international trade agreement and that 
could be effectuated through the use of a dispute settle-
ment proceeding.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
the Trade Act of 1974 is amended by inserting after the 
item relating to section 141 the following: 
‘‘Sec. 142. Interagency Trade Enforcement Center.’’. 
SEC. 605. ESTABLISHMENT OF CHIEF MANUFACTURING NE-
GOTIATOR. 
(a) ESTABLISHMENT OF POSITION.—Section 141(b)(2) 
of the Trade Act of 1974 (19 U.S.C. 2171(b)(2)) is amended 
to read as follows: 
‘‘(2) There shall be in the Office 3 Deputy United 
States Trade Representatives, one Chief Agricultural Nego-
tiator, and one Chief Manufacturing Negotiator, who shall
135 
† HR 644 EAS 
all be appointed by the President, by and with the advice 
and consent of the Senate. As an exercise of the rulemaking 
power of the Senate, any nomination of a Deputy United 
States Trade Representative, the Chief Agricultural Nego-
tiator, or the Chief Manufacturing Negotiator submitted to 
the Senate for its advice and consent, and referred to a com-
mittee, shall be referred to the Committee on Finance. Each 
Deputy United States Trade Representative, the Chief Agri-
cultural Negotiator, and the Chief Manufacturing Nego-
tiator shall hold office at the pleasure of the President and 
shall have the rank of Ambassador.’’. 
(b) FUNCTIONS OF POSITION.—Section 141(c) of the 
Trade Act of 1974 (19 U.S.C. 2171(c)) is amended— 
(1) by moving paragraph (5) 2 ems to the left; 
and 
(2) by adding at the end the following: 
‘‘(6)(A) The principal function of the Chief Manufac-
turing Negotiator shall be to conduct trade negotiations and 
to enforce trade agreements relating to United States manu-
facturing products and services. The Chief Manufacturing 
Negotiator shall be a vigorous advocate on behalf of United 
States manufacturing interests and shall perform such other 
functions as the United States Trade Representative may 
direct.
136 
† HR 644 EAS 
‘‘(B) Not later than one year after the date of the en-
actment of the Trade Facilitation and Trade Enforcement 
Act of 2015, and annually thereafter, the Chief Manufac-
turing Negotiator 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 actions taken 
by the Chief Manufacturing Negotiator in the preceding 
year.’’. 
(c) COMPENSATION.—Section 5314 of title 5, United 
States Code, is amended by striking ‘‘Chief Agricultural Ne-
gotiator.’’ and inserting the following: 
‘‘Chief Agricultural Negotiator, Office of the United 
States Trade Representative. 
‘‘Chief Manufacturing Negotiator, Office of the United 
States Trade Representative.’’. 
(d) TECHNICAL AMENDMENTS.—Section 141(e) of the 
Trade Act of 1974 (19 U.S.C. 2171(e)) is amended— 
(1) in paragraph (1), by striking ‘‘5314’’ and in-
serting ‘‘5315’’; and 
(2) in paragraph (2), by striking ‘‘the maximum 
rate of pay for grade GS–18, as provided in section 
5332’’ and inserting ‘‘the maximum rate of pay for 
level IV of the Executive Schedule in section 5315’’.
137 
† HR 644 EAS 
SEC. 606. ENFORCEMENT UNDER TITLE III OF THE TRADE 
ACT OF 1974 WITH RESPECT TO CERTAIN 
ACTS, POLICIES, AND PRACTICES RELATING 
TO THE ENVIRONMENT. 
Section 301(d)(3)(B) of the Trade Act of 1974 (19 
U.S.C. 2411(d)(3)(B)) is amended— 
(1) in clause (ii), by striking ‘‘or’’ at the end; 
(2) in clause (iii)(V), by striking the period at 
the end and inserting ‘‘, or’’; and 
(3) by adding at the end the following: 
‘‘(iv) constitutes a persistent pattern of con-
duct by the government of the foreign country 
under which that government— 
‘‘(I) fails to effectively enforce the envi-
ronmental laws of the foreign country, 
‘‘(II) waives or otherwise derogates 
from the environmental laws of the foreign 
country or weakens the protections afforded 
by such laws, 
‘‘(III) fails to provide for judicial or 
administrative proceedings giving access to 
remedies for violations of the environmental 
laws of the foreign country, 
‘‘(IV) fails to provide appropriate and 
effective sanctions or remedies for violations
138 
† HR 644 EAS 
of the environmental laws of the foreign 
country, or 
‘‘(V) fails to effectively enforce environ-
mental commitments under agreements to 
which the foreign country and the United 
States are a party.’’. 
SEC. 607. TRADE ENFORCEMENT TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a trust fund to be known 
as the Trade Enforcement Trust Fund (in this section re-
ferred to as the ‘‘Trust Fund’’), consisting of amounts trans-
ferred to the Trust Fund under subsection (b) and any 
amounts that may be credited to the Trust Fund under sub-
section (c). 
(b) TRANSFER OF AMOUNTS.— 
(1) IN GENERAL.—The Secretary of the Treasury 
shall transfer to the Trust Fund, from the general 
fund of the Treasury, for each fiscal year that begins 
on or after the date of the enactment of this Act, an 
amount equal to $15,000,000 (or a lesser amount as 
required pursuant to paragraph (2)) of the anti-
dumping duties and countervailing duties received in 
the Treasury for such fiscal year. 
(2) LIMITATION.—The total amount in the Trust 
Fund at any time may not exceed $30,000,000.
139 
† HR 644 EAS 
(3) 
FREQUENCY
OF
TRANSFERS; 
ADJUST-
MENTS.— 
(A) FREQUENCY OF TRANSFERS.—The Sec-
retary shall transfer amounts required to be 
transferred to the Trust Fund under paragraph 
(1) not less frequently than quarterly from the 
general fund of the Treasury to the Trust Fund 
on the basis of estimates made by the Secretary. 
(B) ADJUSTMENTS.—The Secretary shall 
make proper adjustments in amounts subse-
quently transferred to the Trust Fund to the ex-
tent prior estimates were in excess of or less than 
the amounts required to be transferred to the 
Trust Fund. 
(c) INVESTMENT OF AMOUNTS.— 
(1) INVESTMENT OF AMOUNTS.—The Secretary 
shall invest such portion of the Trust Fund as is not 
required to meet current withdrawals in interest-bear-
ing obligations of the United States or in obligations 
guaranteed as to both principal and interest by the 
United States. 
