[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 662 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 662

 To reauthorize trade facilitation and trade enforcement functions and 
                  activities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2013

 Mr. Baucus (for himself and Mr. Hatch) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
 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,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Facilitation 
and Trade Enforcement Reauthorization Act of 2013''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                     TITLE I--CUSTOMS ORGANIZATION

        Subtitle A--Functions Other Than Investigative Functions

Sec. 101. Establishment of U.S. Customs and Border Protection Agency; 
                            Commissioner.
Sec. 102. Officers and employees.
Sec. 103. Separate budget requests for U.S. Customs and Border 
                            Protection Agency.
Sec. 104. Revolving fund.
Sec. 105. Advances in foreign countries.
Sec. 106. Advances for enforcement of customs provisions.
Sec. 107. Certification of reason for advance.
Sec. 108. Payments in foreign countries; claims for reimbursement.
Sec. 109. Customs administration.
Sec. 110. Personnel.
Sec. 111. Authorization of appropriations.
                  Subtitle B--Investigative Functions

Sec. 121. Establishment of U.S. Immigration and Customs Enforcement 
                            Agency.
Sec. 122. Separate budget requests for U.S. Immigration and Customs 
                            Enforcement Agency.
Sec. 123. Undercover investigative operations.
Sec. 124. Authorization of appropriations.
   Subtitle C--Joint Strategic Plan on Trade Facilitation and Trade 
                              Enforcement

Sec. 131. Joint strategic plan on trade facilitation and trade 
                            enforcement.
   TITLE II--TRADE FACILITATION, TRADE ENFORCEMENT, AND TRANSPARENCY

            Subtitle A--Trade Facilitation and Transparency

Sec. 201. Improving partnership programs.
Sec. 202. Trade facilitation partnership program.
Sec. 203. Centers of Excellence and Expertise.
Sec. 204. Mutual recognition agreements.
Sec. 205. Customs Operations Advisory Committee.
Sec. 206. Automated Commercial Environment computer system.
Sec. 207. International Trade Data System.
Sec. 208. Electronic submission of public comments.
                     Subtitle B--Trade Enforcement

                    Chapter 1--Commercial Targeting

Sec. 211. Commercial Targeting Division and National Targeting and 
                            Analysis Groups.
Sec. 212. Annual illegal drug control law enforcement strategy.
Sec. 213. Report on oversight of revenue protection and enforcement 
                            measures by the inspector general.
Sec. 214. Report on security and revenue measures with respect to 
                            merchandise transported in bond.
Sec. 215. Importer of record program.
                  Chapter 2--Import Health and Safety

Sec. 221. Interagency Import Safety Working Group.
Sec. 222. Joint import safety rapid response plan.
Sec. 223. Training.
  Chapter 3--Import-Related Protection of Intellectual Property Rights

subchapter a--national intellectual property rights coordination center

Sec. 231. National Intellectual Property Rights Coordination Center.
           subchapter b--amendments to the tariff act of 1930

Sec. 241. Provision to rights owners of information about and samples 
                            of merchandise suspected of infringing 
                            trademarks or copyrights.
Sec. 242. Enforcement by the U.S. Customs and Border Protection Agency 
                            of works for which a copyright registration 
                            is pending.
Sec. 243. Seizure of circumvention devices.
                      subchapter c--other matters

Sec. 251. Definition of intellectual property rights.
Sec. 252. Joint strategic plan for the enforcement of intellectual 
                            property rights.
Sec. 253. Personnel dedicated to the enforcement of intellectual 
                            property rights.
Sec. 254. Training with respect to the enforcement of intellectual 
                            property rights.
Sec. 255. Information for travelers regarding violations of 
                            intellectual property rights.
Sec. 256. International cooperation and information sharing.
Sec. 257. Sense of Congress regarding recordation process.
Sec. 258. Report on intellectual property rights enforcement.
        Chapter 4--Coordination of Trade Enforcement Priorities

Sec. 261. Establishment of priority trade enforcement coordination 
                            centers.
    TITLE III--EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS

Sec. 301. Short title.
Sec. 302. Procedures for investigating claims of evasion of antidumping 
                            and countervailing duty orders.
Sec. 303. Annual report on prevention and investigation of evasion of 
                            antidumping and countervailing duty orders.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Consultation on trade and customs revenue functions.
Sec. 402. Drawback simplification.
Sec. 403. Penalties for customs brokers.
Sec. 404. Amendments to chapter 98 of the Harmonized Tariff Schedule of 
                            the United States.
Sec. 405. Charter flights.
Sec. 406. Pilot program to designate additional 24-hour commercial 
                            ports of entry.
Sec. 407. Elimination of consumptive demand exception to prohibition on 
                            importation of goods made with convict 
                            labor, forced labor, or indentured labor; 
                            report.
Sec. 408. Honey transshipment.
Sec. 409. Contraband archaeological or ethnological materials.
Sec. 410. De minimis value and entry under regulations.
Sec. 411. Repeal of authority of U.S. Customs and Border Protection 
                            Agency to enter into certain reimbursable 
                            fee agreements.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commercial operations.--The term ``commercial 
        operations'', with respect to the U.S. Customs and Border 
        Protection Agency, means the operations described in section 
        1(c)(2) of the Act of March 3, 1927 (44 Stat. 1381, chapter 
        348; 19 U.S.C. 2071), as amended by section 101 of this Act.
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection (as 
        established under section 1 of the Act of March 3, 1927 (44 
        Stat. 1381, chapter 348; 19 U.S.C. 2071), as amended by section 
        101 of this Act).
            (3) Customs operations advisory committee.--The term 
        ``Customs Operations Advisory Committee'' means the Advisory 
        Committee established under section 205 of this Act or any 
        successor committee.
            (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 Foreign Trade Zones Act (19 U.S.C. 81a et 
                seq.).
                    (I) Section 1 of the Act of March 2, 1911 (36 Stat. 
                965, chapter 191; 19 U.S.C. 198).
                    (J) The Trade Act of 1974 (19 U.S.C. 2102 et seq.).
                    (K) The Trade Agreements Act of 1979 (19 U.S.C. 
                2501 et seq.).
                    (L) The North American Free Trade 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. 1263, 
                chapter 566).
                    (X) Any other provision of law implementing a trade 
                agreement.
                    (Y) Any other provision of law vesting customs 
                revenue functions in the Secretary of the Treasury.
                    (Z) Any other provision of law relating to trade 
                facilitation or trade enforcement that is administered 
                by the U.S. Customs and Border Protection Agency on 
                behalf of any Federal agency that is required to 
                participate in the International Trade Data System.
                    (AA) Any other provision of customs or trade law 
                administered by the U.S. Customs and Border Protection 
                Agency or the U.S. Immigration and Customs Enforcement 
                Agency.
            (5) Customs revenue function.--The term ``customs revenue 
        function'' has the meaning given that term in section 415 of 
        the Homeland Security Act of 2002 (6 U.S.C. 215).
            (6) 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) involved in the importation or exportation 
                of merchandise into or out of the United States.
            (7) Trade enforcement.--The term ``trade enforcement'' 
        means the enforcement of the customs and trade laws of the 
        United States.
            (8) Trade facilitation.--The term ``trade facilitation'' 
        refers to policies and activities of the U.S. Customs and 
        Border Protection Agency 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.
            (9) Trade support network.--The term ``Trade Support 
        Network'' means the network of private sector entities that 
        provide input on the development of modernization projects of 
        the U.S. Customs and Border Protection Agency.

                     TITLE I--CUSTOMS ORGANIZATION

        Subtitle A--Functions Other Than Investigative Functions

SEC. 101. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION AGENCY; 
              COMMISSIONER.

    (a) In General.--The first section of the Act of March 3, 1927 (44 
Stat. 1381, chapter 348; 19 U.S.C. 2071), is amended to read as 
follows:

``SECTION 1. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION 
              AGENCY; COMMISSIONER.

    ``(a) Establishment of U.S. Customs and Border Protection Agency.--
There is established in the Department of Homeland Security the U.S. 
Customs and Border Protection Agency.
    ``(b) Establishment of Commissioner of U.S. Customs and Border 
Protection.--The head of the U.S. Customs and Border Protection Agency 
shall be a Commissioner of U.S. Customs and Border Protection (in this 
Act referred to as the `Commissioner'), who shall--
            ``(1) be appointed by the President, by and with the advice 
        and consent of the Senate;
            ``(2) carry out the duties described in subsection (c); and
            ``(3) report directly to the Secretary of Homeland 
        Security.
    ``(c) Duties.--
            ``(1) In general.--The duties of the Commissioner shall 
        include--
                    ``(A) coordinating and integrating the security, 
                trade facilitation, and trade enforcement functions of 
                the U.S. Customs and Border Protection Agency;
                    ``(B) directing the administration of the 
                commercial operations as described in paragraph (2) and 
                the noncommercial operations of the Agency;
                    ``(C) otherwise safeguarding the homeland security 
                interests of the United States;
                    ``(D) ensuring that the overall economic security 
                of the United States is not diminished by efforts, 
                activities, and programs aimed at securing the homeland 
                (as defined in section 2 of the Homeland Security Act 
                of 2002 (6 U.S.C. 101)); and
                    ``(E) carrying out the duties and powers prescribed 
                by law and such other duties as the Secretary of 
                Homeland Security or the Secretary of the Treasury, as 
                appropriate, may assign.
            ``(2) Commercial operations.--The commercial operations of 
        the U.S. Customs and Border Protection Agency shall include--
                    ``(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, as appropriate, 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 on trade 
                        facilitation and trade enforcement required 
                        under section 123A of the Customs and Trade Act 
                        of 1990;
                    ``(D) coordinating, on behalf of the Department of 
                Homeland Security, efforts among Federal agencies with 
                respect to trade facilitation and, as appropriate, 
                trade enforcement, including representing the 
                Department of Homeland Security in interagency fora 
                addressing such efforts;
                    ``(E) coordinating the efforts of the U.S. Customs 
                and Border Protection Agency with the efforts of 
                customs authorities of foreign countries to facilitate 
                international trade and enforce customs and trade laws;
                    ``(F) collecting, assessing, and disseminating 
                information as appropriate and in accordance with law, 
                regarding cargo destined for the United States, to 
                enhance trade facilitation and, as appropriate, trade 
                enforcement; and
                    ``(G) otherwise advising the Secretary of Homeland 
                Security with respect to the development of policies 
                associated with trade facilitation and, as appropriate, 
                trade enforcement.
    ``(d) Consultations.--
            ``(1) Resource needs.--In carrying out the duties described 
        in subsection (c), the Commissioner shall consult with the 
        Committee on Finance and Committee on Appropriations of the 
        Senate and the Committee on Ways and Means and the Committee on 
        Appropriations of the House of Representatives on a regular and 
        timely basis regarding the resource needs of the U.S. Customs 
        and Border Protection Agency to safeguard the economic security 
        interests of the United States at land borders and ports of 
        entry.
            ``(2) International negotiations.--The Commissioner shall 
        consult with the Committee on Finance of the Senate and the 
        Committee on Ways and Means of the House of Representatives on 
        a regular and timely basis regarding the status and substance 
        of international negotiations relating to the customs and trade 
        laws of the United States, or of foreign countries, in which 
        personnel of the U.S. Customs and Border Protection Agency are 
        participating.
            ``(3) Private sector input.--In carrying out the duties 
        described in subsection (c), the Commissioner shall solicit and 
        consider on a regular basis input from private sector entities, 
        including the Customs Operations Advisory Committee, the Trade 
        Support Network, and other entities affected by the efforts of 
        the Federal Government relating to trade facilitation and trade 
        enforcement, with respect to--
                    ``(A) the implementation of new or amended customs 
                and trade laws; and
                    ``(B) the development, implementation, or revision 
                of policies or regulations administered by the U.S. 
                Customs and Border Protection Agency.
    ``(e) Compensation.--The Commissioner shall be compensated at the 
rate of pay for level III of the Executive Schedule as provided in 
section 5314 of title 5, United States Code.
    ``(f) Absence or Disability of Commissioner.--The Deputy 
Commissioner for Trade, appointed pursuant to section 2, shall act as 
Commissioner during the absence or disability of the Commissioner or in 
the event that the position of Commissioner is vacant.
    ``(g) Definitions.--In this Act, the terms `Customs Operations 
Advisory Committee', `customs and trade laws of the United States', 
`private sector entity', `trade enforcement', `trade facilitation', and 
`Trade Support Network' have the meanings given those terms in section 
2 of the Trade Facilitation and Trade Enforcement Reauthorization Act 
of 2013.''.
    (b) Administrative Continuity.--The Act of March 3, 1927 (44 Stat. 
1381, chapter 348; 19 U.S.C. 2071 et seq.), is amended by striking 
section 3 (19 U.S.C. 2073) and all that follows and inserting the 
following:

``SEC. 3. TRANSFER OF FUNCTIONS, ASSETS, LIABILITIES, AND DUTIES.

    ``(a) In General.--Section 411 of the Homeland Security Act of 2002 
(6 U.S.C. 211) is repealed, and the functions and associated personnel, 
assets, and liabilities, identified under such section 411 on the day 
before the date of the enactment of the Trade Facilitation and Trade 
Enforcement Reauthorization Act of 2013 are transferred to the U.S. 
Customs and Border Protection Agency.
    ``(b) Continuation in Office.--The individual serving as 
Commissioner of Customs in the Department of Homeland Security on the 
day before the date of the enactment of the Trade Facilitation and 
Trade Enforcement Reauthorization Act of 2013 may serve as the 
Commissioner of the U.S. Customs and Border Protection Agency 
established under section 1 until the earlier of--
            ``(1) the date on which that individual is no longer 
        eligible to serve as Commissioner of Customs; or
            ``(2) the date on which an individual nominated by the 
        President to be the Commissioner of U.S. Customs and Border 
        Protection is confirmed by the Senate.''.
    (c) Conforming Amendments.--
            (1) Title 5.--Section 5314 of title 5, United States Code, 
        is amended by striking ``Commissioner of Customs, Department of 
        Homeland Security.'' and inserting ``Commissioner of U.S. 
        Customs and Border Protection, Department of Homeland 
        Security.''.
            (2) Table of contents.--The table of contents for the 
        Homeland Security Act of 2002 is amended by striking the item 
        relating to section 411 and inserting the following:

``Sec. 411. [Reserved].''.

SEC. 102. OFFICERS AND EMPLOYEES.

    (a) In General.--Section 2 of the Act of March 3, 1927 (44 Stat. 
1381, chapter 348; 19 U.S.C. 2072), is amended to read as follows:

``SEC. 2. DEPUTY COMMISSIONERS; TRADE ADVOCATE; OTHER OFFICERS.

    ``(a) Establishment of Deputy Commissioners.--
            ``(1) In general.--There shall be in the U.S. Customs and 
        Border Protection Agency established under section 1 not more 
        than 3 and not fewer than 2 deputy commissioners, each of whom 
        shall report directly to the Commissioner.
            ``(2) Senior executive service position.--The position of a 
        deputy commissioner established under paragraph (1) shall be a 
        Senior Executive Service position (as defined in section 
        3132(a) of title 5, United States Code).
    ``(b) Deputy Commissioner for Trade.--
            ``(1) In general.--One of the deputy commissioners 
        established under subsection (a)(1) shall be the Deputy 
        Commissioner for Trade.
            ``(2) Duties.--The duties of the Deputy Commissioner for 
        Trade shall include--
                    ``(A) overseeing the commercial operations of the 
                U.S. Customs and Border Protection Agency (as described 
                in section 1(c)(2));
                    ``(B) overseeing the Office of Trade established 
                under section 4 and the Office of International Affairs 
                established under section 5;
                    ``(C) overseeing the development and implementation 
                of all policies and regulations administered by the 
                Agency pursuant to the customs and trade laws of the 
                United States;
                    ``(D) coordinating the establishment of standards 
                and policies for developing, delivering, and evaluating 
                training programs for personnel of the Agency with 
                responsibility for trade facilitation and trade 
                enforcement;
                    ``(E) overseeing the development and implementation 
                of information technology, research, and communication 
                functions, including automation and modernization 
                strategies, that support the commercial operations of 
                the Agency, including the implementation of the 
                Automated Commercial Environment computer system 
                authorized under section 13031(f)(5) of the 
                Consolidated Omnibus Budget and Reconciliation Act of 
                1985 (19 U.S.C. 58c(f)(5)); and
                    ``(F) overseeing the administration of the 
                financial management activities of the Agency, 
                including accounting, budgeting, procurement, 
                logistics, financial systems, policy, planning, and 
                audit oversight.
            ``(3) Qualifications.--An individual appointed to be the 
        Deputy Commissioner for Trade shall have a minimum of 10 years 
        of professional experience in the operation of the customs and 
        trade laws of the United States, not less than 3 of which shall 
        involve either working with or for the private sector on 
        matters relating to trade facilitation or trade enforcement.
            ``(4) Absence or disability of deputy commissioner for 
        trade.--The Assistant Commissioner of the Office of Trade, 
        established under section 4, shall act as the Deputy 
        Commissioner for Trade during the absence or disability of the 
        Deputy Commissioner for Trade or in the event that the position 
        of Deputy Commissioner for Trade is vacant.
    ``(c) Trade Advocate.--
            ``(1) Establishment.--
                    ``(A) In general.--There shall be in the office of 
                the Commissioner a Trade Advocate, who shall be 
                appointed by and report directly to the Commissioner.
                    ``(B) Senior executive service position.--The 
                position of Trade Advocate shall be a Senior Executive 
                Service position (as defined in section 3132(a) of 
                title 5, United States Code).
            ``(2) Duties.--The duties of the Trade Advocate shall 
        include--
                    ``(A) developing and maintaining strategic 
                communications with private sector entities and the 
                public to enhance trade facilitation and trade 
                enforcement;
                    ``(B) serving as the primary liaison between the 
                U.S. Customs and Border Protection Agency and private 
                sector entities and the public with respect to the 
                Agency's trade facilitation and trade enforcement 
                functions;
                    ``(C) consulting with private sector entities, 
                including the Customs Operations Advisory Committee and 
                the Trade Support Network, for their input with respect 
                to--
                            ``(i) the development, implementation, and 
                        impact of policies and regulations administered 
                        by the Agency;
                            ``(ii) the development of the joint 
                        strategic plan on trade facilitation and trade 
                        enforcement required under section 123A of the 
                        Customs and Trade Act of 1990;
                            ``(iii) the assessment of the effectiveness 
                        of the trade facilitation and trade enforcement 
                        activities of the Agency;
                            ``(iv) trade modernization activities, 
                        including the development and implementation of 
                        the Automated Commercial Environment computer 
                        system authorized under section 13031(f)(5) of 
                        the Consolidated Omnibus Budget and 
                        Reconciliation Act of 1985 (19 U.S.C. 
                        58c(f)(5)) and support for the establishment of 
                        the International Trade Data System under the 
                        oversight of the Department of the Treasury 
                        pursuant to section 411(d) of the Tariff Act of 
                        1930 (19 U.S.C. 1411(d));
                            ``(v) the identification of private sector 
                        resources and capabilities that will supplement 
                        the trade facilitation and trade enforcement 
                        activities of the Agency;
                    ``(D) advising the Commissioner with respect to the 
                consultations described in subparagraph (C);
                    ``(E) promoting existing public-private 
                partnerships and developing new public-private 
                partnerships to enhance the trade facilitation and 
                trade enforcement activities of the Agency; and
                    ``(F) otherwise consulting with private sector 
                entities and the public as directed by the Commissioner 
                or by law.
            ``(3) Qualifications.--An individual appointed to be the 
        Trade Advocate shall have a minimum of 10 years of professional 
        experience working with the customs and trade laws of the 
        United States, not less than 3 of which shall have been spent 
        working in the private sector.
            ``(4) Elimination of office of trade relations.--
                    ``(A) Transfer.--Not later than 30 days after the 
                date of the enactment of the Trade Facilitation and 
                Trade Enforcement Reauthorization Act of 2013, the 
                Secretary of Homeland Security shall transfer the 
                assets, functions, personnel, and liabilities of the 
                Office of Trade Relations of the U.S. Customs and 
                Border Protection Agency to the Trade Advocate 
                established under paragraph (1).
                    ``(B) Elimination.--Not later than 30 days after 
                the date of the enactment of the Trade Facilitation and 
                Trade Enforcement Reauthorization Act of 2013, the 
                Office of Trade Relations shall be abolished.
                    ``(C) Limitation on funds.--No funds appropriated 
                to the Agency or the Department of Homeland Security 
                may be used to transfer the assets, functions, 
                personnel, and liabilities of the Office of Trade 
                Relations to an office or official other than the Trade 
                Advocate established under paragraph (1).
    ``(d) Other Officers.--The Commissioner may appoint such other 
officers as are necessary to manage the individual offices within the 
U.S. Customs and Border Protection Agency. Any appointment of personnel 
under this subsection shall be subject to the provisions of the civil 
service laws, and the salaries shall be fixed in accordance with 
chapter 51 and subchapter III of chapter 53 of title 5, United States 
Code.''.
    (b) Trade Offices and Functions.--The Act of March 3, 1927 (44 
Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), is amended by adding 
at the end the following:

``SEC. 4. OFFICE OF TRADE.

