[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 644 Enrolled Bill (ENR)]
H.R.644
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To reauthorize trade facilitation and trade enforcement functions and
activities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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
follows:

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modernization, trade facilitation, and trade enforcement
functions and programs.

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TITLE I

-TRADE FACILITATION AND TRADE ENFORCEMENT

appraise imported articles, to improve trade enforcement
efforts, and to otherwise facilitate legitimate international
trade.

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TITLE III

-IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

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Subtitle A--Actions Relating to Enforcement of Trade Remedy Laws

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TITLE IV

-PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY

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Subtitle B--Investigation of Evasion of Trade Remedy Laws

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and countervailing duty orders.
Subtitle C--Other Matters

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antidumping and countervailing duty orders.

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TITLE V

-SMALL BUSINESS TRADE ISSUES AND STATE TRADE COORDINATION

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TITLE VI

-ADDITIONAL ENFORCEMENT PROVISIONS

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archaeological or ethnological materials, and fish, wildlife,
and plants.

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respect to certain acts, policies, and practices.

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economic policies with certain major trading partners of the
United States.

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TITLE VII

-ENGAGEMENT ON CURRENCY EXCHANGE RATE AND ECONOMIC POLICIES

Subtitle A--Establishment of U.S. Customs and Border Protection

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TITLE VIII

-MATTERS RELATING TO U.S. CUSTOMS AND BORDER PROTECTION

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inspection services and preclearance activities.

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TITLE IX

-MISCELLANEOUS PROVISIONS

instruments of international traffic previously exported from
the United States.

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importation of goods made with convict labor, forced labor, or
indentured labor; report.

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reduce rates of duty on certain environmental goods.

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for appointment as Deputy United States Trade Representative.

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and discriminatory taxes on electronic commerce.

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In this Act:
(1) Automated commercial environment.--The term ``Automated
Commercial Environment'' means the Automated Commercial Environment
computer system authorized under section 13031(f)(4) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(4)).
(2) Commercial operations of u.s. customs and border
protection.--The term ``commercial operations of U.S. Customs and
Border Protection'' includes--
(A) administering any customs revenue function (as defined
in section 415 of the Homeland Security Act of 2002 (6 U.S.C.
215));
(B) coordinating efforts of the Department of Homeland
Security with respect to trade facilitation and trade
enforcement;
(C) coordinating with the Director of U.S. Immigration and
Customs Enforcement with respect to--
(i) investigations relating to trade enforcement; and
(ii) the development and implementation of the joint
strategic plan required by section 105;
(D) coordinating, on behalf of the Department of Homeland
Security, efforts among Federal agencies to facilitate
legitimate trade and to enforce the customs and trade laws of
the United States, including representing the Department of
Homeland Security in interagency fora addressing such efforts;
(E) coordinating with customs authorities of foreign
countries to facilitate legitimate international trade and
enforce the customs and trade laws of the United States and the
customs and trade laws of foreign countries;
(F) collecting, assessing, and disseminating information as
appropriate and in accordance with any law regarding cargo
destined for the United States--
(i) to ensure that such cargo complies with the customs
and trade laws of the United States; and
(ii) to facilitate the legitimate international trade
of such cargo;
(G) soliciting and considering on a regular basis input
from private sector entities, including the Commercial Customs
Operations Advisory Committee established by section 109 and
the Trade Support Network, with respect to, as appropriate--
(i) the implementation of changes to the customs and
trade laws of the United States; and
(ii) the development, implementation, or revision of
policies or regulations administered by U.S. Customs and
Border Protection; and
(H) otherwise advising the Secretary of Homeland Security
with respect to the development of policies associated with
facilitating legitimate trade and enforcing the customs and
trade laws of the United States.
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection, as described in
section 411(b) of the Homeland Security Act of 2002, as amended by
section 802(a) of this Act.
(4) Customs and trade laws of the united states.--The term
``customs and trade laws of the United States'' includes the
following:
(A) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.).
(B) Section 249 of the Revised Statutes (19 U.S.C. 3).
(C) Section 2 of the Act of March 4, 1923 (42 Stat. 1453,
chapter 251; 19 U.S.C. 6).
(D) The Act of March 3, 1927 (44 Stat. 1381, chapter 348;
19 U.S.C. 2071 et seq.).
(E) Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c).
(F) Section 251 of the Revised Statutes (19 U.S.C. 66).
(G) Section 1 of the Act of June 26, 1930 (46 Stat. 817,
chapter 617; 19 U.S.C. 68).
(H) The Act of June 18, 1934 (48 Stat. 998, chapter 590; 19
U.S.C. 81a et seq.; commonly known as the ``Foreign Trade Zones
Act'').
(I) Section 1 of the Act of March 2, 1911 (36 Stat. 965,
chapter 191; 19 U.S.C. 198).
(J) The Trade Act of 1974 (19 U.S.C. 2101 et seq.).
(K) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et
seq.).
(L) The North American Free Trade Agreement Implementation
Act (19 U.S.C. 3301 et seq.).
(M) The Uruguay Round Agreements Act (19 U.S.C. 3501 et
seq.).
(N) The Caribbean Basin Economic Recovery Act (19 U.S.C.
2701 et seq.).
(O) The Andean Trade Preference Act (19 U.S.C. 3201 et
seq.).
(P) The African Growth and Opportunity Act (19 U.S.C. 3701
et seq.).
(Q) The Customs Enforcement Act of 1986 (Public Law 99-570;
100 Stat. 3207-79).
(R) The Customs and Trade Act of 1990 (Public Law 101-382;
104 Stat. 629).
(S) The Customs Procedural Reform and Simplification Act of
1978 (Public Law 95-410; 92 Stat. 888).
(T) The Trade Act of 2002 (Public Law 107-210; 116 Stat.
933).
(U) The Convention on Cultural Property 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. 1262, chapter 566).
(X) The Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 (Public Law 114-26; 19 U.S.C. 4201
et seq.).
(Y) The Trade Preferences Extension Act of 2015 (Public Law
114-27; 129 Stat. 362).
(Z) Any other provision of law implementing a trade
agreement.
(AA) Any other provision of law vesting customs revenue
functions in the Secretary of the Treasury.
(BB) Any other provision of law relating to trade
facilitation or trade enforcement that is administered by U.S.
Customs and Border Protection on behalf of any Federal agency
that is required to participate in the International Trade Data
System established under section 411(d) of the Tariff Act of
1930 (19 U.S.C. 1411(d)).
(CC) Any other provision of customs or trade law
administered by U.S. Customs and Border Protection or U.S.
Immigration and Customs Enforcement.
(5) Private sector entity.--The term ``private sector entity''
means--
(A) an importer;
(B) an exporter;
(C) a forwarder;
(D) an air, sea, or land carrier or shipper;
(E) a contract logistics provider;
(F) a customs broker; or
(G) any other person (other than an employee of a
government) affected by the implementation of the customs and
trade laws of the United States.
(6) Trade enforcement.--The term ``trade enforcement'' means
the enforcement of the customs and trade laws of the United States.
(7) Trade facilitation.--The term ``trade facilitation'' refers
to policies and activities of U.S. Customs and Border Protection
with respect to facilitating the movement of merchandise into and
out of the United States in a manner that complies with the customs
and trade laws of the United States.

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(a) In General.--In order to advance the security, trade
enforcement, and trade facilitation missions of U.S. Customs and Border
Protection, the Commissioner shall ensure that partnership programs of
U.S. Customs and Border Protection established before the date of the
enactment of this Act, such as the Customs-Trade Partnership Against
Terrorism established under subtitle B of title II of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), and
partnership programs of U.S. Customs and Border Protection established
on or after such date of enactment, provide trade benefits to private
sector entities that meet the requirements for participation in those
programs established by the Commissioner under this section.
(b) Elements.--In developing and operating partnership programs
under subsection (a), the Commissioner shall--
(1) consult with private sector entities, the public, and other
Federal agencies when appropriate, to ensure that participants in
those programs receive commercially significant and measurable
trade benefits, including providing preclearance of merchandise for
qualified persons that demonstrate the highest levels of compliance
with the customs and trade laws of the United States, regulations
of U.S. Customs and Border Protection, and other requirements the
Commissioner determines to be necessary;
(2) ensure an integrated and transparent system of trade
benefits and compliance requirements for all partnership programs
of U.S. Customs and Border Protection;
(3) consider consolidating partnership programs in situations
in which doing so would support the objectives of such programs,
increase participation in such programs, enhance the trade benefits
provided to participants in such programs, and enhance the
allocation of the resources of U.S. Customs and Border Protection;
(4) coordinate with the Director of U.S. Immigration and
Customs Enforcement, and other Federal agencies with authority to
detain and release merchandise entering the United States--
(A) to ensure coordination in the release of such
merchandise through the Automated Commercial Environment, or
its predecessor, and the International Trade Data System
established under section 411(d) of the Tariff Act of 1930 (19
U.S.C. 1411(d));
(B) to ensure that the partnership programs of those
agencies are compatible with the partnership programs of U.S.
Customs and Border Protection;
(C) to develop criteria for authorizing the release, on an
expedited basis, of merchandise for which documentation is
required from one or more of those agencies to clear or license
the merchandise for entry into the United States; and
(D) to create pathways, within and among the appropriate
Federal agencies, for qualified persons that demonstrate the
highest levels of compliance with the customs and trade laws of
the United States to receive immediate clearance absent
information that a transaction may pose a national security or
compliance threat; and
(5) ensure that trade benefits are provided to participants in
partnership programs.
(c) Report Required.--Not later than the date that is 180 days
after the date of the enactment of this Act, and not later than
December 31 of each calendar year thereafter, the Commissioner shall
submit to the appropriate congressional committees 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 measurable trade
benefits provided to participants in the program;
(C) the number of participants in the program; and
(D) in the case of a program that provides for
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 partnership program
in advancing the security, trade enforcement, and trade
facilitation missions of U.S. Customs and Border Protection, based
on historical developments, the level of participation in the
program, and the evolution of benefits provided to participants in
the program;
(5) summarizes the efforts of U.S. Customs and Border
Protection to work with other Federal agencies with authority to
detain and release merchandise entering the United States to ensure
that partnership programs of those agencies are compatible with
partnership programs of U.S. Customs and Border Protection;
(6) summarizes criteria developed with those agencies for
authorizing the release, on an expedited basis, of merchandise for
which documentation is required from one or more of those agencies
to clear or license the merchandise for entry into the United
States;
(7) summarizes the efforts of U.S. Customs and Border
Protection to work with private sector entities and the public to
develop and improve such partnership programs;
(8) describes measures taken by U.S. Customs and Border
Protection to make private sector entities aware of the trade
benefits available to participants in such partnership programs;
and
(9) summarizes the plans, targets, and goals of U.S. Customs
and Border Protection with respect to such partnership programs for
the 2 years following the submission of the report.

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(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report on
the effectiveness of trade enforcement activities of U.S. Customs and
Border Protection.
(b) Contents.--The report required by subsection (a) shall
include--
(1) a description of the use of resources, results of audits
and verifications, targeting, organization, and training of
personnel of U.S. Customs and Border Protection;
(2) a description of trade enforcement activities to address
undervaluation, transshipment, legitimacy of entities making entry,
protection of revenues, fraud prevention and detection, and
penalties, including intentional misclassification, inadequate
bonding, and other misrepresentations; and
(3) a description of trade enforcement activities with respect
to the priority trade issues described in section 117, including--
(A) methodologies used in such enforcement activities, such
as targeting;
(B) recommendations for improving such enforcement
activities; and
(C) a description of the implementation of previous
recommendations for improving such enforcement activities.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.

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MODERNIZATION, TRADE FACILITATION, AND TRADE ENFORCEMENT
FUNCTIONS AND PROGRAMS.
(a) Priorities and Performance Standards.--
(1) In general.--The Commissioner, in consultation with the
appropriate congressional committees, shall establish priorities
and performance standards to measure the development and levels of
achievement of the customs modernization, trade facilitation, and
trade enforcement functions and programs described in subsection
(b).
(2) Minimum priorities and standards.--Such priorities and
performance standards shall, at a minimum, include priorities and
standards relating to efficiency, outcome, output, and other types
of applicable measures.
(b) Functions and Programs Described.--The functions and programs
referred to in subsection (a) are the following:
(1) The Automated Commercial Environment.
(2) Each of the priority trade issues described in section 117.
(3) The Centers of Excellence and Expertise described in
section 110.
(4) Drawback for exported merchandise under section 313 of the
Tariff Act of 1930 (19 U.S.C. 1313), as amended by section 906 of
this Act.
(5) Transactions relating to imported merchandise in bond.
(6) Collection of countervailing duties assessed under subtitle
A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.)
and antidumping duties assessed under subtitle B of title VII of
the Tariff Act of 1930 (19 U.S.C. 1673 et seq.).
(7) The expedited clearance of cargo.
(8) The issuance of regulations and rulings.
(9) The issuance of Regulatory Audit Reports.
(c) Consultations and Notification.--
(1) Consultations.--The consultations required by subsection
(a)(1) shall occur, at a minimum, on an annual basis.
(2) Notification.--The Commissioner shall notify the
appropriate congressional committees of any changes to the
priorities or performance standards referred to in subsection (a)
not later than 30 days before such changes are to take effect.