(2) INTEREST AND PROCEEDS.—The interest on, 
and the proceeds from the sale or redemption of, any 
obligations held in Trust Fund shall be credited to 
and form a part of the Trust Fund.
140 
† HR 644 EAS 
(d) AVAILABILITY OF AMOUNTS FROM TRUST FUND.— 
(1) ENFORCEMENT.—The United States Trade 
Representative may use the amounts in the Trust 
fund to carry out any of the following: 
(A) To seek to enforce the provisions of and 
commitments and obligations under the WTO 
Agreements and free trade agreements to which 
the United States is a party and resolve any ac-
tions by foreign countries that are inconsistent 
with those provisions, commitments, and obliga-
tions. 
(B) To monitor the implementation by for-
eign countries of the provisions of and commit-
ments and obligations under free trade agree-
ments to which the United States is a party for 
purposes of systematically assessing, identifying, 
investigating, or initiating steps to address in-
consistencies with those provisions, commitments, 
and obligations. 
(C) To thoroughly investigate and respond 
to petitions under section 302 of the Trade Act 
of 1974 (19 U.S.C. 2412) requesting that action 
be taken under section 301 of such Act (19 
U.S.C. 2411).
141 
† HR 644 EAS 
(2) IMPLEMENTATION ASSISTANCE AND CAPACITY 
BUILDING.—The United States Trade Representative, 
the Secretary of State, the Administrator of the 
United States Agency for International Development, 
the Secretary of Labor, and such heads of other Fed-
eral agencies as the President considers appropriate 
may use the amounts in the Trust Fund to carry out 
any of the following: 
(A) To ensure capacity-building efforts un-
dertaken by the United States pursuant to any 
free trade agreement to which the United States 
is a party prioritize and give special attention 
to the timely, consistent, and robust implementa-
tion of the intellectual property, labor, and envi-
ronmental commitments and obligations of any 
party to that free trade agreement. 
(B) To ensure capacity-building efforts un-
dertaken by the United States pursuant to any 
such free trade agreement are self-sustaining and 
promote local ownership. 
(C) To ensure capacity-building efforts un-
dertaken by the United States pursuant to any 
such free trade agreement include performance 
indicators against which the progress and obsta-
cles for the implementation of commitments and
142 
† HR 644 EAS 
obligations described in subparagraph (A) can be 
identified and assessed within a meaningful time 
frame. 
(D) To monitor and evaluate the capacity- 
building efforts of the United States under sub-
paragraphs (A), (B), and (C). 
(3) LIMITATION.—Amounts made available in 
the Trust Fund may not be used for negotiations for 
any free trade agreement to be entered into on or 
after the date of the enactment of this Act. 
(e) REPORT.—Not later than 18 months after the entry 
into force of any free trade agreement entered into after the 
date of the enactment of this Act, the United States Trade 
Representative, the Secretary of State, the Administrator 
of the United States Agency for International Development, 
the Secretary of Labor, and any other head of a Federal 
agency who has used amounts in the Trust Fund in connec-
tion with that agreement, shall each submit to Congress a 
report on the actions taken by that official under subsection 
(d) in connection with that agreement. 
(f) COMPTROLLER GENERAL STUDY.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study that includes 
the following:
143 
† HR 644 EAS 
(A) A comprehensive analysis of the trade 
enforcement expenditures of each Federal agency 
with responsibilities relating to trade that speci-
fies, with respect to each such Federal agency— 
(i) the amounts appropriated for trade 
enforcement; and 
(ii) the number of full-time employees 
carrying out activities relating to trade en-
forcement. 
(B) Recommendations on the additional 
employees and resources that each such Federal 
agency may need to effectively enforce the free 
trade agreements to which the United States is 
a party. 
(2) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Comptroller 
General shall submit to Congress a report on the re-
sults of the study conducted under paragraph (1). 
(g) DEFINITIONS.—In this section: 
(1) ANTIDUMPING
DUTY.—The term ‘‘anti-
dumping duty’’ means an antidumping duty imposed 
under section 731 of the Tariff Act of 1930 (19 U.S.C. 
1673). 
(2) COUNTERVAILING DUTY.—The term ‘‘counter-
vailing duty’’ means a countervailing duty imposed
144 
† HR 644 EAS 
under section 701 of the Tariff Act of 1930 (19 U.S.C. 
1671). 
(3) WTO.—The term ‘‘WTO’’ means the World 
Trade Organization. 
(4) WTO AGREEMENT.—The term ‘‘WTO Agree-
ment’’ has the meaning given that term in section 
2(9) of the Uruguay Round Agreements Act (19 
U.S.C. 3501(9)). 
(5) WTO AGREEMENTS.—The term ‘‘WTO Agree-
ments’’ means the WTO Agreement and agreements 
annexed to that Agreement. 
SEC. 608. HONEY TRANSSHIPMENT. 
(a) IN GENERAL.—The Commissioner shall direct ap-
propriate personnel and resources of U.S. Customs and Bor-
der Protection to address concerns that honey is being im-
ported into the United States in violation of the customs 
and trade laws of the United States. 
(b) COUNTRY OF ORIGIN.— 
(1) IN GENERAL.—The Commissioner shall com-
pile a database of the individual characteristics of 
honey produced in foreign countries to facilitate the 
verification of country of origin markings of imported 
honey. 
(2) 
ENGAGEMENT
WITH
FOREIGN
GOVERN-
MENTS.—The Commissioner shall seek to engage the
145 
† HR 644 EAS 
customs agencies of foreign governments for assistance 
in compiling the database described in paragraph (1). 
(3) CONSULTATION
WITH
INDUSTRY.—In com-
piling the database described in paragraph (1), the 
Commissioner shall consult with entities in the honey 
industry regarding the development of industry 
standards for honey identification. 
(4) CONSULTATION WITH FOOD AND DRUG AD-
MINISTRATION.—In compiling the database described 
in paragraph (1), the Commissioner shall consult 
with the Commissioner of Food and Drugs. 
(c) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Commissioner 
shall submit to Congress a report that— 
(1) describes and assesses the limitations in the 
existing analysis capabilities of laboratories with re-
spect to determining the country of origin of honey 
samples or the percentage of honey contained in a 
sample; and 
(2) includes any recommendations of the Com-
missioner for improving such capabilities. 