    ``(a) Establishment of Office of Trade.--There shall be in the U.S. 
Customs and Border Protection Agency an Office of Trade, which shall be 
headed by an Assistant Commissioner for Trade.
    ``(b) Transfer of Assets, Function, and Personnel; Elimination of 
Offices.--
            ``(1) Office of international trade.--
                    ``(A) Transfer.--Not later than 30 days after the 
                date of the enactment of the Trade Facilitation and 
                Trade Enforcement Reauthorization Act of 2013, the 
                Secretary of Homeland Security shall transfer the 
                assets, functions, personnel, and liabilities of the 
                Office of International Trade to the Office of Trade 
                established under subsection (a).
                    ``(B) Elimination.--Not later than 30 days after 
                the date of the enactment of the Trade Facilitation and 
                Trade Enforcement Reauthorization Act of 2013, the 
                Office of International Trade shall be abolished.
                    ``(C) Limitation on funds.--No funds appropriated 
                to the U.S. Customs and Border Protection Agency or the 
                Department of Homeland Security may be used to transfer 
                the assets, functions, personnel, and liabilities of 
                the Office of International Trade to an office other 
                than the Office of Trade established under subsection 
                (a).
                    ``(D) Office of international trade defined.--In 
                this paragraph, the term `Office of International 
                Trade' means the Office of International Trade 
                established under subsection (d) of section 2 of this 
                Act, as added by section 402 of the Security and 
                Accountability for Every Port Act of 2006 (Public Law 
                109-347; 120 Stat. 1924), and as in effect on the day 
                before the date of the enactment of the Trade 
                Facilitation and Trade Enforcement Reauthorization Act 
                of 2013.
            ``(2) Other transfers.--
                    ``(A) In general.--The Commissioner is authorized 
                to transfer any other assets, functions, or personnel 
                within the U.S. Customs and Border Protection Agency to 
                the Office of Trade established under subsection (a).
                    ``(B) Congressional notification.--Not less than 90 
                days prior to the transfer of assets, functions, or 
                personnel under subparagraph (A), the Commissioner 
                shall notify the Committee on Finance of the Senate and 
                the Committee on Ways and Means of the House of 
                Representatives of the specific assets, functions, or 
                personnel to be transferred, and the reason for the 
                transfer.
    ``(c) Assistant Commissioner for Trade.--
            ``(1) Appointment.--
                    ``(A) In general.--The Commissioner shall appoint 
                an Assistant Commissioner for Trade who shall--
                            ``(i) be the head of the Office of Trade; 
                        and
                            ``(ii) report to the Deputy Commissioner 
                        for Trade of the U.S. Customs and Border 
                        Protection Agency.
                    ``(B) Senior executive service position.--The 
                position of Assistant Commissioner for Trade shall be a 
                Senior Executive Service position (as defined in 
                section 3132(a) of title 5, United States Code).
            ``(2) Qualifications.--An individual appointed to be the 
        Assistant Commissioner for Trade shall have a minimum of 10 
        years of professional experience in the operation of the 
        customs and trade laws of the United States, not less than 3 of 
        which shall involve either working with or for the private 
        sector on matters relating to trade facilitation or trade 
        enforcement.
            ``(3) Duties.--The duties of the Assistant Commissioner for 
        Trade shall include--
                    ``(A) directing the development and implementation, 
                pursuant to the customs and trade laws of the United 
                States, of policies and regulations administered by the 
                U.S. Customs and Border Protection Agency;
                    ``(B) advising the Deputy Commissioner for Trade 
                with respect to the impact on trade facilitation and 
                trade enforcement of any policy or regulation otherwise 
                proposed or administered by the Agency;
                    ``(C) cooperating with the Assistant Commissioner 
                for Field Operations with respect to the trade 
                facilitation and trade enforcement activities of the 
                Agency carried out at the land borders and ports of 
                entry of the United States;
                    ``(D) directing the development and implementation 
                of matters relating to the priority trade issues 
                identified by the Commissioner in the joint strategic 
                plan on trade facilitation and trade enforcement 
                required under section 123A of the Customs and Trade 
                Act of 1990;
                    ``(E) otherwise advising the Commissioner with 
                respect to the development and implementation of the 
                joint strategic plan;
                    ``(F) directing the trade enforcement activities of 
                the Agency, including the activities of the National 
                Targeting and Analysis Groups established under section 
                211 of the Trade Facilitation and Trade Enforcement 
                Reauthorization Act of 2013;
                    ``(G) overseeing the trade modernization activities 
                of the Agency, including the development and 
                implementation of the Automated Commercial Environment 
                computer system authorized under section 13031(f)(5) of 
                the Consolidated Omnibus Budget and Reconciliation Act 
                of 1985 (19 U.S.C. 58c(f)(5)) and support for the 
                establishment of the International Trade Data System 
                under the oversight of the Department of the Treasury 
                pursuant to section 411(d) of the Tariff Act of 1930 
                (19 U.S.C. 1411(d));
                    ``(H) directing the administration of customs 
                revenue functions as otherwise provided by law or 
                delegated by the Commissioner; and
                    ``(I) preparing an annual report to be submitted to 
                the Committee on Finance of the Senate and the 
                Committee on Ways and Means of the House of 
                Representatives not later than March 1 of each calendar 
                year that includes--
                            ``(i) a summary of the changes to customs 
                        policies and regulations adopted by the Agency 
                        during the preceding calendar year; and
                            ``(ii) a description of the public vetting 
                        and interagency consultation that occurred with 
                        respect to each such change.
            ``(4) Continuation in office.--The individual serving as 
        the Assistant Commissioner of the Office of International Trade 
        on the day before the date of the enactment of the Trade 
        Facilitation and Trade Enforcement Reauthorization Act of 2013 
        may serve as the Assistant Commissioner for Trade on or after 
        such date of enactment, at the discretion of the Commissioner.

``SEC. 5. OFFICE OF INTERNATIONAL AFFAIRS.

    ``(a) Establishment of Office of International Affairs.--There 
shall be in the U.S. Customs and Border Protection Agency an Office of 
International Affairs, which shall be headed by an Assistant 
Commissioner for International Affairs.
    ``(b) Assistant Commissioner for International Affairs.--
            ``(1) Appointment.--
                    ``(A) In general.--The Commissioner shall appoint 
                an Assistant Commissioner for International Affairs who 
                shall--
                            ``(i) be the head of the Office of 
                        International Affairs; and
                            ``(ii) report to the Deputy Commissioner 
                        for Trade of the U.S. Customs and Border 
                        Protection Agency.
                    ``(B) Senior executive service position.--The 
                position of Assistant Commissioner for International 
                Affairs shall be a Senior Executive Service position 
                (as defined in section 3132(a) of title 5, United 
                States Code).
            ``(2) Qualifications.--An individual appointed to be the 
        Assistant Commissioner for International Affairs shall have a 
        minimum of 10 years of professional experience in the operation 
        of the customs and trade laws of the United States, not less 
        than 3 of which shall involve either working with or for the 
        private sector on matters relating to trade facilitation or 
        trade enforcement.
            ``(3) Duties.--The duties of the Assistant Commissioner for 
        International Affairs shall include--
                    ``(A) coordinating the initiatives, programs, and 
                activities of the U.S. Customs and Border Protection 
                Agency in foreign countries, including employees of the 
                Agency in foreign countries;
                    ``(B) advising the Commissioner with respect to 
                matters arising in the World Customs Organization and, 
                if appropriate, the World Trade Organization and other 
                international organizations;
                    ``(C) ensuring that the policies and regulations of 
                the Agency are consistent with the obligations of the 
                United States pursuant to international agreements;
                    ``(D) coordinating with other Federal agencies on 
                international efforts to enhance trade facilitation and 
                trade enforcement by the Agency;
                    ``(E) coordinating with the customs authorities of 
                foreign countries with respect to trade facilitation 
                and, as appropriate, trade enforcement; and
                    ``(F) providing training and capacity building to 
                customs authorities of foreign countries.
            ``(4) Continuation in office.--The individual serving as 
        the Assistant Commissioner of the Office of International 
        Affairs on the day before the date of the enactment of the 
        Trade Facilitation and Trade Enforcement Reauthorization Act of 
        2013 may serve as the Assistant Commissioner for International 
        Affairs on or after such date of enactment, at the discretion 
        of the Commissioner.

``SEC. 6. COORDINATION BETWEEN THE ASSISTANT COMMISSIONER FOR TRADE AND 
              THE ASSISTANT COMMISSIONER FOR FIELD OPERATIONS.

    ``To advance the security, trade facilitation, and trade 
enforcement missions of the U.S. Customs and Border Protection Agency, 
the Commissioner shall ensure that the Assistant Commissioner for Trade 
and the Assistant Commissioner for Field Operations of the Agency work 
together on--
            ``(1) trade facilitation and trade enforcement activities 
        at United States ports of entry;
            ``(2) operational training of personnel within the Office 
        of Field Operations at United States ports of entry to 
        administer trade facilitation and trade enforcement activities;
            ``(3) evaluating the operational effectiveness of the trade 
        facilitation and trade enforcement activities at United States 
        ports of entry by personnel of the Office of Field Operations;
            ``(4) cooperating with the Trade Advocate established under 
        section 2(c) to ensure that any information received from 
        private sector entities regarding the trade facilitation and 
        trade enforcement activities of the Agency is considered;
            ``(5) ensuring the uniform administration and 
        implementation among United States ports of entry of new or 
        revised customs and trade laws, policies, or regulations 
        related to the trade facilitation and trade enforcement 
        activities of the Agency;
            ``(6) implementing the operational provisions of the joint 
        strategic plan on trade facilitation and trade enforcement 
        required under section 123A of the Customs and Trade Act of 
        1990 related to the trade facilitation and trade enforcement 
        activities of the Agency at United States ports of entry;
            ``(7) in cooperation with the Office of International 
        Affairs established under section 5, ensuring that trade 
        facilitation and trade enforcement activities comply with 
        obligations of the United States pursuant to international 
        agreements;
            ``(8) ensuring the prompt collection of available data 
        regarding cargo that violates the customs and trade laws of the 
        United States, and the prompt issuance of Trade Alerts pursuant 
        to section 211 of the Trade Facilitation and Trade Enforcement 
        Reauthorization Act of 2013; and
            ``(9) otherwise overseeing the trade facilitation and trade 
        enforcement activities of personnel within the Office of Field 
        Operations at United States ports of entry.

``SEC. 7. ESTABLISHMENT OF TRADE FACILITATION AND TRADE ENFORCEMENT 
              DIVISION IN OFFICE OF FIELD OPERATIONS; DIVISION 
              PERSONNEL.

    ``(a) Establishment.--There is established in the Office of Field 
Operations of the U.S. Customs and Border Protection Agency a Trade 
Facilitation and Trade Enforcement Division.
    ``(b) Division Personnel.--
            ``(1) Headquarters personnel.--The Commissioner shall 
        assign sufficient personnel to operate the Trade Facilitation 
        and Trade Enforcement Division in the Office of Field 
        Operations established under subsection (a).
            ``(2) Commercial enforcement officers.--
                    ``(A) In general.--Not later than 180 days after 
                the date of the enactment of the Trade Facilitation and 
                Trade Enforcement Reauthorization Act of 2013, the 
                Commissioner shall designate and dedicate within the 
                Office of Field Operations not fewer than 40 commercial 
                enforcement officers.
                    ``(B) Assignment.--The Commissioner shall assign 
                the commercial enforcement officers authorized under 
                this subsection among the 40 United States ports of 
                entry that experienced the highest volume of trade 
                during fiscal year 2013.
                    ``(C) Duties.--The duties of a commercial 
                enforcement officer shall be--
                            ``(i) to supervise all trade enforcement 
                        activities of personnel of the Office of Field 
                        Operations at the port of entry to which the 
                        commercial enforcement officer has been 
                        assigned;
                            ``(ii) to coordinate with the Office of 
                        Trade all trade enforcement activities at that 
                        port of entry;
                            ``(iii) to direct the training of personnel 
                        at that port of entry to effectuate the trade 
                        enforcement activities of the Office of Field 
                        Operations; and
                            ``(iv) to otherwise conduct trade 
                        enforcement activities at that port of entry.

``SEC. 8. CUSTOMS FACILITATION AND ENFORCEMENT INTERAGENCY COMMITTEE.

    ``(a) Establishment.--The Commissioner shall establish a Customs 
Facilitation and Enforcement Interagency Committee (in this section 
referred to as the `Committee') to improve coordination and 
collaboration among Federal agencies with respect to trade facilitation 
and trade enforcement.
    ``(b) Functions.--The functions of the Committee shall include--
            ``(1) advising the Commissioner with respect to policies or 
        regulations of the U.S. Customs and Border Protection Agency 
        that may significantly affect--
                    ``(A) the trade facilitation and trade enforcement 
                missions of the Agency; or
                    ``(B) the international trade policy, trade 
                commitments, or trade competitiveness of the United 
                States;
            ``(2) consulting with the Commissioner with respect to the 
        development and implementation of policies of agencies that are 
        represented on the Committee that significantly affect the 
        trade facilitation and trade enforcement missions of the 
        Agency;
            ``(3) reviewing recommendations of and addressing concerns 
        identified by the Customs Facilitation and Enforcement Review 
        Group established under subsection (d); and
            ``(4) such other functions as are agreed on by the 
        Commissioner and the members of the Committee.
    ``(c) Membership.--The members of the Committee shall be the 
following:
            ``(1) The Commissioner.
            ``(2) The Deputy Commissioner for Trade of the U.S. Customs 
        and Border Protection Agency.
            ``(3) The Assistant Secretary for Tax Policy of the 
        Department of the Treasury.
            ``(4) The Administrator of the Animal and Plant Health 
        Inspection Service of the Department of Agriculture.
            ``(5) The Director of the Bureau of Alcohol, Tobacco, 
        Firearms, and Explosives of the Department of Justice.
            ``(6) The Chairman of the Consumer Product Safety 
        Commission.
            ``(7) The Administrator of the Environmental Protection 
        Agency.
            ``(8) The Commissioner of Food and Drugs of the Department 
        of Health and Human Services.
            ``(9) The Administrator of the Food Safety and Inspection 
        Service of the Department of Agriculture.
            ``(10) The Director of U.S. Immigration and Customs 
        Enforcement of the Department of Homeland Security.
            ``(11) The Administrator of the National Highway Traffic 
        Safety Administration of the Department of Transportation.
            ``(12) The Assistant Administrator for Fisheries of the 
        National Oceanic and Atmospheric Administration of the 
        Department of Commerce.
            ``(13) The Under Secretary for International Trade of the 
        Department of Commerce.
            ``(14) A Deputy United States Trade Representative.
            ``(15) Senior officials of such other Federal agencies as 
        the Commissioner determines appropriate.
    ``(d) Customs Facilitation and Enforcement Review Group.--
            ``(1) Establishment.--The Committee shall establish a 
        Customs Facilitation and Enforcement Review Group (in this 
        subsection referred to as the `Review Group') as a subordinate 
        body of the Committee.
            ``(2) Membership.--The members of the Review Group shall 
        be--
                    ``(A) the Deputy Commissioner for Trade of the U.S. 
                Customs and Border Protection Agency or another senior 
                official of the Agency designated by the Commissioner, 
                who shall serve as chairperson of the Review Group; and
                    ``(B) a senior official of each agency represented 
                on the Committee.
            ``(3) Meetings.--The Deputy Commissioner for Trade shall 
        convene the Review Group as needed to carry out the functions 
        of the Review Group under paragraph (4) and any other duties 
        assigned to the Review Group by the Committee.
            ``(4) Functions.--The functions of the Review Group shall 
        include--
                    ``(A) reviewing, and advising the Committee with 
                respect to, proposed policies, procedures, regulations, 
                and activities of the U.S. Customs and Border 
                Protection Agency that may significantly affect--
                            ``(i) the trade facilitation and trade 
                        enforcement missions of the Agency; or
                            ``(ii) the international trade policy, 
                        trade commitments, or trade competitiveness of 
                        the United States;
                    ``(B) advising the Committee with respect to the 
                development and implementation of policies, procedures, 
                regulations, and activities of agencies represented on 
                the Committee that significantly affect the trade 
                facilitation and trade enforcement missions of the 
                Agency; and
                    ``(C) such other functions as the Committee may 
                direct.''.
    (c) Conforming Amendment.--Section 5315 of title 5, United States 
Code, is amended by adding at the end the following:
            ``Deputy Commissioners of U.S. Customs and Border 
        Protection, Department of Homeland Security (3).''.
    (d) Conforming Repeal.--Section 650 of the Tariff Act of 1930 (19 
U.S.C. 1650) is repealed.

SEC. 103. SEPARATE BUDGET REQUESTS FOR U.S. CUSTOMS AND BORDER 
              PROTECTION AGENCY.

    (a) In General.--The President shall include in each budget 
transmitted to Congress under section 1105 of title 31, United States 
Code, two separate budget requests for the U.S. Customs and Border 
Protection Agency--
            (1) one for the commercial operations of the Agency; and
            (2) one for the noncommercial operations of the Agency.
    (b) Repeal.--
            (1) In general.--Section 414 of the Homeland Security Act 
        of 2002 (6 U.S.C. 214) is repealed.
            (2) Conforming amendment.--The table of contents for the 
        Homeland Security Act of 2002 is amended by striking the item 
        relating to section 414 and inserting the following:

``Sec. 414. [Reserved].''.

SEC. 104. REVOLVING FUND.

    The matter under the heading ``revolving fund, bureau of customs'' 
in the Treasury and Post Office Departments Appropriation Act, 1950 (63 
Stat. 360, chapter 286; 19 U.S.C. 2074), is amended by striking 
``United States Customs Service'' and inserting ``U.S. Customs and 
Border Protection Agency''.

SEC. 105. ADVANCES IN FOREIGN COUNTRIES.

    The matter under the heading ``bureau of customs'' in the Treasury 
Department Appropriation Act 1940 (53 Stat. 660, chapter 115; 19 U.S.C. 
2076) is amended in the last proviso by striking ``Bureau of Customs'' 
and inserting ``U.S. Customs and Border Protection Agency or the U.S. 
Immigration and Customs Enforcement Agency''.

SEC. 106. ADVANCES FOR ENFORCEMENT OF CUSTOMS PROVISIONS.

    Section 2 of the Act of March 28, 1928 (45 Stat. 374, chapter 266; 
19 U.S.C. 2077), is amended to read as follows:

``SEC. 2. ADVANCES FOR ENFORCEMENT OF CUSTOMS PROVISIONS.

