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. 
‘‘(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 
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not to conduct further inspections, or phys-
ical examination or testing, pursuant to a 
Trade Alert issued under clause (i) if— 
‘‘(I) the director finds that such a 
determination is justified by security 
interests; and 
‘‘(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; 
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‘‘(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 
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.’’. 
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(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-
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 the 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: 
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(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.); 
(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. 
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(3) The number and outcome of investigations 
instituted by U.S. Customs and Border Protection 
with respect to the underpayment of duties. 
(4) The effectiveness of training with respect to 
the collection of duties provided for personnel of U.S. 
Customs and Border Protection. 
(b) PERIOD COVERED BY REPORT.—Each report re-
quired by subsection (a) shall cover the period of 2 fiscal 
years ending on September 30 of the calendar year pre-
ceding the submission of the report. 
SEC. 113. REPORT ON SECURITY AND REVENUE MEASURES 
WITH RESPECT TO MERCHANDISE TRANS-
PORTED IN BOND. 
(a) IN GENERAL.—Not later than December 31 of 
2016, 2017, and 2018, the Secretary of Homeland 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. 
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(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); 
(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 
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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. 
(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 
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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-
quired to be provided by new importers to U.S. Cus-
toms and Border Protection. 
SEC. 116. CUSTOMS BROKER IDENTIFICATION OF IMPORT-
ERS. 
(a) IN GENERAL.—Section 641 of the Tariff Act of 
1930 (19 U.S.C. 1641) is amended by adding at the end 
the following: 
‘‘(i) IDENTIFICATION OF IMPORTERS.— 
‘‘(1) IN GENERAL.—The Secretary shall prescribe 
regulations setting forth the minimum standards for 
customs brokers and importers, including nonresident 
importers, regarding the identity of the importer that 
shall apply in connection with the importation of 
merchandise into the United States. 
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‘‘(2) MINIMUM REQUIREMENTS.—The regulations 
shall, at a minimum, require customs brokers to im-
plement, and importers (after being given adequate 
notice) to comply with, reasonable procedures for— 
‘‘(A) collecting the identity of importers, in-
cluding nonresident importers, seeking to import 
merchandise into the United States to the extent 
reasonable and practicable; and 
‘‘(B) maintaining records of the informa-
tion used to substantiate a person’s identity, in-
cluding name, address, and other identifying in-
formation. 
‘‘(3) PENALTIES.—Any customs broker who fails 
to collect information required under the regulations 
prescribed under this subsection shall be liable to the 
United States, at the discretion of the Secretary, for 
a monetary penalty not to exceed $10,000 for each 
violation of those regulations and subject to revocation 
or suspension of a license or permit of the customs 
broker pursuant to the procedures set forth in sub-
section (d). 
‘‘(4) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘importer’ means one of the 
parties qualifying as an importer of record 
under section 484(a)(2)(B); and 
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‘‘(B) the term ‘nonresident importer’ means 
an importer who is— 
‘‘(i) an individual who is not a citizen 
of the United States or an alien lawfully 
admitted for permanent residence in the 
United States; or 
‘‘(ii) a partnership, corporation, or 
other commercial entity that is not orga-
nized under the laws of a jurisdiction with-
in the customs territory of the United States 
(as such term is defined in General Note 2 
of the Harmonized Tariff Schedule of the 
United States) or in the Virgin Islands of 
the United States.’’. 
(b) STUDY AND REPORT REQUIRED.—Not later than 
180 days after the date of enactment of this Act, the Com-
missioner shall submit to Congress a report containing rec-
ommendations for— 
(1) determining the most timely and effective 
way to require foreign nationals to provide customs 
brokers with appropriate and accurate information, 
comparable to that which is required of United States 
nationals, concerning the identity, address, and other 
related information relating to such foreign nationals 
necessary to enable customs brokers to comply with 
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porter in connection with the importation of mer-
chandise. 
‘‘(2) The Commissioner of U.S. Customs and 
Border Protection shall require the non-resident im-
porter to establish a power of attorney with the resi-
dent agent in connection with the importation of mer-
chandise. 
‘‘(c) NON-APPLICABILITY.—The requirements of this 
section shall not apply with respect to a non-resident im-
porter who is a validated Tier 2 or Tier 3 participant in 
the Customs-Trade Partnership Against Terrorism program 
established under subtitle B of title II of the SAFE Port 
Act (6 U.S.C. 961 et seq.). 
‘‘(d) PENALTIES.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person to import into the United States any merchan-
dise in violation of this section. 
‘‘(2) CIVIL PENALTIES.—Any person who violates 
paragraph (1) shall be liable for a civil penalty of 
$50,000 for each such violation. 
‘‘(3) OTHER
PENALTIES.—In addition to the 
penalties specified in paragraph (2), any violation of 
this section that violates any other customs and trade 
laws of the United States shall be subject to any ap-
plicable civil and criminal penalty, including seizure 
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and forfeiture, that may be imposed under such cus-
toms or trade law or title 18, United States Code, 
with respect to the importation of merchandise. 
‘‘(4) DEFINITION.—In this subsection, the term 
‘customs and trade laws of the United States’ has the 
meaning given such term in section 2 of the Customs 
Trade Facilitation and Enforcement Act of 2015.’’. 