(d) SENSE OF CONGRESS.—It is the sense of Congress 
that the Commissioner of Food and Drugs should promptly 
establish a national standard of identity for honey for the
146 
† HR 644 EAS 
Commissioner responsible for U.S. Customs and Border 
Protection to use to ensure that imports of honey are— 
(1) classified accurately for purposes of assessing 
duties; and 
(2) denied entry into the United States if such 
imports pose a threat to the health or safety of con-
sumers in the United States. 
SEC. 609. INCLUSION OF INTEREST IN CERTAIN DISTRIBU-
TIONS OF ANTIDUMPING DUTIES AND COUN-
TERVAILING DUTIES. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall deposit all interest described in subsection (c) into 
the special account established under section 754(e) of the 
Tariff Act of 1930 (19 U.S.C. 1675c(e)) (repealed by subtitle 
F of title VII of the Deficit Reduction Act of 2005 (Public 
Law 109–171; 120 Stat. 154)) for inclusion in distributions 
described in subsection (b) made on or after the date of the 
enactment of this Act. 
(b) DISTRIBUTIONS DESCRIBED.—Distributions de-
scribed in this subsection are distributions of antidumping 
duties and countervailing duties assessed on or after Octo-
ber 1, 2000, that are made under section 754 of the Tariff 
Act of 1930 (19 U.S.C. 1675c) (repealed by subtitle F of 
title VII of the Deficit Reduction Act of 2005 (Public Law
147 
† HR 644 EAS 
109–171; 120 Stat. 154)), with respect to entries of mer-
chandise— 
(1) made on or before September 30, 2007; and 
(2) that were, in accordance with section 822 of 
the Claims Resolution Act of 2010 (19 U.S.C. 1675c 
note), unliquidated, not in litigation, and not under 
an order of liquidation from the Department of Com-
merce on December 8, 2010. 
(c) INTEREST DESCRIBED.— 
(1) INTEREST REALIZED.—Interest described in 
this subsection is interest earned on antidumping du-
ties or countervailing duties distributed as described 
in subsection (b) that is realized through application 
of a payment received on or after October 1, 2014, by 
U.S. Customs and Border Protection under, or in 
connection with— 
(A) a customs bond pursuant to a court 
order or judgment entered as a result of a civil 
action filed by the Federal Government against 
the surety from which the payment was obtained 
for the purpose of collecting duties or interest 
owed with respect to an entry; or 
(B) a settlement for any such bond if the 
settlement was executed after the Federal Govern-
148 
† HR 644 EAS 
ment filed a civil action described in subpara-
graph (A). 
(2) TYPES OF INTEREST.—Interest described in 
paragraph (1) includes the following: 
(A) Interest accrued under section 778 of 
the Tariff Act of 1930 (19 U.S.C. 1677g). 
(B) Interest accrued under section 505(d) of 
the Tariff Act of 1930 (19 U.S.C. 1505(d)). 
(C) Equitable interest under common law 
or interest under section 963 of the Revised Stat-
utes (19 U.S.C. 580) awarded by a court against 
a surety under its bond for late payment of anti-
dumping duties, countervailing duties, or inter-
est described in subparagraph (A) or (B). 
(d) DEFINITIONS.—In this section: 
(1) ANTIDUMPING
DUTIES.—The term ‘‘anti-
dumping duties’’ means antidumping duties imposed 
under section 731 of the Tariff Act of 1930 (19 U.S.C. 
1673) or under the Antidumping Act, 1921 (title II 
of the Act of May 27, 1921; 42 Stat. 11, chapter 14). 
(2) COUNTERVAILING DUTIES.—The term ‘‘coun-
tervailing duties’’ means countervailing duties im-
posed under section 701 of the Tariff Act of 1930 (19 
U.S.C. 1671).
149 
† HR 644 EAS 
SEC. 610. ILLICITLY IMPORTED, EXPORTED, OR TRAF-
FICKED 
CULTURAL 
PROPERTY, 
ARCHAE-
OLOGICAL OR ETHNOLOGICAL MATERIALS, 
AND FISH, WILDLIFE, AND PLANTS. 
(a) IN GENERAL.—The Commissioner and the Director 
of U.S. Immigration and Customs Enforcement shall ensure 
that appropriate personnel of U.S. Customs and Border 
Protection and U.S. Immigration and Customs Enforce-
ment, as the case may be, are trained in the detection, iden-
tification, detention, seizure, and forfeiture of cultural 
property, archaeological or ethnological materials, and fish, 
wildlife, and plants, the importation, exportation, or traf-
ficking of which violates the laws of the United States. 
(b) TRAINING.—The Commissioner and the Director 
are authorized to accept training and other support services 
from experts outside of the Federal Government with respect 
to the detection, identification, detention, seizure, and for-
feiture of cultural property, archaeological or ethnological 
materials, or fish, wildlife, and plants described in sub-
section (a). 
Subtitle B—Intellectual Property 
Rights Protection 
SEC. 611. ESTABLISHMENT OF CHIEF INNOVATION AND IN-
TELLECTUAL PROPERTY NEGOTIATOR. 
(a) IN GENERAL.—Section 141 of the Trade Act of 
1974 (19 U.S.C. 2171) is amended—
150 
† HR 644 EAS 
(1) in subsection (b)(2), as amended by section 
605(a) of this Act— 
(A) by striking ‘‘and one Chief Manufac-
turing Negotiator’’ and inserting ‘‘one Chief 
Manufacturing Negotiator, and one Chief Inno-
vation and Intellectual Property Negotiator’’; 
(B) by striking ‘‘or the Chief Manufacturing 
Negotiator’’ and inserting ‘‘the Chief Manufac-
turing Negotiator, or the Chief Innovation and 
Intellectual Property Negotiator’’; and 
(C) by striking ‘‘and the Chief Manufac-
turing Negotiator’’ and inserting ‘‘the Chief 
Manufacturing Negotiator, and the Chief Inno-
vation and Intellectual Property Negotiator’’; 
and 
(2) in subsection (c), as amended by section 
605(b) of this Act, by adding at the end the following: 
‘‘(7) The principal functions of the Chief Innovation 
and Intellectual Property Negotiator shall be to conduct 
trade negotiations and to enforce trade agreements relating 
to United States intellectual property and to take appro-
priate actions to address acts, policies, and practices of for-
eign governments that have a significant adverse impact 
on the value of United States innovation. The Chief Innova-
tion and Intellectual Property Negotiator shall be a vig-
151 
† HR 644 EAS 
orous advocate on behalf of United States innovation and 
intellectual property interests. The Chief Innovation and 
Intellectual Property Negotiator shall perform such other 
functions as the United States Trade Representative may 
direct.’’. 