    ``The Commissioner of U.S. Customs and Border Protection and the 
Director of U.S. Immigration and Customs Enforcement, with the approval 
of the Secretary of Homeland Security and the Secretary of the 
Treasury, are each authorized to direct the advance of funds by the 
Fiscal Service of the Department of the Treasury in connection with the 
enforcement of the customs and trade laws of the United States (as 
defined in section 2 of the Trade Facilitation and Trade Enforcement 
Reauthorization Act of 2013).''.

SEC. 107. CERTIFICATION OF REASON FOR ADVANCE.

    Section 3 of the Act of March 28, 1928 (45 Stat. 374, chapter 266; 
19 U.S.C. 2078), is amended by striking ``Commissioner of Customs'' and 
inserting ``Commissioner of U.S. Customs and Border Protection or the 
Director of U.S. Immigration and Customs Enforcement''.

SEC. 108. PAYMENTS IN FOREIGN COUNTRIES; CLAIMS FOR REIMBURSEMENT.

    Section 4 of the Act of March 28, 1928 (45 Stat. 374, chapter 266; 
19 U.S.C. 2079), is amended to read as follows:

``SEC. 4. PAYMENTS IN FOREIGN COUNTRIES; CLAIMS FOR REIMBURSEMENT.

    ``The provisions of this Act shall not affect payments made for the 
U.S. Customs and Border Protection Agency or the U.S. Immigration and 
Customs Enforcement Agency in foreign countries, or the right of any 
officer or employee of either such Agency to claim reimbursement for 
personal funds expended in connection with the enforcement of the 
customs and trade laws of the United States (as defined in section 2 of 
the Trade Facilitation and Trade Enforcement Reauthorization Act of 
2013).''.

SEC. 109. CUSTOMS ADMINISTRATION.

    Section 113 of the Customs and Trade Act of 1990 (19 U.S.C. 2082) 
is amended to read as follows:

``SEC. 113. CUSTOMS ADMINISTRATION.

    ``(a) In General.--The Commissioner of U.S. Customs and Border 
Protection and the Director of U.S. Immigration and Customs Enforcement 
each shall--
            ``(1) develop and implement accounting systems that 
        accurately determine and report the allocation of the personnel 
        and other resources of the U.S. Customs and Border Protection 
        Agency and the U.S. Immigration and Customs Enforcement Agency 
        among the various operational functions of each Agency, such as 
        merchandise processing, passenger processing, drug enforcement, 
        trade facilitation, and trade enforcement; and
            ``(2) develop and implement periodic labor distribution 
        surveys of major workforce activities within the U.S. Customs 
        and Border Protection Agency and the U.S. Immigration and 
        Customs Enforcement Agency to determine the cost of the various 
        operational functions of each Agency and the extent to which 
        the costs of one Agency are covered by the other Agency.
    ``(b) Survey Reports.--Not later than one year after the date of 
the enactment of the Trade Facilitation and Trade Enforcement 
Reauthorization Act of 2013, the Commissioner of U.S. Customs and 
Border Protection and the Director of U.S. Immigration and Customs 
Enforcement shall each 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 results of the first surveys implemented under subsection 
(a)(2).''.

SEC. 110. PERSONNEL.

    (a) In General.--Subsection (a) of section 401 of the Security and 
Accountability for Every Port Act of 2006 (6 U.S.C. 115) is amended to 
read as follows:
    ``(a) Director of Trade Policy.--
            ``(1) In general.--There shall be in the Office of Policy 
        of the Department of Homeland Security a Director of Trade 
        Policy, who shall--
                    ``(A) coordinate with the Commissioner of U.S. 
                Customs and Border Protection and the Director of U.S. 
                Immigration and Customs Enforcement to ensure that the 
                economic security interests of the United States 
                associated with international trade, including trade 
                facilitation and trade enforcement (as defined in 
                section 2 of the Trade Facilitation and Trade 
                Enforcement Reauthorization Act of 2013), are 
                considered in the development and implementation of 
                policies within the Department of Homeland Security;
                    ``(B) engage with law enforcement and customs 
                authorities of foreign countries and private sector 
                entities to build on existing efforts to develop, 
                strengthen, and implement international standards for 
                securing key systems of the global economy and more 
                effectively facilitating trade; and
                    ``(C) submit to the Committee on Finance of the 
                Senate and the Committee on Ways and Means of the House 
                of Representatives, not later than December 15 of each 
                year, a report describing how the Department of 
                Homeland Security accounted for the economic security 
                interests of the United States associated with 
                international trade, including trade facilitation and 
                trade enforcement, in developing and implementing 
                policies during the preceding fiscal year.
            ``(2) Qualifications.--The Director of Trade Policy shall 
        have significant experience in the development, operation, or 
        administration of the customs and trade laws of the United 
        States (as defined in section 2 of the Trade Facilitation and 
        Trade Enforcement Reauthorization Act of 2013).''.
    (b) New Personnel.--Subsection (c) of section 412 of the Homeland 
Security Act of 2002 (6 U.S.C. 212(c)) is amended to read as follows:
    ``(c) New Personnel.--Not later than 90 days after the date of the 
enactment of the Trade Facilitation and Trade Enforcement 
Reauthorization Act of 2013, the Secretary of the Treasury shall 
designate and dedicate not fewer than 5 and not more than 20 full-time 
equivalent personnel to work exclusively with the Deputy Assistant 
Secretary of the Treasury for Tax, Trade, and Tariff Policy in the 
performance and oversight of customs revenue functions.''.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 301 of the Customs Procedural Reform and 
Simplification Act of 1978 (19 U.S.C. 2075) is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by striking subsections (a) through (g) and inserting 
        the following:
    ``(a) In General.--
            ``(1) Fiscal year 2014 and each fiscal year thereafter.--
        For fiscal year 2014 and each fiscal year thereafter, there are 
        authorized to be appropriated to the Department of Homeland 
        Security for the U.S. Customs and Border Protection Agency only 
        such sums as may hereafter be authorized by law.
            ``(2) Requirement for authorization.--The authorization of 
        appropriations for the U.S. Customs and Border Protection 
        Agency for fiscal year 2014 and each fiscal year thereafter 
        shall specify--
                    ``(A) the amount authorized for the fiscal year for 
                the salaries and expenses of the Agency in conducting 
                commercial operations (as described in section 1(c)(2) 
                of the Act of March 3, 1927 (44 Stat. 1381, chapter 
                348; 19 U.S.C. 2071)); and
                    ``(B) the amount authorized for the fiscal year for 
                the salaries and expenses of the Agency for 
                noncommercial operations.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated for the salaries and expenses of the U.S. Customs and 
Border Protection Agency that are incurred in commercial operations 
such sums as are necessary for fiscal years 2014 through 2018.
    ``(c) Customs User Fee Account.--The monies authorized to be 
appropriated pursuant to subsection (b) for any fiscal year, except for 
such sums as may be necessary for the salaries and expenses of the U.S. 
Customs and Border Protection Agency that are incurred in connection 
with the processing of merchandise that is exempt from the fees imposed 
pursuant to paragraphs (9) and (10) of section 13031(a) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(a)), shall be appropriated from the Customs User Fee Account.
    ``(d) Mandatory 10-Day Deferment.--No part of the funds 
appropriated pursuant to subsection (a) for any fiscal year may be used 
to provide less time for the collection of estimated duties than the 
10-day deferment procedure in effect on January 1, 1981.
    ``(e) Overtime Pay Limitations; Waiver.--No part of the funds 
appropriated pursuant to subsection (a) for any fiscal year may be used 
for administrative expenses to pay any employee of the U.S. Customs and 
Border Protection Agency overtime pay in an amount exceeding $35,000 
unless the Secretary of Homeland Security, or the designee of the 
Secretary, determines on an individual basis that payment of overtime 
pay to such employee in an amount exceeding $35,000 is necessary for 
national security purposes, to prevent excessive costs, or to meet 
emergency requirements of the Agency.
    ``(f) Pay Comparability Authorization.--For fiscal year 2014 and 
each fiscal year thereafter, there are authorized to be appropriated to 
the Department of Homeland Security for salaries of the U.S. Customs 
and Border Protection Agency such additional sums as may be provided by 
law to reflect pay rate changes made in accordance with subchapter I of 
chapter 53 of title 5, United States Code.
    ``(g) Use of Savings Resulting From Administrative 
Consolidations.--If savings in salaries and expenses result from the 
consolidation of administrative functions within the U.S. Customs and 
Border Protection Agency, the Commissioner of U.S. Customs and Border 
Protection shall apply the savings, to the extent the savings are not 
needed to meet emergency requirements of the Agency, to strengthening 
the commercial operations of the Agency.
    ``(h) Allocation of Resources; Report to Congressional 
Committees.--The Commissioner of U.S. Customs and Border Protection 
shall notify the Committee on Finance of the Senate and the Committee 
on Ways and Means of the House of Representatives at least 180 days 
prior to taking any action that would--
            ``(1) result in any significant reduction in force of 
        employees of the U.S. Customs and Border Protection Agency 
        other than by means of attrition;
            ``(2) result in any significant reduction in hours of 
        operation or services rendered at any office of the Agency or 
        any United States port of entry;
            ``(3) eliminate or relocate any office of the Agency;
            ``(4) eliminate any United States port of entry; or
            ``(5) significantly reduce the number of employees assigned 
        to any office or any function of the Agency.''.
    (b) Resource Optimization Model.--Subsection (i) of section 301 of 
the Customs Procedural Reform and Simplification Act of 1978, as 
redesignated by subsection (a), is amended by striking ``Resource 
Allocation Model'' each place it appears in the text and in the heading 
and inserting ``Resource Optimization Model''.
    (c) Conforming Amendments.--
            (1) In general.--Subsection (c) of section 5 of the Act of 
        February 13, 1911 (36 Stat. 901, chapter 46; 19 U.S.C. 267), is 
        amended to read as follows:
    ``(c) Limitations.--
            ``(1) Fiscal year cap.--The aggregate of overtime pay under 
        subsection (a) (including commuting compensation under 
        subsection (a)(2)(B)) and premium pay under subsection (b) that 
        an employee of the U.S. Customs and Border Protection Agency 
        may be paid in any fiscal year may not exceed $35,000 unless 
        the Secretary of Homeland Security, or the designee of the 
        Secretary, determines on an individual basis that payment of 
        overtime pay to such employee in an amount exceeding $35,000 is 
        necessary for national security purposes, to prevent excessive 
        costs, or to meet emergency requirements of the Agency.
            ``(2) Exclusivity of pay under this section.--An employee 
        of the Agency who receives overtime pay under subsection (a), 
        or premium pay under subsection (b) for time worked, may not 
        receive pay or other compensation for that work under any other 
        provision of law.''.
            (2) Basic pay.--Section 8331(3)(G) of title 5, United 
        States Code, is amended--
                    (A) by striking ``a customs officer'' and all that 
                follows through ``1911)'' and inserting ``an employee 
                of the U.S. Customs and Border Protection Agency'';
                    (B) by striking ``subsection (a) of such section 
                5'' and inserting ``subsection (c) of section 5 of the 
                Act of February 13, 1911 (36 Stat. 901, chapter 46; 19 
                U.S.C. 267)''; and
                    (C) by striking ``customs officers'' and inserting 
                ``such employees''.

                  Subtitle B--Investigative Functions

SEC. 121. ESTABLISHMENT OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
              AGENCY.

    (a) In General.--Section 442 of the Homeland Security Act of 2002 
(6 U.S.C. 252) is amended to read as follows:

``SEC. 442. ESTABLISHMENT OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 
              AGENCY; DIRECTOR.

    ``(a) Establishment of Agency.--There shall be in the Department of 
Homeland Security an agency to be known as the U.S. Immigration and 
Customs Enforcement Agency.
    ``(b) Establishment of Director.--
            ``(1) In general.--The head of the U.S. Immigration and 
        Customs Enforcement Agency shall be a Director of U.S. 
        Immigration and Customs Enforcement (in this section referred 
        to as the `Director'), who shall--
                    ``(A) be appointed by the President, by and with 
                the advice and consent of the Senate;
                    ``(B) carry out the duties and powers described in 
                subsection (c), prescribed by law, and prescribed by 
                the Secretary of Homeland Security;
                    ``(C) report directly to the Secretary of Homeland 
                Security; and
                    ``(D) have a minimum of 5 years professional 
                experience in law enforcement, and a minimum of 5 years 
                of management experience.
            ``(2) Committee referral.--As an exercise of the rulemaking 
        power of the Senate, any nomination for Director shall be 
        referred to the Committee on Finance. If the Committee on 
        Finance has not reported such nomination at the close of the 
        30th day after its referral to such Committee, the Committee 
        shall be automatically discharged from further consideration of 
        such nomination and such nomination shall be referred to the 
        Committee on the Judiciary.
            ``(3) Compensation.--The Director shall be compensated at 
        the rate of pay for level III of the Executive Schedule as 
        provided in section 5314 of title 5, United States Code.
    ``(c) Duties of Director.--The duties of the Director shall 
include--
            ``(1) establishing and overseeing the administration of 
        policies with respect to functions--
                    ``(A) performed under the detention and removal 
                program, the intelligence program, and the 
                investigations program that were transferred to the 
                Under Secretary for Border and Transportation Security 
                by section 441 and delegated to the Assistant Secretary 
                for U.S. Immigration and Customs Enforcement on the day 
                before the date of the enactment of the Trade 
                Facilitation and Trade Enforcement Reauthorization Act 
                of 2013; and
                    ``(B) otherwise vested in the Assistant Secretary 
                on the day before such date of enactment;
            ``(2) advising the Secretary with respect to any policy or 
        operation of the U.S. Immigration and Customs Enforcement 
        Agency that may affect the U.S. Citizenship and Immigration 
        Services established under subtitle E, including potentially 
        conflicting policies and operations;
            ``(3) conducting and coordinating investigations of 
        violations of the customs and trade laws of the United States 
        (as defined in section 2 of the Trade Facilitation and Trade 
        Enforcement Reauthorization Act of 2013) and, when appropriate, 
        referring alleged violations of such laws for criminal 
        prosecution;
            ``(4) coordinating efforts with law enforcement and customs 
        authorities of foreign countries to investigate violations of 
        customs and trade laws; and
            ``(5) coordinating with the Commissioner of U.S. Customs 
        and Border Protection with respect to investigations of 
        violations of the customs and trade laws of the United States 
        and ensuring the development and implementation of the joint 
        strategic plan on trade facilitation and trade enforcement 
        required under section 123A of the Customs and Trade Act of 
        1990.
    ``(d) Deputy Director.--The Director is authorized to appoint, in 
the U.S. Immigration and Customs Enforcement Agency established under 
subsection (a), one Deputy Director who shall assist the Director in 
the management of the Agency and who shall act for the Director during 
the absence or disability of the Director or in the event that the 
position of Director is vacant.
    ``(e) Additional Officers.--The Director may appoint such officers 
as are necessary to manage the individual offices within the U.S. 
Immigration and Customs Enforcement Agency.
    ``(f) Program To Collect Information Relating to Foreign 
Students.--The Director shall be responsible for administering the 
program to collect information relating to nonimmigrant foreign 
students and other exchange program participants described in section 
641 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1372), including the Student and Exchange Visitor 
Information System established pursuant to that section, and shall use 
such information to carry out the enforcement functions of the U.S. 
Immigration and Customs Enforcement Agency.
    ``(g) Chief of Policy and Strategy.--
            ``(1) In general.--There shall be a position of Chief of 
        Policy and Strategy for the U.S. Immigration and Customs 
        Enforcement Agency.
            ``(2) Functions.--In consultation with personnel in local 
        offices of the Agency, the Chief of Policy and Strategy shall 
        be responsible for--
                    ``(A) making policy recommendations and performing 
                policy research and analysis on immigration enforcement 
                issues; and
                    ``(B) coordinating immigration policy issues with 
                the Chief of Policy and Strategy for the Bureau of 
                Citizenship and Immigration Services established under 
                section 451(c), as appropriate.
    ``(h) Legal Advisor.--There shall be a principal legal advisor to 
the Director. The legal advisor shall provide specialized legal advice 
to the Director and shall represent the U.S. Immigration and Customs 
Enforcement Agency in all exclusion, deportation, and removal 
proceedings before the Executive Office for Immigration Review.''.
    (b) Compensation.--
            (1) In general.--Section 5314 of title 5, United States 
        Code, is amended by adding at the end the following:
            ``Director of U.S. Immigration and Customs Enforcement, 
        Department of Homeland Security.''.
            (2) Continuation in office.--The individual serving as 
        Assistant Secretary for U.S. Immigration and Customs 
        Enforcement of the Department of Homeland Security on the day 
        before the date of the enactment of this Act may serve as 
        Director of U.S. Immigration and Customs Enforcement until the 
        earlier of--
                    (A) the date on which that individual is no longer 
                eligible to serve as Assistant Secretary; or
                    (B) the date on which an individual nominated by 
                the President to be the Director of U.S. Immigration 
                and Customs Enforcement is confirmed by the Senate.
            (3) Reference.--On and after the date of the enactment of 
        this Act, any reference to the Assistant Secretary for U.S. 
        Immigration and Customs Enforcement or the Assistant Secretary 
        of the Bureau of Border Security of the Department of Homeland 
        Security, shall be deemed to be a reference to the Director of 
        U.S. Immigration and Customs Enforcement.
    (c) Conforming Amendments.--
            (1) The heading for subtitle D of title IV of the Homeland 
        Security Act of 2002 is amended to read as follows:

                 ``Subtitle D--Enforcement Functions''.

            (2) The table of contents for the Homeland Security Act of 
        2002 is amended--
                    (A) by striking the item relating to section 442 
                and inserting the following:

``Sec. 442. Establishment of U.S. Immigration and Customs Enforcement 
                            Agency; Director.'';
                and
                    (B) by striking the item relating to subtitle D of 
                title IV and inserting the following:

                 ``Subtitle D--Enforcement Functions''.

            (3) Section 451(a)(2)(C) of the Homeland Security Act of 
        2002 (6 U.S.C. 271(a)(2)(C)) is amended by striking ``Assistant 
        Secretary of the Bureau of Border Security'' and inserting 
        ``Director of U.S. Immigration and Customs Enforcement''.

SEC. 122. SEPARATE BUDGET REQUESTS FOR U.S. IMMIGRATION AND CUSTOMS 
              ENFORCEMENT AGENCY.

    The President shall include in each budget transmitted to Congress 
under section 1105 of title 31, United States Code, two separate budget 
requests for the U.S. Immigration and Customs Enforcement Agency--
            (1) one for the customs operations of the Agency; and
            (2) one for the operations of the Agency other than customs 
        operations.

SEC. 123. UNDERCOVER INVESTIGATIVE OPERATIONS.

    Section 3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 
2081) is amended--
            (1) in the section heading, by striking ``customs service'' 
        and inserting ``u.s. immigration and customs enforcement 
        agency'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``United States Customs 
                        Service (hereinafter in this section referred 
                        to as the `Service')'' and inserting ``U.S. 
                        Immigration and Customs Enforcement Agency (in 
                        this section referred to as the `Agency')''; 
                        and
                            (ii) by striking ``the Treasury'' and 
                        inserting ``Homeland Security'';
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``for the Service''; and
                            (ii) in subparagraph (A), by striking 
                        clauses (i) through (v) and inserting the 
                        following:
                            ``(i) sections 1341 and 3324 of title 31, 
                        United States Code,
                            ``(ii) section 8141 of title 40, United 
                        States Code, and
                            ``(iii) sections 3901, 6301, and 6306, and 
                        chapter 45, of title 41, United States Code, 
                        and'';
                    (C) in paragraph (2), by striking ``Service'' and 
                inserting ``Agency''; and
                    (D) in the flush text at the end, by striking 
                ``Commissioner of Customs (or, if designated by the 
                Commissioner the Deputy or an Assistant Commissioner of 
                Customs)'' and inserting ``Director of U.S. Immigration 
                and Customs Enforcement (or such other officer within 
                the Agency as the Director may designate)'';
            (3) in subsection (b), by striking ``Service, as much in 
        advance as the Commissioner or his designee determines is 
        practicable, shall report the circumstances to the Secretary of 
        the Treasury'' and inserting ``Agency, as much in advance as 
        the Director (or such other officer within the Agency as the 
        Director may designate) determines is practicable, shall report 
        the circumstances to the Secretary of Homeland Security and the 
        Secretary of the Treasury'';
            (4) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``Service'' and inserting 
                        ``Director of U.S. Immigration and Customs 
                        Enforcement''; and
                            (ii) in subparagraph (A), by inserting 
                        ``the Secretary of Homeland Security and'' 
                        after ``in writing to''; and
                    (B) in paragraph (2), in the matter preceding 
                subparagraph (A)--
                            (i) by striking ``Service'' and inserting 
                        ``Director''; and
                            (ii) by striking ``as to its undercover 
                        investigative operations'' and inserting ``with 
                        respect to the undercover investigative 
                        operations of the Agency''; and
            (5) in subsection (e), by striking ``Service'' each place 
        it appears and inserting ``Agency''.