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APPRAISE IMPORTED ARTICLES, TO IMPROVE TRADE ENFORCEMENT EFFORTS,
AND TO OTHERWISE FACILITATE LEGITIMATE INTERNATIONAL TRADE.
(a) Establishment.--The Commissioner and the Director shall
establish and carry out on a fiscal year basis educational seminars
to--
(1) improve the ability of personnel of U.S. Customs and Border
Protection to classify and appraise articles imported into the
United States in accordance with the customs and trade laws of the
United States;
(2) improve the trade enforcement efforts of personnel of U.S.
Customs and Border Protection and personnel of U.S. Immigration and
Customs Enforcement; and
(3) otherwise improve the ability and effectiveness of
personnel of U.S. Customs and Border Protection and personnel of
U.S. Immigration and Customs Enforcement to facilitate legitimate
international trade.
(b) Content.--
(1) Classifying and appraising imported articles.--In carrying
out subsection (a)(1), the Commissioner, the Director, and
interested parties in the private sector selected under subsection
(c) shall provide instruction and related instructional materials
at each educational seminar carried out under this section to
personnel of U.S. Customs and Border Protection and, as
appropriate, to personnel of U.S. Immigration and Customs
Enforcement on the following:
(A) Conducting a physical inspection of an article imported
into the United States, including testing of samples of the
article, to determine if the article is mislabeled in the
manifest or other accompanying documentation.
(B) Reviewing the manifest and other accompanying
documentation of an article imported into the United States to
determine if the country of origin of the article listed in the
manifest or other accompanying documentation is accurate.
(C) Customs valuation.
(D) Industry supply chains and other related matters as
determined to be appropriate by the Commissioner.
(2) Trade enforcement efforts.--In carrying out subsection
(a)(2), the Commissioner, the Director, and interested parties in
the private sector selected under subsection (c) shall provide
instruction and related instructional materials at each educational
seminar carried out under this section to personnel of U.S. Customs
and Border Protection and, as appropriate, to personnel of U.S.
Immigration and Customs Enforcement to identify opportunities to
enhance enforcement of the following:
(A) Collection of countervailing duties assessed under
subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.) and antidumping duties assessed under 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 director.--The instruction and
related instructional materials at each educational seminar carried
out under this section shall be subject to the approval of the
Commissioner and the Director.
(c) Selection Process.--
(1) In general.--The Commissioner shall establish a process to
solicit, evaluate, and select interested parties in the private
sector for purposes of assisting in providing instruction and
related instructional materials described in subsection (b) at each
educational seminar carried out under this section.
(2) Criteria.--The Commissioner shall evaluate and select
interested parties in the private sector under the process
established under paragraph (1) based on--
(A) availability and usefulness;
(B) the volume, value, and incidence of mislabeling or
misidentification of origin of imported articles; and
(C) other appropriate criteria established by the
Commissioner.
(3) Public availability.--The Commissioner and the Director
shall publish in the Federal Register a detailed description of the
process established under paragraph (1) and the criteria
established under paragraph (2).
(d) Special Rule for Antidumping and Countervailing Duty Orders.--
(1) In general.--The Commissioner shall give due consideration
to carrying out an educational seminar under this section in whole
or in part to improve the ability of personnel of U.S. Customs and
Border Protection to enforce a countervailing or antidumping duty
order issued under section 706 or 736 of the Tariff Act of 1930 (19
U.S.C. 1671e or 1673e) upon the request of a petitioner in an
action underlying such countervailing or antidumping duty order.
(2) Interested party.--A petitioner described in paragraph (1)
shall be treated as an interested party in the private sector for
purposes of the requirements of this section.
(e) Performance Standards.--The Commissioner and the Director shall
establish performance standards to measure the development and level of
achievement of educational seminars carried out under this section.
(f) Reporting.--Not later than September 30, 2016, and annually
thereafter, the Commissioner and the Director shall submit to the
appropriate congressional committees a report on the effectiveness of
educational seminars carried out under this section.
(g) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of U.S.
Immigration and Customs Enforcement.
(2) United states.--The term ``United States'' means the
customs territory of the United States, as defined in General Note
2 to the Harmonized Tariff Schedule of the United States.
(3) U.S. customs and border protection personnel.--The term
``U.S. Customs and Border Protection personnel'' means import
specialists, auditors, and other appropriate employees of the U.S.
Customs and Border Protection.
(4) U.S. immigration and customs enforcement personnel.--The
term ``U.S. Immigration and Customs Enforcement personnel'' means
Homeland Security Investigations Directorate personnel and other
appropriate employees of U.S. Immigration and Customs Enforcement.

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(a) In General.--Not later than one year after the date of the
enactment of this Act, and every 2 years thereafter, the Commissioner
and the Director of U.S. Immigration and Customs Enforcement shall
jointly develop and submit to the appropriate congressional committees
a joint strategic plan.
(b) Contents.--The joint strategic plan required under this section
shall be comprised of a comprehensive multiyear plan for trade
enforcement and trade facilitation, and shall include--
(1) a summary of actions taken during the 2-year period
preceding the submission of the plan to improve trade enforcement
and trade facilitation, including a description and analysis of
specific performance measures to evaluate the progress of U.S.
Customs and Border Protection and U.S. Immigration and Customs
Enforcement in meeting each such responsibility;
(2) a statement of objectives and plans for further improving
trade enforcement and trade facilitation;
(3) a specific identification of the priority trade issues
described in section 117 that can be addressed in order to enhance
trade enforcement and trade facilitation, and a description of
strategies and plans for addressing each such issue, including--
(A) a description of the targeting methodologies used for
enforcement activities with respect to each such issue;
(B) recommendations for improving such enforcement
activities; and
(C) a description of the implementation of previous
recommendations for improving such enforcement activities;
(4) a description of efforts made to improve consultation and
coordination among and within Federal agencies, and in particular
between U.S. Customs and Border Protection and U.S. Immigration and
Customs Enforcement, regarding trade enforcement and trade
facilitation;
(5) a description of the training that has occurred to date
within U.S. Customs and Border Protection and U.S. Immigration and
Customs Enforcement to improve trade enforcement and trade
facilitation, including training at educational seminars carried
out under section 104;
(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. Custom and Border Protection
organizational benchmarks for optimizing staffing and wait times at
ports of entry;
(8) a specific identification of any domestic or international
best practices that may further improve trade enforcement and trade
facilitation;
(9) any legislative recommendations to further improve trade
enforcement and trade facilitation; and
(10) a description of efforts made to improve consultation and
coordination with the private sector to enhance trade enforcement
and trade facilitation.
(c) Consultations.--
(1) In general.--In developing the joint strategic plan
required under this section, the Commissioner and the Director of
U.S. Immigration and Customs Enforcement shall consult with--
(A) appropriate officials from relevant Federal 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 Administration;
(viii) the Consumer Product Safety Commission; and
(ix) the Office of the United States Trade
Representative; and
(B) the Commercial Customs Operations Advisory Committee
established by section 109.
(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 foreign law
enforcement agencies and international organizations, including
the World Customs Organization; and
(B) interested parties in the private sector.
(d) Form of Plan.--The joint strategic plan required under this
section shall be submitted in unclassified form, but may include a
classified annex.

59eff3025b8efbcd3e052bbac3f680c16ad06bc8b704a9dc720dfa6280429a8b

(a) Funding.--Section 13031(f)(4)(B) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)(B)) is amended--
(1) by striking ``2003 through 2005'' and inserting ``2016
through 2018'';
(2) by striking ``such amounts as are available in that
Account'' and inserting ``not less than $153,736,000''; and
(3) by striking ``for the development'' and inserting ``to
complete the development and implementation''.
(b) Report.--
(1) In general.--Not later than December 31, 2016, the
Commissioner shall submit to the Committee on Appropriations and
the Committee on Finance of the Senate and the Committee on
Appropriations and the Committee on Ways and Means of the House of
Representatives a report detailing--
(A) U.S. Customs and Border Protection's incorporation of
all core trade processing capabilities, including cargo
release, entry summary, cargo manifest, cargo financial data,
and export data elements, into the Automated Commercial
Environment not later than September 30, 2016, to conform with
the admissibility criteria of agencies participating in the
International Trade Data System identified pursuant to
paragraph (4)(A)(iii) of section 411(d) of the Tariff Act of
1930 (19 U.S.C. 1411(d)), as added by section 107 of this Act;
(B) U.S. Customs and Border Protection's remaining
priorities for processing entry summary data elements, cargo
manifest data elements, cargo financial data elements, and
export elements in the Automated Commercial Environment, and
the objectives and plans for implementing these remaining
priorities;
(C) the components of the National Customs Automation
Program specified in section 411(a)(2) of the Tariff Act of
1930 that have not been implemented; and
(D) any additional components of the National Customs
Automation Program initiated by the Commissioner to complete
the development, establishment, and implementation of the
Automated Commercial Environment.
(2) Update of reports.--Not later than September 30, 2017, the
Commissioner shall submit to the Committee on Appropriations and
the Committee on Finance of the Senate and the Committee on
Appropriations and the Committee on Ways and Means of the House of
Representatives an updated report addressing each of the matters
referred to in paragraph (1), and--
(A) evaluating the effectiveness of the implementation of
the Automated Commercial Environment; and
(B) detailing the percentage of trade processed in the
Automated Commercial Environment every month since September
30, 2016.
(3) Repeal.--Section 311(b) of the Customs Border Security Act
of 2002 (19 U.S.C. 2075 note) is amended by striking paragraph (3).
(c) Government Accountability Office Report.--Not later than
December 31, 2017, the Comptroller General of the United States shall
submit to the Committee on Appropriations and the Committee on Finance
of the Senate and the Committee on Appropriations and the Committee on
Ways and Means of the House of Representatives a report--
(1) assessing the progress of other Federal agencies in
accessing and utilizing the Automated Commercial Environment; and
(2) assessing the potential cost savings to the United States
Government and importers and exporters and the potential benefits
to enforcement of the customs and trade laws of the United States
if the elements identified in subparagraphs (A) through (D) of
subsection (b)(1) are implemented.

6cf95fa84bde28c67064972f47015109956b018096247fcfdd77d637957eee26

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 following:
``(4) Information technology infrastructure.--
``(A) In general.--The Secretary shall work with the head
of each agency participating in the ITDS and the Interagency
Steering Committee to ensure that each agency--
``(i) develops and maintains the necessary information
technology infrastructure to support the operation of the
ITDS and to submit all data to the ITDS electronically;
``(ii) enters into a memorandum of understanding, or
takes such other action as is necessary, to provide for the
information sharing between the agency and U.S. Customs and
Border Protection necessary for the operation and
maintenance of the ITDS;
``(iii) not later than June 30, 2016, identifies and
transmits to the Commissioner of U.S. Customs and Border
Protection the admissibility criteria and data elements
required by the agency to authorize the release of cargo by
U.S. Customs and Border Protection for incorporation into
the operational functionality of the Automated Commercial
Environment computer system authorized under section
13031(f)(4) of the Consolidated Omnibus Budget and
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)); and
``(iv) not later than December 31, 2016, utilizes the
ITDS as the primary means of receiving from users the
standard set of data and other relevant documentation,
exclusive of applications for permits, licenses, or
certifications required for the release of imported cargo
and clearance of cargo for export.
``(B) Rule of construction.--Nothing in this paragraph
shall be construed to require any action to be taken that would
compromise an ongoing law enforcement investigation or would
compromise national security.''; and
(3) in paragraph (8), as redesignated, by striking ``section
9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C.
2071 note)'' and inserting ``section 109 of the Trade Facilitation
and Trade Enforcement Act of 2015''.

95bcd33af45292f6921ed1b4f7d0d818d4385ba6d29033499b209744b039cf74

ARRANGEMENTS.
(a) Consultations.--The Secretary of Homeland Security, with
respect to any proposed mutual recognition arrangement or similar
agreement between the United States and a foreign government providing
for mutual recognition of supply chain security programs and customs
revenue functions, shall consult with the appropriate congressional
committees--
(1) not later than 30 days before initiating negotiations to
enter into any such arrangement or similar agreement; and
(2) not later than 30 days before entering into any such
arrangement or similar agreement.
(b) Negotiating Objective.--It shall be a negotiating objective of
the United States in any negotiation for a mutual recognition
arrangement or similar agreement with a foreign country on partnership
programs, such as the Customs-Trade Partnership Against Terrorism
established under subtitle B of title II of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), to
seek to ensure the compatibility of the partnership programs of that
country with the partnership programs of U.S. Customs and Border
Protection to enhance security, trade facilitation, and trade
enforcement.

2c0ab2b911109772d7a96ec07e956c81e03dc91457bf51c7f6705aeb705bbf40

(a) Establishment.--Not later than the date that is 60 days after
the date of the enactment of this Act, the Secretary of the Treasury
and the Secretary of Homeland Security shall jointly establish a
Commercial Customs Operations Advisory Committee (in this section
referred to as the ``Advisory Committee'').
(b) Membership.--
(1) In general.--The Advisory Committee shall be comprised of--
(A) 20 individuals appointed under paragraph (2);
(B) the Assistant Secretary for Tax Policy of the
Department of the Treasury and the Commissioner, who shall
jointly co-chair meetings of the Advisory Committee; and
(C) the Assistant Secretary for Policy and the Director of
U.S. Immigration and Customs Enforcement, who shall serve as
deputy co-chairs of meetings of the Advisory Committee.
(2) Appointment.--
(A) In general.--The Secretary of the Treasury and the
Secretary of Homeland Security shall jointly appoint 20
individuals from the private sector to the Advisory Committee.
(B) Requirements.--In making appointments under
subparagraph (A), the Secretary of the Treasury and the
Secretary of Homeland Security shall appoint members--
(i) to ensure that the membership of the Advisory
Committee is representative of the individuals and firms
affected by the commercial operations of U.S. Customs and
Border Protection; and
(ii) without regard to political affiliation.
(C) Terms.--Each individual appointed to the Advisory
Committee under this paragraph shall be appointed for a term of
not more than 3 years, and may be reappointed to subsequent
terms, but may not serve more than 2 terms sequentially.
(3) Transfer of membership.--The Secretary of the Treasury and
the Secretary of Homeland Security may transfer members serving on
the Advisory Committee on Commercial Operations of the United
States Customs Service established under section 9503(c) of the
Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) on
the day before the date of the enactment of this Act to the
Advisory Committee 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 involving the commercial
operations of U.S. Customs and Border Protection, including
advising with respect to significant changes that are proposed with
respect to regulations, policies, or practices of U.S. Customs 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 Advisory 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.--Notwithstanding section 10(f) of the Federal
Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall
meet at the call of the Secretary of the Treasury and the Secretary of
Homeland Security, or at the call of not less than \2/3\ of the
membership of the Advisory Committee. The Advisory Committee shall meet
at least 4 times each calendar year.
(e) Annual Report.--Not later than December 31, 2016, and annually
thereafter, the Advisory Committee shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives a report that--
(1) describes the activities of the Advisory Committee during
the preceding fiscal year; and
(2) sets forth any recommendations of the Advisory 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 termination of advisory
committees) shall not apply to the Advisory Committee.
(g) Conforming Amendment.--
(1) In general.--Effective on the date on which the Advisory
Committee is established under subsection (a), section 9503(c) of
the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note)
is repealed.
(2) Reference.--Any reference in law to the Advisory Committee
on Commercial Operations of the United States Customs Service
established under section 9503(c) of the Omnibus Budget
Reconciliation Act of 1987 (19 U.S.C. 2071 note) made on or after
the date on which the Advisory Committee is established under
subsection (a), shall be deemed a reference to the Commercial
Customs Operations Advisory Committee established under subsection
(a).

fcc5f40853cbdd02f7b0ca246f2bb75bd89eb7604c7633b29afdf44fcb66ab11

(a) In General.--The Commissioner shall, in consultation with the
appropriate congressional committees and the Commercial Customs
Operations Advisory Committee established under section 109, develop
and implement Centers of Excellence and Expertise throughout U.S.
Customs and Border Protection that--
(1) enhance the economic competitiveness of the United States
by consistently enforcing the laws and regulations of the United
States at all ports of entry of the United States and by
facilitating the flow of legitimate trade through increasing
industry-based knowledge;
(2) improve enforcement efforts, including enforcement of
priority trade issues described in section 117, in specific
industry sectors through the application of targeting information
from the National Targeting Center under section 111 and from other
means of verification;
(3) build upon the expertise of U.S. Customs and Border
Protection in particular industry operations, supply chains, and
compliance requirements;
(4) promote the uniform implementation at each port of entry of
the United States of policies and regulations relating to imports;
(5) centralize the trade enforcement and trade facilitation
efforts of U.S. Customs and Border Protection;
(6) formalize an account-based approach to apply, as the
Commissioner determines appropriate, to the importation of
merchandise into the United States;
(7) foster partnerships though the expansion of trade programs
and other trusted partner programs;
(8) develop applicable performance measurements to meet
internal efficiency and effectiveness goals; and
(9) whenever feasible, facilitate a more efficient flow of
information between Federal agencies.
(b) Report.--Not later than December 31, 2016, the Commissioner
shall submit to the appropriate congressional committees a report
describing--
(1) the scope, functions, and structure of each Center of
Excellence and Expertise developed and implemented under subsection
(a);
(2) the effectiveness of each such Center of Excellence and
Expertise in improving enforcement efforts, including enforcement
of priority trade issues described in section 117, and facilitating
legitimate trade;
(3) the quantitative and qualitative benefits of each such
Center of Excellence and Expertise to the trade community,
including through fostering partnerships through the expansion of
trade programs such as the Importer Self Assessment 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 respect to meeting internal efficiency and
effectiveness goals;
(5) the performance of each such Center of Excellence and
Expertise in increasing the accuracy and completeness of data with
respect to international trade and facilitating a more efficient
flow of information between Federal agencies; and
(6) any planned changes in the number, scope, functions, or any
other aspect of the Centers of Excellence and Expertise developed
and implemented under subsection (a).