(b) COMPENSATION.—Section 5314 of title 5, United 
States Code, as amended by section 605(c) of this Act, is 
further amended by inserting after ‘‘Chief Manufacturing 
Negotiator, Office of the United States Trade Representa-
tive.’’ the following: 
‘‘Chief Innovation and Intellectual Property Nego-
tiator, Office of the United States Trade Representative.’’. 
(c) REPORT REQUIRED.—Not later than one year after 
the appointment of the first Chief Innovation and Intellec-
tual Property Negotiator pursuant to paragraph (2) of sec-
tion 141(b) of the Trade Act of 1974, as amended by sub-
section (a), and annually thereafter, the United States 
Trade Representative 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 describing in de-
tail— 
(1) enforcement actions taken by the Trade Rep-
resentative during the year preceding the submission 
of the report to ensure the protection of United States 
innovation and intellectual property interests; and
152 
† HR 644 EAS 
(2) other actions taken by the Trade Representa-
tive to advance United States innovation and intellec-
tual property interests. 
SEC. 612. MEASURES RELATING TO COUNTRIES THAT DENY 
ADEQUATE PROTECTION FOR INTELLECTUAL 
PROPERTY RIGHTS. 
(a) INCLUSION OF COUNTRIES THAT DENY ADEQUATE 
PROTECTION OF TRADE SECRETS.—Section 182(d)(2) of 
the Trade Act of 1974 (19 U.S.C. 2242(d)(2)) is amended 
by inserting ‘‘, trade secrets,’’ after ‘‘copyrights’’. 
(b) SPECIAL RULES FOR COUNTRIES ON THE PRI-
ORITY WATCH LIST OF THE UNITED STATES TRADE REP-
RESENTATIVE.— 
(1) IN GENERAL.—Section 182 of the Trade Act 
of 1974 (19 U.S.C. 2242) is amended by striking sub-
section (g) and inserting the following: 
‘‘(g) SPECIAL RULES FOR FOREIGN COUNTRIES ON 
THE PRIORITY WATCH LIST.— 
‘‘(1) ACTION PLANS.— 
‘‘(A) IN GENERAL.—Not later than 90 days 
after the date on which the Trade Representative 
submits the National Trade Estimate under sec-
tion 181(b), the Trade Representative shall de-
velop an action plan described in subparagraph
153 
† HR 644 EAS 
(C) with respect to each foreign country de-
scribed in subparagraph (B). 
‘‘(B) FOREIGN COUNTRY DESCRIBED.—The 
Trade Representative shall develop an action 
plan pursuant to subparagraph (A) with respect 
to each foreign country that— 
‘‘(i) the Trade Representative has iden-
tified for placement on the priority watch 
list; and 
‘‘(ii) has remained on such list for at 
least 1 year. 
‘‘(C) ACTION PLAN DESCRIBED.—An action 
plan developed pursuant to subparagraph (A) 
shall contain the benchmarks described in sub-
paragraph (D) and be designed to assist the for-
eign country— 
‘‘(i) to achieve— 
‘‘(I) adequate and effective protec-
tion of intellectual property rights; and 
‘‘(II) fair and equitable market 
access for United States persons that 
rely upon intellectual property protec-
tion; or
154 
† HR 644 EAS 
‘‘(ii) to make significant progress to-
ward achieving the goals described in clause 
(i). 
‘‘(D) 
BENCHMARKS
DESCRIBED.—The 
benchmarks contained in an action plan devel-
oped pursuant to subparagraph (A) are such leg-
islative, institutional, enforcement, or other ac-
tions as the Trade Representative determines to 
be necessary for the foreign country to achieve 
the goals described in clause (i) or (ii) of sub-
paragraph (C). 
‘‘(2) FAILURE TO MEET ACTION PLAN BENCH-
MARKS.—If, 1 year after the date on which an action 
plan is developed under paragraph (1)(A), the Presi-
dent, in consultation with the Trade Representative, 
determines that the foreign country to which the ac-
tion plan applies has not substantially complied with 
the benchmarks described in paragraph (1)(D), the 
President may take appropriate action with respect to 
the foreign country. 
‘‘(3) PRIORITY WATCH LIST DEFINED.—In this 
subsection, the term ‘priority watch list’ means the 
priority watch list established by the Trade Rep-
resentative.
155 
† HR 644 EAS 
‘‘(h) ANNUAL REPORT.—Not later than 30 days after 
the date on which the Trade Representative submits the Na-
tional Trade Estimate under section 181(b), the Trade Rep-
resentative shall transmit to the Committee on Ways and 
Means of the House of Representatives and the Committee 
on Finance of the Senate a report on actions taken under 
this section during the 12 months preceding such report, 
and the reasons for such actions, including— 
‘‘(1) any foreign countries identified under sub-
section (a); 
‘‘(2) a description of progress made in achieving 
improved intellectual property protection and market 
access for persons relying on intellectual property 
rights; and 
‘‘(3) a description of the action plans developed 
under subsection (g) and any actions taken by foreign 
countries under such plans.’’. 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There are authorized to 
be appropriated to the Office of the United 
States Trade Representative such sums as may 
be necessary to provide assistance to any devel-
oping country to which an action plan applies 
under section 182(g) of the Trade Act of 1974, as 
amended by paragraph (1), to facilitate the ef-
156 
† HR 644 EAS 
forts of the developing country to comply with 
the benchmarks contained in the action plan. 
Such assistance may include capacity building, 
activities designed to increase awareness of intel-
lectual property rights, and training for officials 
responsible for enforcing intellectual property 
rights in the developing country. 
(B) DEVELOPING
COUNTRY
DEFINED.—In 
this paragraph, the term ‘‘developing country’’ 
means a country classified by the World Bank as 
having a low-income or lower-middle-income 
economy. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed as limiting the authority 
of the President or the United States Trade Rep-
resentative to develop action plans other than action 
plans described in section 182(g) of the Trade Act of 
1974, as amended by paragraph (1), or to take any 
action otherwise authorized by law in response to the 
failure of a foreign country to provide adequate and 
effective protection and enforcement of intellectual 
property rights.
157 
† HR 644 EAS 
TITLE VII—CURRENCY 
MANIPULATION 
Subtitle A—Investigation of 
Currency Undervaluation 
SEC. 701. SHORT TITLE. 