(b) EFFECTIVE DATE.—Section 484c of the Tariff Act 
of 1930, as added by subsection (a), takes effect on the date 
of the enactment of this Act and applies with respect to 
the importation of merchandise of an importer of record 
under section 484 of the Tariff Act of 1930 who is not resi-
dent of the United States on or after the date that is 180 
days after such date of enactment. 
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. 
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(2) The Secretary of Health and Human Serv-
ices, who shall serve as the Vice Chair. 
(3) The Secretary of the Treasury. 
(4) The Secretary of Commerce. 
(5) The Secretary of Agriculture. 
(6) The United States Trade Representative. 
(7) The Director of the Office of Management 
and Budget. 
(8) The Commissioner of Food and Drugs. 
(9) The Commissioner responsible for U.S. Cus-
toms and Border Protection. 
(10) The Chairman of the Consumer Product 
Safety Commission. 
(11) The Director of U.S. Immigration and 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; 
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(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 
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; 
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(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)); 
(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 
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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 
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); 
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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; 
(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 
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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— 
(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. 
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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-
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-
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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 
‘‘(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, 
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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 
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 
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ongoing law enforcement investigation or national secu-
rity.’’. 
(b) TERMINATION
OF PREVIOUS AUTHORITY.—Not-
withstanding paragraph (2) of section 818(g) of the Na-
tional Defense Authorization Act for Fiscal Year 2012 (Pub-
lic Law 112–81; 125 Stat. 1496; 10 U.S.C. 2302 note), 
paragraph (1) of that section shall have no force or effect 
on or after the date of the enactment of this Act. 
SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES. 
(a) IN GENERAL.—Section 596(c)(2) of the Tariff Act 
of 1930 (19 U.S.C. 1595a(c)(2)) is amended— 
(1) in subparagraph (E), by striking ‘‘or’’; 
(2) in subparagraph (F), by striking the period 
and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(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 
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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. 
(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-
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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 
(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; 
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(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; 
(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; 
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(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— 
(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; 
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(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 
rights with private sector entities, as appropriate, in 
order to coordinate public and private sector efforts to 
combat the infringement of intellectual property 
rights. 
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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. 
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-
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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, 
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-
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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, 
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 
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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-
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 
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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-
tom and Border Protection and U.S. Immigra-
tion and Customs Enforcement to improve the 
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-
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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 
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. 
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(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 
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. 
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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—PREVENTION OF EVA-
SION OF ANTIDUMPING AND 
COUNTERVAILING DUTY OR-
DERS 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Preventing Recurring 
Trade Evasion and Circumvention Act’’ or ‘‘PROTECT 
Act’’. 
SEC. 402. DEFINITIONS. 
In this title: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Finance and the 
Committee on Appropriations of the Senate; and 
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(B) the Committee on Ways and Means and 
the Committee on Appropriations of the House of 
Representatives. 
(2) COVERED
MERCHANDISE.—The term ‘‘cov-
ered merchandise’’ means merchandise that is subject 
to— 
(A) a countervailing duty order issued 
under section 706 of the Tariff Act of 1930; or 
(B) an antidumping duty order issued 
under section 736 of the Tariff Act of 1930. 
(3) ELIGIBLE SMALL BUSINESS.— 
(A) IN GENERAL.—The term ‘‘eligible small 
business’’ means any business concern which, in 
the Commissioner’s judgment, due to its small 
size, has neither adequate internal resources nor 
financial ability to obtain qualified outside as-
sistance in preparing and submitting for consid-
eration allegations of evasion. 
(B) NON-REVIEWABILITY.—Any agency de-
cision regarding whether a business concern is 
an eligible small business for purposes of section 
411(b)(4)(E) is not reviewable by any other 
agency or by any court. 
(4) ENTER; ENTRY.—The terms ‘‘enter’’ and 
‘‘entry’’ refer to the entry, or withdrawal from ware-
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house for consumption, in the customs territory of the 
United States. 
(5) EVADE; EVASION.—The terms ‘‘evade’’ and 
‘‘evasion’’ refer to entering covered merchandise into 
the customs territory of the United States by means 
of any document or electronically transmitted data or 
information, written or oral statement, or act that is 
material and false, or any omission that is material, 
and that results in any cash deposit or other security 
or any amount of applicable antidumping or counter-
vailing duties being reduced or not being applied with 
respect to the merchandise. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Treasury. 
(7) TRADE
REMEDY
LAWS.—The term ‘‘trade 
remedy laws’’ means title VII of the Tariff Act of 
1930. 
SEC. 403. APPLICATION TO CANADA AND MEXICO. 
Pursuant to article 1902 of the North American Free 
Trade Agreement and section 408 of the North American 
Free Trade Agreement Implementation Act (19 U.S.C. 
3438), this title and the amendments made by this title 
shall apply with respect to goods from Canada and Mexico. 
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Subtitle A—Actions Relating to 
Enforcement of Trade Remedy Laws 
SEC. 411. TRADE REMEDY LAW ENFORCEMENT DIVISION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish and maintain within the Of-
fice of International Trade of U.S. Customs and Bor-
der Protection, established under section 2(d) of the 
Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 
U.S.C. 2072(d)), a Trade Remedy Law Enforcement 
Division. 
(2) COMPOSITION.—The Trade Law Remedy En-
forcement Division shall be composed of— 
(A) headquarters personnel led by a Direc-
tor, who shall report to the Assistant Commis-
sioner of the Office of International Trade; and 
(B) a National Targeting and Analysis 
Group dedicated to preventing and countering 
evasion. 