e34a84c32879422c134a3090f5f82d1905dd42899dbb5de5e43e8a3fc0469907

(a) Commercial Risk Assessment Targeting.--In carrying out its
duties under section 411(g)(4) of the Homeland Security Act of 2002, as
added by section 802(a) of this Act, the National Targeting Center, in
coordination with the Office of Trade established under section 4 of
the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et
seq.), as added by section 802(h) of this Act, as appropriate, shall--
(1) establish targeted risk assessment methodologies and
standards--
(A) for evaluating the risk that cargo destined for the
United States may violate the customs and trade laws of the
United States, particularly those laws applicable to
merchandise subject to the priority trade issues described in
section 117; and
(B) for issuing, as appropriate, Trade Alerts described in
subsection (b);
(2) to the extent practicable and otherwise authorized by law,
use, to administer the methodologies and standards established
under paragraph (1)--
(A) publicly available information;
(B) information available from the Automated Commercial
System, the Automated Commercial Environment, the Automated
Targeting System, the Automated Export System, the
International Trade Data System established under section
411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)), the TECS
(formerly known as the ``Treasury Enforcement Communications
System''), the case management system of U.S. Immigration and
Customs Enforcement, and any successor systems; and
(C) information made available to the National Targeting
Center, including information provided by private sector
entities;
(3) provide for the receipt and transmission to the appropriate
U.S. Customs and Border Protection offices of allegations from
interested parties in the private sector of violations of customs
and trade laws of the United States with respect to merchandise
relating to the priority trade issues described in section 117; and
(4) notify, on a timely basis, each interested party in the
private sector that has submitted an allegation of any violation of
the customs and trade laws of the United States of any civil or
criminal actions taken by U.S. Customs and Border Protection or any
other Federal agency resulting from the allegation.
(b) Trade Alerts.--
(1) Issuance.--In carrying out its duties under section
411(g)(4) of the Homeland Security Act of 2002, as added by section
802(a) of this Act, and based upon the application of the targeted
risk assessment methodologies and standards established under
subsection (a), the Executive Director of the National Targeting
Center may issue Trade Alerts to directors of United States ports
of entry directing further inspection, or physical examination or
testing, of specific merchandise to ensure compliance with all
applicable customs and trade laws of the United States and
regulations administered by U.S. Customs and Border Protection.
(2) Determinations not to implement trade alerts.--The director
of a United States port of entry may determine not to conduct
further inspections, or physical examination or testing, pursuant
to a Trade Alert issued under paragraph (1) if the director--
(A) finds that such a determination is justified by port
security interests; and
(B) not later than 48 hours after making the determination,
notifies the Assistant Commissioner of the Office of Field
Operations of U.S. Customs and Border Protection of the
determination and the reasons for the determination.
(3) Summary of determinations not to implement.--The Assistant
Commissioner of the Office of Field Operations of U.S. Customs and
Border Protection shall--
(A) compile an annual summary of all determinations by
directors of United States ports of entry under paragraph (2)
and the reasons for those determinations;
(B) conduct an evaluation of the utilization of Trade
Alerts issued under paragraph (1); and
(C) not later than December 31 of each calendar year,
submit the summary to the appropriate congressional committees.
(4) Inspection defined.--In this subsection, the term
``inspection'' means the comprehensive evaluation process used by
U.S. Customs and Border Protection, other than physical examination
or testing, to permit the entry of merchandise into the United
States, or the clearance of merchandise for transportation in bond
through the United States, for purposes of--
(A) assessing duties;
(B) identifying restricted or prohibited items; and
(C) ensuring compliance with all applicable customs and
trade laws of the United States and regulations administered by
U.S. Customs and Border Protection.
(c) Use of Trade Data for Commercial Enforcement 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 ensuring cargo safety and
security, preventing smuggling, and commercial risk assessment
targeting, and shall not be used for any commercial enforcement
purposes, including for determining merchandise entry.
Notwithstanding the preceding sentence, nothing in this section
shall be treated as amending, repealing, or otherwise modifying
title IV of the Tariff Act of 1930 or regulations promulgated
thereunder.''.

4df04ad38219a5c7a0d22ffdcbd499df23c5b4d97991085e2baa2d625c9a9c0f

MEASURES.
(a) In General.--Not later than June 30, 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
Representatives a report assessing, with respect to the period covered
by the report, as specified in subsection (b), the following:
(1) The effectiveness of the measures taken by U.S. Customs and
Border Protection with respect to protection of revenue,
including--
(A) the collection of countervailing duties assessed under
subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.) and antidumping duties assessed under subtitle B
of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et
seq.);
(B) the assessment, collection, and mitigation of
commercial fines and penalties;
(C) the use of bonds, including continuous and single
transaction bonds, to secure that revenue; and
(D) the adequacy of the policies of U.S. Customs and Border
Protection with respect to the monitoring and tracking of
merchandise transported in bond and collecting duties, as
appropriate.
(2) The effectiveness of actions taken by U.S. Customs and
Border Protection to measure accountability and 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 required by subsection
(a) shall cover the period of 2 fiscal years ending on September 30 of
the calendar year preceding the submission of the report.

5c8d1dc58201a3e5fbf97504525aeee31a7dc1a9f8e91213afaaca08ea4e9a09

MERCHANDISE TRANSPORTED IN BOND.
(a) In General.--Not later than December 31 of 2016, 2017, and
2018, the Secretary of Homeland Security and the Secretary of the
Treasury shall jointly submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives a
report on efforts undertaken by U.S. Customs and Border Protection to
ensure the secure transportation of merchandise in bond through the
United States and the collection of revenue owed upon the entry of such
merchandise into the United States for consumption.
(b) Elements.--Each report required by subsection (a) shall
include, for the fiscal year preceding the submission of the report,
information on--
(1) the overall number of entries of merchandise for
transportation in bond through the United States;
(2) the ports at which merchandise arrives in the United States
for transportation in bond and at which records of the arrival of
such merchandise are generated;
(3) the average time taken to reconcile such records with the
records at the final destination of the merchandise in the United
States to demonstrate that the merchandise reaches its final
destination or is re-exported;
(4) the average time taken to transport merchandise in bond
from the port at which the merchandise arrives in the United States
to its final destination in the United States;
(5) the total amount of duties, taxes, and fees owed with
respect to shipments of merchandise transported in bond and the
total amount of such duties, taxes, and fees paid;
(6) the total number of notifications by carriers of
merchandise being transported in bond that the destination of the
merchandise has changed; and
(7) the number of entries that remain unreconciled.

c90e271700085978f324830f50136bb48cf58b2fa2804ae973bee47df24153c3

(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--
(1) develops criteria that importers must meet in order to
obtain an importer of record number, including--
(A) criteria to ensure sufficient information is collected
to allow U.S. Customs and Border Protection to verify the
existence of the importer requesting the importer of record
number;
(B) criteria to ensure sufficient information is collected
to allow U.S. Customs and Border Protection to identify
linkages or other affiliations between importers that are
requesting or have been assigned importer of record 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 assigned importer
of record numbers;
(3) maintains a centralized database of importer of record
numbers, including a history of importer of record numbers
associated with each importer, and the information described in
subparagraphs (A), (B), and (C) of paragraph (1);
(4) evaluates and maintains the accuracy of the database if
such information changes; and
(5) takes measures to ensure that duplicate importer of record
numbers are not issued.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives a report on the importer of record program
established under subsection (a).
(d) Number Defined.--In this section, the term ``number'', with
respect to an importer of record, means a filing identification number
described in section 24.5 of title 19, Code of Federal Regulations (or
any corresponding similar regulation) that fully supports the
requirements of subsection (b) with respect to the collection and
maintenance of information.

22a5d868373929d83faac2cf6ef28e889dda8f9ca2e13b00ed9c044993e30027

(a) In General.--Not later than the date that is 180 days after the
date of the enactment of this Act, the Commissioner shall establish a
program that directs U.S. Customs and Border Protection to adjust bond
amounts for importers, including new importers and nonresident
importers, based on risk assessments of such importers conducted by
U.S. Customs and Border Protection, in order to protect the revenue of
the Federal Government.
(b) Requirements.--The Commissioner shall ensure that, as part of
the program established under subsection (a), U.S. Customs and Border
Protection--
(1) develops risk assessment guidelines for importers,
including new importers and nonresident importers, to determine if
and to what extent--
(A) to adjust bond amounts of imported products of such
importers; and
(B) to increase screening of imported products of such
importers;
(2) develops procedures to ensure increased oversight of
imported products of new importers, including nonresident
importers, relating to the enforcement of the priority trade issues
described in section 117;
(3) develops procedures to ensure increased oversight of
imported products of new importers, including new nonresident
importers, by Centers of Excellence and Expertise established under
section 110; and
(4) establishes a centralized database of new importers,
including new nonresident importers, to ensure accuracy of
information that is required to be provided by such importers to
U.S. Customs and Border Protection.
(c) Exclusion of Certain Importers.--This section shall not apply
to an importer that is a validated Tier 2 or Tier 3 participant in the
Customs-Trade Partnership Against Terrorism program established under
subtitle B of title II of the Security and Accountability for Every
Port Act of 2006 (6 U.S.C. 961 et seq.).
(d) Report.--Not later than the date that is 2 years after the date
of the enactment of this Act, the Inspector General of the Department
of the Treasury shall submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives a
report detailing--
(1) the risk assessment guidelines developed under subsection
(b)(1);
(2) the procedures developed under subsection (b)(2) to ensure
increased oversight of imported products of new importers,
including new nonresident importers, relating to the enforcement of
priority trade issues described in section 117;
(3) the procedures developed under subsection (b)(3) to ensure
increased oversight of imported products of new importers,
including new nonresident importers, by Centers of Excellence and
Expertise established under section 110; and
(4) the number of bonds adjusted based on the risk assessment
guidelines developed under subsection (b)(1).
(e) Definitions.--In this section:
(1) Importer.--The term ``importer'' means one of the parties
qualifying as an importer of record under section 484(a)(2)(B) of
the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)).
(2) Nonresident importer.--The term ``nonresident importer''
means an importer who is--
(A) an individual who is not a citizen of the United States
or an alien lawfully admitted for permanent residence in the
United States; or
(B) a partnership, corporation, or other commercial entity
that is not organized under the laws of a jurisdiction within
the customs territory of the United States (as such term is
defined in General Note 2 of the Harmonized Tariff Schedule of
the United States) or in the Virgin Islands of the United
States.

8144e5a9fb2316b472098716ef7e1c46b87268a0848b147ab5f81d3d469c0728

(a) In General.--Section 641 of the Tariff Act of 1930 (19 U.S.C.
1641) is amended by adding at the end the following:
``(i) Identification of Importers.--
``(1) In general.--The Secretary shall prescribe regulations
setting forth the minimum standards for customs brokers and
importers, including nonresident importers, regarding the identity
of the importer that shall apply in connection with the importation
of merchandise into the United States.
``(2) Minimum requirements.--The regulations required under
paragraph (1) shall, at a minimum--
``(A) identify the information that an importer, including
a nonresident importer, is required to submit to a broker and
that a broker is required to collect in order to verify the
identity of the importer;
``(B) identify reasonable procedures that a broker is
required to follow in order to verify the authenticity of
information collected from an importer; and
``(C) require a broker to maintain records of the
information collected by the broker to verify the identity of
an importer.
``(3) Penalties.--Any customs broker who fails to collect
information required under the regulations prescribed under this
subsection shall be liable to the United States, at the discretion
of the Secretary, for a monetary penalty not to exceed $10,000 for
each violation of those regulations and shall be subject to
revocation or suspension of a license or permit of the customs
broker pursuant to the procedures set forth in subsection (d). This
penalty shall be assessed in the same manner and under the same
procedures as the monetary penalties provided for in subsection
(d)(2)(A).
``(4) Definitions.--In this subsection:
``(A) Importer.--The term `importer' means one of the
parties qualifying as an importer of record under section
484(a)(2)(B).
``(B) Nonresident importer.--The term `nonresident
importer' means an importer who is--
``(i) an individual who is not a citizen of the United
States or an alien lawfully admitted for permanent
residence in the United States; or
``(ii) a partnership, corporation, or other commercial
entity that is not organized under the laws of a
jurisdiction within the customs territory of the United
States (as such term is defined in General Note 2 of the
Harmonized Tariff Schedule of the United States) or in the
Virgin Islands of the United States.''.
(b) Study and Report Required.--Not later than the date that is 180
days after the date of the enactment of this Act, the Commissioner
shall submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a report
containing recommendations for--
(1) determining the most timely and effective way to require
foreign nationals to provide customs brokers with appropriate and
accurate information, comparable to that which is required of
United States nationals, concerning the identity, address, and
other related information relating to such foreign nationals
necessary to enable customs brokers to comply with the requirements
of section 641(i) of the Tariff Act of 1930 (as added by subsection
(a) of this section); and
(2) establishing a system for customs brokers to review
information maintained by relevant Federal agencies for purposes of
verifying the identities of importers, including nonresident
importers, seeking to import merchandise into the United States.

3d6a8af56d640acacc46998d1c632dbc091fcb495369daa36f2c50eab2506376

(a) In General.--The Commissioner shall establish the following as
priority trade issues:
(1) Agriculture programs.
(2) Antidumping and countervailing duties.
(3) Import safety.
(4) Intellectual property rights.
(5) Revenue.
(6) Textiles and wearing apparel.
(7) Trade agreements and preference programs.
(b) Modification.--The Commissioner is authorized to establish new
priority trade issues and eliminate, consolidate, or otherwise modify
the priority trade issues described in subsection (a) if the
Commissioner--
(1) determines it necessary and appropriate to do so; and
(2)(A) in the case of new priority trade issues, submits to the
appropriate congressional committees a summary of proposals to
establish such new priority trade issues not later than 30 days
after such new priority trade issues are to take effect; and
(B) in the case of existing priority trade issues, submits to
the appropriate congressional committees a summary of proposals to
eliminate, consolidate, or otherwise modify such existing priority
trade issues not later than 60 days before such changes are to take
effect.