SEC. 124. AUTHORIZATION OF APPROPRIATIONS.

    Title III of the Customs Procedural Reform and Simplification Act 
of 1978 (19 U.S.C. 2075) is amended by inserting after section 301 the 
following:

``SEC. 302. AUTHORIZATION OF APPROPRIATIONS FOR CERTAIN CUSTOMS 
              ENFORCEMENT ACTIVITIES.

    ``(a) In General.--
            ``(1) Fiscal year 2014 and each fiscal year thereafter.--
        For fiscal year 2014 and each fiscal year thereafter, there are 
        authorized to be appropriated to the Department of Homeland 
        Security for the U.S. Immigration and Customs Enforcement 
        Agency only such sums as may hereafter be authorized by law.
            ``(2) Specification of amounts.--The authorization of the 
        appropriations for the U.S. Immigration and Customs Enforcement 
        Agency for fiscal year 2014 and each fiscal year thereafter 
        shall specify--
                    ``(A) the amount authorized for the fiscal year for 
                the salaries and expenses of the Agency in conducting 
                customs operations; and
                    ``(B) the amount authorized for the fiscal year for 
                the salaries and expenses of the Agency for other than 
                customs operations.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated for the salaries and expenses of the U.S. Immigration and 
Customs Enforcement Agency that are incurred in customs operations such 
sums as are necessary for fiscal years 2014 through 2018.''.

   Subtitle C--Joint Strategic Plan on Trade Facilitation and Trade 
                              Enforcement

SEC. 131. JOINT STRATEGIC PLAN ON TRADE FACILITATION AND TRADE 
              ENFORCEMENT.

    (a) In General.--Subtitle C of title I of the Customs and Trade Act 
of 1990 (Public Law 101-382; 104 Stat. 629) is amended by inserting 
after section 123 (19 U.S.C. 2083) the following:

``SEC. 123A. JOINT STRATEGIC PLAN ON TRADE FACILITATION AND TRADE 
              ENFORCEMENT.

    ``(a) In General.--Not later than one year after the date of the 
enactment of the Trade Facilitation and Trade Enforcement 
Reauthorization Act of 2013, and every 2 years thereafter, the 
Commissioner of U.S. Customs and Border Protection and the Director of 
U.S. Immigration and Customs Enforcement shall jointly develop and 
submit to the Committee on Finance of the Senate and the Committee on 
Ways and Means of the House of Representatives a joint strategic plan 
on trade facilitation and trade enforcement.
    ``(b) Contents.--The joint strategic plan required by subsection 
(a) shall be comprised of a comprehensive multiyear plan for trade 
facilitation and trade enforcement and shall include--
            ``(1) a summary of actions taken during the 2-year period 
        preceding the submission of the report to improve trade 
        facilitation and trade enforcement, including a description and 
        analysis of specific performance measures to evaluate the 
        progress of the U.S. Customs and Border Protection Agency and 
        the U.S. Immigration and Customs Enforcement Agency with 
        respect to trade facilitation and trade enforcement;
            ``(2) a statement of objectives and plans for further 
        improving trade facilitation and trade enforcement;
            ``(3) a statement of objectives and plans to strengthen the 
        economic security and competitiveness of the United States;
            ``(4) a designation of priority trade issues that that can 
        be addressed in order to enhance trade facilitation and trade 
        enforcement and a description of strategies, plans, and metrics 
        for addressing each such issue;
            ``(5) a description of efforts made to improve consultation 
        and coordination among Federal agencies, and in particular 
        between the U.S. Customs and Border Protection Agency and the 
        U.S. Immigration and Customs Enforcement Agency, to enhance 
        trade facilitation and trade enforcement;
            ``(6) a description of efforts to work with the World 
        Customs Organization, the World Trade Organization, and other 
        international organizations with respect to enhancing trade 
        facilitation and trade enforcement;
            ``(7) a description of efforts made to improve consultation 
        and coordination with the private sector to enhance trade 
        facilitation and trade enforcement;
            ``(8) a description of the training that has occurred 
        during the 2-year period preceding the submission of the report 
        within the U.S. Customs and Border Protection Agency and the 
        U.S. Immigration and Customs Enforcement Agency to improve 
        trade facilitation and trade enforcement;
            ``(9) a specific identification of any domestic or 
        international best practices or technologies that may further 
        improve trade facilitation and trade enforcement; and
            ``(10) any legislative recommendations to further improve 
        trade facilitation and trade enforcement.
    ``(c) Consultations.--In developing the joint strategic plan 
required by subsection (a), the Commissioner of U.S. Customs and Border 
Protection and the Director of U.S. Immigration and Customs Enforcement 
shall consult with--
            ``(1) appropriate officials of agencies represented on the 
        Customs Facilitation and Enforcement Interagency Committee 
        established under section 8 of the Act of March 3, 1927, and 
        such other agencies as the Commissioner or the Director 
        determine appropriate; and
            ``(2) the Customs Operations Advisory Committee and the 
        Trade Support Network, as appropriate.
    ``(d) Definitions.--In this section, the terms `Customs Operations 
Advisory Committee', `trade enforcement', `trade facilitation', and 
`Trade Support Network' have the meanings given those terms in section 
2 of the Trade Facilitation and Trade Enforcement Reauthorization Act 
of 2013.''.
    (b) Conforming Amendment.--The table of contents for the Customs 
and Trade Act of 1990 is amended by inserting after the item relating 
to section 123 the following:

``Sec. 123A. Joint strategic plan on trade facilitation and trade 
                            enforcement.''.

   TITLE II--TRADE FACILITATION, TRADE ENFORCEMENT, AND TRANSPARENCY

            Subtitle A--Trade Facilitation and Transparency

SEC. 201. IMPROVING PARTNERSHIP PROGRAMS.

    (a) In General.--In order to advance the security, trade 
facilitation, and trade enforcement missions of the U.S. Customs and 
Border Protection Agency, the Commissioner shall ensure that 
partnership programs of the Agency 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 the Agency established after such date of 
enactment, provide trade benefits to private sector entities that meet 
the requirements for participation in those programs established by the 
Commissioner under this section.
    (b) Elements.--In developing and operating 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;
            (2) ensure an integrated and transparent system of trade 
        benefits and compliance requirements for all partnership 
        programs of the U.S. Customs and Border Protection Agency;
            (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 the Agency;
            (4) coordinate with 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 computer system, or its predecessor, and 
                the International Trade Data System;
                    (B) to ensure that the partnership programs of 
                those agencies are compatible with the partnership 
                programs of the U.S. Customs and Border Protection 
                Agency; and
                    (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
            (5) ensure that trade benefits are provided to participants 
        in partnership programs.
    (c) Report Required.--Not later than the date that is 180 days 
after the date of the enactment of this Act, and December 31 of each 
year thereafter, the Commissioner shall submit to the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of Representatives a report that--
            (1) identifies each partnership program referred to in 
        subsection (a), including the program referred to in section 
        499A of the Tariff Act of 1930, as added by section 202;
            (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 facilitation, and 
        trade enforcement missions of the U.S. Customs and Border 
        Protection Agency, 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 the Agency 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 the Agency;
            (6) identifies from among those agencies the agencies that 
        are collaborating with the Commissioner to provide benefits 
        pursuant to subsection (f) of section 499A of the Tariff Act of 
        1930, as added by section 202;
            (7) 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;
            (8) summarizes the efforts of the Agency to work with 
        private sector entities and the public to develop and improve 
        partnership programs referred to in subsection (a);
            (9) describes measures taken by the Agency to make private 
        sector entities aware of the trade benefits available to 
        participants in such programs; and
            (10) summarizes the plans, targets, and goals of the Agency 
        with respect to such programs for the 2 years following the 
        submission of the report.

SEC. 202. TRADE FACILITATION PARTNERSHIP PROGRAM.

    (a) In General.--Title IV of the Tariff Act of 1930 (19 U.S.C. 1401 
et seq.) is amended by adding at the end the following:

``SEC. 499A. TRADE FACILITATION PARTNERSHIP PROGRAM.

    ``(a) In General.--The Commissioner of U.S. Customs and Border 
Protection (in this section referred to as the `Commissioner') shall 
establish a voluntary government-private sector program or modify an 
existing such program to enhance trade facilitation and trade 
enforcement and to provide trade benefits developed under subsection 
(c) to qualified persons.
    ``(b) Qualified Person Defined.--For purposes of this section, the 
term `qualified person' means a person that--
            ``(1) is involved in the entry of merchandise into the 
        United States, including as an intermodal transportation system 
        provider, contract logistics provider, air, land, or sea 
        carrier, customs broker, importer, or forwarder; and
            ``(2) demonstrates compliance with the requirements 
        established under subsection (e) in accordance with the 
        procedures established under subsection (d).
    ``(c) Trade Benefits.--
            ``(1) In general.--The Commissioner shall, in consultation 
        with the entities specified in paragraph (3), develop enhanced 
        commercially significant and measurable trade benefits to be 
        provided to qualified persons.
            ``(2) Requirements.--The trade benefits developed under 
        paragraph (1) shall--
                    ``(A) be designed to expedite the release of 
                merchandise of qualified persons upon arrival of the 
                merchandise in the United States; and
                    ``(B) include--
                            ``(i) consideration of the status of 
                        persons as qualified persons for the purposes 
                        of commercial targeting under section 211(c) of 
                        the Trade Facilitation and Trade Enforcement 
                        Reauthorization Act of 2013;
                            ``(ii) to the extent practicable, giving 
                        priority to qualified persons with respect to 
                        the clearance of merchandise during activities 
                        to resume trade after any disruption to the 
                        processing of merchandise entering the United 
                        States;
                            ``(iii) 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 the U.S. Customs and 
                        Border Protection Agency, and requirements 
                        established under subsection (e); and
                            ``(iv) any other trade benefits the 
                        Commissioner determines appropriate for 
                        achieving the goals of the program under 
                        subsection (a).
            ``(3) Entities specified.--The entities specified in this 
        paragraph are--
                    ``(A) the Customs Operations Advisory Committee 
                established under section 205 of the Trade Facilitation 
                and Trade Enforcement Reauthorization Act of 2013;
                    ``(B) the Trade Support Network (as defined in 
                section 2 of that Act);
                    ``(C) the Committee on Finance of the Senate; and
                    ``(D) the Committee on Ways and Means of the House 
                of Representatives.
    ``(d) Procedures.--The Commissioner shall establish procedures with 
respect to the following:
            ``(1) Submission and approval of applications to receive 
        trade benefits under the program under subsection (a).
            ``(2) Verification that an applicant to receive trade 
        benefits under the program is a qualified person.
            ``(3) Reverification that a person receiving trade benefits 
        under the program continues to be a qualified person.
            ``(4) Withdrawal of trade benefits from a person that the 
        Commissioner determines is not a qualified person.
            ``(5) Appeals of decisions of the Commissioner under this 
        section.
    ``(e) Requirements.--
            ``(1) In general.--The Commissioner, in consultation with 
        the entities specified in subsection (c)(3)--
                    ``(A) shall establish requirements for receiving 
                trade benefits under the program under subsection (a); 
                and
                    ``(B) may establish multiple tiers of requirements 
                and trade benefits under the program.
            ``(2) Minimum requirements.--The minimum requirements for a 
        person to receive trade benefits under the program under 
        subsection (a) are the following:
                    ``(A) The certification of the person as a member 
                of 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.) or an equivalent certification 
                in a successor program.
                    ``(B) A history of compliance by the person with 
                the customs and trade laws of the United States and 
                regulations of the U.S. Customs and Border Protection 
                Agency.
    ``(f) Interagency Program Benefits.--The Commissioner shall 
collaborate with the head of each Federal agency with authority to 
detain and release merchandise entering the United States to develop 
benefits to be provided to persons that receive trade benefits under 
the program under subsection (a) and that import merchandise into the 
United States that requires clearance by that agency, including--
            ``(1) the submission to, and retrieval of information from, 
        that agency relating to the entry and release of that 
        merchandise through the Automated Commercial Environment, or 
        its predecessor, and the International Trade Data System;
            ``(2) the preclearance of that merchandise by that agency 
        through the Automated Commercial Environment or its predecessor 
        to the extent possible; and
            ``(3) any other benefits that the Commissioner and the head 
        of that agency determine appropriate.
    ``(g) Confidential Information Safeguards.--The Commissioner, in 
consultation with the Customs Operations Advisory Committee established 
under section 205 of the Trade Facilitation and Trade Enforcement 
Reauthorization Act of 2013, shall establish procedures to safeguard 
confidential data collected, stored, or shared with the U.S. Customs 
and Border Protection Agency or any other Federal agency pursuant to 
this section.
    ``(h) Customs and Trade Laws of the United States Defined.--In this 
section, the term `customs and trade laws of the United States' has the 
meaning given that term in section 2 of the Trade Facilitation and 
Trade Enforcement Reauthorization Act of 2013.''.
    (b) Federal Register Notice.--Not later than 90 days after the date 
of the enactment of this Act, the Commissioner shall publish a notice 
in the Federal Register setting forth the requirements of section 499A 
of the Tariff Act of 1930, as added by subsection (a), and seeking 
public comments on the development and implementation of the program 
under that section.

SEC. 203. CENTERS OF EXCELLENCE AND EXPERTISE.

    The Commissioner shall, in consultation with private sector 
entities, develop and implement Agency-wide Centers of Excellence and 
Expertise that--
            (1) build the expertise of the U.S. Customs and Border 
        Protection Agency in particular industry operations, supply 
        chains, and compliance requirements;
            (2) ensure the uniform implementation across United States 
        ports of entry of policies and regulations affecting major 
        import sectors;
            (3) centralize decisionmaking of the Agency that impacts 
        particular industries;
            (4) enhance trade facilitation and trade enforcement; and
            (5) formalize an account-based approach to the importation 
        of merchandise into the United States by persons the 
        Commissioner determines have a history of compliance with the 
        customs and trade laws of the United States.

SEC. 204. MUTUAL RECOGNITION AGREEMENTS.

    (a) Negotiating Objective.--It shall be a negotiating objective of 
the United States in any negotiation for a mutual recognition 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 
the U.S. Customs and Border Protection Agency to enhance trade 
facilitation and trade enforcement.
    (b) Consultations.--Not later than 30 days before entering into a 
mutual recognition agreement described in subsection (a), the Secretary 
of Homeland Security 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 how the provisions of the agreement 
will advance the security, trade facilitation, and trade enforcement 
missions of the U.S. Customs and Border Protection Agency.

SEC. 205. CUSTOMS OPERATIONS ADVISORY COMMITTEE.

    (a) Establishment.--Not later than December 31, 2013, the Secretary 
of the Treasury and the Secretary of Homeland Security shall jointly 
establish a 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 Commissioner and the Assistant Secretary 
                for Tax Policy of the Department of the Treasury, who 
                shall jointly co-chair meetings of the Advisory 
                Committee; and
                    (C) the Assistant Secretary for Policy of the 
                Department of Homeland Security 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.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary of the 
                Treasury and the Secretary of Homeland Security shall 
                jointly appoint 20 individuals from the private sector 
                to the Advisory Committee, not more than 10 of whom 
                shall be of the same political party.
                    (B) Terms.--Each individual appointed to the 
                Advisory Committee under this paragraph shall be 
                appointed for a term of up to 3 years, and may be 
                reappointed to subsequent terms, but may not serve more 
                than 2 terms sequentially.
            (3) Qualifications.--The individuals appointed to the 
        Advisory Committee shall be broadly representative of the 
        sectors of the United States economy affected by the commercial 
        operations of the U.S. Customs and Border Protection Agency and 
        the investigations of the U.S. Immigration and Customs 
        Enforcement Agency.
            (4) 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 the U.S. Customs and Border Protection Agency and 
        the investigations of the U.S. Immigration and Customs 
        Enforcement Agency, including advising with respect to 
        significant changes that are proposed with respect to policies 
        or regulations of either such Agency;
            (2) provide recommendations to the Secretary of the 
        Treasury and the Secretary of Homeland Security on improvements 
        to the commercial operations of the U.S. Customs and Border 
        Protection Agency and the investigations of the U.S. 
        Immigration and Customs Enforcement Agency; and
            (3) perform such other functions relating to the commercial 
        operations of the U.S. Customs and Border Protection Agency and 
        the investigations of the U.S. Immigration and Customs 
        Enforcement Agency as prescribed by law or as the Secretary of 
        the Treasury and the Secretary of Homeland Security jointly 
        direct.
    (d) Meetings.--
            (1) In general.--The Advisory Committee shall meet at the 
        call of the Secretary of the Treasury and the Secretary of 
        Homeland Security or at the call of not less than \2/3\ of the 
        membership of the Advisory Committee.
            (2) Number of meetings.--The Advisory Committee shall, at a 
        minimum, meet at least 4 times each calendar year. Additional 
        meetings may be called of such special task forces or other 
        groups made up of members of the Advisory Committee as the 
        Advisory Committee determines appropriate.
            (3) Addition of agenda items.--Any member of the Advisory 
        Committee may recommend additional items for the agenda of a 
        meeting before the meeting.
            (4) Open meetings.--A meeting of the Advisory Committee 
        shall be open to the public unless the Secretary of the 
        Treasury and the Secretary of Homeland Security determine that 
        the meeting will include matters the disclosure of which would 
        seriously compromise the development of policies, priorities, 
        or negotiating objectives or positions that could impact the 
        commercial operations of the U.S. Customs and Border Protection 
        Agency or the investigations of the U.S. Immigration and 
        Customs Enforcement Agency.
    (e) Reports.--
            (1) Annual report.--Not later than December 31 of each 
        calendar year, 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--
                    (A) describes the activities of the Advisory 
                Committee during the preceding fiscal year; and
                    (B) sets forth any recommendations of the Advisory 
                Committee regarding the commercial operations of the 
                U.S. Customs and Border Protection Agency and the 
                investigations of the U.S. Immigration and Customs 
                Enforcement Agency during the preceding fiscal year.
            (2) Additional reports.--The members of the Advisory 
        Committee appointed under subsection (b)(2) may submit directly 
        to the Committee on Finance of the Senate and the Committee on 
        Ways and Means of the House of Representatives such additional 
        reports on the commercial operations of the U.S. Customs and 
        Border Protection Agency and the investigations of the U.S. 
        Immigration and Customs Enforcement Agency as such members 
        determine appropriate.
    (f) Applicability of Federal Advisory Committee Act.--The 
provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall 
apply to the Advisory Committee, except as follows:
            (1) Subsections (a) and (b) of section 10 of such Act 
        (relating to open meetings and availability of information) 
        shall not apply.
            (2) Section 11 of such Act (relating to the availability of 
        transcripts of meetings) shall not apply.
            (3) Section 14(a)(2) of such Act (relating to termination) 
        shall be applied by substituting ``4-year period'' for ``two-
        year period''.
    (g) Conforming Repeal.--Effective January 31, 2014, section 9503(c) 
of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) 
is repealed.
    (h) References.--On or after January 31, 2014, 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) shall be deemed to be 
a reference to the Customs Operations Advisory Committee established 
under subsection (a).
    (i) Conforming Amendments.--
            (1) SAFE port act.--The Security and Accountability for 
        Every Port Act of 2006 (6 U.S.C. 901 et seq.) is amended--
                    (A) in section 2, by striking paragraph (2) and 
                inserting the following:
            ``(2) Customs operations advisory committee.--The term 
        `Customs Operations Advisory Committee' means the Advisory 
        Committee established under section 205 of the Trade 
        Facilitation and Trade Enforcement Reauthorization Act of 2013 
        or any successor committee.''; and
                    (B) by striking ``Commercial Operations Advisory 
                Committee'' each place it appears and inserting 
                ``Customs Operations Advisory Committee''.
            (2) Tariff act of 1930.--Section 411(d) of the Tariff Act 
        of 1930 (19 U.S.C. 1411(d)) is amended--
                    (A) in paragraph (1)(D), by striking ``Commercial 
                Operations Advisory Committee'' and inserting ``Customs 
                Operations Advisory Committee''; and
                    (B) by striking paragraph (7) and inserting the 
                following:
            ``(7) Customs operations advisory committee defined.--In 
        this section, the term `Customs Operations Advisory Committee' 
        means the Advisory Committee established under section 205 of 
        the Trade Facilitation and Trade Enforcement Reauthorization 
        Act of 2013 or any successor committee.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on January 1, 2014.