(3) DUTIES.—The Trade Remedy Law Enforce-
ment Division shall be dedicated— 
(A) to the development and administration 
of policies to prevent and counter evasion; 
(B) to direct enforcement and compliance 
assessment activities concerning evasion; 
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(C) to the development and conduct of com-
mercial risk assessment targeting with respect to 
cargo destined for the United States in accord-
ance with subsection (c); 
(D) to issuing Trade Alerts described in 
subsection (d); and 
(E) to the development of policies for the 
application of single entry and continuous bonds 
for entries of covered merchandise to sufficiently 
protect the collection of antidumping and coun-
tervailing duties commensurate with the level of 
risk of noncollection. 
(b) DUTIES OF DIRECTOR.—The duties of the Director 
of the Trade Remedy Law Enforcement Division shall in-
clude— 
(1) directing the trade enforcement and compli-
ance assessment activities of U.S. Customs and Bor-
der Protection that concern evasion; 
(2) facilitating, promoting, and coordinating co-
operation and the exchange of information between 
U.S. Customs and Border Protection, U.S. Immigra-
tion and Customs Enforcement, and other relevant 
agencies regarding evasion; 
(3) notifying on a timely basis the administering 
authority (as defined in section 771(1) of the Tariff 
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Act of 1930 (19 U.S.C. 1677(1))) and the Commission 
(as defined in section 771(2) of the Tariff Act of 1930 
(19 U.S.C. 1677(2))) of any finding, determination, 
civil action, or criminal action taken by U.S. Cus-
toms and Border Protection or other Federal agency 
regarding evasion; 
(4) serving as the primary liaison between U.S. 
Customs and Border Protection and the public re-
garding United States Government activities con-
cerning evasion, including— 
(A) receive and transmit to the appropriate 
U.S. Customs and Border Protection office alle-
gations from parties of evasion; 
(B) upon request by the party or parties 
that submitted an allegation of evasion, provide 
information to such party or parties on the sta-
tus of U.S. Customs and Border Protection’s con-
sideration of the allegation and decision to pur-
sue or not pursue any administrative inquiries 
or other actions, such as changes in policies, pro-
cedures, or resource allocation as a result of the 
allegation; 
(C) as needed, request from the party or 
parties that submitted an allegation of evasion 
any additional information that may be relevant 
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for U.S. Customs and Border Protection deter-
mining whether to initiate an administrative in-
quiry or take any other action regarding the al-
legation; 
(D) notify on a timely basis the party or 
parties that submitted such an allegation of the 
results of any administrative, civil or criminal 
actions taken by U.S. Customs and Border Pro-
tection or other Federal agency regarding eva-
sion as a direct or indirect result of the allega-
tion; 
(E) upon request, provide technical assist-
ance and advice to eligible small businesses to 
enable such businesses to prepare and submit al-
legations of evasion, except that the Director may 
deny assistance if the Director concludes that the 
allegation, if submitted, would not lead to the 
initiation of an administrative inquiry or any 
other action to address the allegation; 
(F) in cooperation with the public, the 
Commercial Customs Operations Advisory Com-
mittee, the Trade Support Network, and any 
other relevant parties and organizations, develop 
guidelines on the types and nature of informa-
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tion that may be provided in allegations of eva-
sion; and 
(G) regularly consult with the public, the 
Commercial Customs Operations Advisory Com-
mittee, the Trade Support Network, and any 
other relevant parties and organizations regard-
ing the development and implementation of regu-
lations, interpretations, and policies related to 
countering evasion. 
(c) PREVENTING AND COUNTERING EVASION OF THE 
TRADE REMEDY LAWS.—In carrying out its duties with 
respect to preventing and countering evasion, the National 
Targeting and Analysis Group dedicated to preventing and 
countering evasion shall— 
(1) establish targeted risk assessment methodolo-
gies and standards— 
(A) for evaluating the risk that cargo des-
tined for the United States may constitute evad-
ing covered merchandise; and 
(B) for issuing, as appropriate, Trade 
Alerts described in subsection (d); and 
(2) to the extent practicable and otherwise au-
thorized by law, use information available from the 
Automated Commercial System, the Automated Com-
mercial Environment computer system, the Auto-
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mated Targeting System, the Automated Export Sys-
tem, the International Trade Data System, and the 
TECS, and any similar and successor systems, to ad-
minister the methodologies and standards established 
under paragraph (1). 
(d) TRADE ALERTS.—Based upon the application of 
the targeted risk assessment methodologies and standards 
established under subsection (c), the Director of the Trade 
Remedy Law Enforcement Division shall issue Trade Alerts 
or other such means of notification to directors of United 
States ports of entry directing further inspection, physical 
examination, or testing of merchandise to ensure compli-
ance with the trade remedy laws and to require additional 
bonds, cash deposits, or other security to ensure collection 
of any duties, taxes and fees owed. 
SEC. 412. COLLECTION OF INFORMATION ON EVASION OF 
TRADE REMEDY LAWS. 