58d52af11ed5b1c698e7ea5ae5c6b453b7ae7829becb6179588932a81fa9ef9e

In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Finance and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(2) the Committee on Ways and Means and the Committee on
Homeland Security of the House of Representatives.

fba4ef8d151752b16aef4d9015d08143cc5204cfe6904d4f983c83fe9ca8b2f4

(a) Establishment.--There is established an interagency Import
Safety Working Group.
(b) Membership.--The interagency Import Safety Working Group shall
consist of the following officials or their designees:
(1) The Secretary of Homeland Security, who shall serve as the
Chair.
(2) The Secretary of Health and Human Services, who shall serve
as the Vice Chair.
(3) The Secretary of the Treasury.
(4) The Secretary of Commerce.
(5) The Secretary of Agriculture.
(6) The United States Trade Representative.
(7) The Director of the Office of Management and Budget.
(8) The Commissioner of Food and Drugs.
(9) The Commissioner of U.S. Customs and Border Protection.
(10) The Chairman of the Consumer Product Safety Commission.
(11) The Director of U.S. Immigration and Customs Enforcement.
(12) The head of any other Federal agency designated by the
President to participate in the interagency Import Safety Working
Group, as appropriate.
(c) Duties.--The duties of the interagency Import Safety Working
Group shall include--
(1) consulting on the development of the joint import safety
rapid response plan required by section 202;
(2) periodically evaluating the adequacy of the plans,
practices, and resources of the Federal Government dedicated to
ensuring the safety of merchandise imported into the United States
and the expeditious entry of such merchandise, including--
(A) minimizing the duplication of efforts among Federal
agencies the heads of which are members of the interagency
Import Safety Working Group and ensuring the compatibility of
the policies and regulations of those agencies; and
(B) recommending additional administrative 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 facilitating the
inspection and certification, as appropriate, of such merchandise
to be imported into the United States and the facilities producing
such merchandise 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 facilities in foreign
countries;
(B) the inspection of merchandise destined for the United
States before exportation from a foreign country or before
distribution in the United States; and
(C) the protection of the international supply chain (as
defined in section 2 of the Security and Accountability For
Every Port Act of 2006 (6 U.S.C. 901));
(5) identifying best practices to assist Federal, State, and
local governments and agencies, and port authorities, to improve
communication and coordination among such agencies and authorities
with respect to ensuring the safety of merchandise imported into
the United States and the expeditious entry of such merchandise;
and
(6) otherwise identifying appropriate steps to increase the
accountability of United States importers and the engagement of
foreign government agencies with respect to ensuring the safety of
merchandise imported into the United States and the expeditious
entry of such merchandise.

c91ee7770ff91df5e890ba020ec74329705d259e18d0c345bc5ee3fe696cd850

TITLE II

-IMPORT HEALTH AND SAFETY

(a) In General.--Not later than December 31, 2016, the Secretary of
Homeland Security, in consultation with the interagency Import Safety
Working Group established under section 201, shall develop a plan (to
be known as the ``joint import safety rapid response plan'') that sets
forth protocols and defines practices for U.S. Customs and Border
Protection to use--
(1) in taking action in response to, and coordinating Federal
responses to, an incident in which cargo destined for or
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 response plan shall
address--
(1) the statutory and regulatory authorities and
responsibilities of U.S. Customs and Border Protection and other
Federal agencies in responding to an incident described in
subsection (a)(1);
(2) the protocols and practices to be used by U.S. Customs and
Border Protection when taking action in response to, and
coordinating Federal responses to, such an incident;
(3) the measures to be taken by U.S. Customs and Border
Protection and other Federal agencies in recovering from or
mitigating the effects of actions taken in response to such an
incident after the incident to ensure the resumption of the entry
of merchandise into the United States; and
(4) exercises that U.S. Customs and Border Protection may
conduct in conjunction with Federal, State, and local agencies, and
private sector entities, to simulate responses to such an incident.
(c) Updates of Plan.--The Secretary of Homeland Security shall
review and update the joint import safety rapid response plan, as
appropriate, after conducting exercises under subsection (d).
(d) Import Health and Safety Exercises.--
(1) In general.--The Secretary of Homeland Security and the
Commissioner shall periodically engage in the exercises referred to
in subsection (b)(4), in conjunction with Federal, State, and local
agencies and private sector entities, as 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 conducting 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 locations across the United
States;
(B) base evaluations on current risk assessments of
merchandise entering the United States at representative United
States ports of entry located across the United States;
(C) ensure that such exercises are conducted in a manner
consistent with the National Incident Management System, the
National Response Plan, the National Infrastructure Protection
Plan, the National Preparedness Guidelines, the Maritime
Transportation System Security Plan, and other such national
initiatives of the Department of Homeland Security, as
appropriate; and
(D) develop metrics with respect to the resumption of the
entry of merchandise into the United States after an incident
described in subsection (a)(1).
(3) Requirements for testing and evaluation.--The Secretary and
the Commissioner shall ensure that the testing and evaluation
carried out in conducting exercises under 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 Commissioner shall--
(A) share the recommendations or best practices identified
under paragraph (3)(B) among the members of the interagency
Import Safety Working Group established under section 201 and
with, as appropriate--
(i) State, local, and tribal governments;
(ii) foreign governments; and
(iii) private sector entities; and
(B) use such recommendations and best practices to update
the joint import safety rapid response plan.

bcf7ed7c16205518be78116c1a485339f7d56e67828a589bb8a06c43f5d2c42d

The Commissioner shall ensure that personnel of U.S. Customs and
Border Protection assigned to United States ports of entry are trained
to effectively administer the provisions of this title and to otherwise
assist in ensuring the safety of merchandise imported into the United
States and the expeditious entry of such merchandise.

4f0052f30d10bf098827cb4f948fb60a823d6b11a7cb0e848fdcf25c7e08b147

In this title, the term ``intellectual property rights'' refers to
copyrights, trademarks, and other forms of intellectual property rights
that are enforced by U.S. Customs and Border Protection or U.S.
Immigration and Customs Enforcement.

80e8bed1be3f7bc1a325300646ed0b4687260e4bb12efcaff070bc10fed58134

(a) In General.--The Tariff Act of 1930 is amended by inserting
after section 628 (19 U.S.C. 1628) the following new section:
``SEC. 628A. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT.
``(a) In General.--Subject to subsections (c) and (d), if the
Commissioner of U.S. Customs and Border Protection suspects that
merchandise is being imported into the United States in violation of
section 526 of this Act or section 602, 1201(a)(2), or 1201(b)(1) of
title 17, United States Code, and determines that the examination or
testing of the merchandise by a person described in subsection (b)
would assist the Commissioner in determining if the 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 merchandise and its packaging and labels; and
``(2) may, subject to any applicable bonding requirements,
provide to the person unredacted samples of the merchandise.
``(b) Person Described.--A person described in this subsection is--
``(1) in the case of merchandise suspected of being imported in
violation of section 526, the owner of the trademark suspected of
being copied or simulated by the merchandise;
``(2) in the case of merchandise suspected of being imported in
violation of section 602 of title 17, United States Code, the owner
of the copyright suspected of being infringed by the merchandise;
``(3) in the case of merchandise suspected of being primarily
designed or produced for the purpose of circumventing a
technological measure that effectively controls access to a work
protected under that title, and being imported in violation of
section 1201(a)(2) of that title, the owner of a copyright in the
work; and
``(4) in the case of merchandise suspected of being primarily
designed or produced for the purpose of circumventing protection
afforded by a technological 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 provide under subsection
(a) information, photographs, or samples to a person described in
subsection (b) if providing such information, photographs, or samples
would compromise an ongoing law enforcement investigation or national
security.''.
(b) Termination of Previous Authority.--Notwithstanding paragraph
(2) of section 818(g) of the National Defense Authorization Act for
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1496; 10 U.S.C. 2302
note), paragraph (1) of that section shall have no force or effect on
or after the date of the enactment of this Act.

52d1aa051520b5f90afd1ed7b3a02dec98af893e89f6c3ebafa0a8bdd804088c

(a) In General.--Section 596(c)(2) of the Tariff Act of 1930 (19
U.S.C. 1595a(c)(2)) is amended--
(1) in subparagraph (E), by striking ``or'';
(2) in subparagraph (F), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(G) U.S. Customs and Border Protection determines it is a
technology, product, service, device, component, or part
thereof the importation of which is prohibited under subsection
(a)(2) or (b)(1) of section 1201 of title 17, United States
Code.''.
(b) Notification of Persons Injured.--
(1) In general.--Not later than the date that is 30 business
days after seizing merchandise pursuant to subparagraph (G) of
section 596(c)(2) of the Tariff Act of 1930, as added by subsection
(a), the Commissioner shall provide to any person identified under
paragraph (2) information regarding the merchandise seized that is
equivalent to information provided to copyright owners under
regulations of U.S. Customs and Border Protection for merchandise
seized for violation of the copyright laws.
(2) Persons to be provided information.--Any person injured by
the violation of subsection (a)(2) or (b)(1) of section 1201 of
title 17, United States Code, that resulted in the seizure of the
merchandise shall be provided information under paragraph (1), if
that person is included on a list to be established and maintained
by the Commissioner. The Commissioner shall publish notice of the
establishment of and revisions to the list in the Federal Register.
(3) Regulations.--Not later than the date that is one year
after the date of the enactment of this Act, the Secretary of the
Treasury shall prescribe regulations establishing procedures that
implement this subsection.

e7716b63a80e49ae424fa90a95432d7356eafa260a5231ebe7625d696df10d0c

WORKS FOR WHICH COPYRIGHT REGISTRATION IS PENDING.
Not later than the date that is 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
authorize a process pursuant to which the Commissioner shall enforce a
copyright for which the owner has submitted an application for
registration under title 17, United States Code, with the United States
Copyright Office, to the same extent and in the same manner as if the
copyright were registered with the Copyright Office, including by
sharing information, images, and samples of merchandise suspected of
infringing the copyright under section 628A of the Tariff Act of 1930,
as added by section 302.

c98cf4c43e54ca4882f4c677ffe13d3736a28eb446ab5fdb7017993ddf87e57f

CENTER.
(a) Establishment.--The Secretary of Homeland Security shall--
(1) establish within U.S. Immigration and Customs Enforcement a
National Intellectual Property Rights Coordination Center; and
(2) appoint an Assistant Director to head the National
Intellectual Property Rights Coordination Center.
(b) Duties.--The Assistant Director of the National Intellectual
Property Rights Coordination Center shall--
(1) coordinate the investigation of sources of merchandise that
infringe intellectual property rights to identify organizations and
individuals that produce, smuggle, or distribute such merchandise;
(2) conduct and coordinate training with other domestic and
international law enforcement agencies on investigative best
practices--
(A) to develop and expand the capability of such agencies
to enforce intellectual property rights; and
(B) to develop metrics to assess whether the training
improved enforcement of intellectual property rights;
(3) coordinate, with U.S. Customs and Border Protection,
activities conducted by the United States to prevent the
importation or exportation of merchandise that infringes
intellectual property rights;
(4) support the international interdiction of merchandise
destined for the United States that infringes intellectual property
rights;
(5) collect and integrate information regarding infringement of
intellectual property rights from domestic and international law
enforcement agencies and other non-Federal sources;
(6) develop a means to receive and organize information
regarding infringement of intellectual property rights from such
agencies and other sources;
(7) disseminate information regarding infringement of
intellectual property rights to other Federal agencies, as
appropriate;
(8) develop and implement risk-based alert systems, in
coordination with U.S. Customs and Border Protection, to improve
the targeting of persons that repeatedly infringe intellectual
property rights;
(9) coordinate with the offices of United States attorneys in
order to develop expertise in, and assist with the investigation
and prosecution of, crimes relating 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 carrying out the duties
described in subsection (b), the Assistant Director of the National
Intellectual Property Rights Coordination Center shall coordinate
with--
(1) U.S. Customs and Border Protection;
(2) the Food and Drug Administration;
(3) the Department of Justice;
(4) the Department of Commerce, including the United States
Patent and Trademark Office;
(5) the United States Postal Inspection Service;
(6) the Office of the United States Trade Representative;
(7) any Federal, State, local, or international law enforcement
agencies that the Director of U.S. Immigration and Customs
Enforcement considers appropriate; 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 Protection and other Federal agencies to
conduct outreach to private sector entities in order to determine
trends in and methods of infringing intellectual property rights.
(2) Information sharing.--The Assistant Director shall share
information and best practices with respect to the 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.

09ea54e9044ee3513813a5c65b74a34a86d9a18ba7a1a0e4ecd15de9c92d2161

PROPERTY RIGHTS.
The Commissioner and the Director of U.S. Immigration and Customs
Enforcement shall include in the joint strategic plan required by
section 105--
(1) a description of the efforts of the Department of 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
during the most recent 2-year period for which data are available;
and
(3) a recommendation for the optimal allocation of personnel,
resources, and technology to ensure that U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement are
adequately enforcing intellectual property rights.

15189209494931b04cc3ca0d007f030a9c9ca4a360f22650aa640451b4bebd20

PROPERTY RIGHTS.
(a) Personnel of U.S. Customs and Border Protection.--The
Commissioner and the Director of U.S. Immigration and Customs
Enforcement shall ensure that sufficient personnel are assigned
throughout U.S. Customs and Border Protection and U.S. Immigration and
Customs Enforcement, respectively, who have responsibility for
preventing the importation into the United States of merchandise 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 National Intellectual Property Rights
Coordination Center established under section 305; and
(2) ensure that sufficient personnel are assigned to United
States ports of entry to carry out the directives of the Center.