This subtitle may be cited as the ‘‘Currency Under-
valuation Investigation Act’’. 
SEC. 702. INVESTIGATION OR REVIEW OF CURRENCY 
UNDERVALUATION UNDER COUNTERVAILING 
DUTY LAW. 
Subsection (c) of section 702 of the Tariff Act of 1930 
(19 U.S.C. 1671a(c)) is amended by adding at the end the 
following: 
‘‘(6) CURRENCY
UNDERVALUATION.—For pur-
poses of a countervailing duty investigation under 
this subtitle in which the determinations under 
clauses (i) and (ii) of paragraph (1)(A) are affirma-
tive, or a review under subtitle C with respect to a 
countervailing duty order, the administering author-
ity shall initiate an investigation to determine wheth-
er currency undervaluation by the government of a 
country or any public entity within the territory of 
a country is providing, directly or indirectly, a 
countervailable subsidy, if—
158 
† HR 644 EAS 
‘‘(A) a petition filed by an interested party 
(described in subparagraph (C), (D), (E), (F), or 
(G) of section 771(9)) alleges the elements nec-
essary for the imposition of the duty imposed by 
section 701(a); and 
‘‘(B) the petition is accompanied by infor-
mation reasonably available to the petitioner 
supporting those allegations.’’. 
SEC. 703. BENEFIT CALCULATION METHODOLOGY WITH RE-
SPECT TO CURRENCY UNDERVALUATION. 
Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) 
is amended by adding at the end the following: 
‘‘(37) CURRENCY UNDERVALUATION BENEFIT.— 
‘‘(A) CURRENCY
UNDERVALUATION
BEN-
EFIT.—For purposes of a countervailing duty in-
vestigation under subtitle A, or a review under 
subtitle C with respect to a countervailing duty 
order, the following shall apply: 
‘‘(i) IN
GENERAL.—If the admin-
istering authority determines to investigate 
whether currency undervaluation provides a 
countervailable subsidy, the administering 
authority shall determine whether there is a 
benefit to the recipient of that subsidy and 
measure such benefit by comparing the sim-
159 
† HR 644 EAS 
ple average of the real exchange rates de-
rived from application of the macro-
economic-balance approach and the equi-
librium-real-exchange-rate approach to the 
official daily exchange rate identified by the 
administering authority. 
‘‘(ii) RELIANCE ON DATA.—In making 
the determination under clause (i), the ad-
ministering authority shall rely upon data 
that are publicly available, reliable, and 
compiled and maintained by the Inter-
national Monetary Fund or the World 
Bank, or other international organizations 
or national governments if data from the 
International Monetary Fund or World 
Bank are not available. 
‘‘(B) DEFINITIONS.—In this paragraph: 
‘‘(i) 
MACROECONOMIC-BALANCE
AP-
PROACH.—The 
term 
‘macroeconomic-bal-
ance approach’ means a methodology under 
which the level of undervaluation of the real 
effective exchange rate of the currency of the 
exporting country is defined as the change 
in the real effective exchange rate needed to 
achieve equilibrium in the balance of pay-
160 
† HR 644 EAS 
ments of the exporting country, as such 
methodology is described in the guidelines of 
the International Monetary Fund’s Consult-
ative Group on Exchange Rate Issues, if 
available. 
‘‘(ii) 
EQUILIBRIUM-REAL-EXCHANGE- 
RATE APPROACH.—The term ‘equilibrium- 
real-exchange-rate approach’ means a meth-
odology under which the level of undervalu-
ation of the real effective exchange rate of 
the currency of the exporting country is de-
fined as the difference between the observed 
real effective exchange rate and the real ef-
fective exchange rate, as such methodology is 
described in the guidelines of the Inter-
national Monetary Fund’s Consultative 
Group on Exchange Rate Issues, if avail-
able. 
‘‘(iii) REAL
EXCHANGE
RATES.—The 
term ‘real exchange rates’ means the bilat-
eral exchange rates derived from converting 
the trade-weighted multilateral exchange 
rates yielded by the macroeconomic-balance 
approach 
and 
the 
equilibrium-real-ex-
161 
† HR 644 EAS 
change-rate approach into real bilateral 
terms.’’. 
SEC. 704. MODIFICATION OF DEFINITION OF SPECIFICITY 
WITH RESPECT TO EXPORT SUBSIDY. 
Section 771(5A)(B) of the Tariff Act of 1930 (19 
U.S.C. 1677(5A)(B)) is amended by adding at the end the 
following new sentence: ‘‘The fact that a subsidy may also 
be provided in circumstances that do not involve export 
shall not, for that reason alone, mean that the subsidy can-
not be considered contingent upon export performance.’’. 
SEC. 705. 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), the amendments made by this subtitle shall apply 
with respect to goods from Canada and Mexico. 
SEC. 706. EFFECTIVE DATE. 
The amendments made by this subtitle apply to coun-
tervailing duty investigations initiated under subtitle A of 
title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) 
and reviews initiated under subtitle C of title VII of such 
Act (19 U.S.C. 1675 et seq.)— 
(1) before the date of the enactment of this Act, 
if the investigation or review is pending a final deter-
mination as of such date of enactment; and
162 
† HR 644 EAS 
(2) on or after such date of enactment. 
Subtitle B—Engagement on Cur-
rency Exchange Rate and Eco-
nomic Policies 
SEC. 711. ENHANCEMENT OF ENGAGEMENT ON CURRENCY 
EXCHANGE RATE AND ECONOMIC POLICIES 
WITH CERTAIN MAJOR TRADING PARTNERS 
OF THE UNITED STATES. 
(a) MAJOR TRADING PARTNER REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, and not less fre-
quently than once every 180 days thereafter, the Sec-
retary shall submit to the appropriate committees of 
Congress a report on the macroeconomic and currency 
exchange rate policies of each country that is a major 
trading partner of the United States. 
(2) ELEMENTS.— 
(A) IN GENERAL.—Each report submitted 
under paragraph (1) shall contain— 
(i) for each country that is a major 
trading partner of the United States— 
(I) that country’s bilateral trade 
balance with the United States;
163 
† HR 644 EAS 
(II) that country’s current ac-
count balance as a percentage of its 
gross domestic product; 
(III) the change in that country’s 
current account balance as a percent-
age of its gross domestic product dur-
ing the 3-year period preceding the 
submission of the report; 
(IV) that country’s foreign ex-
change reserves as a percentage of its 
short-term debt; and 
(V) that country’s foreign ex-
change reserves as a percentage of its 
gross domestic product; and 
(ii) an enhanced analysis of macro-
economic and exchange rate policies for 
each country— 
(I) that is a major trading part-
ner of the United States; 
(II) the currency of which is per-
sistently 
and 
substantially 
under-
valued; 
(III) that has—
164 
† HR 644 EAS 
(aa) a significant bilateral 
trade surplus with the United 
States; and 
(bb) a material global cur-
rent account surplus; and 
(IV) that has engaged in per-
sistent one-sided intervention in the 
foreign exchange market. 