(a) AUTHORITY TO COLLECT INFORMATION.—To de-
termine whether covered merchandise is being entered into 
the customs territory of the United States through evasion, 
the Secretary, acting through the Commissioner— 
(1) shall exercise all existing authorities to collect 
information needed to make the determination; and 
(2) may collect such additional information as is 
necessary to make the determination through such 
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methods as the Commissioner considers appropriate, 
including by issuing questionnaires with respect to 
the entry or entries at issue to— 
(A) a person who filed an allegation with 
respect to the covered merchandise; 
(B) a person who is alleged to have entered 
the covered merchandise into the customs terri-
tory of the United States through evasion; or 
(C) any other person who is determined to 
have information relevant to the allegation of 
entry of covered merchandise into the customs 
territory of the United States through evasion. 
(b) ADVERSE INFERENCE.— 
(1) IN GENERAL.—If the Secretary finds that a 
person who filed an allegation, a person alleged to 
have entered covered merchandise into the customs 
territory of the United States through evasion, or a 
foreign producer or exporter of covered merchandise 
that is alleged to have entered into the customs terri-
tory of the United States through evasion, has failed 
to cooperate by not acting to the best of the person’s 
ability to comply with a request for information, the 
Secretary may, in making a determination whether 
an entry or entries of covered merchandise may con-
stitute merchandise that is entered into the customs 
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territory of the United States through evasion, use an 
inference that is adverse to the interests of that person 
in selecting from among the facts otherwise available 
to determine whether evasion has occurred. 
(2) ADVERSE INFERENCE DESCRIBED.—An ad-
verse inference used under paragraph (1) may include 
reliance on information derived from— 
(A) the allegation of evasion of the trade 
remedy laws, if any, submitted to U.S. Customs 
and Border Protection; 
(B) a determination by the Commissioner 
in another investigation, proceeding, or other ac-
tion regarding evasion of the unfair trade laws; 
or 
(C) any other available information. 
SEC. 413. ACCESS TO INFORMATION. 
(a) IN GENERAL.—Section 777(b)(1)(A)(ii) of the Tar-
iff Act of 1930 (19 U.S.C. 1677f(b)(1)(A)(ii)) is amended 
by inserting ‘‘negligence, gross negligence, or’’ after ‘‘regard-
ing’’. 
(b) ADDITIONAL INFORMATION.—Notwithstanding any 
other provision of law, the Secretary is authorized to pro-
vide to the Secretary of Commerce or the United States 
International Trade Commission any information that is 
necessary to enable the Secretary of Commerce or the United 
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States International Trade Commission to assist the Sec-
retary to identify, through risk assessment targeting or oth-
erwise, covered merchandise that is entered into the customs 
territory of the United States through evasion. 
SEC. 414. COOPERATION WITH FOREIGN COUNTRIES ON 
PREVENTING EVASION OF TRADE REMEDY 
LAWS. 
(a) BILATERAL AGREEMENTS.— 
(1) IN GENERAL.—The Secretary shall seek to ne-
gotiate and enter into bilateral agreements with the 
customs authorities or other appropriate authorities 
of foreign countries for purposes of cooperation on 
preventing evasion of the trade remedy laws of the 
United States and the trade remedy laws of the other 
country. 
(2) PROVISIONS
AND
AUTHORITIES.—The Sec-
retary shall seek to include in each such bilateral 
agreement the following provisions and authorities: 
(A) On the request of the importing coun-
try, the exporting country shall provide, con-
sistent with its laws, regulations, and proce-
dures, production, trade, and transit documents 
and other information necessary to determine 
whether an entry or entries exported from the ex-
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porting country are subject to the importing 
country’s trade remedy laws. 
(B) On the written request of the importing 
country, the exporting country shall conduct a 
verification for purposes of enabling the import-
ing country to make a determination described 
in subparagraph (A). 
(C) The exporting country may allow the 
importing 
country 
to 
participate 
in 
a 
verification described in subparagraph (B), in-
cluding through a site visit. 
(D) If the exporting country does not allow 
participation of the importing country in a 
verification described in subparagraph (B), the 
importing country may take this fact into con-
sideration in its trade enforcement and compli-
ance assessment activities regarding the compli-
ance of the exporting country’s exports with the 
importing country’s trade remedy laws. 
(b) CONSIDERATION.—The Commissioner is authorized 
to take into consideration whether a country is a signatory 
to a bilateral agreement described in subsection (a) and the 
extent to which the country is cooperating under the bilat-
eral agreement for purposes of trade enforcement and com-
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100 
pliance assessment activities of U.S. Customs and Border 
Protection that concern evasion by such country’s exports. 
(c) REPORT.—Not later than December 31 of each year 
beginning after the date of the enactment of this Act, the 
Secretary shall submit to the appropriate congressional 
committees a report summarizing— 
(1) the status of any ongoing negotiations of bi-
lateral agreements described in subsection (a), includ-
ing the identities of the countries involved in such ne-
gotiations; 
(2) the terms of any completed bilateral agree-
ments described in subsection (a); and 
(3) bilateral cooperation and other activities con-
ducted pursuant to or enabled by any completed bilat-
eral agreements described in subsection (a). 
SEC. 415. TRADE NEGOTIATING OBJECTIVES. 
The principal negotiating objectives of the United 
States shall include obtaining the objectives of the bilateral 
agreements described under section 414(a) for any trade 
agreements under negotiation as of the date of the enact-
ment of this Act or future trade agreement negotiations. 