4d5df5d249e61c73ff9db8d2e2b153336016797075de33179946ac02f6695d96

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 respect to training for officers of U.S. Customs and
Border Protection in enforcing intellectual property rights.
(c) Identification of New Technologies.--In consultation with
private sector entities, the Commissioner shall identify--
(1) technologies with the cost-effective 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 technologies.
(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 enable U.S. Customs and Border
Protection to receive donations of hardware, software, equipment, and
similar technologies, and to accept training and other support
services, from private sector entities, for the purpose of enforcing
intellectual property rights.

e3cf66115ae6f33c47fc1c156ac3b47e52a5ba5f2f2b923b417dd689013e9851

(a) Cooperation.--The Secretary of Homeland Security shall
coordinate with the competent law enforcement and customs authorities
of foreign countries, including by sharing information relevant to
enforcement actions, to enhance the efforts of the United States and
such authorities to enforce intellectual property rights.
(b) Technical Assistance.--The Secretary of Homeland Security shall
provide technical assistance to competent law enforcement and customs
authorities of foreign countries to enhance the ability of such
authorities to enforce intellectual property rights.
(c) Interagency Collaboration.--The Commissioner and the Director
of U.S. Immigration and Customs Enforcement shall lead interagency
efforts to collaborate with law enforcement and customs authorities of
foreign countries to enforce intellectual property rights.

d32c83eee720708487f7a401c7bbcf8527179b54ca286be4e50be02c8c75cd65

Not later than September 30, 2016, and annually thereafter, the
Commissioner and the Director of U.S. Immigration and Customs
Enforcement shall jointly submit to the Committee on Finance of the
Senate, the Committee on Ways and Means of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committee on Homeland Security of the
House of Representatives a report that contains the following:
(1) With respect to the enforcement of intellectual property
rights, the following:
(A) The number of referrals, during the preceding year,
from U.S. Customs and Border Protection to U.S. Immigration and
Customs Enforcement relating to infringement of intellectual
property rights.
(B) The number of investigations relating to the
infringement of intellectual property rights referred by U.S.
Immigration and Customs Enforcement to a United States attorney
for prosecution and the United States attorneys to which those
investigations were referred.
(C) The number of such investigations accepted by each such
United States attorney and the status or outcome of each such
investigation.
(D) The number of such investigations that resulted in the
imposition of civil or criminal penalties.
(E) A description of the efforts of U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement to
improve the success rates of investigations and prosecutions
relating to the infringement of intellectual property rights.
(2) An estimate of the average time required by the Office of
Trade established under section 4 of the Act of March 3, 1927 (44
Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), as added by
section 802(h) of this Act, to respond to a request from port
personnel for advice with respect to whether merchandise 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. Immigration and Customs Enforcement with
respect to--
(A) the interdiction and investigation of, and the sharing
of information between those agencies and other Federal
agencies to prevent, the infringement of intellectual property
rights;
(B) collaboration with private sector entities--
(i) to identify trends in the infringement of, and
technologies that infringe, intellectual property rights;
(ii) to identify opportunities for enhanced training of
officers of U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement; and
(iii) to develop best practices to enforce intellectual
property rights; and
(C) coordination with foreign governments and 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 enforcement of
intellectual property rights conducted under section 308 and
expenditures for such training.

f8ec679c78c7df3026c6c39c9144803d29385cb778fe3197c9c58b96d245fbf0

INTELLECTUAL PROPERTY RIGHTS.
(a) In General.--The Secretary of Homeland Security shall develop
and carry out an educational campaign to inform travelers entering or
leaving the United States about the legal, economic, and public health
and safety implications of acquiring merchandise that infringes
intellectual property rights outside the United States and importing
such merchandise into the United States in violation of United States
law.
(b) Declaration Forms.--The Commissioner shall ensure that all
versions of Declaration Form 6059B of U.S. Customs and Border
Protection, or a successor form, including any electronic equivalent of
Declaration Form 6059B or a successor form, printed or displayed on or
after the date that is 30 days after the date of the enactment of this
Act include a written warning to inform travelers arriving in the
United States that importation of merchandise into the United States
that infringes intellectual property rights may subject travelers to
civil or criminal penalties and may pose serious risks to safety or
health.
ORDERS

80f5942d95176d99bebbf9b184342007f04215c61b0177a2a6cfeb10df9b19b4

This title may be cited as the ``Enforce and Protect Act of 2015''.

ed5e6950b2b2a4544d27adbd1d016e977571f3431fc1e07c823db4ed504f9afa

In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Finance and the Committee on
Appropriations of the Senate; and
(B) the Committee on Ways and Means and the Committee on
Appropriations of the House of Representatives.
(2) Covered merchandise.--The term ``covered merchandise''
means merchandise that is subject to--
(A) a countervailing duty order issued under section 706 of
the Tariff Act of 1930 (19 U.S.C. 1671e); or
(B) an antidumping duty order issued under section 736 of
the Tariff Act of 1930 (19 U.S.C. 1673e).
(3) Eligible small business.--
(A) In general.--The term ``eligible small business'' means
any business concern that, in the judgment of the Commissioner,
due to its small size, has neither adequate internal resources
nor financial ability to obtain qualified outside assistance in
preparing and submitting for consideration allegations of
evasion.
(B) Nonreviewability.--Any agency decision regarding
whether a business concern is an eligible small business for
purposes of section 411(b)(4)(E) is not reviewable by any other
agency or by any court.
(4) Enter; entry.--The terms ``enter'' and ``entry'' refer to
the entry, or withdrawal from warehouse for consumption, of
merchandise in the customs territory of the United States.
(5) Evade; evasion.--The terms ``evade'' and ``evasion'' refer
to entering covered merchandise into the customs territory of the
United States by means of any document or electronically
transmitted data or information, written or oral statement, or act
that is material and false, or any omission that is material, and
that results in any cash deposit or other security or any amount of
applicable antidumping or countervailing duties being reduced or
not being applied with respect to the merchandise.
(6) Secretary.--The term ``Secretary'' means the Secretary of
the Treasury.
(7) Trade remedy laws.--The term ``trade remedy laws'' means
title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.).

31eeb5d566f3424ca284e2742a473658b2dbd95ab441fe6f3ba63526ccf467b1

Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3438), this title and the amendments made
by this title shall apply with respect to goods from Canada and Mexico.
Subtitle A--Actions Relating to Enforcement of Trade Remedy Laws

b6254f467e5aaaa20e020040eba00fece50b22bce451cc9c9f5aa9d352a5d1be

(a) Establishment.--
(1) In general.--The Secretary of Homeland Security shall
establish and maintain within the Office of Trade established under
section 4 of the Act of March 3, 1927 (44 Stat. 1381, chapter 348;
19 U.S.C. 2071 et seq.), as added by section 802(h) of this Act, a
Trade Remedy Law Enforcement Division.
(2) Composition.--The Trade Remedy Law Enforcement Division
shall be composed of--
(A) headquarters personnel led by a Director, who shall
report to the Executive Assistant Commissioner of the Office of
Trade; and
(B) a National Targeting and Analysis Group dedicated to
preventing and countering evasion.
(3) Duties.--The Trade Remedy Law Enforcement Division shall be
dedicated--
(A) to the development and administration of policies to
prevent and counter evasion, including policies relating to the
implementation of section 517 of the Tariff Act of 1930, as
added by section 421 of this Act;
(B) to direct enforcement and compliance assessment
activities concerning evasion;
(C) to the development and conduct of commercial risk
assessment targeting with respect to cargo destined for the
United States in accordance with subsection (c);
(D) to issuing Trade Alerts described in subsection (d);
and
(E) to the development of policies for the application of
single entry and continuous bonds for entries of covered
merchandise to sufficiently protect the collection of
antidumping and countervailing duties commensurate with the
level of risk of noncollection.
(b) Duties of Director.--The duties of the Director of the Trade
Remedy Law Enforcement Division shall include--
(1) directing the trade enforcement and compliance assessment
activities of U.S. Customs and Border Protection that concern
evasion;
(2) facilitating, promoting, and coordinating cooperation and
the exchange of information between U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, and other
relevant Federal agencies regarding evasion;
(3) notifying on a timely basis the administering authority (as
defined in section 771(1) of the Tariff Act of 1930 (19 U.S.C.
1677(1))) and the Commission (as defined in section 771(2) of the
Tariff Act of 1930 (19 U.S.C. 1677(2))) of any finding,
determination, civil action, or criminal action taken by U.S.
Customs and Border Protection or other Federal agency regarding
evasion;
(4) serving as the primary liaison between U.S. Customs and
Border Protection and the public regarding activities concerning
evasion, including activities relating to investigations conducted
under section 517 of the Tariff Act of 1930, as added by section
421 of this Act, which include--
(A) receiving allegations of evasion from parties,
including allegations described in section 517(b)(2) of the
Tariff Act of 1930, as so added;
(B) upon request by the party or parties that submitted
such an allegation of evasion, providing information to such
party or parties on the status of U.S. Customs and Border
Protection's consideration of the allegation and decision to
pursue or not pursue any administrative inquiries or other
actions, such as changes in policies, procedures, or resource
allocation as a result of the allegation;
(C) as needed, requesting from the party or parties that
submitted such an allegation of evasion any additional
information that may be relevant for U.S. Customs and Border
Protection determining whether to initiate an administrative
inquiry or take any other action regarding the allegation;
(D) notifying on a timely basis the party or parties that
submitted such an allegation of the results of any
administrative, civil, or criminal actions taken by U.S.
Customs and Border Protection or other Federal agency regarding
evasion as a direct or indirect result of the allegation;
(E) upon request, providing technical assistance and advice
to eligible small businesses to enable such businesses to
prepare and submit such an allegation of evasion, except that
the Director may deny technical 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 Committee established under section 109,
the Trade Support Network, and any other relevant parties and
organizations, developing guidelines on the types and nature of
information that may be provided in such an allegation of
evasion; and
(G) consulting regularly with the public, the Commercial
Customs Operations Advisory Committee, the Trade Support
Network, and any other relevant parties and organizations
regarding the development and implementation of regulations,
interpretations, and policies related to countering evasion.
(c) Preventing and Countering Evasion of the Trade Remedy Laws.--In
carrying out its duties with respect to preventing and countering
evasion, the National Targeting and Analysis Group dedicated to
preventing and countering evasion shall--
(1) establish targeted risk assessment methodologies and
standards--
(A) for evaluating the risk that cargo destined for the
United States may constitute evading covered merchandise; and
(B) for issuing, as appropriate, Trade Alerts described in
subsection (d); and
(2) to the extent practicable and otherwise authorized by law,
use information available from the Automated Commercial System, the
Automated Commercial Environment, the Automated Targeting System,
the Automated Export System, the International Trade Data System
established under section 411(d) of the Tariff Act of 1930 (19
U.S.C. 1411(d)), and the TECS (formerly known as the ``Treasury
Enforcement Communications System''), and any similar and successor
systems, to administer the methodologies and standards established
under paragraph (1).
(d) Trade Alerts.--Based upon the application of the targeted risk
assessment methodologies and standards established under subsection
(c), the Director of the Trade Remedy Law Enforcement Division shall
issue Trade Alerts or other such means of notification to directors of
United States ports of entry directing further inspection, physical
examination, or testing of merchandise to ensure compliance with the
trade remedy laws and to require additional bonds, cash deposits, or
other security to ensure collection of any duties, taxes, and fees
owed.

13c142c511707c06a589727e6340cacfe6aa775856a28d274dbee97383a48be5

LAWS.
(a) Authority to Collect Information.--To determine whether covered
merchandise is being entered into the customs territory of the United
States through evasion, the Secretary, acting through the
Commissioner--
(1) shall exercise all existing authorities to collect
information needed to make the determination; and
(2) may collect such additional information as is necessary to
make the determination through such methods as the Commissioner
considers appropriate, including by issuing questionnaires with
respect to the entry or entries at issue to--
(A) a person who filed an allegation with respect to the
covered merchandise;
(B) a person who is alleged to have entered the covered
merchandise into the customs territory of the United States
through evasion; or
(C) any other person who is determined to have information
relevant to the allegation of entry of covered merchandise into
the customs territory of the United States through evasion.
(b) Adverse Inference.--
(1) Use of adverse inference.--
(A) In general.--If the Secretary finds that a person
described in subparagraph (B) has failed to cooperate by not
acting to the best of the person's ability to comply with a
request for information under subsection (a), the Secretary
may, in making a determination whether an entry or entries of
covered merchandise may constitute merchandise that is entered
into the customs territory of the United States through
evasion, use an inference that is adverse to the interests of
that person in selecting from among the facts otherwise
available to determine whether evasion has occurred.
(B) Person described.--A person described in this
subparagraph is--
(i) a person who filed an allegation with respect to
covered merchandise;
(ii) a person alleged to have entered covered
merchandise into the customs territory of the United States
through evasion; or
(iii) a foreign producer or exporter of covered
merchandise that is alleged to have entered into the
customs territory of the United States through evasion.
(C) Application.--An inference described in subparagraph
(A) may be used under that subparagraph with respect to a
person described in clause (ii) or (iii) of subparagraph (B)
without regard to whether another person involved in the same
transaction or transactions under examination has provided the
information sought by the Secretary, such as import or export
documentation.
(2) Adverse inference described.--An adverse inference used
under paragraph (1)(A) may include reliance on information derived
from--
(A) the allegation of evasion of the trade remedy laws, if
any, submitted to U.S. Customs and Border Protection;
(B) a determination by the Commissioner in another
investigation, proceeding, or other action regarding evasion of
the unfair trade laws; or
(C) any other available information.

1e11f8b85820b904d22f9b9e7ab8b1e63e88823c5a356115921fb0d36476c09f

(a) In General.--Section 777(b)(1)(A)(ii) of the Tariff Act of 1930
(19 U.S.C. 1677f(b)(1)(A)(ii)) is amended by inserting ``negligence,
gross negligence, or'' after ``regarding''.
(b) Additional Information.--Notwithstanding any other provision of
law, the Secretary is authorized to provide to the Secretary of
Commerce or the United States International Trade Commission any
information that is necessary to enable the Secretary of Commerce or
the United States International Trade Commission to assist the
Secretary to identify, through risk assessment targeting or otherwise,
covered merchandise that is entered into the customs territory of the
United States through evasion.

51f9a4b005c7ae3277c52954964e086c410b8a7aec6696d64ab73445caa1b686

OF TRADE REMEDY LAWS.
(a) Bilateral Agreements.--
(1) In general.--The Secretary shall seek to negotiate and
enter into bilateral agreements with the customs authorities or
other appropriate authorities of foreign countries for purposes of
cooperation on preventing evasion of the trade remedy laws of the
United States and the trade remedy laws of the other country.
(2) Provisions and authorities.--The Secretary shall seek to
include in each such bilateral agreement the following provisions
and authorities:
(A) On the request of the importing country, the exporting
country shall provide, consistent with its laws, regulations,
and procedures, production, trade, and transit documents and
other information necessary to determine whether an entry or
entries exported from the exporting country are subject to the
importing country's trade remedy laws.
(B) On the written request of the importing country, the
exporting country shall conduct a verification for purposes of
enabling the importing 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),
including through a site visit.
(D) If the exporting country does not allow participation
of the importing country in a verification described in
subparagraph (B), the importing country may take this fact into
consideration in its trade enforcement and compliance
assessment activities regarding the compliance of the exporting
country's exports with the importing country's trade remedy
laws.
(b) Consideration.--The Commissioner is authorized to take into
consideration whether a country is a signatory to a bilateral agreement
described in subsection (a) and the extent to which the country is
cooperating under the bilateral agreement for purposes of trade
enforcement and compliance assessment activities of U.S. Customs and
Border Protection that concern evasion by such country's exports.
(c) Report.--Not later than December 31 of each calendar year
beginning after the date of the enactment of this Act, the Secretary
shall submit to the appropriate congressional committees a report
summarizing--
(1) the status of any ongoing negotiations of bilateral
agreements described in subsection (a), including the identities of
the countries involved in such negotiations;
(2) the terms of any completed bilateral agreements described
in subsection (a); and
(3) bilateral cooperation and other activities conducted
pursuant to or enabled by any completed bilateral agreements
described in subsection (a).