SEC. 206. AUTOMATED COMMERCIAL ENVIRONMENT COMPUTER SYSTEM.

    (a) Funding.--Section 13031(f)(5) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(5)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``2003, 2004, and 2005'' and 
                inserting ``2014 through 2018''; and
                    (B) by striking ``$350,000,000'' and inserting 
                ``$325,000,000''; and
            (2) by striking subparagraph (B) and inserting the 
        following:
    ``(B)(i) From amounts that are available in the Account, there are 
authorized to be appropriated--
            ``(I) for each of fiscal years 2014 through 2016, 
        $140,000,000 to complete the development of the Automated 
        Commercial Environment computer system;
            ``(II) for each of fiscal years 2017 and 2018, $115,000,000 
        for the operation and maintenance of the Automated Commercial 
        Environment computer system; and
            ``(III) for fiscal years 2014 through 2018, such amounts as 
        are available in the Account after the obligation of amounts 
        pursuant to the authorizations of appropriations under 
        subclauses (I) and (II) and subparagraph (C) for other purposes 
        related to the functions of the Department of Homeland 
        Security.
    ``(ii) Amounts authorized to be appropriated pursuant to this 
subparagraph shall remain available until expended.
    ``(iii) Not more than 1 percent of the amounts authorized to be 
appropriated from the Account under subclauses (I) and (II) of clause 
(i) may be used as matching funds to assist Federal agencies (other 
than the Department of Homeland Security) with authority to detain and 
release merchandise entering the United States in developing their 
respective automated release programs that are integrated with the 
Automated Commercial Environment computer system.''.
    (b) Report.--Section 311(b)(3) of the Customs Border Security Act 
of 2002 (19 U.S.C. 2075 note) is amended to read as follows:
            ``(3) Report.--
                    ``(A) In general.--Not later than December 31, 
                2013, the Commissioner of U.S. Customs and Border 
                Protection 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--
                            ``(i) describing the plans of the U.S. 
                        Customs and Border Protection Agency, including 
                        deadlines, for incorporating all cargo release 
                        data elements into the Automated Commercial 
                        Environment computer system not later than 
                        September 30, 2015, to conform with the 
                        admissibility criteria of agencies 
                        participating in the International Trade Data 
                        System identified pursuant to subsection 
                        (d)(4)(A)(iii) of section 411 of the Tariff Act 
                        of 1930;
                            ``(ii) identifying the components of the 
                        National Customs Automation Program specified 
                        in subsection (a)(2) of such section 411 that 
                        have not been implemented;
                            ``(iii) identifying the priorities of the 
                        Agency for incorporating entry summary data 
                        elements, cargo manifest data elements, and 
                        cargo financial data elements into the 
                        Automated Commercial Environment computer 
                        system;
                            ``(iv) describing the objectives, plans, 
                        and deadlines of the Agency for implementing 
                        the components identified under clause (ii) and 
                        the priorities identified under cause (iii) not 
                        later than September 30, 2016; and
                            ``(v) describing any additional component 
                        of the National Customs Automation Program 
                        initiated by the Commissioner to complete the 
                        development, establishment, and implementation 
                        of the Automated Commercial Environment 
                        computer system.
                    ``(B) Update of reports.--Not later than June 30, 
                2014, and every 180 days thereafter, 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 
                subparagraph (A).''.
    (c) Government Accountability Office Report.--Not later than one 
year after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the Committee on 
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) evaluating the cost and effectiveness of the efforts of 
        the U.S. Customs and Border Protection Agency to complete the 
        development, establishment, and implementation of the Automated 
        Commercial Environment computer system;
            (2) assessing the extent to which any additional 
        functionality may be added into the Automated Commercial 
        Environment computer system at a reasonable cost; and
            (3) assessing the progress of other Federal agencies in 
        accessing and utilizing the Automated Commercial Environment 
        computer system.

SEC. 207. INTERNATIONAL TRADE DATA SYSTEM.

    (a) Information Technology Infrastructure.--Section 411(d) of the 
Tariff Act of 1930 (19 U.S.C. 1411(d)) is amended--
            (1) by redesignating paragraphs (4) through (7) as 
        paragraphs (5) through (8), respectively; and
            (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 
                such 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 the U.S. Customs 
                        and Border Protection Agency necessary for the 
                        operation and maintenance of the ITDS; and
                            ``(iii) not later than June 30, 2014, 
                        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 the U.S. Customs and Border 
                        Protection Agency for incorporation into the 
                        operational functionality of the Automated 
                        Commercial Environment computer system.
                    ``(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 national security.''.
    (b) Authorization of Appropriations.--Section 13031(f)(5) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(5)), as amended by section 206(a), is further amended by 
striking subparagraph (C) and inserting the following:
    ``(C) There are authorized to be appropriated to the Secretary of 
the Treasury from amounts available in the Account $25,000,000 for each 
of fiscal years 2014 through 2018, to remain available until expended, 
to carry out the provisions of section 411(d)(4) of the Tariff Act of 
1930.''.
    (c) Government Accountability Office Report.--Not later than June 
30, 2015, 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) evaluating the development and maintenance of the 
        information technology infrastructure necessary to support the 
        operations of the International Trade Data System; and
            (2) assessing the number of memoranda of understanding and 
        other actions taken by the U.S. Customs and Border Protection 
        Agency and other Federal agencies to ensure the sharing of 
        electronic import and export data.

SEC. 208. ELECTRONIC SUBMISSION OF PUBLIC COMMENTS.

    Not later than one year after the date of the enactment of this 
Act, the Commissioner shall provide--
            (1) for the electronic submission and posting of any public 
        comments solicited by the U.S. Customs and Border Protection 
        Agency on the Internet website of the Agency; and
            (2) for the prompt posting of public comments associated 
        with any rulemaking of the Agency on the Federal Government 
        Internet website for Federal regulations, www.regulations.gov, 
        or any successor website.

                     Subtitle B--Trade Enforcement

                    CHAPTER 1--COMMERCIAL TARGETING

SEC. 211. COMMERCIAL TARGETING DIVISION AND NATIONAL TARGETING AND 
              ANALYSIS GROUPS.

    (a) Establishment of Commercial Targeting Division.--
            (1) In general.--The Secretary of Homeland Security shall 
        establish and maintain within the Office of Trade of the U.S. 
        Customs and Border Protection Agency, established under section 
        4 of the Act of March 3, 1927, as added by section 102, a 
        Commercial Targeting Division.
            (2) Composition.--The Commercial Targeting Division shall 
        be composed of--
                    (A) headquarters personnel led by an Executive 
                Director, who shall report to the Assistant 
                Commissioner for Trade; and
                    (B) individual National Targeting and Analysis 
                Groups, each led by a Director who shall report to the 
                Executive Director of the Commercial Targeting 
                Division.
            (3) Duties.--The Commercial Targeting Division shall be 
        dedicated--
                    (A) to the development and conduct of commercial 
                targeting with respect to cargo destined for the United 
                States in accordance with subsection (c); and
                    (B) to issuing Trade Alerts described in subsection 
                (d).
    (b) National Targeting and Analysis Groups.--
            (1) In general.--The Commissioner shall determine the 
        priorities of the National Targeting and Analysis Groups 
        referred to in subsection (a)(2)(B), to include the 
        enforcement, with respect to the importation of merchandise 
        into the United States, of--
                    (A) intellectual property rights;
                    (B) health and safety laws and regulations;
                    (C) agriculture-related laws and regulations;
                    (D) textile- and apparel-related laws and 
                regulations;
                    (E) general revenue laws and regulations; and
                    (F) non-general revenue laws and regulations, 
                including with respect to antidumping and 
                countervailing duties.
    (c) Commercial Targeting.--In carrying out its duties with respect 
to commercial targeting, the Commercial Targeting Division shall--
            (1) establish targeting methodologies and standards for--
                    (A) assessing the risk that cargo destined for the 
                United States may violate the customs and trade laws of 
                the United States; and
                    (B) issuing, as appropriate, Trade Alerts described 
                in subsection (d);
            (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 
                computer system, the Automated Targeting System, the 
                Automated Export System, the International Trade Data 
                System, the TECS (formerly known as the ``Treasury 
                Enforcement Communications System''), and the case 
                management system of the U.S. Immigration and Customs 
                Enforcement Agency, and any successors to those 
                systems; and
                    (C) information made available to the Commercial 
                Targeting Division, including information provided by 
                private sector entities; and
            (3) coordinate targeting efforts with other Federal 
        agencies with authority to detain and release merchandise 
        entering the United States.
    (d) Trade Alerts.--
            (1) Issuance.--Based upon the application of the targeting 
        methodologies and standards established under subsection (c), 
        the Executive Director of the Commercial Targeting Division and 
        the Directors of the National Targeting and Analysis Groups may 
        issue Trade Alerts to port directors providing guidance for 
        further inspection, physical examination, or testing, of 
        specific merchandise if certain risk-assessment thresholds are 
        met to improve compliance with the customs and trade laws of 
        the United States and regulations administered by the U.S. 
        Customs and Border Protection Agency.
            (2) Determinations not to implement trade alerts.--A port 
        director may determine not to follow a Trade Alert issued under 
        paragraph (1) that requires further inspection, physical 
        examination, or testing if the port director--
                    (A) finds that such a determination is justified by 
                security interests; and
                    (B) notifies the Trade Facilitation and Trade 
                Enforcement Division of the Office of Field Operations 
                of the determination not to follow the Trade Alert and 
                the reasons for the determination not later than 48 
                hours after making the determination.
            (3) Summary of determinations not to implement.--The Trade 
        Facilitation and Trade Enforcement Division shall--
                    (A) compile an annual summary of all determinations 
                by port directors 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) submit the summary compiled under subparagraph 
                (A) and the evaluation conducted under subparagraph (B) 
                to the Committee on Finance of the Senate and the 
                Committee on Ways and Means of the House of 
                Representatives not later than December 31 of each 
                year.
            (4) Inspection defined.--In this subsection, the term 
        ``inspection'' means the comprehensive evaluation process used 
        by the U.S. Customs and Border Protection Agency, 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 the customs and trade 
                laws of the United States and regulations administered 
                by the Agency.
    (e) 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 for ensuring aviation, 
                maritime, and surface transportation safety and 
                security, and may be used for commercial enforcement 
                purposes. A person that provides information pursuant 
                to the regulations that is used to detect a violation 
                of any statute or regulation relating to commercial 
                enforcement shall be subject to commercial penalties 
                pursuant to that statute or regulation only if the 
                person is found to have committed fraud in providing 
                the information.''.

SEC. 212. ANNUAL ILLEGAL DRUG CONTROL LAW ENFORCEMENT STRATEGY.

    (a) In General.--Section 123 of the Customs and Trade Act of 1990 
(19 U.S.C. 2083) is amended to read as follows:

``SEC. 123. ANNUAL ILLEGAL DRUG CONTROL LAW ENFORCEMENT STRATEGY.

    ``(a) Reports on Violation Estimates.--Not later than one year 
after the date of the enactment of the Trade Facilitation and Trade 
Enforcement Reauthorization Act of 2013, and annually thereafter, the 
Commissioner of U.S. Customs and Border Protection and the Director of 
U.S. Immigration and Customs Enforcement shall jointly develop and 
submit to the chairperson and ranking member of the Committee on 
Finance of the Senate and of the Committee on Ways and Means of the 
House of Representatives (in this section referred to as the 
`Committees') in accordance with subsection (d) a report that contains 
an estimate of--
            ``(1) the number and extent of violations of the illegal 
        drug control laws specified in subsection (b) that are likely 
        to occur during the year following the report; and
            ``(2) the relative incidence of the violations described in 
        paragraph (1) among the various United States ports of entry 
        and customs regions within the customs territory of the United 
        States during the year preceding the report.
    ``(b) Illegal Drug Control Laws Specified.--The Commissioner of 
U.S. Customs and Border Protection and the Director of U.S. Immigration 
and Customs Enforcement, after consultation with the Committees--
            ``(1) shall, not later than 180 days after the date of the 
        enactment of the Trade Facilitation and Trade Enforcement 
        Reauthorization Act of 2013, prepare a list of those provisions 
        of the illegal drug control laws of the United States with 
        respect to which the U.S. Customs and Border Protection Agency 
        and the U.S. Immigration and Customs Enforcement Agency have 
        enforcement responsibility and to which the reports required by 
        subsection (a) will apply; and
            ``(2) may periodically update the list developed under 
        paragraph (1), as warranted.
    ``(c) Enforcement Strategy.--Not later than 90 days after 
submitting a report under subsection (a), the Commissioner of U.S. 
Customs and Border Protection and the Director of U.S. Immigration and 
Customs Enforcement shall jointly--
            ``(1) develop or update a strategy for enforcing the 
        illegal drug control laws specified in subsection (b) in a 
        nationally uniform manner and addressing the violations 
        estimated in the report during the period covered by the 
        report; and
            ``(2) submit to the chairperson and ranking member of each 
        of the Committees a confidential report setting forth the 
        details of the strategy described in paragraph (1).
    ``(d) Confidentiality.--The contents of any report submitted to the 
chairperson and ranking member of each of the Committees under 
subsection (a) or (c) are confidential and the disclosure of the 
contents is restricted to--
            ``(1) officers and employees of the United States 
        designated by the Commissioner of U.S. Customs and Border 
        Protection or the Director of U.S. Customs and Immigration 
        Enforcement to have access to the contents of the report;
            ``(2) the chairperson and ranking member of each of the 
        Committees; and
            ``(3) such Members of Congress and staff of such Members as 
        the chairperson or ranking member of either of the Committees 
        may authorize to have access to the contents of the report.''.
    (b) Conforming Amendment.--The table of contents for the Customs 
and Trade Act of 1990 is amended by striking the item relating to 
section 123 and inserting the following:

``Sec. 123. Annual illegal drug control law enforcement strategy.''.

SEC. 213. REPORT ON OVERSIGHT OF REVENUE PROTECTION AND ENFORCEMENT 
              MEASURES BY THE INSPECTOR GENERAL.

    Not later than June 30, 2015, 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 the following:
            (1) The effectiveness of the measures taken by the U.S. 
        Customs and Border Protection Agency with respect to revenue 
        protection, including--
                    (A) the collection of countervailing and 
                antidumping duties;
                    (B) the assessment and collection of commercial 
                fines and penalties; and
                    (C) the adequacy of the policies of the Agency with 
                respect to monitoring and tracking of merchandise 
                transported in bond and collecting duties, as 
                appropriate.
            (2) The effectiveness of actions taken by the Agency to 
        measure accountability and performance with respect to revenue 
        protection.
            (3) The number of entries resulting in the underpayment of 
        duties and a summary of the actions taken to address the 
        underpayment of duties.
            (4) The effectiveness of training with respect to the 
        collection of duties provided for personnel of the Agency.

SEC. 214. REPORT ON SECURITY AND REVENUE MEASURES WITH RESPECT TO 
              MERCHANDISE TRANSPORTED IN BOND.

    (a) In General.--Not later than December 31 of 2014, 2015, and 
2016, 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 the U.S. Customs and Border Protection 
Agency 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) Contents.--The report required by subsection (a) shall include 
information, for the 2 fiscal years preceding the submission of the 
report, 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 reexported;
            (4) the average time taken to transport merchandise in bond 
        from the port at which the merchandise arrives in the United 
        States to the final destination of the merchandise 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 while in transit in the United 
        States; and
            (7) the number of entries that remain unreconciled.

SEC. 215. IMPORTER OF RECORD PROGRAM.

    (a) Establishment.--Not later than 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 of Homeland Security shall ensure 
that, as part of the importer of record program, the U.S. Customs and 
Border Protection Agency--
            (1) develops criteria that importers must meet in order to 
        obtain an importer of record number;
            (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;
            (4) evaluates the accuracy of the database on a regular 
        basis; and
            (5) takes measures to ensure that duplicate importer of 
        record numbers are not issued to the same importer.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Homeland Security 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 subsection, the term ``number'', with 
respect to an importer of record, means a filing identification number 
described in section 24.5 of title 19, Code of Federal Regulations (or 
any corresponding similar regulation).

                  CHAPTER 2--IMPORT HEALTH AND SAFETY

SEC. 221. INTERAGENCY IMPORT SAFETY WORKING GROUP.

    (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 222;
            (2) periodically evaluating the adequacy of the plans, 
        practices, and resources of the Federal Government dedicated to 
        ensuring the safety of merchandise imported in the United 
        States and the expeditious entry of such merchandise, 
        including--
                    (A) minimizing the duplication of efforts among 
                agencies the heads of which are members of the 
                interagency Import Safety Working Group and ensuring 
                the compatibility of the policies and regulations of 
                those agencies; and
                    (B) recommending additional 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; and
            (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.

SEC. 222. JOINT IMPORT SAFETY RAPID RESPONSE PLAN.

    (a) In General.--Not later than December 31, 2014, the Secretary of 
Homeland Security, in consultation with the interagency Import Safety 
Working Group, shall develop a plan (to be known as the ``joint import 
safety rapid response plan'') that sets forth protocols and defines 
practices for the U.S. Customs and Border Protection Agency 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 the U.S. Customs and Border Protection 
        Agency and other Federal agencies in responding to an incident 
        described in subsection (a)(1);
            (2) the protocols and practices to be used by the Agency 
        when taking action in response to, and coordinating Federal 
        responses to, such an incident;
            (3) the measures to be taken by the Agency 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 the Agency 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 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.

SEC. 223. TRAINING.

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

  CHAPTER 3--IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Subchapter A--National Intellectual Property Rights Coordination Center

SEC. 231. NATIONAL INTELLECTUAL PROPERTY RIGHTS COORDINATION CENTER.

    (a) Establishment.--The Secretary of Homeland Security shall--
            (1) establish within the U.S. Immigration and Customs 
        Enforcement Agency 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 infringes intellectual property rights to identify 
        organizations that produce, smuggle, or distribute such 
        merchandise;
            (2) 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 the U.S. Customs and Border Protection 
        Agency, 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 
        infringements of intellectual property rights from domestic and 
        international law enforcement agencies and other non-Federal 
        sources;
            (6) develop a single platform or portal to receive 
        information regarding infringements of intellectual property 
        rights from such agencies and other sources and a database to 
        organize and search that information;
            (7) disseminate information regarding infringements of 
        intellectual property rights to other Federal agencies, as 
        appropriate;
            (8) develop and implement risk-based alert systems to be 
        shared with the U.S. Customs and Border Protection Agency to 
        improve the targeting of persons that repeatedly infringe 
        intellectual property rights;
            (9) coordinate with the United States attorneys' offices 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) the U.S. Customs and Border Protection Agency;
            (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 the Director of U.S. Immigration and 
        Customs Enforcement considers appropriate; and
            (8) any other entities 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 the U.S. Customs and Border Protection Agency and other 
        Federal agencies to conduct outreach to private sector entities 
        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, to coordinate public and private 
        sector efforts to combat the infringement of intellectual 
        property rights.