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101 
Subtitle B—Investigation of 
Evasion of Trade Remedy Laws 
SEC. 421. PROCEDURES FOR INVESTIGATION OF EVASION 
OF 
ANTIDUMPING 
AND 
COUNTERVAILING 
DUTY ORDERS. 
(a) IN GENERAL.—Title VII of the Tariff Act of 1930 
(19 U.S.C. 1671 et seq.) is amended by inserting after sec-
tion 781 the following: 
‘‘SEC. 781A. PROCEDURES FOR PREVENTION OF EVASION 
OF 
ANTIDUMPING 
AND 
COUNTERVAILING 
DUTY ORDERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTERING
AUTHORITY.—The term 
‘administering authority’ has the meaning given that 
term in section 771. 
‘‘(2) COMMISSIONER.—The term ‘Commissioner’ 
means the Commissioner responsible for U.S. Customs 
and Border Protection. 
‘‘(3) COVERED MERCHANDISE.—The term ‘cov-
ered merchandise’ means merchandise that is subject 
to— 
‘‘(A) a countervailing duty order issued 
under section 706; or 
‘‘(B) an antidumping duty order issued 
under section 736. 
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102 
‘‘(4) EVASION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘evasion’ refers to 
entering covered merchandise into the customs 
territory of the United States by means of any 
document or electronically transmitted data or 
information, written or oral statement, or act 
that is material and false, or any omission that 
is material, and that results in any cash deposit 
or other security or any amount of applicable 
antidumping or countervailing duties being re-
duced or not being applied with respect to the 
merchandise. 
‘‘(B) EXCEPTION FOR CLERICAL ERROR.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), the term ‘evasion’ does not 
include entering covered merchandise into 
the customs territory of the United States 
by means of— 
‘‘(I) a document or electronically 
transmitted data or information, writ-
ten or oral statement, or act that is 
false as a result of a clerical error; or 
‘‘(II) an omission that results 
from a clerical error. 
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103 
‘‘(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 
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 
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104 
to excuse that person from the payment of 
any duties applicable to the merchandise. 
‘‘(b) PREVENTION BY ADMINISTERING AUTHORITY.— 
‘‘(1) PROCEDURES FOR INITIATING INVESTIGA-
TIONS.— 
‘‘(A) INITIATION
BY
ADMINISTERING
AU-
THORITY.—An investigation under this sub-
section shall be initiated with respect to mer-
chandise imported into the United States when-
ever the administering authority determines, 
from information available to the administering 
authority, that an investigation is warranted 
with respect to whether the merchandise is cov-
ered merchandise. 
‘‘(B) INITIATION BY PETITION OR REFER-
RAL.— 
‘‘(i) IN GENERAL.—The administering 
authority shall determine whether to ini-
tiate an investigation under this subpara-
graph not later than 30 days after the date 
on which the administering authority re-
ceives a petition described in clause (ii) or 
a referral described in clause (iii). 
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105 
‘‘(ii) PETITION
DESCRIBED.—A peti-
tion described in this clause is a petition 
that— 
‘‘(I) is filed with the admin-
istering authority by an interested 
party specified in subparagraph (A), 
(C), (D), (E), (F), or (G) of section 
771(9); 
‘‘(II) alleges that merchandise im-
ported into the United States is cov-
ered merchandise; and 
‘‘(III) is accompanied by infor-
mation reasonably available to the pe-
titioner supporting those allegations. 
‘‘(iii) REFERRAL
DESCRIBED.—A re-
ferral described in this clause is a referral 
made by the Commissioner pursuant to sub-
section (c)(1). 
‘‘(2) TIME LIMITS FOR DETERMINATIONS.— 
‘‘(A) PRELIMINARY DETERMINATION.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the administering authority ini-
tiates an investigation under paragraph (1) 
with respect to merchandise, the admin-
istering authority shall issue a preliminary 
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106 
determination, based on information avail-
able to the administering authority at the 
time of the determination, with respect to 
whether there is a reasonable basis to believe 
or suspect that the merchandise is covered 
merchandise. 
‘‘(ii) EXPEDITED PROCEDURES.—If the 
administering authority determines that ex-
pedited action is warranted with respect to 
an investigation initiated under paragraph 
(1), the administering authority may pub-
lish the notice of initiation of the investiga-
tion and the notice of the preliminary deter-
mination in the Federal Register at the 
same time. 
‘‘(B) FINAL DETERMINATION BY THE AD-
MINISTERING
AUTHORITY.—The administering 
authority shall issue a final determination with 
respect to whether merchandise is covered mer-
chandise not later than 300 days after the date 
on which the administering authority initiates 
an investigation under paragraph (1) with re-
spect to the merchandise. 
‘‘(3) ACCESS TO INFORMATION.— 
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110 
clause (i), (ii), or (iii) of paragraph (4)(A) has failed 
to cooperate by not acting to the best of the person’s 
ability to comply with a request for information, the 
administering authority may, in making a deter-
mination under paragraph (2), use an inference that 
is adverse to the interests of that person in selecting 
from among the facts otherwise available to make the 
determination. 