47c04b4c73a8f3cec0da6aeb059106dc42e95142d921c3f727e92cea17ae18cd

The principal negotiating objectives of the United States shall
include obtaining the objectives of the bilateral agreements described
under section 414(a) for any trade agreements under negotiation as of
the date of the enactment of this Act or future trade agreement
negotiations.
Subtitle B--Investigation of Evasion of Trade Remedy Laws

c2d499a0a1da363d290b39095170af9bb02cfdd413438ce6aa638f608c5d5f3a

c09b914a1bff352d63e730b59e355a710033a3def79fdaff426e672b6f6be0c6

The Commissioner shall, to the maximum extent possible, ensure that
U.S. Customs and Border Protection--
(1) employs sufficient personnel who have expertise in, and
responsibility for, preventing and investigating the entry of
covered merchandise into the customs territory of the United States
through evasion;
(2) on the basis of risk assessment metrics, assigns 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 presents the most
substantial threats to the revenue of the United States; and
(3) provides adequate training to relevant personnel to
increase expertise and effectiveness in the prevention and
identification of entries of covered merchandise into the customs
territory of the United States through evasion.

c75ca17e0452751cbd43c1b7bc9c513881e6970235372543573d74399585667a

OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.
(a) In General.--Not later than January 15 of each calendar year
that begins on or after the date that is 270 days after the date of the
enactment of this Act, the Commissioner, in consultation with the
Secretary of Commerce and the Director of U.S. Immigration and Customs
Enforcement, shall submit to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives a
report on the efforts being taken to prevent and investigate the entry
of covered merchandise into the customs territory of the United States
through evasion.
(b) Contents.--Each report required under subsection (a) shall
include--
(1) for the calendar year preceding the submission of the
report--
(A) a summary of the efforts of U.S. Customs and Border
Protection to prevent and investigate the entry of covered
merchandise into the customs territory of the United States
through evasion;
(B) the number of allegations of evasion received,
including allegations received under subsection (b) of section
517 of the Tariff Act of 1930, as added by section 421 of this
Act, and the number of such allegations resulting in
investigations by U.S. Customs and Border Protection or any
other Federal agency;
(C) a summary of investigations initiated, including
investigations initiated under subsection (b) of such section
517, including--
(i) the number and nature of the investigations
initiated, conducted, or completed; and
(ii) the resolution of each completed investigation;
(D) the amount of additional duties that were determined to
be owed as a result of such investigations, the amount of such
duties that were collected, and, for any such duties not
collected, a description of the reasons those duties were not
collected;
(E) with respect to each such investigation that led to the
imposition of a penalty, the amount of the penalty;
(F) an identification of the countries of origin of covered
merchandise determined under subsection (c) of such section 517
to be entered into the customs territory of the United States
through evasion;
(G) the amount of antidumping and countervailing duties
collected as a result of any investigations or other actions by
U.S. Customs and Border Protection or any other Federal agency;
(H) a description of the allocation of personnel and other
resources of U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement to prevent and investigate
evasion, including any assessments conducted regarding the
allocation of such personnel and resources; and
(I) a description of training conducted to increase
expertise and effectiveness in the prevention 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 Protection to ensure that
allegations of evasion are promptly evaluated and acted upon in
a timely manner;
(B) an evaluation of the efficacy of those guidelines,
policies, and practices;
(C) an identification of any changes since the last report
required by this section, if any, that have materially improved
or reduced the effectiveness of U.S. Customs and Border
Protection in preventing and investigating evasion;
(D) a description of the development and 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 duties
commensurate with the level of risk of not collecting those
duties;
(E) a description of the processes and procedures for
increased cooperation and information sharing with the
Department of Commerce, U.S. Immigration and Customs
Enforcement, and any other relevant Federal agencies to prevent
and investigate evasion; and
(F) an identification of any recommended policy changes for
other Federal agencies or legislative changes to improve the
effectiveness of U.S. Customs and Border Protection in
preventing and investigating evasion.
(c) Public Summary.--The Commissioner shall make available to the
public a summary of the report required by subsection (a) that
includes, at a minimum--
(1) a description of the type of merchandise with respect to
which investigations were initiated under subsection (b) of section
517 of the Tariff Act of 1930, as added by section 421 of this Act;
(2) the amount of additional duties determined to be owed as a
result of such investigations and the amount of such duties that
were collected;
(3) an identification of the countries of origin of covered
merchandise determined under subsection (c) of such section 517 to
be entered into the customs territory of the United States through
evasion; and
(4) a description of the types of measures used by U.S. Customs
and Border Protection to prevent and investigate evasion.

7c84b5f49c5dad41e722939a2d569d9d9e693f7dd648f257864787faf074618a

Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1675(a)(2)(B)) is amended--
(1) by striking clause (iii);
(2) by redesignating clause (iv) as clause (iii); and
(3) by inserting after clause (iii), as redesignated by
paragraph (2) of this section, the following:
``(iv) Determinations based on bona fide sales.--Any
weighted average dumping margin or individual
countervailing duty rate determined for an exporter or
producer in a review conducted under clause (i) shall be
based solely on the bona fide United States sales of an
exporter or producer, as the case may be, made during the
period covered by the review. In determining whether the
United States sales of an exporter or producer made during
the period covered by the review were bona fide, the
administering authority shall consider, depending on the
circumstances surrounding 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 merchandise involved in
such sales was resold in the United States at a profit;
``(VI) whether such sales were made on an arms-
length basis; and
``(VII) any other factor the administering
authority determines to be relevant as to whether such
sales are, or are not, likely to be typical of those
the exporter or producer will make after completion of
the review.''.

e58a4a5cb2836bda03da099d393f10372cbf2b58d4452fd02119199141c5183d

This title may be cited as the ``Small Business Trade Enhancement
Act of 2015'' or the ``State Trade Coordination Act''.

888f6af67747513a8f6f00b2c5af2d6eb02fc038f1a570af880503d0b607aac4

PROMOTION AUTHORITY.
Section 203 of Public Law 94-305 (15 U.S.C. 634c) is amended--
(1) in the matter preceding paragraph (1), by striking ``The
Office of Advocacy'' and inserting the following:
``(a) In General.--The Office of Advocacy''; and
(2) by adding at the end the following:
``(b) Outreach and Input From Small Businesses on Trade Promotion
Authority.--
``(1) Definitions.--In this subsection--
``(A) the term `agency' has the meaning given the term in
section 551 of title 5, United States Code;
``(B) the term `Chief Counsel for Advocacy' means the Chief
Counsel for Advocacy of the Small Business Administration;
``(C) the term `covered trade agreement' means a trade
agreement being negotiated pursuant to section 103(b) of the
Bipartisan Congressional Trade Priorities and Accountability
Act of 2015 (Public Law 114-26; 19 U.S.C. 4202(b)); and
``(D) the term `Working Group' means the Interagency
Working Group convened under paragraph (2)(A).
``(2) Working group.--
``(A) In general.--Not later than 30 days after the date on
which the President submits the notification required under
section 105(a) of the Bipartisan Congressional Trade Priorities
and Accountability Act of 2015 (Public Law 114-26; 19 U.S.C.
4204(a)), the Chief Counsel for Advocacy shall convene an
Interagency Working Group, which shall consist of an employee
from each of the following agencies, as selected by the head of
the agency or an official delegated by the head of the agency:
``(i) The Office of the United States Trade
Representative.
``(ii) The Department of Commerce.
``(iii) The Department of Agriculture.
``(iv) Any other agency that the Chief Counsel for
Advocacy, in consultation with the United States Trade
Representative, determines to be relevant with respect to
the subject of the covered trade agreement.
``(B) Views of small businesses.--Not later than 30 days
after the date on which the Chief Counsel for Advocacy convenes
the Working Group under subparagraph (A), the Chief Counsel for
Advocacy shall identify a diverse group of small businesses,
representatives of small businesses, or a combination thereof,
to provide to the Working Group the views of small businesses
in the manufacturing, services, and agriculture industries on
the potential economic effects of the covered trade agreement.
``(3) Report.--
``(A) In general.--Not later than 180 days after the date
on which the Chief Counsel for Advocacy convenes the Working
Group under paragraph (2)(A), the Chief Counsel for Advocacy
shall submit to the Committee on Small Business and
Entrepreneurship and the Committee on Finance of the Senate and
the Committee on Small Business and the Committee on Ways and
Means of the House of Representatives a report on the economic
impacts of the covered trade agreement on small businesses,
which shall--
``(i) identify the most important priorities,
opportunities, and challenges to various industries from
the covered trade agreement;
``(ii) assess the impact for new small businesses to
start exporting, or increase their exports, to markets in
countries that are parties to the covered trade agreement;
``(iii) analyze the competitive position of industries
likely to be significantly affected by the covered trade
agreement;
``(iv) identify--
``(I) any State-owned enterprises in each country
participating in negotiations for the covered trade
agreement that could pose a threat to small businesses;
and
``(II) any steps to take to create a level playing
field for those small businesses;
``(v) identify any rule of an agency that should be
modified to become compliant with the covered trade
agreement; and
``(vi) include an overview of the methodology used to
develop the report, including the number of small business
participants by industry, how those small businesses were
selected, and any other factors that the Chief Counsel for
Advocacy may determine appropriate.
``(B) Delayed submission.--To ensure that negotiations for
the covered trade agreement are not disrupted, the President
may require that the Chief Counsel for Advocacy delay
submission of the report under subparagraph (A) until after the
negotiations for the covered trade agreement are concluded,
provided that the delay allows the Chief Counsel for Advocacy
to submit the report to Congress not later than 45 days before
the Senate or the House of Representatives acts to approve or
disapprove the covered trade agreement.
``(C) Avoidance of duplication.--The Chief Counsel for
Advocacy shall, to the extent practicable, coordinate the
submission of the report under this paragraph with the United
States International Trade Commission, the United States Trade
Representative, other agencies, and trade advisory committees
to avoid unnecessary duplication of reporting requirements.''.

091b32458edf494d8152ed97932c99f73e9c86e07a39c2844aae7c02333dba36

Section 22 of the Small Business Act (15 U.S.C. 649) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) State Trade Expansion Program.--
``(1) Definitions.--In this subsection--
``(A) the term `eligible small business concern' means a
business concern that--
``(i) is organized or incorporated in the United
States;
``(ii) is operating in the United States;
``(iii) meets--
``(I) the applicable industry-based small business
size standard established under section 3; or
``(II) the alternate size standard applicable to
the program under section 7(a) of this Act and the loan
programs under title V of the Small Business Investment
Act of 1958 (15 U.S.C. 695 et seq.);
``(iv) has been in business for not less than 1 year,
as of the date on which assistance using a grant under this
subsection commences; and
``(v) has access to sufficient resources to bear the
costs associated with trade, including the costs of
packing, shipping, freight forwarding, and customs brokers;
``(B) the term `program' means the State Trade Expansion
Program established under paragraph (2);
``(C) the term `rural small business concern' means an
eligible small business concern located in a rural area, as
that term is defined in section 1393(a)(2) of the Internal
Revenue Code of 1986;
``(D) the term `socially and economically disadvantaged
small business concern' has the meaning given that term in
section 8(a)(4)(A) of the Small Business Act (15 U.S.C.
637(a)(4)(A)); and
``(E) the term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, the Commonwealth of the Northern Mariana
Islands, and American Samoa.
``(2) Establishment of program.--The Associate Administrator
shall establish a trade expansion program, to be known as the
`State Trade Expansion Program', to make grants to States to carry
out programs that assist eligible small business concerns in--
``(A) participation in foreign trade missions;
``(B) a subscription to services provided by the Department
of Commerce;
``(C) the payment of website fees;
``(D) the design of marketing media;
``(E) a trade show exhibition;
``(F) participation in training workshops;
``(G) a reverse trade mission;
``(H) procurement of consultancy services (after
consultation with the Department of Commerce to avoid
duplication); or
``(I) any other initiative determined appropriate by the
Associate Administrator.
``(3) Grants.--
``(A) Joint review.--In carrying out the program, the
Associate Administrator may make a grant to a State to increase
the number of eligible small business concerns in the State
exploring significant new trade opportunities.
``(B) Considerations.--In making grants under this
subsection, the Associate Administrator may give priority to an
application by a State that proposes a program that--
``(i) focuses on eligible small business concerns as
part of a trade expansion program;
``(ii) demonstrates intent to promote trade expansion
by--
``(I) socially and economically disadvantaged small
business concerns;
``(II) small business concerns owned or controlled
by women; and
``(III) rural small business concerns;
``(iii) promotes trade facilitation from a State that
is not 1 of the 10 States with the highest percentage of
eligible small business concerns that are engaged in
international trade, based upon the most recent data from
the Department of Commerce; and
``(iv) includes--
``(I) activities which have resulted in the highest
return on investment based on the most recent year; and
``(II) the adoption of shared best practices
included in the annual report of the Administration.
``(C) Limitations.--
``(i) Single application.--A State may not submit more
than 1 application for a grant under the program in any 1
fiscal year.
``(ii) Proportion of amounts.--The total value of
grants made under the program during a fiscal year to the
10 States with the highest percentage of eligible small
business concerns, based upon the most recent data
available from the Department of Commerce, shall be not
more than 40 percent of the amounts appropriated for the
program for that fiscal year.
``(iii) Duration.--The Associate Administrator shall
award a grant under this program for a period of not more
than 2 years.
``(D) Application.--
``(i) In general.--A State desiring a grant under the
program shall submit an application at such time, in such
manner, and accompanied by such information as the
Associate Administrator may establish.
``(ii) Consultation to reduce duplication.--A State
desiring a grant under the program shall--
``(I) before submitting an application under clause
(i), consult with applicable trade agencies of the
Federal Government on the scope and mission of the
activities the State proposes to carry out using the
grant, to ensure proper coordination and reduce
duplication in services; and
``(II) document the consultation conducted under
subclause (I) in the application submitted under clause
(i).
``(4) Competitive basis.--The Associate Administrator shall
award grants under the program on a competitive basis.
``(5) Federal share.--The Federal share of the cost of a trade
expansion program carried out using a grant under the program shall
be--
``(A) for a State that has a high trade volume, as
determined by the Associate Administrator, not more than 65
percent; and
``(B) for a State that does not have a high trade volume,
as determined by the Associate Administrator, not more than 75
percent.
``(6) Non-federal share.--The non-Federal share of the cost of
a trade expansion program carried out using a grant under the
program shall be comprised of not less than 50 percent cash and not
more than 50 percent of indirect costs and in-kind contributions,
except that no such costs or contributions may be derived from
funds from any other Federal program.
``(7) Reports.--
``(A) Initial report.--Not later than 120 days after the
date of enactment of this subsection, the Associate
Administrator shall submit to the Committee on Small Business
and Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives a report, which shall
include--
``(i) a description of the structure of and procedures
for the program;
``(ii) a management plan for the program; and
``(iii) a description of the merit-based review process
to be used in the program.
``(B) Annual reports.--
``(i) In general.--The Associate Administrator shall
publish on the website of the Administration an annual
report regarding the program, which shall include--
``(I) the number and amount of grants made under
the program during the preceding year;
``(II) a list of the States receiving a grant under
the program during the preceding year, including the
activities being performed with each grant;
``(III) the effect of each grant on the eligible
small business concerns in the State receiving the
grant;
``(IV) the total return on investment for each
State; and
``(V) a description of best practices by States
that showed high returns on investment and significant
progress in helping more eligible small business
concerns.
``(ii) Notice to congress.--On the date on which the
Associate Administrator publishes a report under clause
(i), the Associate Administrator shall notify the Committee
on Small Business and Entrepreneurship of the Senate and
the Committee on Small Business of the House of
Representatives that the report has been published.
``(8) Reviews by inspector general.--
``(A) In general.--The Inspector General of the
Administration shall conduct a review of--
``(i) the extent to which recipients of grants under
the program are measuring the performance of the activities
being conducted and the results of the measurements; and
``(ii) the overall management and effectiveness of the
program.
``(B) Reports.--
``(i) Pilot program.--Not later than 6 months after the
date of enactment of this subsection, the Inspector General
of the Administration shall submit to the Committee on
Small Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives
a report regarding the use of amounts made available under
the State Trade and Export Promotion Grant Program under
section 1207 of the Small Business Jobs Act of 2010 (15
U.S.C. 649b note).
``(ii) New step program.--Not later than 18 months
after the date on which the first grant is awarded under
this subsection, the Inspector General of the
Administration shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of Representatives
a report regarding the review conducted under subparagraph
(A).
``(9) Authorization of appropriations.--There is authorized to
be appropriated to carry out the program $30,000,000 for each of
fiscal years 2016 through 2020.''.