(B) ENHANCED ANALYSIS.—Each enhanced 
analysis under subparagraph (A)(ii) shall in-
clude, for each country with respect to which an 
analysis is made under that subparagraph— 
(i) a description of developments in the 
currency markets of that country, including, 
to the greatest extent feasible, developments 
with respect to currency interventions; 
(ii) a description of trends in the real 
effective exchange rate of the currency of 
that country and in the degree of under-
valuation of that currency; 
(iii) an analysis of changes in the cap-
ital controls and trade restrictions of that 
country; and 
(iv) patterns in the reserve accumula-
tion of that country.
165 
† HR 644 EAS 
(b) ENGAGEMENT ON EXCHANGE RATE AND ECONOMIC 
POLICIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the President, through the Secretary, shall 
commence enhanced bilateral engagement with each 
country for which an enhanced analysis of macro-
economic and currency exchange rate policies is in-
cluded in the report submitted under subsection (a), 
in order to— 
(A) urge implementation of policies to ad-
dress the causes of the undervaluation of its cur-
rency, its bilateral trade surplus with the United 
States, and its material global current account 
surplus, including undervaluation and surpluses 
relating to exchange rate management; 
(B) express the concern of the United States 
with respect to the adverse trade and economic 
effects of that undervaluation and those sur-
pluses; 
(C) develop measurable objectives for ad-
dressing that undervaluation and those sur-
pluses; and 
(D) advise that country of the ability of the 
President to take action under subsection (c).
166 
† HR 644 EAS 
(2) EXCEPTION.—The Secretary may determine 
not to enhance bilateral engagement with a country 
under paragraph (1) for which an enhanced analysis 
of macroeconomic and exchange rate policies is in-
cluded in the report submitted under subsection (a) if 
the Secretary submits to the appropriate committees 
of Congress a report that describes how the currency 
and other macroeconomic policies of that country are 
addressing the undervaluation and surpluses specified 
in paragraph (1)(A) with respect to that country, in-
cluding undervaluation and surpluses relating to ex-
change rate management. 
(c) REMEDIAL ACTION.— 
(1) IN GENERAL.—If, on the date that is one 
year after the commencement of enhanced bilateral 
engagement by the President with respect to a country 
under subsection (b)(1), the country has failed to 
adopt appropriate policies to correct the undervalu-
ation and surpluses described in subsection (b)(1)(A) 
with respect to that country, the President may take 
one or more of the following actions: 
(A) Prohibit the Overseas Private Invest-
ment Corporation from approving any new fi-
nancing (including any insurance, reinsurance,
167 
† HR 644 EAS 
or guarantee) with respect to a project located in 
that country on and after such date. 
(B) Except as provided in paragraph (2), 
and pursuant to paragraph (3), prohibit the 
Federal Government from procuring, or entering 
into any contract for the procurement of, goods 
or services from that country on and after such 
date. 
(C) Instruct the United States Executive 
Director of the International Monetary Fund to 
use the voice and vote of the United States to call 
for additional rigorous surveillance of the macro-
economic and exchange rate policies of that 
country and, as appropriate, formal consulta-
tions on findings of currency manipulation. 
(D) Instruct the United States Trade Rep-
resentative to take into account, in consultation 
with the Secretary, in assessing whether to enter 
into a bilateral or regional trade agreement with 
that country or to initiate or participate in ne-
gotiations with respect to a bilateral or regional 
trade agreement with that country, the extent to 
which that country has failed to adopt appro-
priate policies to correct the undervaluation and 
surpluses described in subsection (b)(1)(A).
168 
† HR 644 EAS 
(2) EXCEPTION.—The President may not apply 
a prohibition under paragraph (1)(B) with respect to 
a country that is a party to the Agreement on Gov-
ernment Procurement or a free trade agreement to 
which the United States is a party. 
(3) CONSULTATIONS.— 
(A) OFFICE OF MANAGEMENT AND BUDG-
ET.—Before applying a prohibition under para-
graph (1)(B), the President shall consult with 
the Director of the Office of Management and 
Budget to determine whether such prohibition 
would subject the taxpayers of the United States 
to unreasonable cost. 
(B) CONGRESS.—The President shall con-
sult with the appropriate committees of Congress 
with respect to any action the President takes 
under paragraph (1)(B), including whether the 
President has consulted as required under sub-
paragraph (A). 
(d) DEFINITIONS.—In this section: 
(1) AGREEMENT
ON
GOVERNMENT
PROCURE-
MENT.—The term ‘‘Agreement on Government Pro-
curement’’ means the agreement referred to in section 
101(d)(17) of the Uruguay Round Agreements Act (19 
U.S.C. 3511(d)(17)).
169 
† HR 644 EAS 
(2) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Banking, Housing, 
and Urban Affairs and the Committee on Fi-
nance of the Senate; and 
(B) the Committee on Financial Services 
and the Committee on Ways and Means of the 
House of Representatives. 
(3) COUNTRY.—The term ‘‘country’’ means a for-
eign country, dependent territory, or possession of a 
foreign country, and may include an association of 2 
or more foreign countries, dependent territories, or 
possessions of countries into a customs union outside 
the United States. 
(4) REAL
EFFECTIVE
EXCHANGE
RATE.—The 
term ‘‘real effective exchange rate’’ means a weighted 
average of bilateral exchange rates, expressed in price- 
adjusted terms. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
SEC. 712. ADVISORY COMMITTEE ON INTERNATIONAL EX-
CHANGE RATE POLICY. 
(a) ESTABLISHMENT.—
170 
† HR 644 EAS 
(1) IN GENERAL.—There is established an Advi-
sory Committee on International Exchange Rate Pol-
icy (in this section referred to as the ‘‘Committee’’). 