‘‘(6) EFFECT OF AFFIRMATIVE PRELIMINARY DE-
TERMINATION.—If the administering authority makes 
a preliminary determination under paragraph (2)(A) 
that merchandise is covered merchandise, the admin-
istering authority shall instruct U.S. Customs and 
Border Protection— 
‘‘(A) to suspend liquidation of each entry of 
the merchandise that— 
‘‘(i) enters on or after the date of the 
preliminary determination; or 
‘‘(ii) enters before that date, if the liq-
uidation of the entry is not final on that 
date; and 
‘‘(B) to require the posting of a cash deposit 
for each entry of the merchandise in an amount 
determined pursuant to the order or finding de-
scribed in subsection (a)(2)(A)(i), or administra-
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111 
tive review conducted under section 751, that ap-
plies to the merchandise. 
‘‘(7) EFFECT
OF
AFFIRMATIVE
FINAL
DETER-
MINATION.— 
‘‘(A) IN
GENERAL.—If the administering 
authority makes a final determination under 
paragraph (2)(B) that merchandise is covered 
merchandise, the administering authority shall 
instruct U.S. Customs and Border Protection— 
‘‘(i) to assess duties on the merchandise 
in an amount determined pursuant to the 
order or finding described in subsection 
(a)(2)(A)(i), or administrative review con-
ducted under section 751, that applies to the 
merchandise; 
‘‘(ii) notwithstanding section 501, to 
reliquidate, in accordance with such order, 
finding, or administrative review, each 
entry of the merchandise that was liq-
uidated and is determined to include cov-
ered merchandise; and 
‘‘(iii) to review and reassess the 
amount of bond or other security the im-
porter is required to post for such merchan-
dise entered on or after the date of the final 
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112 
determination to ensure the protection of 
revenue and compliance with the law. 
‘‘(B) ADDITIONAL AUTHORITY.—If the ad-
ministering authority makes a final determina-
tion under paragraph (2)(B) that merchandise is 
covered merchandise, the administering author-
ity may instruct U.S. Customs and Border Pro-
tection to require the importer of the merchan-
dise to post a cash deposit or bond on such mer-
chandise entered on or after the date of the final 
determination in an amount the administering 
authority determines in the final determination 
to be owed with respect to the merchandise. 
‘‘(8) EFFECT OF NEGATIVE FINAL DETERMINA-
TION.—If the administering authority makes a final 
determination under paragraph (2)(B) that merchan-
dise is not covered merchandise, the administering 
authority shall terminate the suspension of liquida-
tion and refund any cash deposit imposed pursuant 
to paragraph (6) with respect to the merchandise. 
‘‘(9) NOTIFICATION.—Not later than 5 business 
days after making a determination under paragraph 
(2) with respect to covered merchandise, the admin-
istering authority may provide to importers, in such 
manner as the administering authority determines 
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113 
appropriate, information discovered in the investiga-
tion that the administering authority 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. 
‘‘(10) SPECIAL RULE FOR CASES IN WHICH THE 
PRODUCER OR EXPORTER IS UNKNOWN.—If the ad-
ministering authority is unable to determine the ac-
tual producer or exporter of the merchandise with re-
spect to which the administering authority initiated 
an investigation under paragraph (1), the admin-
istering authority shall, in requiring the posting of a 
cash deposit under paragraph (6) or assessing duties 
pursuant to paragraph (7)(A), impose the cash de-
posit or duties (as the case may be) in the highest 
amount applicable to any producer or exporter of the 
merchandise pursuant to any order or finding de-
scribed in subsection (a)(2)(A)(i), or any administra-
tive review conducted under section 751. 
‘‘(11) PUBLICATION OF DETERMINATIONS.—The 
administering authority shall publish each notice of 
initiation of investigation made under paragraph 
(1)(A), each preliminary determination made under 
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114 
paragraph (2)(A) and each final determination made 
under paragraph (2)(B) in the Federal Register. 
‘‘(12) REFERRALS TO OTHER AGENCIES.— 
‘‘(A) AFTER
PRELIMINARY
DETERMINA-
TION.—Notwithstanding section 777 and subject 
to subparagraph (C), when the administering 
authority makes an affirmative preliminary de-
termination under paragraph (2)(A), the admin-
istering authority shall— 
‘‘(i) transmit the administrative record 
to the Commissioner for such additional ac-
tion as the Commissioner determines appro-
priate, including proceedings under section 
592; and 
‘‘(ii) at the request of the head of an-
other agency, transmit the administrative 
record to the head of that agency. 
‘‘(B) AFTER FINAL DETERMINATION.—Not-
withstanding section 777 and subject to subpara-
graph (C), when the administering authority 
makes an affirmative final determination under 
paragraph (2)(B), the administering authority 
shall— 
‘‘(i) transmit the complete administra-
tive record to the Commissioner; and 
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115 
‘‘(ii) at the request of the head of an-
other agency, transmit the complete admin-
istrative record to the head of that agency. 
‘‘(c) PREVENTION BY U.S. CUSTOMS AND BORDER 
PROTECTION.—In the event the Commissioner receives in-
formation that a person is entered covered merchandise into 
the customs territory of the United States through evasion, 
but is not able to determine whether the merchandise is in 
fact covered merchandise, the Commissioner shall— 
‘‘(A) refer the matter to the administering 
authority for additional proceedings under sub-
section (b); and 
‘‘(B) transmit to the administering author-
ity— 
‘‘(i) copies of the entry documents and 
information required by section 484(a)(1) 
relating to the merchandise; and 
‘‘(ii) any additional records or infor-
mation that the Commissioner considers ap-
propriate. 