831f9e258a0df4bccc39f97c5516d359cf1b8465966a282dfa46e7f3783ffd47

(a) State and Federal Export Promotion Coordination Working
Group.--Subtitle C of the Export Enhancement Act of 1988 (15 U.S.C.
4721 et seq.) is amended by inserting after section 2313 the following:
``SEC. 2313A. STATE AND FEDERAL EXPORT PROMOTION COORDINATION WORKING
GROUP.
``(a) Statement of Policy.--It is the policy of the United States
to promote exports as an opportunity for small businesses. In
exercising their powers and functions in order to advance that policy,
all Federal agencies shall work constructively with State and local
agencies engaged in export promotion and export financing activities.
``(b) Establishment.--The President shall establish a State and
Federal Export Promotion Coordination Working Group (in this section
referred to as the `Working Group') as a subcommittee of the Trade
Promotion Coordination Committee (in this section referred to as the
`TPCC').
``(c) Purposes.--The purposes of the Working Group are--
``(1) to identify issues related to the coordination of Federal
resources relating to export promotion and export financing with
such resources provided by State and local governments;
``(2) to identify ways to improve coordination with respect to
export promotion and export financing activities through the
strategic plan developed under section 2312(c);
``(3) to develop a strategy for improving coordination of
Federal and State resources relating to export promotion and export
financing, including methods to eliminate duplication of effort and
overlapping functions; and
``(4) to develop a strategic plan for considering and
implementing the suggestions of the Working Group as part of the
strategic plan developed under section 2312(c).
``(d) Membership.--The Secretary of Commerce shall select the
members of the Working Group, who shall include--
``(1) representatives from State trade agencies representing
regionally diverse areas; and
``(2) representatives of the departments and agencies that are
represented on the TPCC, who are designated by the heads of their
respective departments or agencies to advise the head on ways of
promoting the exportation of United States goods and services.''.
(b) Report on Improvements to Export.gov as a Single Window for
Export Information.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Associate Administrator for
International Trade of the Small Business Administration shall,
after consultation with the entities specified in paragraph (2),
submit to the appropriate congressional committees a report that
includes the recommendations of the Associate Administrator for
improving the experience provided by the Internet website
Export.gov (or a successor website) as--
(A) a comprehensive resource for information about
exporting articles from the United States; and
(B) a single website for exporters to submit all
information required by the Federal Government with respect to
the exportation of articles from the United States.
(2) Entities specified.--The entities specified in this
paragraph are--
(A) small business concerns (as defined in section 3 of the
Small Business Act (15 U.S.C. 632)) that are exporters; and
(B) the President's Export Council, State agencies with
responsibility for export promotion or export financing,
district export councils, and trade associations.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Small Business and Entrepreneurship
and the Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Small Business and the Committee on
Foreign Affairs of the House of Representatives.
(c) Availability of State Resources Guides on Export.gov.--The
Secretary of Commerce shall make available on the Internet website
Export.gov (or a successor website) information on the resources
relating to export promotion and export financing available in each
State--
(1) organized by State; and
(2) including information on State agencies with responsibility
for export promotion or export financing and district export
councils and trade associations located in the State.

487f2e5d95dd3f9300be0389726fd01624a2e336b927b4b207e87592e650b3bc

(a) Membership of Representatives of State Trade Promotion Agencies
on Trade Promotion Coordinating Committee.--Section 2312 of the Export
Enhancement Act of 1988 (15 U.S.C. 4727) is amended--
(1) in subsection (d)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following:
``(2) Representatives from state trade promotion agencies.--The
TPCC shall also include 1 or more members appointed by the
President who are representatives of State trade promotion
agencies.''; and
(2) in subsection (e), in the first sentence, by inserting
``(other than members described in subsection (d)(2))'' after
``Members of the TPCC''.
(b) Federal and State Export Promotion Coordination Plan.--
(1) In general.--The Secretary of Commerce, acting through the
Trade Promotion Coordinating Committee and in coordination with
representatives of State trade promotion agencies, shall develop a
comprehensive plan to integrate the resources and strategies of
State trade promotion agencies into the overall Federal trade
promotion program.
(2) Matters to be included.--The plan required under paragraph
(1) shall include the following:
(A) A description of the role of State trade promotion
agencies in assisting exporters.
(B) An outline of the role of State trade promotion
agencies and how it is different from Federal agencies located
within or providing services within the State.
(C) A plan on how to utilize State trade promotion agencies
in the Federal trade promotion program.
(D) An explanation of how Federal and State agencies will
share information and resources.
(E) A description of how Federal and State agencies will
coordinate education and trade events in the United States and
abroad.
(F) A description of the efforts to increase efficiency and
reduce duplication.
(G) A clear identification of where businesses can receive
appropriate international trade information under the plan.
(3) Deadline.--The plan required under paragraph (1) shall be
finalized and submitted to Congress not later than 12 months after
the date of the enactment of this Act.
(c) Annual Federal-State Export Strategy.--
(1) In general.--The Secretary of Commerce, acting through the
head of the United States Foreign and Commercial Service, shall
develop an annual Federal-State export strategy for each State that
submits to the Secretary of Commerce its export strategy for the
upcoming calendar year. In developing an annual Federal-State
export strategy under this paragraph, the Secretary of Commerce
shall take into account the Federal and State export promotion
coordination plan developed under subsection (b).
(2) Matters to be included.--The Federal-State export strategy
required under paragraph (1) shall include the following:
(A) The State's export strategy and economic goals.
(B) The State's key sectors and industries of focus.
(C) Possible foreign and domestic trade events.
(D) Efforts to increase efficiencies and reduce
duplication.
(3) Report.--The Federal-State export strategy required under
paragraph (1) shall be submitted to the Trade Promotion
Coordinating Committee not later than February 1, 2017, and
February 1 of each year thereafter.
(d) Coordinated Metrics and Information Sharing.--
(1) In general.--The Secretary of Commerce, in coordination
with representatives of State trade promotion agencies, shall
develop a framework to share export success information, and
develop a coordinated set of reporting metrics.
(2) Report to congress.--Not later than one year after the date
of the enactment of this Act, the Secretary of Commerce shall
submit to Congress a report that contains the framework and
reporting metrics required under paragraph (1).
(e) Annual Survey and Analysis and Report Under National Export
Strategy.--Section 2312 of the Export Enhancement Act of 1988 (15
U.S.C. 4727) is amended--
(1) in subsection (c)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(7) in coordination with State trade promotion agencies,
include a survey and analysis regarding the overall effectiveness
of Federal-State coordination and export promotion goals on an
annual basis, to further include best practices, recommendations to
better assist small businesses, and other relevant matters.''; and
(2) in subsection (f)(1), by inserting ``(including
implementation of the survey and analysis described in paragraph
(7) of that subsection)'' after ``the implementation of such
plan''.

8660488008eeef51bd7e2632abca6af0f91f92f734e3d9090915b44259085cfd

(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, Consultations, and Report.--
``(1) Trade enforcement priorities consultations.--Not later
than May 31 of each calendar year that begins after the date of the
enactment of the Trade Facilitation and Trade Enforcement Act of
2015, the United States Trade 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 obligations under
the WTO Agreements or any other trade agreement to which the United
States is a party, or otherwise create or maintain barriers to
United States goods, services, or investment.
``(2) Identification of trade enforcement priorities.--In
identifying acts, policies, or practices of foreign governments as
trade enforcement priorities under this subsection, the Trade
Representative shall focus on those acts, policies, and practices
the elimination of which is likely to have the most significant
potential to increase United States economic growth, and take into
account all relevant factors, including--
``(A) the economic significance of any potential
inconsistency between an obligation assumed by a foreign
government pursuant to a trade agreement to which both the
foreign government and the United States are parties and the
acts, policies, or practices of that government;
``(B) the impact of the acts, policies, or practices of a
foreign government on maintaining and creating United States
jobs and productive capacity;
``(C) the major barriers and trade distorting practices
described in the most recent National Trade Estimate required
under section 181(b);
``(D) the major barriers and trade distorting practices
described in other relevant reports addressing international
trade and investment barriers prepared by a Federal agency or
congressional commission during the 12 months preceding the
date of the most recent report under 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 government'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 priorities 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
Representative shall report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives on acts, policies, or practices of foreign
governments identified as trade enforcement priorities based on
the consultations under paragraph (1) and the criteria set
forth in paragraph (2).
``(B) Report in subsequent years.--The Trade Representative
shall include, when reporting 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 description of actions taken to
address any acts, policies, or practices of foreign governments
identified as trade enforcement priorities under this
subsection in the calendar year preceding that report and, as
relevant, any calendar year before that calendar year.
``(b) Semiannual Enforcement Consultations.--
``(1) In general.--At the same time as the reporting under
subsection (a)(3), and not later than January 31 of each following
year, the Trade Representative shall consult with the Committee on
Finance of the Senate and the Committee on Ways and Means of the
House of Representatives with respect to the identification,
prioritization, investigation, and resolution of acts, policies, or
practices of foreign governments of concern with respect to
obligations under the WTO Agreements or any other trade agreement
to which the United States is a party, or that otherwise create or
maintain trade barriers.
``(2) Acts, policies, or practices of concern.--The semiannual
enforcement consultations required by paragraph (1) shall address
acts, policies, or practices of foreign governments that raise
concerns with respect to obligations under the WTO Agreements or
any other trade agreement to which the United States is a party, or
otherwise create or maintain trade barriers, including--
``(A) engagement with relevant trading partners;
``(B) strategies for addressing such concerns;
``(C) availability and deployment of resources to be used
in the investigation or resolution of such concerns;
``(D) the merits of any potential dispute resolution
proceeding under the WTO Agreements or any other trade
agreement to which the United States is a party relating to
such concerns; and
``(E) any other aspects of such concerns.
``(3) Active investigations.--The semiannual enforcement
consultations required by paragraph (1) shall address acts,
policies, or practices that the Trade Representative is actively
investigating with respect to obligations under the WTO 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;
``(B) any relevant timeline with respect to investigation
of such acts, policies, or practices;
``(C) the merits of any potential dispute resolution
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 investigation of
such acts, policies, or practices; and
``(E) any other matters relating to the investigation 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
respect to obligations under the WTO Agreements or any other trade
agreement to which the United States is a party, including--
``(A) any relevant timeline with respect to such actions;
``(B) the merits of such actions;
``(C) any prospective implementation actions;
``(D) potential implications for any law or regulation of
the United States;
``(E) potential implications for United States
stakeholders, domestic competitors, and exporters; and
``(F) other issues relating to such actions.
``(5) Enforcement resources.--The semiannual enforcement
consultations required by paragraph (1) shall address the
availability and deployment of enforcement resources, resource
constraints on monitoring and enforcement activities, and
strategies to address those constraints, including the use of
available resources of other Federal agencies to enhance monitoring
and enforcement capabilities.
``(c) Investigation and Resolution.--In the case of any acts,
policies, or practices of a foreign government identified as a trade
enforcement priority under subsection (a), the Trade Representative
shall, not later than the date of the first semiannual enforcement
consultations held under subsection (b) after the identification of the
priority, take appropriate action to address that priority, including--
``(1) engagement with the foreign government to resolve
concerns raised by such acts, policies, or practices;
``(2) initiation of an investigation under section 302(b)(1)
with respect to such acts, policies, or practices;
``(3) initiation of negotiations for a bilateral agreement that
provides for resolution of concerns raised by such acts, policies,
or practices; or
``(4) initiation of dispute settlement proceedings under the
WTO Agreements or any other trade agreement to which the United
States is a party with respect to such acts, policies, or
practices.
``(d) Enforcement Notifications and Consultation.--
``(1) Initiation of enforcement action.--The Trade
Representative shall notify and consult with the Committee on
Finance of the Senate and the Committee on Ways and Means of the
House of Representatives in advance of the initiation of any formal
trade dispute by or against the United States taken in regard to an
obligation under the WTO Agreements or any other trade agreement to
which the United States is a party. With respect to a formal trade
dispute against the United States, if advance notification and
consultation are not possible, the Trade Representative shall
notify and consult at the earliest practicable opportunity after
initiation of the dispute.
``(2) Circulation of reports.--The Trade Representative shall
notify and consult with the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives in
advance of the announced or anticipated circulation 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 Agreement' has the meaning
given that term in section 2(9) of the Uruguay Round Agreements Act
(19 U.S.C. 3501(9)).
``(3) WTO agreements.--The term `WTO Agreements' means the WTO
Agreement and agreements annexed to that Agreement.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by striking the item relating to section 310 and
inserting the following:
``Sec. 310. Trade enforcement priorities.''.

aef675928010d9af1bfcd099803c963efbc8f64b52e7ba53876bee2e96116f26

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 following:
``(c) Exercise of WTO Authorization to Suspend 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 reinstatement of action has
submitted to the Trade Representative a written request for
reinstatement of action, and
``(3) the Trade Representatives 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 authorization to suspend concessions or
other obligations under Article 22 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (referred to in section
101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(16))).''.
(b) Conforming Amendments.--Chapter 1 of title III of the Trade Act
of 1974 (19 U.S.C. 2411 et seq.) is amended--
(1) in section 301(c)(1) (19 U.S.C. 2411(c)(1)), in the matter
preceding subparagraph (A), by inserting ``or section 306(c)''
after ``subsection (a) or (b)'';
(2) in section 306(b) (19 U.S.C. 2416(b)), in the subsection
heading, by striking ``Further Action'' and inserting ``Action on
the Basis of Monitoring'';
(3) in section 306(d) (19 U.S.C. 2416(d)), as redesignated by
subsection (a)(1), by inserting ``or (c)'' after ``subsection
(b)''; and
(4) in section 307(c)(3) (19 U.S.C. 2417(c)(3)), by inserting
``or if a request is submitted to the Trade Representative under
section 306(c)(2) to reinstate action,'' after ``under section
301,''.