           Subchapter B--Amendments to the Tariff Act of 1930

SEC. 241. PROVISION TO RIGHTS OWNERS OF INFORMATION ABOUT AND SAMPLES 
              OF MERCHANDISE SUSPECTED OF INFRINGING TRADEMARKS OR 
              COPYRIGHTS.

    The Tariff Act of 1930 is amended by inserting after section 526 
(19 U.S.C. 1526) the following:

``SEC. 526A. PROVISION TO RIGHTS OWNERS OF INFORMATION ABOUT AND 
              SAMPLES OF MERCHANDISE SUSPECTED OF INFRINGING TRADEMARKS 
              OR COPYRIGHTS.

    ``(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 or section 602, 1201(a)(1), 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 the U.S. Customs and Border Protection Agency.
    ``(d) Exception.--The Commissioner of U.S. Customs and Border 
Protection 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.''.

SEC. 242. ENFORCEMENT BY THE U.S. CUSTOMS AND BORDER PROTECTION AGENCY 
              OF WORKS FOR WHICH A COPYRIGHT REGISTRATION IS PENDING.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall establish 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 Copyright Office of the Library of 
Congress 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 526A of the Tariff Act of 1930, as added by 
section 241.

SEC. 243. SEIZURE OF CIRCUMVENTION DEVICES.

    (a) In General.--Section 596(c)(2) of the Tariff Act of 1930 (19 
U.S.C. 1595a(c)(2)) is amended--
            (1) in subparagraph (E), by striking ``or'';
            (2) in subparagraph (F), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(G) the U.S. Customs and Border Protection Agency 
                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) Publication.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 30 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 
        publish on the Internet website of the U.S. Customs and Border 
        Protection Agency information regarding the merchandise seized 
        to permit any person to identify the merchandise and determine 
        whether the merchandise is--
                    (A) a technology, product, service, device, 
                component, or part thereof described in section 
                1201(a)(2) of title 17, United States Code, that--
                            (i) is primarily designed or produced for 
                        the purpose of circumventing a technological 
                        measure that effectively controls access to a 
                        work for which the person has a copyright that 
                        is registered under title 17, United States 
                        Code, or that is otherwise recorded with the 
                        Agency;
                            (ii) has only limited commercially 
                        significant purpose or use other than to 
                        circumvent such a technological measure; or
                            (iii) is marketed for use in circumventing 
                        such a technological measure; or
                    (B) a technology, product, service, device, 
                component, or part thereof described in section 
                1201(b)(1) of title 17, United States Code, that--
                            (i) is primarily designed or produced for 
                        the purpose of circumventing protection 
                        afforded by a technological measure that 
                        effectively protects a right of the person in a 
                        work or a portion of a work that is registered 
                        under title 17, United States Code, or that is 
                        otherwise recorded with the Agency;
                            (ii) has only limited commercially 
                        significant purpose or use other than to 
                        circumvent protection afforded by such a 
                        technological measure; or
                            (iii) is marketed for use in circumventing 
                        protection afforded such a technological 
                        measure.
            (2) Exception.--The Commissioner may not publish 
        information under paragraph (1) if publishing that information 
        would compromise an ongoing law enforcement investigation or 
        national security.
    (c) Application.--Not later than 30 days after publishing the 
information required under subsection (b) with respect to seized 
merchandise, any person that determines that the seized merchandise is 
merchandise that infringes a right of the person as described in 
subsection (b) (or an agent of such a person) may submit to the U.S. 
Customs and Border Protection Agency an application that--
            (1) identifies the person as a person that holds such a 
        right (or an agent of such a person); and
            (2) requests the information described in subsection (d).
    (d) Disclosure.--Subject to subsection (f), the Commissioner shall 
disclose to a person that submitted an application described in 
subsection (c) with respect to seized merchandise the following 
information:
            (1) The date of importation of the seized merchandise.
            (2) The United States port of entry at which the 
        merchandise was seized.
            (3) A description of the merchandise.
            (4) The quantity of merchandise seized.
            (5) The country of origin of the merchandise.
            (6) The name and address of the foreign manufacturer of the 
        merchandise.
            (7) The name and address of the exporter of the 
        merchandise.
            (8) The name and address of the importer of the 
        merchandise.
    (e) Expedited Disclosure.--Subject to subsection (f), the 
Commissioner may, on an expedited basis, disclose information pursuant 
to subsection (d) with respect to merchandise seized pursuant to 
subparagraph (G) of section 526(c)(2) of the Tariff Act of 1930, as 
added by subsection (a), and with respect to which information is 
published pursuant to subsection (b), to a person that has previously 
submitted an application under subsection (c) with respect to such 
merchandise.
    (f) Limitation on Disclosure.--The Commissioner may not disclose 
information under subsection (d) or (e) with respect to merchandise 
seized pursuant to subparagraph (G) of section 526(c)(2) of the Tariff 
Act of 1930, as added by subsection (a), until the Commissioner has 
made a final determination with respect to whether the merchandise 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.

                      Subchapter C--Other Matters

SEC. 251. DEFINITION OF INTELLECTUAL PROPERTY RIGHTS.

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

SEC. 252. JOINT STRATEGIC PLAN FOR THE ENFORCEMENT OF INTELLECTUAL 
              PROPERTY RIGHTS.

    The Commissioner and the Director of U.S. Immigration and Customs 
Enforcement shall include in the joint strategic plan on trade 
facilitation and trade enforcement required by section 123A of the 
Customs and Trade Act of 1990, as amended by section 131--
            (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 
        the U.S. Customs and Border Protection Agency 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 the U.S. 
        Customs and Border Protection Agency and the U.S. Immigration 
        and Customs Enforcement Agency are adequately enforcing 
        intellectual property rights.

SEC. 253. PERSONNEL DEDICATED TO THE ENFORCEMENT OF INTELLECTUAL 
              PROPERTY RIGHTS.

    (a) Personnel of the U.S. Customs and Border Protection Agency.--
The Commissioner and the Director of U.S. Immigration and Customs 
Enforcement shall ensure that sufficient personnel are assigned 
throughout the U.S. Customs and Border Protection Agency and the U.S. 
Immigration and Customs Enforcement Agency, respectively, who have 
responsibility for preventing the importation of merchandise that 
infringes intellectual property rights into the United States.
    (b) Staffing of National Intellectual Property Rights Coordination 
Center.--The Commissioner shall--
            (1) assign not fewer than 3 full-time employees of the U.S. 
        Customs and Border Protection Agency to the National 
        Intellectual Property Rights Coordination Center established 
        under section 231; and
            (2) ensure that sufficient personnel are assigned to United 
        States ports of entry to carry out the directives of the 
        Center.

SEC. 254. TRAINING WITH RESPECT TO THE ENFORCEMENT OF INTELLECTUAL 
              PROPERTY RIGHTS.

    (a) Training.--The Commissioner shall ensure that officers of the 
U.S. Customs and Border Protection Agency 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 the U.S. Customs and Border Protection Agency 
and such entities with respect to training for officers of the Agency 
to enforce 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 the 
        U.S. Customs and Border Protection Agency to use such 
        technologies.
    (d) Donations of Technology.--Not later than 180 days after the 
date of the enactment of this Act, the Commissioner shall promulgate 
regulations to enable the U.S. Customs and Border Protection Agency to 
receive donations of hardware, software, equipment, and similar 
technologies, and to accept training and other support services from 
private sector entities, for the purpose of enforcing intellectual 
property rights.

SEC. 255. INFORMATION FOR TRAVELERS REGARDING VIOLATIONS OF 
              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 the U.S. Customs and Border 
Protection Agency, or a successor form, printed 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.

SEC. 256. INTERNATIONAL COOPERATION AND INFORMATION SHARING.

    (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 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.

SEC. 257. SENSE OF CONGRESS REGARDING RECORDATION PROCESS.

    It is the sense of Congress that the Commissioner should work with 
the Under Secretary for Intellectual Property and Director of the 
United States Patent and Trademark Office of the Department of Commerce 
and the Register of Copyrights of the Library of Congress to consider a 
system under which--
            (1) a trademark may be recorded with the U.S. Customs and 
        Border Protection Agency simultaneously with the issuance of 
        trademark registration by the United States Patent and 
        Trademark Office; and
            (2) a copyright may be recorded with the U.S. Customs and 
        Border Protection Agency simultaneously with the registration 
        of a copyright by the Register of Copyrights.

SEC. 258. REPORT ON INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT.

    Not later than June 30, 2014, 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 and the Committee on Ways and Means of the House of 
Representatives a report that contains the following:
            (1) With respect to the enforcement of intellectual 
        property rights, the following:
                    (A) The number of referrals from the U.S. Customs 
                and Border Protection Agency to the U.S. Immigration 
                and Customs Enforcement Agency relating to 
                infringements of intellectual property rights during 
                the preceding year.
                    (B) The number of investigations relating to the 
                infringement of intellectual property rights referred 
                by the U.S. Immigration and Customs Enforcement Agency 
                to a United States Attorney's office for prosecution 
                and the United States Attorneys' offices to which those 
                investigations were referred.
                    (C) The number of such investigations accepted by 
                each such United States Attorney's office 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 the U.S. Custom 
                and Border Protection Agency and the U.S. Immigration 
                and Customs Enforcement Agency 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 of the U.S. Customs and Border Protection Agency to 
        respond to a request from port personnel for advice with 
        respect to whether merchandise detained by the Agency infringed 
        intellectual property rights, distinguished by types of 
        intellectual property rights infringed.
            (3) A summary of the outreach efforts of the U.S. Customs 
        and Border Protection Agency and the U.S. Immigration and 
        Customs Enforcement Agency 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 those Agencies; 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 the U.S. Customs and Border 
        Protection Agency and the U.S. Immigration and Customs 
        Enforcement Agency 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 254 and 
        expenditures for such training.

        CHAPTER 4--COORDINATION OF TRADE ENFORCEMENT PRIORITIES

SEC. 261. ESTABLISHMENT OF PRIORITY TRADE ENFORCEMENT COORDINATION 
              CENTERS.

    The Secretary of Homeland Security may establish in the U.S. 
Immigration and Customs Enforcement Agency additional enforcement 
coordination centers--
            (1) to address the issues relating to trade enforcement 
        designated as priority trade issues in the joint strategic plan 
        on trade facilitation and trade enforcement required by section 
        123A of the Customs and Trade Act of 1990, as added by section 
        131; and
            (2) that are modeled on the structure of the National 
        Intellectual Property Rights Coordination Center established 
        under section 231.

    TITLE III--EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Enforcing Orders and Reducing 
Customs Evasion Act of 2013''.

SEC. 302. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF ANTIDUMPING 
              AND COUNTERVAILING DUTY ORDERS.

    (a) In General.--The Tariff Act of 1930 is amended by inserting 
after section 516A (19 U.S.C. 1516a) the following:

``SEC. 517. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF 
              ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.

    ``(a) Definitions.--In this section:
            ``(1) Administering authority.--The term `administering 
        authority' has the meaning given that term in section 771(1).
            ``(2) Commissioner.--The term `Commissioner' means the 
        Commissioner of U.S. Customs and Border Protection, acting 
        pursuant to the delegation by the Secretary of the Treasury of 
        the authority of the Secretary with respect to customs revenue 
        functions (as defined in section 415 of the Homeland Security 
        Act of 2002 (6 U.S.C. 215)).
            ``(3) Covered merchandise.--The term `covered merchandise' 
        means merchandise that is subject to--
                    ``(A) an antidumping duty order issued under 
                section 736;
                    ``(B) a finding issued under the Antidumping Act, 
                1921; or
                    ``(C) a countervailing duty order issued under 
                section 706.
            ``(4) Enter; entry.--The terms `enter' and `entry' refer to 
        the entry, or withdrawal from warehouse for consumption, of 
        merchandise in the customs territory of the United States.
            ``(5) Evasion.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `evasion' refers to entering 
                covered merchandise into the customs territory of the 
                United States by means of any document or 
                electronically transmitted data or information, written 
                or oral statement, or act that is material and false, 
                or any omission that is material, and that results in 
                any cash deposit or other security or any amount of 
                applicable antidumping or countervailing duties being 
                reduced or not being applied with respect to the 
                merchandise.
                    ``(B) Exception for clerical error.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term `evasion' does not 
                        include entering covered merchandise into the 
                        customs territory of the United States by means 
                        of--
                                    ``(I) a document or electronically 
                                transmitted data or information, 
                                written or oral statement, or act that 
                                is false as a result of a clerical 
                                error; or
                                    ``(II) an omission that results 
                                from a clerical error.
                            ``(ii) Patterns of negligent conduct.--If 
                        the Commissioner determines that a person has 
                        entered covered merchandise into the customs 
                        territory of the United States by means of a 
                        clerical error referred to in subclause (I) or 
                        (II) of clause (i) and that the clerical error 
                        is part of a pattern of negligent conduct on 
                        the part of that person, the Commissioner may 
                        determine, notwithstanding clause (i), that the 
                        person has entered such covered merchandise 
                        into the customs territory of the United States 
                        through evasion.
                            ``(iii) Electronic repetition of errors.--
                        For purposes of clause (ii), the mere 
                        nonintentional repetition by an electronic 
                        system of an initial clerical error does not 
                        constitute a pattern of negligent conduct.
                            ``(iv) Rule of construction.--A 
                        determination by the Commissioner that a person 
                        has entered covered merchandise into the 
                        customs territory of the United States by means 
                        of a clerical error referred to in subclause 
                        (I) or (II) of clause (i) rather than through 
                        evasion shall not be construed to excuse that 
                        person from the payment of any duties 
                        applicable to the merchandise.
    ``(b) Investigations.--
            ``(1) In general.--Not later than 10 business days after 
        receiving an allegation described in paragraph (2) or a 
        referral described in paragraph (3), the Commissioner shall 
        initiate an investigation if the Commissioner determines that 
        the information provided in the allegation or the referral, as 
        the case may be, reasonably suggests that covered merchandise 
        has been entered into the customs territory of the United 
        States through evasion.
            ``(2) Allegation described.--An allegation described in 
        this paragraph is an allegation that a person has entered 
        covered merchandise into the customs territory of the United 
        States through evasion that is--
                    ``(A) filed with the Commissioner by a person that 
                is a producer in the United States of merchandise--
                            ``(i) that is like, or in the absence of 
                        like, most similar in characteristics and uses 
                        with, such covered merchandise; or
                            ``(ii) into which merchandise described in 
                        clause (i) is incorporated; and
                    ``(B) accompanied by information reasonably 
                available to the person that filed the allegation.
            ``(3) Referral described.--A referral described in this 
        paragraph is information submitted to the Commissioner by any 
        other Federal agency, including the Department of Commerce or 
        the United States International Trade Commission, that 
        reasonably suggests that a person has entered covered 
        merchandise into the customs territory of the United States 
        through evasion.
            ``(4) Consolidation of allegations and referrals.--
                    ``(A) In general.--The Commissioner may consolidate 
                multiple allegations described in paragraph (2) and 
                referrals described in paragraph (3) into a single 
                investigation if the Commissioner determines it is 
                appropriate to do so.
                    ``(B) Effect on timing requirements.--If the 
                Commissioner consolidates multiple allegations or 
                referrals into a single investigation under 
                subparagraph (A), the date on which the Commissioner 
                receives the first such allegation or referral shall be 
                used for purposes of the requirement under paragraph 
                (1) with respect to the timing of the initiation of the 
                investigation.
            ``(5) Information-sharing to protect health and safety.--
        If, during the course of conducting an investigation under 
        paragraph (1) with respect to covered merchandise, the 
        Commissioner has reason to suspect that such covered 
        merchandise may pose a health or safety risk to consumers, the 
        Commissioner shall provide, as appropriate, information to the 
        appropriate Federal agencies for purposes of mitigating the 
        risk.
    ``(c) Determinations.--
            ``(1) In general.--Not later than 270 calendar days after 
        the date on which the Commissioner initiates an investigation 
        under subsection (b) with respect to covered merchandise, the 
        Commissioner shall make a determination, based on substantial 
        evidence, with respect to whether such covered merchandise was 
        entered into the customs territory of the United States through 
        evasion.
            ``(2) Authority to collect and verify additional 
        information.--In making a determination under paragraph (1) 
        with respect to covered merchandise, the Commissioner may 
        collect such additional information as is necessary to make the 
        determination through such methods as the Commissioner 
        considers appropriate, including by--
                    ``(A) issuing a questionnaire with respect to such 
                covered merchandise to--
                            ``(i) a person that filed an allegation 
                        under paragraph (2) of subsection (b) that 
                        resulted in the initiation of an investigation 
                        under paragraph (1) of that subsection with 
                        respect to such covered merchandise;
                            ``(ii) a person alleged to have entered 
                        such covered merchandise into the customs 
                        territory of the United States through evasion;
                            ``(iii) a person that is a foreign producer 
                        or exporter of such covered merchandise; or
                            ``(iv) the government of a country from 
                        which such covered merchandise was exported; 
                        and
                    ``(B) conducting verifications, including on-site 
                verifications, of any relevant information.
            ``(3) Adverse inference.--If the Commissioner finds that a 
        person described in clause (i), (ii), or (iii) of paragraph 
        (2)(A) has failed to cooperate by not acting to the best of the 
        person's ability to comply with a request for information, the 
        Commissioner may, in making a determination under paragraph 
        (1), use an inference that is adverse to the interests of that 
        person in selecting from among the facts otherwise available to 
        make the determination.
            ``(4) Notification.--Not later than 5 business days after 
        making a determination under paragraph (1) with respect to 
        covered merchandise, the Commissioner--
                    ``(A) shall provide to each person that filed an 
                allegation under paragraph (2) of subsection (b) that 
                resulted in the initiation of an investigation under 
                paragraph (1) of that subsection with respect to such 
                covered merchandise a notification of the determination 
                and may, in addition, include an explanation of the 
                basis for the determination; and
                    ``(B) may provide to importers, in such manner as 
                the Commissioner determines appropriate, information 
                discovered in the investigation that the Commissioner 
                determines will help educate importers with respect to 
                importing merchandise into the customs territory of the 
                United States in accordance with all applicable laws 
                and regulations.
    ``(d) Effect of Determinations.--
            ``(1) In general.--If the Commissioner makes a 
        determination under subsection (c) that covered merchandise was 
        entered into the customs territory of the United States through 
        evasion, the Commissioner shall--
                    ``(A)(i) suspend the liquidation of unliquidated 
                entries of such covered merchandise that are subject to 
                the determination and that enter on or after the date 
                of the initiation of the investigation under subsection 
                (b) with respect to such covered merchandise and on or 
                before the date of the determination; or
                    ``(ii) if the Commissioner has already suspended 
                the liquidation of such entries pursuant to subsection 
                (e)(1), continue to suspend the liquidation of such 
                entries;
                    ``(B) pursuant to the Commissioner's authority 
                under section 504(b)--
                            ``(i) extend the period for liquidating 
                        unliquidated entries of such covered 
                        merchandise that are subject to the 
                        determination and that entered before the date 
                        of the initiation of the investigation; or
                            ``(ii) if the Commissioner has already 
                        extended the period for liquidating such 
                        entries pursuant to subsection (e)(1), continue 
                        to extend the period for liquidating such 
                        entries;
                    ``(C) notify the administering authority of the 
                determination and request that the administering 
                authority--
                            ``(i) identify the applicable antidumping 
                        or countervailing duty assessment rates for 
                        entries described in subparagraphs (A) and (B); 
                        or
                            ``(ii) if no such assessment rate for such 
                        an entry is available at the time, identify the 
                        applicable cash deposit rate to be applied to 
                        the entry, with the applicable antidumping or 
                        countervailing duty assessment rate to be 
                        provided as soon as that rate becomes 
                        available;
                    ``(D) require the posting of cash deposits and 
                assess duties on entries described in subparagraphs (A) 
                and (B) in accordance with the instructions received 
                from the administering authority under paragraph (2); 
                and
                    ``(E) take such additional enforcement measures as 
                the Commissioner determines appropriate, such as--
                            ``(i) initiating proceedings under section 
                        592 or 596;
                            ``(ii) implementing, in consultation with 
                        the relevant Federal agencies, rule sets or 
                        modifications to rules sets for identifying, 
                        particularly through the Automated Targeting 
                        System and the Automated Commercial 
                        Environment, importers, other parties, and 
                        merchandise that may be associated with 
                        evasion;
                            ``(iii) requiring, with respect to 
                        merchandise for which the importer has 
                        repeatedly provided incomplete or erroneous 
                        entry summary information in connection with 
                        determinations of evasion, the importer to 
                        deposit estimated duties at the time of entry; 
                        and
                            ``(iv) referring the record in whole or in 
                        part to the U.S. Immigration and Customs 
                        Enforcement Agency for civil or criminal 
                        investigation.
            ``(2) Cooperation of administering authority.--
                    ``(A) In general.--Upon receiving a notification 
                from the Commissioner under paragraph (1)(C), the 
                administering authority shall promptly provide to the 
                Commissioner the applicable cash deposit rates and 
                antidumping or countervailing duty assessment rates and 
                any necessary liquidation instructions.
                    ``(B) Special rule for cases in which the producer 
                or exporter is unknown.--If the Commissioner and the 
                administering authority are unable to determine the 
                producer or exporter of the merchandise with respect to 
                which a notification is made under paragraph (1)(C), 
                the administering authority shall identify, as the 
                applicable cash deposit rate or antidumping or 
                countervailing duty assessment rate, the cash deposit 
                or duty (as the case may be) in the highest amount 
                applicable to any producer or exporter, including the 
                `all-others' rate of the merchandise subject to an 
                antidumping order or countervailing duty order under 
                section 736 or 706, respectively, or a finding issued 
                under the Antidumping Act, 1921, or any administrative 
                review conducted under section 751.
    ``(e) Interim Measures.--Not later than 90 calendar days after 
initiating an investigation under subsection (b) with respect to 
covered merchandise, the Commissioner shall decide based on the 
investigation if there is a reasonable suspicion that such covered 
merchandise was entered into the customs territory of the United States 
through evasion and, if the Commissioner decides there is such a 
reasonable suspicion, the Commissioner shall--
            ``(1) suspend the liquidation of each unliquidated entry of 
        such covered merchandise that entered on or after the date of 
        the initiation of the investigation;
            ``(2) pursuant to the Commissioner's authority under 
        section 504(b), extend the period for liquidating each 
        unliquidated entry of such covered merchandise that entered 
        before the date of the initiation of the investigation; and
            ``(3) pursuant to the Commissioner's authority under 
        section 623, take such additional measures as the Commissioner 
        determines necessary to protect the revenue of the United 
        States, including requiring a single transaction bond or 
        additional security or the posting of a cash deposit with 
        respect to such covered merchandise.
    ``(f) Administrative Review.--
            ``(1) In general.--Not later than 30 business days after 
        the Commissioner makes a determination under subsection (c) 
        with respect to whether covered merchandise was entered into 
        the customs territory of the United States through evasion, a 
        person determined to have entered such covered merchandise 
        through evasion or a person that filed an allegation under 
        paragraph (2) of subsection (b) that resulted in the initiation 
        of an investigation under paragraph (1) of that subsection with 
        respect to such covered merchandise may file an appeal with the 
        Commissioner for de novo review of the determination.
            ``(2) Timeline for review.--Not later than 60 business days 
        after an appeal of a determination is filed under paragraph 
        (1), the Commissioner shall complete the review of the 
        determination.
    ``(g) Judicial Review.--
            ``(1) In general.--Not later than 30 business days after 
        the Commissioner completes a review under subsection (f) of a 
        determination under subsection (c) with respect to whether 
        covered merchandise was entered into the customs territory of 
        the United States through evasion, a person determined to have 
        entered such covered merchandise through evasion or a person 
        that filed an allegation under paragraph (2) of subsection (b) 
        that resulted in the initiation of an investigation under 
        paragraph (1) of that subsection with respect to such covered 
        merchandise may commence a civil action in the United States 
        Court of International Trade by filing concurrently a summons 
        and complaint contesting any factual findings or legal 
        conclusions upon which the determination is based.
            ``(2) Standard of review.--In a civil action under this 
        subsection, the court shall hold unlawful any determination, 
        finding, or conclusion found to be arbitrary, capricious, an 
        abuse of discretion, or otherwise not in accordance with law.
    ``(h) Rule of Construction With Respect to Other Civil and Criminal 
Proceedings and Investigations.--No determination under subsection (c) 
or action taken by the Commissioner pursuant to this section shall be 
construed to limit the authority to carry out, or the scope of, any 
other proceeding or investigation pursuant to any other provision of 
Federal or State law, including sections 592 and 596.''.
    (b) Conforming Amendment.--Section 1581(c) of title 28, United 
States Code, is amended by inserting ``or 517'' after ``516A''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act.
    (d) Regulations.--Not later than the date that is 180 days after 
the date of the enactment of this Act, the Secretary of the Treasury 
shall prescribe such regulations as may be necessary to implement the 
amendments made by this section.
    (e) Application to Canada and Mexico.--Pursuant to article 1902 of 
the North American Free Trade Agreement and section 408 of the North 
American Free Trade Agreement Implementation Act (19 U.S.C. 3438), the 
amendments made by this section shall apply with respect to goods from 
Canada and Mexico.