‘‘(d) COOPERATION BETWEEN U.S. CUSTOMS
AND 
BORDER PROTECTION AND THE DEPARTMENT OF COM-
MERCE.— 
‘‘(1) NOTIFICATION OF INVESTIGATIONS.—Upon 
receiving a petition and upon initiating an investiga-
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116 
tion under subsection (b), the administering authority 
shall notify the Commissioner. 
‘‘(2) 
PROCEDURES
FOR
COOPERATION.—Not 
later than 180 days after the date of the enactment 
of this Act , the Commissioner and the administering 
authority shall establish procedures to ensure max-
imum cooperation and communication between U.S. 
Customs and Border Protection and the admin-
istering authority in order to quickly, efficiently, and 
accurately investigate allegations of evasion of anti-
dumping and countervailing duty orders. 
‘‘(e) ANNUAL REPORT ON PREVENTING EVASION OF 
ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.— 
‘‘(1) IN GENERAL.—Not later than February 28 
of each year beginning in 2016, the Under Secretary 
for International Trade of the Department of Com-
merce shall submit to the Committee on Finance and 
the Committee on Appropriations of the Senate and 
the Committee on Ways and Means and the Com-
mittee on Appropriations of the House of Representa-
tives a report on the efforts being taken under sub-
section (b) to prevent evasion of antidumping and 
countervailing duty orders. 
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117 
‘‘(2) CONTENTS.—Each report required by para-
graph (1) shall include, for the year preceding the 
submission of the report— 
‘‘(A)(i) the number of investigations initi-
ated pursuant to subsection (b); and 
‘‘(ii) a description of such investigations, 
including— 
‘‘(I) the results of such investigations; 
and 
‘‘(II) the amount of antidumping and 
countervailing duties collected as a result of 
such investigations; and 
‘‘(B) the number of referrals made by the 
Commissioner pursuant to subsection (c).’’. 
(b) TECHNICAL AMENDMENT.—The table of contents 
for title VII of the Tariff Act of 1930 is amended by insert-
ing after the item relating to section 781 the following: 
‘‘Sec. 781A. Procedures for prevention of evasion of antidumping and counter-
vailing duty orders.’’. 
(c) JUDICIAL REVIEW.—Section 516A(a)(2) of the 
Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)) is amended— 
(1) in subparagraph (A)(i)(I), by striking ‘‘or 
(viii)’’ and inserting ‘‘(viii), or (ix)’’; and 
(2) in subparagraph (B), by inserting at the end 
the following: 
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118 
‘‘(ix) A determination by the admin-
istering authority under section 781A.’’. 
(d) REGULATIONS.—Not later than 180 days after the 
date of the enactment of this Act— 
(1) the Secretary of Commerce shall prescribe 
such regulations as may be necessary to carry out 
subsection (b) of section 781A of the Tariff Act of 
1930 (as added by subsection (a) of this section); and 
(2) the Commissioner responsible for U.S. Cus-
toms and Border Protection shall prescribe such regu-
lations as may be necessary to carry out subsection 
(c) of such section 781A. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall— 
(1) take effect on the date that is 180 days after 
the date of the enactment of this Act; and 
(2) apply with respect to merchandise entered on 
or after such date of enactment. 
SEC. 422. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. 
Not later than 2 years after the date of the enactment 
of this Act, the Comptroller General of the United States 
shall submit to the Committee on Finance and the Com-
mittee on Appropriations of the Senate and the Committee 
on Ways and Means and the Committee on Appropriations 
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119 
of the House of Representatives a report assessing the effec-
tiveness of— 
(1) the provisions of, and amendments made by, 
this Act; and 
(2) the actions taken and procedures developed 
by the Secretary of Commerce and the Commissioner 
pursuant to such provisions and amendments to pre-
vent evasion of antidumping and countervailing duty 
orders under title VII of the Tariff Act of 1930 (19 
U.S.C. 1671 et seq.). 
Subtitle C—Other Matters 
SEC. 431. ALLOCATION AND TRAINING OF PERSONNEL. 
The Commissioner shall, to the maximum extent pos-
sible, ensure that U.S. Customs and Border Protection— 
(1) employs sufficient personnel who have exper-
tise in, and responsibility for, preventing and inves-
tigating the entry of covered merchandise into the 
customs territory of the United States through eva-
sion; 
(2) on the basis of risk assessment metrics, as-
signs sufficient personnel with primary responsibility 
for preventing the entry of covered merchandise into 
the customs territory of the United States through 
evasion to the ports of entry in the United States at 
which the Commissioner determines potential evasion 
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presents the most substantial threats to the revenue of 
the United States; and 
(3) provides adequate training to relevant per-
sonnel to increase expertise and effectiveness in the 
prevention and identification of entries of covered 
merchandise into the customs territory of the United 
States through evasion. 
SEC. 432. ANNUAL REPORT ON PREVENTION OF EVASION 
OF 
ANTIDUMPING 
AND 
COUNTERVAILING 
DUTY ORDERS. 
(a) IN GENERAL.—Not later than February 28 of each 
year, beginning in 2014, the Commissioner, in consultation 
with the Secretary of Commerce and the Director for U.S. 