(2) DUTIES.—The Committee shall be responsible 
for advising the Secretary of the Treasury with re-
spect to the impact of international exchange rates 
and financial policies on the economy of the United 
States. 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—The Committee shall be com-
posed of 9 members as follows, none of whom shall be 
employees of the Federal Government: 
(A) Three members shall be appointed by 
the President pro tempore of the Senate, upon 
the recommendation of the chairmen and rank-
ing members of the Committee on Banking, 
Housing, and Urban Affairs and the Committee 
on Finance of the Senate. 
(B) Three members shall be appointed by 
the Speaker of the House of Representatives upon 
the recommendation of the chairmen and rank-
ing members of the Committee on Financial 
Services and the Committee on Ways and Means 
of the House of Representatives.
171 
† HR 644 EAS 
(C) Three members shall be appointed by 
the President. 
(2) QUALIFICATIONS.—Members shall be selected 
under paragraph (1) on the basis of their objectivity 
and demonstrated expertise in finance, economics, or 
currency exchange. 
(3) TERMS.— 
(A) IN
GENERAL.—Members shall be ap-
pointed for a term of 2 years or until the Com-
mittee terminates. 
(B) REAPPOINTMENT.—A member may be 
reappointed to the Committee for additional 
terms. 
(4) VACANCIES.—Any vacancy in the Committee 
shall not affect its powers, but shall be filled in the 
same manner as the original appointment. 
(c) DURATION OF COMMITTEE.— 
(1) IN GENERAL.—The Committee shall termi-
nate on the date that is 2 years after the date of the 
enactment of this Act unless renewed by the President 
for a subsequent 2-year period. 
(2) CONTINUED RENEWAL.—The President may 
continue to renew the Committee for successive 2-year 
periods by taking appropriate action to renew the
172 
† HR 644 EAS 
Committee prior to the date on which the Committee 
would otherwise terminate. 
(d) MEETINGS.—The Committee shall hold not less 
than 2 meetings each calendar year. 
(e) CHAIRPERSON.— 
(1) IN
GENERAL.—The Committee shall elect 
from among its members a chairperson for a term of 
2 years or until the Committee terminates. 
(2) 
REELECTION; 
SUBSEQUENT
TERMS.—A 
chairperson of the Committee may be reelected chair-
person but is ineligible to serve consecutive terms as 
chairperson. 
(f) STAFF.—The Secretary of the Treasury shall make 
available to the Committee such staff, information, per-
sonnel, administrative services, and assistance as the Com-
mittee may reasonably require to carry out the activities 
of the Committee. 
(g) APPLICATION OF THE FEDERAL ADVISORY COM-
MITTEE ACT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the provisions of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall apply to the 
Committee. 
(2) EXCEPTION.—Meetings of the Committee 
shall be exempt from the requirements of subsections
173 
† HR 644 EAS 
(a) and (b) of section 10 and section 11 of the Federal 
Advisory Committee Act (relating to open meetings, 
public notice, public participation, and public avail-
ability of documents), whenever and to the extent it 
is determined by the President or the Secretary of the 
Treasury that such meetings will be concerned with 
matters the disclosure of which— 
(A) would seriously compromise the develop-
ment by the Government of the United States of 
monetary or financial policy; or 
(B) is likely to— 
(i) lead to significant financial specu-
lation in currencies, securities, or commod-
ities; or 
(ii) significantly endanger the stability 
of any financial institution. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Secretary of the Treas-
ury for each fiscal year in which the Committee is in effect 
$1,000,000 to carry out this section.
174 
† HR 644 EAS 
TITLE VIII—PROCESS FOR CON-
SIDERATION OF TEMPORARY 
DUTY SUSPENSIONS AND RE-
DUCTIONS 
SEC. 801. SHORT TITLE. 
This title may be cited as the ‘‘American Manufac-
turing Competitiveness Act of 2015’’. 
SEC. 802. SENSE OF CONGRESS ON THE NEED FOR A MIS-
CELLANEOUS TARIFF BILL. 
(a) FINDINGS.—Congress makes the following findings: 
(1) As of the date of the enactment of this Act, 
the Harmonized Tariff Schedule of the United States 
imposes duties on imported goods for which there is 
no domestic availability or insufficient domestic 
availability. 
(2) The imposition of duties on such goods cre-
ates artificial distortions in the economy of the 
United States that negatively affect United States 
manufacturers and consumers. 
(3) It is in the interests of the United States to 
update the Harmonized Tariff Schedule every 3 years 
to eliminate such artificial distortions by suspending 
or reducing duties on such goods. 
(4) The manufacturing competitiveness of the 
United States around the world will be enhanced if
175 
† HR 644 EAS 
Congress regularly and predictably updates the Har-
monized Tariff Schedule to suspend or reduce duties 
on such goods. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that, to remove the competitive disadvantage to United 
States manufactures and consumers resulting from an out-
dated Harmonized Tariff Schedule and to promote the com-
petitiveness of United States manufacturers, Congress 
should consider a miscellaneous tariff bill not later than 
180 days after the United States International Trade Com-
mission and the Department of Commerce issue reports on 
proposed duty suspensions and reductions under this title. 
SEC. 803. PROCESS FOR CONSIDERATION OF DUTY SUSPEN-
SIONS AND REDUCTIONS. 
(a) PURPOSE.—It is the purpose of this section to es-
tablish a process by the appropriate congressional commit-
tees, in conjunction with the Commission pursuant to its 
authorities under section 332 of the Tariff Act of 1930 (19 
U.S.C. 1332), for the submission and consideration of pro-
posed duty suspensions and reductions. 
(b) ESTABLISHMENT.—Not later than October 15, 
2015, and October 15, 2018, the appropriate congressional 
committees shall establish and, on the same day, publish 
on their respective publicly available Internet websites a 
process—
176 
† HR 644 EAS 
(1) to provide for the submission and consider-
ation of legislation containing proposed duty suspen-
sions and reductions in a manner that, to the max-
imum extent practicable, is consistent with the re-
quirements described in subsection (c); and 
(2) to include in a miscellaneous tariff bill those 
duty suspensions and reductions that meet the re-
quirements of this title. 
(c) REQUIREMENTS OF COMMISSION.— 
(1) INITIATION.—Not later than October 15, 
2015, and October 15, 2018, the Commission shall 
publish in the Federal Register and on a publicly 
available Internet website of the Commission a notice 
requesting members of the public to submit to the 
Commission during the 60-day period beginning on 
the date of such publication— 
(A) proposed duty suspensions and reduc-
tions; and 
(B) Commission disclosure forms with re-
spect to such duty suspensions and reductions. 