SEC. 303. ANNUAL REPORT ON PREVENTION AND INVESTIGATION OF EVASION OF 
              ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.

    (a) In General.--Not later than January 15 of each calendar year 
that begins on or after the date that is 270 days after the date of the 
enactment of this Act, the 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 the U.S. Customs 
                and Border Protection Agency 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 
                under subsection (b) of section 517 of the Tariff Act 
                of 1930, as added by section 302, and the number of 
                such allegations resulting in investigations by the 
                U.S. Customs and Border Protection Agency or any other 
                agency;
                    (C) a summary of investigations initiated under 
                subsection (b) of such section 517, including--
                            (i) the number and nature of the 
                        investigations initiated, conducted, and 
                        completed; and
                            (ii) the resolution of each completed 
                        investigation;
                    (D) the number of investigations initiated under 
                that subsection not completed during the time provided 
                for making determinations under subsection (c) of such 
                section 517 and an explanation for why the 
                investigations could not be completed on time;
                    (E) the amount of additional duties that were 
                determined to be owed as a result of such 
                investigations, the amount of such duties that were 
                collected, and, for any such duties not collected, a 
                description of the reasons those duties were not 
                collected;
                    (F) with respect to each such investigation that 
                led to the imposition of a penalty, the amount of the 
                penalty;
                    (G) an identification of the countries of 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;
                    (H) the amount of antidumping and countervailing 
                duties collected as a result of any investigations or 
                other actions by the U.S. Customs and Border Protection 
                Agency or any other agency;
                    (I) a description of the allocation of personnel 
                and other resources of the U.S. Customs and Border 
                Protection Agency and the U.S. Immigration and Customs 
                Enforcement Agency to prevent and investigate evasion, 
                including any assessments conducted regarding the 
                allocation of such personnel and resources; and
                    (J) 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 the U.S. 
        Customs and Border Protection Agency to prevent and investigate 
        evasion, including--
                    (A) the specific guidelines, policies, and 
                practices used by the Agency 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 the 
                Agency 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, the U.S. Immigration and 
                Customs Enforcement Agency, 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 the U.S. 
                Customs and Border Protection Agency 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 302;
            (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 the U.S. 
        Customs and Border Protection Agency to prevent and investigate 
        evasion.
    (d) Definitions.--In this section, the terms ``covered 
merchandise'' and ``evasion'' have the meanings given those terms in 
section 517(a) of the Tariff Act of 1930, as added by section 302.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. CONSULTATION ON TRADE AND CUSTOMS REVENUE FUNCTIONS.

    Section 401(c) of the Safety and Accountability for Every Port Act 
(6 U.S.C. 115(c)) is amended--
            (1) in paragraph (1), by striking ``on Department policies 
        and actions that have'' and inserting ``not later than 30 days 
        after proposing, and not later than 30 days before finalizing, 
        any Department policies, initiatives, or actions that will 
        have''; and
            (2) in paragraph (2)(A), by striking ``not later than 30 
        days prior to the finalization of'' and inserting ``not later 
        than 60 days before proposing, and not later than 60 days 
        before finalizing,''.

SEC. 402. DRAWBACK SIMPLIFICATION.

    (a) In General.--Section 313 of the Tariff Act of 1930 (19 U.S.C. 
1313) is amended to read as follows:

``SEC. 313. DRAWBACK.