Immigration and Customs Enforcement, shall submit to the 
appropriate congressional committees a report on the efforts 
being taken to prevent and investigate 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 iden-
tify evasion; 
(B) the number of allegations of evasion re-
ceived and the number of allegations of evasion 
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121 
resulting in any administrative, civil, or crimi-
nal actions by U.S. Customs and Border Protec-
tion or any other agency; 
(C) a summary of the completed adminis-
trative inquiries of evasion, including the num-
ber and nature of the inquiries initiated, con-
ducted, or completed, as well as their resolution; 
(D) with respect to inquiries that lead to 
lead to issuance of a penalty notice, the penalty 
amounts; 
(E) the amounts of antidumping and coun-
tervailing duties collected as a result of any ac-
tions by U.S. Customs and Border Protection or 
any other agency; 
(F) 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, identify and 
investigate evasion, including any assessments 
conducted regarding the allocation of such per-
sonnel and resources; and 
(G) a description of training conducted to 
increase expertise and effectiveness in the preven-
tion, identification and investigation of evasion; 
and 
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122 
(2) a description of U.S. Customs and Border 
Protection processes and procedures to prevent and 
identify 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 such ex-
isting guidelines, policies, and practices; 
(C) identification of any changes since the 
last report that have materially improved or re-
duced the effectiveness of U.S. Customs and Bor-
der Protection to prevent and identify evasion; 
(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 on non-
collection; 
(E) the processes and procedures for in-
creased cooperation and information sharing 
with the Department of Commerce, U.S. Immi-
gration and Customs Enforcement, and any 
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123 
other relevant Federal agencies to prevent and 
identify evasion; and 
(F) identification of any recommended pol-
icy changes of other Federal agencies or legisla-
tive changes to improve the effectiveness of U.S. 
Customs and Border Protection to prevent and 
identify evasion. 
SEC. 433. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS. 
Section 751(a)(2)(B) of the Tariff Act of 1930 (19 
U.S.C. 1675(a)(2)(B)) is amended— 
(1) by striking clause (iii); 
(2) by redesignating clause (iv) as clause (iii); 
and 
(3) inserting after clause (iii), as redesignated by 
paragraph (2) of this section, the following: 
‘‘(iv) 
DETERMINATIONS
BASED
ON 
BONAFIDE
SALES.—Any weighted average 
dumping margin or individual counter-
vailing duty rate determined for an ex-
porter or producer in a review conducted 
under clause (i) shall be based solely on the 
bona fide United States sales of an exporter 
or producer, as the case may be, made dur-
ing the period covered by the review. In de-
termining whether the United States sales of 
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124 
an exporter or producer made during the 
period covered by the review were bona fide, 
the administering authority shall consider, 
depending 
on 
the 
circumstances 
sur-
rounding such sales— 
‘‘(I) the prices of such sales; 
‘‘(II) whether such sales were 
made in commercial quantities; 
‘‘(III) the timing of such sales; 
‘‘(IV) the expenses arising from 
such sales; 
‘‘(V) whether the subject merchan-
dise involved in such sales were resold 
in the United States at a profit; 
‘‘(VI) whether such sales were 
made on an arms-length basis; and 
‘‘(VII) any other factor the ad-
ministering authority determines to be 
relevant as to whether such sales are, 
or are not, likely to be typical of those 
the exporter or producer will make 
after completion of the review.’’. 
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125 
TITLE V—ADDITIONAL 
ENFORCEMENT PROVISIONS 
SEC. 501. 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: 
‘‘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-
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126 
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 
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 
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127 
preceding the date of the most recent report 
under paragraph (3); 
‘‘(E) a foreign government’s compliance 
with its obligations under any trade agreements 
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). 
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128 
‘‘(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 
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) SEMI-ANNUAL 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. 
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‘‘(2) ACTS, POLICIES, OR
PRACTICES
OF
CON-
CERN.—The semi-annual enforcement consultations 
required by paragraph (1) shall address acts, policies, 
or practices of foreign governments that raise con-
cerns with respect to obligations under the WTO 
Agreements or any other trade agreement to which the 
United States is a party, or otherwise create or 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 semi-annual 
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 
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other trade agreement to which the United States is 
a party, including— 
‘‘(A) strategies for addressing concerns 
raised by such acts, policies, or practices; 
‘‘(B) any relevant timeline with respect to 
investigation of such acts, policies, or practices; 
‘‘(C) the merits of any potential dispute 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 
semi-annual 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; 
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‘‘(B) the merits of such actions; 
‘‘(C) any prospective implementation ac-
tions; 
‘‘(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-an-
nual enforcement consultations required by paragraph 
(1) shall address the availability and deployment of 
enforcement resources, resource constraints on moni-
toring and enforcement activities, and strategies to 
address those constraints, including the use of avail-
able resources of other Federal agencies to enhance 
monitoring and enforcement capabilities. 
‘‘(c) INVESTIGATION AND RESOLUTION.—In the case of 
any acts, policies, or practices of a foreign government iden-
tified as a trade enforcement priority under subsection (a), 
the Trade Representative shall, not later than the date of 
the first semi-annual enforcement consultations held under 
subsection (b) after the identification of the priority, take 
appropriate action to address that priority, including— 
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‘‘(1) engagement with the foreign government to 
resolve concerns raised by such acts, policies, or prac-
tices; 
‘‘(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 
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133 
consultation are not possible, the Trade Representa-
tive shall notify and consult at the earliest practicable 
opportunity after initiation of the dispute. 
‘‘(2) CIRCULATION
OF
REPORTS.—The Trade 
Representative shall notify and consult with the 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.’’. 
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