(2) REVIEW.— 
(A) COMMISSION
SUBMISSION
TO
CON-
GRESS.—As soon as practicable after the expira-
tion of the 60-day period specified in paragraph 
(1), but not later than 15 days after the expira-
177 
† HR 644 EAS 
tion of such 60-day period, the Commission shall 
submit to the appropriate congressional commit-
tees the proposed duty suspensions and reduc-
tions submitted under paragraph (1)(A) and the 
Commission disclosure forms with respect to such 
duty suspensions and reductions submitted 
under paragraph (1)(B). 
(B) PUBLIC
AVAILABILITY
OF
PROPOSED 
DUTY
SUSPENSIONS
AND
REDUCTIONS.—Not 
later than 15 days after the expiration of the 60- 
day period specified in paragraph (1), the Com-
mission shall publish on a publicly available 
Internet website of the Commission the proposed 
duty suspensions and reductions submitted 
under paragraph (1)(A) and the Commission 
disclosure forms with respect to such duty sus-
pensions and reductions submitted under para-
graph (1)(B). 
(C) COMMISSION REPORTS TO CONGRESS.— 
Not later than the end of the 90-day period be-
ginning on the date of publication of the pro-
posed duty suspensions and reductions under 
subparagraph (B), the Commission shall submit 
to the appropriate congressional committees a re-
port on each proposed duty suspension or reduc-
178 
† HR 644 EAS 
tion submitted pursuant to subsection (b)(1) or 
paragraph (1)(A) that contains the following in-
formation: 
(i) A determination of whether or not 
domestic production of the article that is the 
subject of the proposed duty suspension or 
reduction exists and, if such production ex-
ists, whether or not a domestic producer of 
the article objects to the proposed duty sus-
pension or reduction. 
(ii) Any technical changes to the arti-
cle description that are necessary for pur-
poses of administration when articles are 
presented for importation. 
(iii) The amount of tariff revenue that 
would no longer be collected if the proposed 
duty suspension or reduction takes effect. 
(iv) A determination of whether or not 
the proposed duty suspension or reduction 
is available to any person that imports the 
article that is the subject of the proposed 
duty suspension or reduction. 
(3) PROCEDURES.—The Commission shall pre-
scribe and publish on a publicly available Internet
179 
† HR 644 EAS 
website of the Commission procedures for complying 
with the requirements of this subsection. 
(4) AUTHORITIES DESCRIBED.—The Commission 
shall carry out this subsection pursuant to its au-
thorities under section 332 of the Tariff Act of 1930 
(19 U.S.C. 1332). 
(d) DEPARTMENT OF COMMERCE REPORT.—Not later 
than the end of the 90-day period beginning on the date 
of publication of the proposed duty suspensions and reduc-
tions under subsection (c)(2)(B), the Secretary of Com-
merce, in consultation with U.S. Customs and Border Pro-
tection and other relevant Federal agencies, shall submit to 
the appropriate congressional committees a report on each 
proposed duty suspension and reduction submitted pursu-
ant to subsection (b)(1) or (c)(1)(A) that includes the fol-
lowing information: 
(1) A determination of whether or not domestic 
production of the article that is the subject of the pro-
posed duty suspension or reduction exists and, if such 
production exists, whether or not a domestic producer 
of the article objects to the proposed duty suspension 
or reduction. 
(2) Any technical changes to the article descrip-
tion that are necessary for purposes of administration 
when articles are presented for importation.
180 
† HR 644 EAS 
(e) RULE OF CONSTRUCTION.—A proposed duty sus-
pension or reduction submitted under this section by a 
Member of Congress shall receive treatment no more favor-
able than the treatment received by a proposed duty suspen-
sion or reduction submitted under this section by a member 
of the public. 
SEC. 804. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND 
REDUCTIONS ON UNITED STATES ECONOMY. 
(a) IN GENERAL.—Not later than May 1, 2018, and 
May 1, 2020, the Commission shall submit to the appro-
priate congressional committees a report on the effects on 
the United States economy of temporary duty suspensions 
and reductions enacted pursuant to this title, including a 
broad assessment of the economic effects of such duty sus-
pensions and reductions on producers, purchasers, and con-
sumers in the United States, using case studies describing 
such effects on selected industries or by type of article as 
available data permit. 
(b) RECOMMENDATIONS.—The Commission shall also 
solicit and append to the report required under subsection 
(a) recommendations with respect to those domestic indus-
try sectors or specific domestic industries that might benefit 
from permanent duty suspensions and reductions or elimi-
nation of duties, either through a unilateral action of the 
United States or though negotiations for reciprocal tariff
181 
† HR 644 EAS 
agreements, with a particular focus on inequities created 
by tariff inversions. 
(c) FORM OF REPORT.—Each report required by this 
section shall be submitted in unclassified form, but may in-
clude a classified annex. 
SEC. 805. JUDICIAL REVIEW PRECLUDED. 
The exercise of functions under this title shall not be 
subject to judicial review. 
SEC. 806. DEFINITIONS. 
In this title: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means the Committee on Ways and Means of the 
House of Representatives and the Committee on Fi-
nance of the Senate. 
(2) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the United States International Trade Com-
mission. 
(3) COMMISSION DISCLOSURE FORM.—The term 
‘‘Commission disclosure form’’ means, with respect to 
a proposed duty suspension or reduction, a document 
submitted by a member of the public to the Commis-
sion that contains the following:
182 
† HR 644 EAS 
(A) The contact information for any known 
importers of the article to which the proposed 
duty suspension or reduction would apply. 
(B) A certification by the member of the 
public that the proposed duty suspension or re-
duction is available to any person importing the 
article to which the proposed duty suspension or 
reduction would apply. 
(4) DOMESTIC PRODUCER.—The term ‘‘domestic 
producer’’ means a person that demonstrates produc-
tion, or imminent production, in the United States of 
an article that is identical to, or like or directly com-
petitive with, an article to which a proposed duty 
suspension or reduction would apply. 
(5) DUTY SUSPENSION OR REDUCTION.— 
(A) IN GENERAL.—The term ‘‘duty suspen-
sion or reduction’’ means an amendment to sub-
chapter II of chapter 99 of the Harmonized Tar-
iff Schedule of the United States that— 
(i)(I) extends an existing temporary 
duty suspension or reduction of duty on an 
article under that subchapter; or 
(II) provides for a new temporary duty 
suspension or reduction of duty on an arti-
cle under that subchapter; and