04fbf7c1d040423cbad84a65ab9f8f19360519fdd9fd05f99fe77aafd430f7a5

(a) In General.--Chapter 1 of title II of the Trade Act of 1974 (19
U.S.C. 2251 et seq.) is amended by adding at the end the following:
``SEC. 205. TRADE MONITORING.
``(a) Monitoring Tool for Imports.--
``(1) In general.--Not later than 180 days after the date of
the enactment of the Trade Facilitation and Trade Enforcement Act
of 2015, the Commission shall make available on a website of the
Commission an import monitoring tool to allow the public access to
data on the volume and value of goods imported to the United States
for the purpose of assessing whether such data has changed with
respect to such goods over a period of time.
``(2) Data described.--For purposes of the monitoring tool
under paragraph (1), the Commission shall use data compiled by the
Department of Commerce and such other government data as the
Commission considers appropriate.
``(3) Periods of time.--The Commission shall ensure that data
accessed through the monitoring tool under paragraph (1) includes
data for the most recent quarter for which such data are available
and previous quarters as the Commission considers practicable.
``(b) Monitoring Reports.--
``(1) In general.--Not later than 270 days after the date of
the enactment of the Trade Facilitation and Trade Enforcement Act
of 2015, and not less frequently than quarterly thereafter, the
Secretary of Commerce shall publish on a website of the Department
of Commerce, and notify the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives of
the availability of, a monitoring report on changes in the volume
and value of trade with respect to imports and exports of goods
categorized based on the 6-digit subheading number of the goods
under the Harmonized Tariff Schedule of the United States during
the most recent quarter for which such data are available and
previous quarters as the Secretary considers practicable.
``(2) Requests for comment.--Not later than one year after the
date of the enactment of the Trade Facilitation and Trade
Enforcement Act of 2015, the Secretary of Commerce shall solicit
through the Federal Register public comment on the monitoring
reports described in paragraph (1).
``(c) Sunset.--The requirements under this section terminate on the
date that is seven years after the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 (19 U.S.C. 2101 et seq.) is amended by inserting after the item
relating to section 204 the following:
``Sec. 205. Trade monitoring.''.

57bd6ff2c6e40e0f8c6278b7e56e97e2183241deb18a5a1205f100dd8eef915f

IMPLEMENTATION, MONITORING, AND ENFORCEMENT.
(a) In General.--Section 141 of the Trade Act of 1974 (19 U.S.C.
2171) is amended by adding at the end the following:
``(h) Interagency Center on Trade Implementation, Monitoring, and
Enforcement.--
``(1) Establishment of center.--There is established in the
Office of the United States Trade Representative an Interagency
Center on Trade Implementation, Monitoring, and Enforcement (in
this section referred to as the `Center').
``(2) Functions of center.--The Center shall support the
activities of the United States Trade Representative in--
``(A) investigating potential disputes under the auspices
of the World Trade Organization;
``(B) investigating potential disputes pursuant to
bilateral and regional trade agreements to which the United
States is a party;
``(C) carrying out the functions of the United States Trade
Representative under this section with respect to the
monitoring and enforcement of trade agreements to which the
United States is a party; and
``(D) monitoring measures taken by parties to implement
provisions of trade agreements to which the United States is a
party.
``(3) Personnel.--
``(A) Director.--The head of the Center shall be a
Director, who shall be appointed by the United States Trade
Representative.
``(B) Additional employees.--A Federal agency may, in
consultation with and with the approval of the United States
Trade Representative, detail or assign one or more employees to
the Center without any reimbursement from the Center to support
the functions of the Center.''.
(b) Interagency Resources.--Section 141(d)(1)(A) of the Trade Act
of 1974 (19 U.S.C. 2171(d)(1)(A)) is amended by inserting ``, including
resources of the Interagency Center on Trade Implementation,
Monitoring, and Enforcement established under subsection (h),'' after
``interagency resources''.
(c) Reports.--Section 163 of the Trade Act of 1974 (19 U.S.C. 2213)
is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (J), by striking ``and'' at the end;
(B) in subparagraph (K), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(L) the operation of the Interagency Center on Trade
Implementation, Monitoring, and Enforcement established under
section 141(h), including--
``(i) information relating to the personnel of the
Center, including a description of any employees detailed
or assigned to the Center by a Federal agency under
paragraph (3)(B) of such section;
``(ii) information relating to the functions of the
Center; and
``(iii) an assessment of the operating costs of the
Center.''; and
(2) by adding at the end the following:
``(d) Quadrennial Plan and Report.--
``(1) Quadrennial plan.--Pursuant to the goals and objectives
of the strategic plan of the Office of the United States Trade
Representative as required under section 306 of title 5, United
States Code, the Trade Representative shall, every 4 years, develop
a plan--
``(A) to analyze internal quality controls and record
management of the Office;
``(B) to identify existing staff of the Office and new
staff that will be necessary to support the trade negotiation
and enforcement functions and powers of the Office (including
those functions and powers of the Trade Policy Staff Committee)
as described in section 141 and section 301;
``(C) to identify existing staff of the Office and staff in
other Federal agencies who will be required to be detailed or
assigned to support interagency programs led by the Trade
Representative, including any associated expenses;
``(D) to provide an outline of budget justifications,
including salaries and expenses as well as nonpersonnel
administrative expenses, for the fiscal years required under
the strategic plan; and
``(E) to provide an outline of budget justifications,
including salaries and expenses as well as nonpersonnel
administrative expenses, for interagency programs led by the
Trade Representative for the fiscal years required under the
strategic plan.
``(2) Report.--
``(A) In general.--The Trade Representative shall submit to
the appropriate congressional committees a report that contains
the plan required under paragraph (1). Except as provided in
subparagraph (B), the report required under this subparagraph
shall be submitted in conjunction with the strategic plan of
the Office as required under section 306 of title 5, United
States Code.
``(B) Exception.--The Trade Representative shall submit to
the appropriate congressional committees an initial report that
contains the plan required under paragraph (1) not later than
June 1, 2016.
``(C) Appropriate congressional committees defined.--In
this paragraph, the term `appropriate congressional committees'
means--
``(i) the Committee on Finance and the Committee on
Appropriations of the Senate; and
``(ii) the Committee on Ways and Means and the
Committee on Appropriations of the House of
Representatives.''.

0ac13ceaeda537d8d9d1ffb26c9ce537405f8d7f7f1b216ffc4b4b1ea3dab045

ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES.
(a) In General.--The Secretary of Homeland Security shall deposit
all interest described in subsection (c) into the special account
established under section 754(e) of the Tariff Act of 1930 (19 U.S.C.
1675c(e)) (repealed by subtitle F of title VII of the Deficit Reduction
Act of 2005 (Public Law 109-171; 120 Stat. 154)) for inclusion in
distributions described in subsection (b) made on or after the date of
the enactment of this Act.
(b) Distributions Described.--Distributions described in this
subsection are distributions of antidumping duties and countervailing
duties assessed on or after October 1, 2000, that are made under
section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c) (repealed by
subtitle F of title VII of the Deficit Reduction Act of 2005 (Public
Law 109-171; 120 Stat. 154)), with respect to entries of merchandise
that--
(1) were made on or before September 30, 2007; and
(2) were, in accordance with section 822 of the Claims
Resolution Act of 2010 (19 U.S.C. 1675c note), unliquidated, not in
litigation, and not under an order of liquidation from the
Department of Commerce on December 8, 2010.
(c) Interest Described.--
(1) Interest realized.--Interest described in this subsection
is interest earned on antidumping duties or countervailing duties
described in subsection (b) that is realized through application of
a payment received on or after October 1, 2014, by U.S. Customs and
Border Protection under, or in connection with--
(A) a customs bond pursuant to a court order or judgment;
or
(B) a settlement with respect to a customs bond, including
any payment made to U.S. Customs and Border Protection with
respect to that bond by a surety.
(2) Types of interest.--Interest described in paragraph (1)
includes the following:
(A) Interest accrued under section 778 of the Tariff Act of
1930 (19 U.S.C. 1677g).
(B) Interest accrued under section 505(d) of the Tariff Act
of 1930 (19 U.S.C. 1505(d)).
(C) Equitable interest under common law and interest under
section 963 of the Revised Statutes (19 U.S.C. 580) awarded by
a court against a surety under its bond for late payment of
antidumping duties, countervailing duties, or interest
described in subparagraph (A) or (B).
(d) Definitions.--In this section:
(1) Antidumping duties.--The term ``antidumping duties'' means
antidumping duties imposed under section 731 of the Tariff Act of
1930 (19 U.S.C. 1673) or under the Antidumping Act, 1921 (title II
of the Act of May 27, 1921; 42 Stat. 11, chapter 14).
(2) Countervailing duties.--The term ``countervailing duties''
means countervailing duties imposed under section 701 of the Tariff
Act of 1930 (19 U.S.C. 1671).

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PROPERTY, ARCHAEOLOGICAL OR ETHNOLOGICAL MATERIALS, AND FISH,
WILDLIFE, AND PLANTS.
(a) In General.--The Commissioner and the Director of U.S.
Immigration and Customs Enforcement shall ensure that appropriate
personnel of U.S. Customs and Border Protection and U.S. Immigration
and Customs Enforcement, as the case may be, are trained in the
detection, identification, detention, seizure, and forfeiture of
cultural property, archaeological or ethnological materials, and fish,
wildlife, and plants, the importation, exportation, or trafficking 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 forfeiture of cultural property, archaeological
or ethnological materials, or fish, wildlife, and plants described in
subsection (a).

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RESPECT TO CERTAIN ACTS, POLICIES, AND PRACTICES.
Section 301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C.
2411(d)(3)(B)) is amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) in clause (iii)(V), by striking the period at the end and
inserting ``, or''; and
(3) by adding at the end the following:
``(iv) constitutes a persistent pattern of conduct by
the government of a foreign country under which that
government fails to effectively enforce commitments under
agreements to which the foreign country and the United
States are parties, including with respect to trade in
goods, trade in services, trade in agriculture, foreign
investment, intellectual property, digital trade in goods
and services and cross-border data flows, regulatory
practices, state-owned and state-controlled enterprises,
localization barriers to trade, labor and the environment,
anticorruption, trade remedy laws, textiles, and commercial
partnerships.''.

8022a0848b363939ef396a4520003e6c3bcc6d0f8aad43b310eb3903508b756f

(a) In General.--The Commissioner shall direct appropriate
personnel and the use of resources of U.S. Customs and Border
Protection to address concerns that honey is being imported into the
United States in violation of the customs and trade laws of the United
States.
(b) Country of Origin.--
(1) In general.--The Commissioner shall compile a 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 governments.--The Commissioner
shall seek to engage the customs agencies of foreign governments
for assistance in compiling the database described in paragraph
(1).
(3) Consultation with industry.--In compiling the 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 administration.--In
compiling the database described in paragraph (1), the Commissioner
shall consult with the Commissioner of Food and Drugs.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner shall submit to Congress a
report that--
(1) describes and assesses the limitations in the existing
analysis capabilities of laboratories with respect to determining
the country of origin of honey samples or the percentage of honey
contained in a sample; and
(2) includes any recommendations of the Commissioner for
improving such capabilities.
(d) Sense of Congress.--It is the sense of Congress that the
Commissioner of Food and Drugs should promptly establish a national
standard of identity for honey for the Commissioner of U.S. Customs and
Border Protection to use to ensure that imports of honey are--
(1) classified accurately for purposes of assessing duties; and
(2) denied entry into the United States if such imports pose a
threat to the health or safety of consumers in the United States.

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PROPERTY NEGOTIATOR.
(a) In General.--Section 141 of the Trade Act of 1974 (19 U.S.C.
2171) is amended--
(1) in subsection (b)(2)--
(A) by striking ``and one Chief Agricultural Negotiator''
and inserting ``, one Chief Agricultural Negotiator, and one
Chief Innovation and Intellectual Property Negotiator,'';
(B) by striking ``or the Chief Agricultural Negotiator''
and inserting ``, the Chief Agricultural Negotiator, or the
Chief Innovation and Intellectual Property Negotiator''; and
(C) by striking ``and the Chief Agricultural Negotiator''
and inserting ``, the Chief Agricultural Negotiator, and the
Chief Innovation and Intellectual Property Negotiator''; and
(2) in subsection (c)--
(A) by moving paragraph (5) 2 ems to the left; and
(B) by adding at the end the following:
``(6) The principal functions of the Chief Innovation and
Intellectual Property Negotiator shall be to conduct trade negotiations
and to enforce trade agreements relating to United States intellectual
property and to take appropriate actions to address acts, policies, and
practices of foreign governments that have a significant adverse impact
on the value of United States innovation. The Chief Innovation and
Intellectual Property Negotiator shall be a vigorous advocate on behalf
of United States innovation and intellectual property interests. The
Chief Innovation and Intellectual Property Negotiator shall perform
such other functions as the United States Trade Representative may
direct.''.
(b) Compensation.--Section 5314 of title 5, United States Code is
amended by striking ``Chief Agricultural Negotiator.'' and inserting
the following:
``Chief Agricultural Negotiator, Office of the United States Trade
Representative.
``Chief Innovation and Intellectual Property Negotiator, Office of
the United States Trade Representative.''.
(c) Report Required.--Not later than one year after the appointment
of the first Chief Innovation and Intellectual Property Negotiator
pursuant to paragraph (2) of section 141(b) of the Trade Act of 1974,
as amended by subsection (a), and annually thereafter, the United
States Trade Representative shall submit to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives a report describing in detail--
(1) enforcement actions taken by the Trade Representative
during the one-year period preceding the submission of the report
to ensure the protection of United States innovation and
intellectual property interests; and
(2) other actions taken by the Trade Representative to advance
United States innovation and intellectual property interests.

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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 Priority Watch List of the
United States Trade Representative.--
(1) In general.--Section 182 of the Trade Act of 1974 (19
U.S.C. 2242) is amended by striking subsection (g) and inserting
the following:
``(g) Special Rules for Foreign Countries on the Priority Watch
List.--
``(1) Action plans.--
``(A) In general.--Not later than 90 days after the date on
which the Trade Representative submits the National Trade
Estimate under section 181(b), the Trade Representative shall
develop an action plan described in subparagraph (C) with
respect to each foreign country described in subparagraph (B).
``(B) Foreign country described.--The Trade Representative
shall develop an action plan under subparagraph (A) with
respect to each foreign country that--
``(i) the Trade Representative has identified for
placement on the priority watch list; and
``(ii) has remained on such list for at least one year.
``(C) Action plan described.--An action plan developed
under subparagraph (A) shall contain the benchmarks described
in subparagraph (D) and be designed to assist the foreign
country--
``(i) to achieve--
``(I) adequate and effective protection of
intellectual property rights; and
``(II) fair and equitable market access for United
States persons that rely upon intellectual property
protection; or
``(ii) to make significant progress toward achieving
the goals described in clause (i).
``(D) Benchmarks described.--The benchmarks contained in an
action plan developed pursuant to subparagraph (A) are such
legislative, institutional, enforcement, or other actions as
the Trade Representative determines to be necessary for the
foreign country to achieve the goals described in clause (i) or
(ii) of subparagraph (C).
``(2) Failure to meet action plan benchmarks.--If, as of one
year after the date on which an action plan is developed under
paragraph (1)(A), the President, in consultation with the Trade
Representative, determines that the foreign country to which the
action plan applies has not substantially complied with the
benchmarks described in paragraph (1)(D), the 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 Representative pursuant to subsection (a).
``(h) Annual Report.--Not later than 30 days after the date on
which the Trade Representative submits the National Trade Estimate
under section 181(b), the Trade Representative shall submit 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) a list of any foreign countries identified under
subsection (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) Funding.--
(A) In general.--Amounts from the Trade Enforcement Trust
Fund established under section 611 may be expended by the
United States Trade Representative, only as provided by
appropriations Acts, to provide assistance to any developing
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 efforts 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 intellectual 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 or the
amendment made by this subsection shall be construed as limiting
the authority of the President or the United States Trade
Representative 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.

86e64bb05cd43412ad04c3bf397df3f2b9b666bc61b2c5d134e9f5689e01af7a

Preclearance Authorization Act of 2015 — HR. 644

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