    ``(a) Definitions.--In this section:
            ``(1) Bill of materials; formula.--The terms `bill of 
        materials' and `formula' mean records kept in the ordinary 
        course of business that identify each component incorporated 
        into merchandise or that identify the quantity of each element, 
        material, chemical, mixture, or other substance incorporated 
        into merchandise.
            ``(2) Commissioner.--The term `Commissioner' means the 
        Commissioner of U.S. Customs and Border Protection.
            ``(3) Destroyed merchandise.--The term `destroyed 
        merchandise' means merchandise that has undergone destruction.
            ``(4) Destruction.--The term `destruction' means a process 
        by which merchandise loses all commercial value, other than the 
        value of any material that may be recovered when the 
        merchandise is destroyed.
            ``(5) Direct identification.--The term `direct 
        identification' means the identification of merchandise that is 
        exported or destroyed to claim drawback with respect to 
        imported merchandise as the imported merchandise or merchandise 
        into which the imported merchandise is incorporated using--
                    ``(A) the serial number or other unique identifier 
                of the exported merchandise or destroyed merchandise 
                and the imported merchandise; or
                    ``(B) such accounting methods as are provided for 
                by regulation by the Commissioner.
            ``(6) Directly.--The term `directly' means a transfer of 
        merchandise from one person to another person without any 
        intermediate transfer.
            ``(7) Fungible.--The term `fungible' means, with respect to 
        merchandise, merchandise that is interchangeable for commercial 
        purposes with other merchandise and has properties that are 
        essentially identical to the properties of the other 
        merchandise.
            ``(8) Good subject to chile fta drawback.--The term `good 
        subject to Chile FTA drawback' has the meaning given that term 
        in section 203(a) of the United States-Chile Free Trade 
        Agreement Implementation Act (19 U.S.C. 3805 note).
            ``(9) Good subject to nafta drawback.--The term `good 
        subject to NAFTA drawback' has the meaning given that term in 
        section 203(a) of the North American Free Trade Agreement 
        Implementation Act (19 U.S.C. 3333(a)).
            ``(10) HTS.--The term `HTS' means the Harmonized Tariff 
        Schedule of the United States.
            ``(11) Incorporated.--The term `incorporated' means any 
        operation by which merchandise becomes classifiable in a 
        different 8-digit HTS subheading number.
            ``(12) Indirectly.--The term `indirectly' means a transfer 
        of merchandise from one person to another person with one or 
        more intermediate transfers.
            ``(13) Line item.--
                    ``(A) Imported merchandise.--The term `line item', 
                with respect to imported merchandise, means the 
                identification, in an entry filed pursuant to section 
                484, of merchandise imported from one country by net 
                quantity, entered value, 8-digit HTS subheading number, 
                and applicable duties, taxes, and fees.
                    ``(B) Exported merchandise.--The term `line item', 
                with respect to exported merchandise, means the 
                identification of the merchandise by 8-digit HTS 
                subheading number or Schedule B number, declared value, 
                and quantity.
            ``(14) NAFTA country.--The term `NAFTA country' has the 
        meaning given that term in section 2 of the North American Free 
        Trade Agreement Implementation Act (19 U.S.C. 3301).
            ``(15) Schedule b.--The term `Schedule B' means the 
        Department of Commerce Schedule B, Statistical Classification 
        of Domestic and Foreign Commodities Exported from the United 
        States.
            ``(16) Substitute merchandise.--The term `substitute 
        merchandise' means merchandise that is substituted for other 
        merchandise for drawback purposes pursuant to subsection (g).
            ``(17) Vessel.--The term `vessel' includes vessels, parts 
        of vessels, aircraft, and parts of aircraft.
    ``(b) Eligibility for Drawback.--
            ``(1) In general.--A person described in subsection (c) is 
        eligible for drawback of duties, taxes, and fees imposed under 
        Federal law paid on imported merchandise in an amount 
        determined under subsection (h) if--
                    ``(A) the imported merchandise meets the 
                requirements of subsection (d);
                    ``(B)(i) merchandise that meets the requirements of 
                subsection (e) is exported; or
                    ``(ii) merchandise that meets the requirements of 
                subsection (f) is destroyed; and
                    ``(C) the person files a claim for drawback with 
                respect to the imported merchandise in accordance with 
                subsection (i).
            ``(2) Multiple drawback claims.--If a person claims 
        drawback under paragraph (1) with respect to imported 
        merchandise based on exported merchandise or destroyed 
        merchandise, the exported merchandise or destroyed merchandise 
        (as the case may be) may not be the basis of any other claim 
        for drawback, except that appropriate credit and deductions for 
        claims covering components or ingredients of exported 
        merchandise or destroyed merchandise shall be made in 
        determining the amount of drawback under subsection (h).
    ``(c) Persons Eligible To Claim Drawback.--
            ``(1) In general.--A person may claim drawback under this 
        section if the person--
                    ``(A)(i) imports the merchandise on which the claim 
                is based; or
                    ``(ii) obtains the authorization of the importer to 
                claim the drawback; and
                    ``(B)(i) exports or destroys the merchandise that 
                was exported or destroyed to claim drawback with 
                respect to the imported merchandise; or
                    ``(ii) obtains the authorization of the exporter or 
                the person that destroyed the merchandise (as the case 
                may be) to claim drawback.
            ``(2) Liability for claims.--
                    ``(A) In general.--Any person making a claim for 
                drawback with respect to imported merchandise shall be 
                liable for the full amount of the drawback claimed 
                against the imported merchandise.
                    ``(B) Liability of importers.--An importer shall be 
                liable for any drawback claim made by another person 
                with respect to imported merchandise in an amount equal 
                to the lesser of--
                            ``(i) the amount of duties, taxes, and fees 
                        that the person claimed with respect to the 
                        imported merchandise; or
                            ``(ii) the amount of duties, taxes, and 
                        fees that the importer authorized the other 
                        person to claim with respect to the imported 
                        merchandise.
                    ``(C) Joint and several liability.--Persons 
                described in subparagraph (A) and (B) shall be jointly 
                and severally liable for the amount described in 
                subparagraph (B).
                    ``(D) Order of recovery.--The Secretary of the 
                Treasury shall seek to recover the amount of the 
                drawback from a person described in subparagraph (A) 
                before seeking recovery from an importer described in 
                subparagraph (B).
    ``(d) Requirements for Imported Merchandise.--Imported merchandise 
meets the requirements of this subsection if--
            ``(1) all applicable duties, taxes, and fees have been paid 
        on the imported merchandise; and
            ``(2) the imported merchandise is entered or withdrawn from 
        warehouse for consumption.
    ``(e) Requirements for Exported Merchandise.--
            ``(1) In general.--Exported merchandise meets the 
        requirements of this subsection if the exported merchandise 
        is--
                    ``(A) the imported merchandise;
                    ``(B) merchandise that is substituted for the 
                imported merchandise pursuant to subsection (g);
                    ``(C) merchandise into which the imported 
                merchandise or substitute merchandise is incorporated; 
                or
                    ``(D) merchandise that is substituted, pursuant to 
                subsection (g), for merchandise into which the imported 
                merchandise or substitute merchandise is incorporated.
            ``(2) Special rules with respect to incorporation of 
        merchandise into other merchandise.--For purposes of 
        subparagraphs (C) and (D) of paragraph (1), imported 
        merchandise or substitute merchandise is incorporated into 
        other merchandise--
                    ``(A) if the bill of materials or formula for such 
                other merchandise submitted with the claim for drawback 
                under subsection (i) includes the imported merchandise 
                or substitute merchandise; and
                    ``(B) without regard to the number of times the 
                imported merchandise or substitute merchandise is 
                incorporated into such other merchandise.
    ``(f) Requirements for Destroyed Merchandise.--
            ``(1) In general.--Destroyed merchandise meets the 
        requirements of this subsection if--
                    ``(A) the merchandise is--
                            ``(i) the imported merchandise;
                            ``(ii) merchandise that is substituted for 
                        the imported merchandise pursuant to subsection 
                        (g);
                            ``(iii) merchandise into which the imported 
                        merchandise or substitute merchandise is 
                        incorporated; or
                            ``(iv) merchandise that is substituted, 
                        pursuant to subsection (g), for merchandise 
                        into which the imported merchandise or 
                        substitute merchandise is incorporated; and
                    ``(B) the merchandise--
                            ``(i) is not exported because of its 
                        destruction; and
                            ``(ii) was not used in the United States 
                        before its destruction.
            ``(2) Treatment of returned merchandise.--For purposes of 
        paragraph (1)(B)(ii), merchandise is not used in the United 
        States solely because the merchandise is--
                    ``(A) sold at retail by the importer or another 
                person that received the merchandise from the importer 
                under a certificate of delivery; and
                    ``(B) subsequently returned to and accepted by the 
                importer or other person described in subparagraph (A).
    ``(g) Substitution.--
            ``(1) In general.--Except as provided in this subsection, 
        merchandise may be substituted for other merchandise if it can 
        be demonstrated that the merchandise was classifiable under the 
        same 8-digit HTS subheading number as such other merchandise at 
        some point during the 5-year period beginning on the date on 
        which the merchandise was imported.
            ``(2) Classification.--The Schedule B number for 
        merchandise may be used for purposes of determining under 
        paragraph (1) if the merchandise is or has been classified 
        under the same 8-digit HTS subheading number as other 
        merchandise, without regard to whether the Schedule B number 
        encompasses more than one 8-digit HTS subheading number.
            ``(3) Special substitution rules.--
                    ``(A)(i) Merchandise that is classifiable under any 
                heading or subheading of the HTS specified in clause 
                (ii) may be substituted for other merchandise if the 
                merchandise is classifiable under the same 8-digit HTS 
                subheading number as the other merchandise under the 
                HTS as in effect on January 1, 2000.
                    ``(ii) A heading or subheading of the HTS specified 
                in this clause is--
                            ``(I) any of headings 2707 through 2715, 
                        2901, or 2902;
                            ``(II) any of headings 3901 through 3914 
                        (as such headings apply to the primary forms 
                        provided under Note 6 to chapter 39 of the 
                        HTS); or
                            ``(III) subheading 2903.21.00, 2909.19.14, 
                        2917.36, 2917.39.04, 2917.39.15, 2926.10.00, 
                        3811.21.00, or 3811.90.00.
                    ``(B) Merchandise that is classifiable under 
                subheading 2204.21.50, 2204.29.20, or 2204.29.60 of the 
                HTS may be substituted for other merchandise that is 
                classifiable under any such subheading.
                    ``(C) Merchandise that is classifiable under 
                subheading 2204.21.80, 2204.29.40, or 2204.29.80 of the 
                HTS may be substituted for other merchandise that is 
                classifiable under any such subheading.
            ``(4) Special rule for ethyl alcohol.--Notwithstanding any 
        other provision of law, in the case of any duty paid under 
        subheading 9901.00.50 of the HTS on imports of ethyl alcohol or 
        a mixture of ethyl alcohol, such duty may not be refunded if 
        the exported merchandise upon which a drawback claim is based 
        does not contain ethyl alcohol or a mixture of ethyl alcohol.
    ``(h) Amount of Drawback.--
            ``(1) Claims based on exportation of imported or substitute 
        merchandise.--If a person claims drawback with respect to 
        imported merchandise based on the exportation of the imported 
        merchandise or substitute merchandise, the amount of drawback 
        paid pursuant to this section shall be equal to 99 percent of 
        the product of--
                    ``(A) the number of units of the imported 
                merchandise or substitute merchandise exported to claim 
                drawback with respect to the imported merchandise, and
                    ``(B) the lesser of--
                            ``(i) the amount of duties, taxes, and fees 
                        paid with respect to the line item for the 
                        imported merchandise divided by the total 
                        number of units of the imported merchandise 
                        included in the line item, or
                            ``(ii) the amount of duties, taxes, and 
                        fees that would apply to the exported 
                        merchandise if the exported merchandise were 
                        imported divided by the number of units of the 
                        exported merchandise.
            ``(2) Claims based on destruction of imported merchandise, 
        merchandise into which imported merchandise is incorporated, or 
        merchandise substituted for merchandise into which imported 
        merchandise is incorporated.--If a person claims drawback with 
        respect to imported merchandise based on the destruction of the 
        imported merchandise, merchandise into which the imported 
        merchandise is incorporated, or merchandise substituted for 
        merchandise into which the imported merchandise is 
        incorporated, the amount of drawback paid pursuant to this 
        section shall be equal to 99 percent of--
                    ``(A) the product of--
                            ``(i) the number of units of the imported 
                        merchandise destroyed to claim drawback with 
                        respect to the imported merchandise or 
                        incorporated into merchandise for which the 
                        destroyed merchandise is substituted, and
                            ``(ii) the amount of duties, taxes, and 
                        fees paid with respect to the line item for the 
                        imported merchandise divided by the total 
                        number of units of the imported merchandise 
                        included in the line item, minus
                    ``(B) the value of any materials recovered during 
                the destruction of the destroyed merchandise (including 
                the value of any tax benefit or royalty payment with 
                respect to such materials).
            ``(3) Claims based on exportation of merchandise into which 
        imported or substitute merchandise is incorporated or 
        merchandise substituted for merchandise into which imported or 
        substitute merchandise is incorporated.--If a person claims 
        drawback with respect to imported merchandise based on the 
        exportation of merchandise into which the imported merchandise 
        or substitute merchandise is incorporated, or merchandise 
        substituted for merchandise into which the imported merchandise 
        or substitute merchandise is incorporated, the amount of 
        drawback paid pursuant to this section shall be equal to 99 
        percent of the product of--
                    ``(A) the number of units of the imported 
                merchandise or substitute merchandise incorporated into 
                the exported merchandise or the merchandise for which 
                the exported merchandise is substituted, and
                    ``(B)(i) in the case of exported merchandise into 
                which the imported merchandise is incorporated or 
                exported merchandise substituted for merchandise into 
                which the imported merchandise is incorporated, the 
                amount of duties, taxes, and fees paid with respect to 
                the line item for the imported merchandise divided by 
                the number of units of the imported merchandise 
                included in the line item, or
                    ``(ii) in the case of exported merchandise into 
                which substitute merchandise is incorporated or 
                exported merchandise substituted for merchandise into 
                which substitute merchandise is incorporated, the 
                lesser of--
                            ``(I) the amount of duties, taxes, and fees 
                        paid with respect to the line item for the 
                        imported merchandise divided by the total 
                        number of units of the imported merchandise 
                        included in the line item, or
                            ``(II) the amount of duties, taxes, and 
                        fees that would apply to the substitute 
                        merchandise, if the substitute merchandise were 
                        imported, divided by the number of units of the 
                        substitute merchandise incorporated into the 
                        exported merchandise or the merchandise for 
                        which the exported merchandise is substituted.
            ``(4) Claims based on destruction of substitute 
        merchandise, merchandise into which substitute merchandise is 
        incorporated, or merchandise substituted for merchandise into 
        which substitute merchandise is incorporated.--If a person 
        claims drawback with respect to imported merchandise based on 
        the destruction of substitute merchandise, merchandise into 
        which substitute merchandise is incorporated, or merchandise 
        substituted for merchandise into which substitute merchandise 
        is incorporated, the amount of drawback paid pursuant to this 
        section shall be equal to 99 percent of the lesser of--
                    ``(A) the amount of--
                            ``(i) duties, taxes, and fees that would 
                        apply to the substitute merchandise destroyed, 
                        incorporated into destroyed merchandise, or 
                        incorporated into merchandise for which the 
                        destroyed merchandise is substituted, if the 
                        substitute merchandise were imported, minus
                            ``(ii) the value of any materials recovered 
                        during the destruction of the destroyed 
                        merchandise (including the value of any tax 
                        benefit or royalty payment with respect to such 
                        materials), or
                    ``(B) the amount of drawback the person could have 
                claimed under paragraph (2) if the person had destroyed 
                the imported merchandise.
            ``(5) Limitation for duties, taxes, and fees previously 
        refunded.--The amount of duties, taxes, and fees that may be 
        refunded as drawback with respect to imported merchandise 
        pursuant to this subsection shall be reduced by the amount of 
        any duties, taxes, and fees previously refunded to a person 
        with respect to such merchandise.
    ``(i) Filing Requirements.--The requirements for filing a claim for 
drawback under this subsection are the following:
            ``(1) Electronic filing.--The claim shall be filed 
        electronically.
            ``(2) Time limit for claim.--The claim shall be filed not 
        later than 5 years after the date--
                    ``(A) on which the merchandise with respect to 
                which drawback is claimed is imported; or
                    ``(B) if the claim is based on merchandise imported 
                on more than one date, the earliest date on which any 
                such merchandise was imported.
            ``(3) Identification of merchandise.--The claim shall 
        include an identification of the merchandise with respect to 
        which the claim is filed as follows:
                    ``(A) If drawback is claimed with respect to 
                imported merchandise based on the exportation of 
                merchandise, a demonstration that the exported 
                merchandise meets the requirements of subsection (e) 
                using--
                            ``(i)(I) the information contained in the 
                        line item for the imported merchandise and 
                        information contained in the line item for the 
                        exported merchandise; and
                            ``(II) in the case of imported merchandise 
                        or substitute merchandise incorporated into the 
                        exported merchandise or merchandise that is 
                        substituted for merchandise into which imported 
                        merchandise or substitute merchandise is 
                        incorporated, a bill of materials or formula 
                        identifying the imported merchandise or 
                        substitute merchandise and the exported 
                        merchandise by the 8-digit HTS subheading 
                        number and the quantity of the imported 
                        merchandise or substitute merchandise and the 
                        exported merchandise; or
                            ``(ii) direct identification.
                    ``(B) If drawback is claimed with respect to 
                imported merchandise based on the destruction of 
                merchandise, an identification of the imported 
                merchandise and the destroyed merchandise using--
                            ``(i)(I) the information contained in the 
                        line item for the imported merchandise and 
                        information identifying the destroyed 
                        merchandise by 8-digit HTS subheading number 
                        and quantity; and
                            ``(II) in the case of imported merchandise 
                        or substitute merchandise incorporated into the 
                        destroyed merchandise or merchandise that is 
                        substituted for merchandise into which imported 
                        merchandise or substitute merchandise is 
                        incorporated, a bill of materials or formula 
                        identifying the imported merchandise or 
                        substitute merchandise and the destroyed 
                        merchandise by the 8-digit HTS subheading 
                        number and the quantity of the imported 
                        merchandise or substitute merchandise and the 
                        destroyed merchandise; or
                            ``(ii) using direct identification.
            ``(4) Proof of exportation.--If drawback is claimed with 
        respect to imported merchandise based on the exportation of 
        merchandise, the claim shall include, as proof of exportation, 
        one of the following:
                    ``(A) The record of exportation entered in the 
                automated export system of the United States Government 
                or, if the exporter is unable to use that system, 
                information similar to the information contained in 
                such a record that is kept by the exporter in the 
                ordinary course of business.
                    ``(B) In the case of a deemed export, any record 
                that establishes the deemed export, or a copy of such a 
                record, that is kept by the exporter in the ordinary 
                course of business.
            ``(5) Proof of authorization.--The claim shall include, as 
        proof of the authorization under subsection (c)(1) of the 
        importer, exporter, or person who destroyed merchandise, as 
        appropriate, for another person to claim drawback, records kept 
        in the ordinary course of business demonstrating the 
        authorization.
    ``(j) Special Rules.--
            ``(1) Vessels built for residents of a foreign country.--
        Drawback under this section may be claimed for materials 
        imported and used in the construction and equipment of vessels 
        built for foreign account and ownership, or for the government 
        of any foreign country, notwithstanding that such vessels may 
        not within the strict meaning of the term be exported.
            ``(2) Agricultural products.--No drawback may be claimed 
        under this section for an agricultural product with respect to 
        which an over-quota rate of duty has been paid, unless the 
        product is identified as the imported agricultural product 
        using direct identification.
            ``(3) Certain exported merchandise.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), upon the exportation of flavoring 
                extracts, flavors, medicines, medicinal preparations, 
                or perfumes manufactured or produced in the United 
                States in part from domestic alcohol on which an 
                internal revenue tax has been paid, there shall be 
                allowed a drawback in an amount equal to the tax found 
                to have been paid on the alcohol so used.
                    ``(B) Limitation.--If drawback has been claimed 
                under section 5114 of the Internal Revenue Code of 1986 
                with respect to flavoring extracts, flavors, medicines, 
                medicinal preparations, or perfumes manufactured or 
                produced in the United States, the amount of drawback 
                under this paragraph shall be limited to $1 per proof 
                gallon.
                    ``(C) Form of claim.--A claim for drawback under 
                this paragraph shall be submitted in such form, at such 
                times, and under such conditions as the Secretary of 
                the Treasury shall prescribe by regulation.
            ``(4) Payment from receipts of puerto rico.--A drawback 
        under this section for merchandise shall be paid from the 
        customs receipts of Puerto Rico if the duties for such 
        merchandise were originally paid into the Treasury of Puerto 
        Rico.
    ``(k) Drawback on Exported Goods Under Certain Free Trade 
Agreements.--
            ``(1) Special rules for nafta countries.--
                    ``(A) In general.--Subject to section 508(b)(2)(B) 
                of the Tariff Act of 1930 (19 U.S.C. 1508(b)(2)(B)), 
                and for purposes of this section, if merchandise that 
                is exported to a NAFTA country is a good subject to 
                NAFTA drawback, no customs duties on the good may be 
                refunded, waived, or reduced in an amount that exceeds 
                the lesser of--
                            ``(i) the total amount of customs duties 
                        paid or owed on the good on importation into 
                        the United States; or
                            ``(ii) the total amount of customs duties 
                        paid on the good on importation into the NAFTA 
                        country.
                    ``(B) Special rule for canada.--If Canada ceases to 
                be a NAFTA country and the suspension of the operation 
                of the United States-Canada Free-Trade Agreement 
                thereafter terminates, then for purposes of this 
                section, the shipment to Canada during the period such 
                Agreement is in operation of merchandise made from or 
                substituted for a good eligible for drawback under 
                section 204(a) of the United States-Canada Free-Trade 
                Agreement Implementation Act of 1988 (Public Law 100-
                449; 19 U.S.C. 2112 note) does not constitute an 
                exportation.
                    ``(C) Fungible merchandise exported to nafta 
                countries.--The exportation to a NAFTA country of 
                merchandise that is fungible with and substituted for 
                imported merchandise, other than merchandise described 
                in paragraphs (1) through (8) of section 203(a) of the 
                North American Free Trade Agreement Implementation Act 
                (19 U.S.C. 3333(a)), shall not be treated as an 
                exportation of substitute merchandise for purposes of 
                drawback under this section.
                    ``(D) Proof of exportation to canada or mexico.--
                Notwithstanding subsection (i)(4), a person filing a 
                claim under this paragraph shall submit, as proof of 
                exportation, the entry records from Canada or Mexico.
            ``(2) Special rules for chile.--
                    ``(A) In general.--For purposes of this section, if 
                merchandise that is exported to Chile is a good subject 
                to Chile FTA drawback, no customs duties on the good 
                may be refunded, waived, or reduced, except as provided 
                in subparagraph (B).
                    ``(B) Amount of customs duties.--The customs duties 
                referred to in subparagraph (A) may be refunded, 
                waived, or reduced by--
                            ``(i) 100 percent during the 8-year period 
                        beginning on January 1, 2004;
                            ``(ii) 75 percent during the 1-year period 
                        beginning on January 1, 2012;
                            ``(iii) 50 percent during the 1-year period 
                        beginning on January 1, 2013; and
                            ``(iv) 25 percent during the 1-year period 
                        beginning on January 1, 2014.
                    ``(C) Fungible merchandise exported to chile.--
                Beginning on January 1, 2015, the exportation to Chile 
                of merchandise that is fungible with and substituted 
                for imported merchandise, other than merchandise 
                described in paragraphs (1) through (5) of section 
                203(a) of the United States-Chile Free Trade Agreement 
                Implementation Act (19 U.S.C. 3805 note), shall not be 
                treated as an exportation of substitute merchandise for 
                purposes of drawback under this section. The preceding 
                sentence shall not be construed to permit the 
                substitution of merchandise under this section with 
                respect to merchandise described in paragraph (2) of 
                section 203(a) of the United States-Chile Free Trade 
                Agreement Implementation Act.''.
    (b) Technical and Conforming Amendments.--
            (1) Refunds.--Section 505(b) of the Tariff Act of 1930 (19 
        U.S.C. 1505(b)) is amended by adding at the end the following: 
        ``Refunds of excess moneys deposited, as determined on a 
        liquidation or reliquidation, shall be reduced by any amount 
        paid, on an accelerated basis or otherwise, to a person 
        claiming drawback pursuant to section 313.''
            (2) Review of protests.--The second sentence of section 
        515(a) of the Tariff Act of 1930 (19 U.S.C. 1515(a)) is amended 
        by striking the period at the end and inserting ``in accordance 
        with section 505.''.
            (3) Refunds, waivers, and reductions of duty under nafta.--
        Section 508(b)(2)(B)(i)(III) of the Tariff Act of 1930 (19 
        U.S.C. 1508(b)(2)(B)(i)(III)) is amended by striking ``section 
        313(n)(2) or (o)(1)'' and inserting ``section 313(k)(1)''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to drawback claims 
        filed with respect to merchandise that enters the United States 
        on or after the date that is 2 years after the date of the 
        enactment of this Act.
            (2) Transition rule.--During the 1-year period beginning on 
        the date specified in paragraph (1), a person may elect to file 
        a claim for drawback under--
                    (A) section 313 of the Tariff Act of 1930, as 
                amended by this section; or
                    (B) section 313 of the Tariff Act of 1930, as in 
                effect on the day before the date specified in 
                paragraph (1).
    (d) Government Accountability Office Report.--Not later than the 
date that is 4 years after the date of the enactment of this Act, the 
Comptroller General of the United States shall submit to the Committee 
on Finance of the Senate and the Committee on Ways and Means of the 
House of Representatives a report that contains--
            (1) an evaluation of the costs and benefits to the Federal 
        Government, and the benefits to the private sector, resulting 
        from the implementation of section 313 of the Tariff Act of 
        1930, as amended by this section; and
            (2) an assessment of the extent to which the implementation 
        of that section may permit a person claiming drawback with 
        respect to imported merchandise to receive drawback in excess 
        of the duties, taxes, or fees paid on the imported merchandise.

SEC. 403. PENALTIES FOR CUSTOMS BROKERS.

    (a) In General.--Section 641(d)(1) of the Tariff Act of 1930 (19 
U.S.C. 1641(d)(1)) is amended--
            (1) in subparagraph (E), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (F), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(G) has been convicted of committing or 
                conspiring to commit an act of terrorism described in 
                section 2332b of title 18, United States Code.''.
    (b) Technical Amendments.--Section 641 of the Tariff Act of 1930 
(19 U.S.C. 1641) is amended--
            (1) in subsection (g)(2)(B), by striking ``Secretary's 
        notice'' and inserting ``notice under subparagraph (A)''; and
            (2) by striking ``Customs Service'' each place it appears 
        and inserting ``U.S. Customs and Border Protection Agency''.

SEC. 404. AMENDMENTS TO CHAPTER 98 OF THE HARMONIZED TARIFF SCHEDULE OF 
              THE UNITED STATES.

    (a) Articles Exported and Returned, Advanced or Improved Abroad.--
Subchapter II of chapter 98 of the Harmonized Tariff Schedule of the 
United States is amended by adding at the end of U.S. Note 3 the 
following:
            ``(f)(i) For purposes of subheadings 9802.00.40 and 
        9802.00.50, fungible articles exported from the United States 
        for the purposes described in such subheadings--
                    ``(A) may be commingled; and
                    ``(B) the origin, value, and classification of such 
                articles may be accounted for using an inventory 
                management method.
            ``(ii) If a person chooses to use an inventory management 
        method under this subdivision with respect to fungible 
        articles, the person shall use the same inventory management 
        method for those articles with respect to which the person 
        claims fungibility.
            ``(iii) For purposes of this subdivision--
                    ``(A) the term `fungible articles' means articles 
                that are interchangeable for commercial purposes and 
                have essentially identical properties; and
                    ``(B) the term `inventory management method' means 
                any method for managing inventory that is based on 
                generally accepted accounting principles.''.
    (b) Modification of Provisions Relating to Returned Property.--The 
article description for subheading 9801.00.10 of the Harmonized Tariff 
Schedule of the United States is amended by inserting after 
``exported'' the following: ``, or any other products when returned 
within 3 years after having been exported''.
    (c) Duty-Free Treatment for Certain United States Government 
Property Returned to the United States.--Subchapter I of chapter 98 of 
the Harmonized Tariff Schedule of the United States is amended by 
inserting in numerical sequence the following new subheading:


``      9801.00.11       United States       Free         ...............  ...............  ...............  ''.
                          Government
                          property,
                          returned to the
                          United States
                          without having
                          been advanced in
                          value or improved
                          in condition by
                          any means while
                          abroad, entered
                          by the United
                          States Government
                          or a contractor
                          to the United
                          States
                          Government, and
                          certified by the
                          importer as
                          United States
                          Government
                          property.........

SEC. 405. CHARTER FLIGHTS.

    Section 13031(e)(1) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) is amended--
            (1) by striking ``(1) Notwithstanding section 451 of the 
        Tariff Act of 1930 (19 U.S.C. 1451) or any other provision of 
        law (other than paragraph (2))'' and inserting the following:
    ``(1)(A) Notwithstanding section 451 of the Tariff Act of 1930 (19 
U.S.C. 1451) or any other provision of law (other than subparagraph (B) 
and paragraph (2))''; and
            (2) by adding at the end the following:
    ``(B)(i) An appropriate officer of the U.S. Customs and Border 
Protection Agency may assign a sufficient number of employees from the 
Agency (if available) to perform services described in clause (ii) for 
a charter air carrier (as defined in section 40102 of title 49, United 
States Code) for a charter flight arriving after normal operating hours 
at an airport that is an established port of entry serviced by the 
Agency, notwithstanding that overtime funds for those services are not 
available, if the charter air carrier--
            ``(I) not later than 4 hours before the flight arrives, 
        specifically requests that such services be provided; and
            ``(II) pays any overtime fees incurred in connection with 
        such services.
    ``(ii) Services described in this clause are customs services for 
passengers and their baggage or any other such service that could 
lawfully be performed during regular hours of operation.''.

SEC. 406. PILOT PROGRAM TO DESIGNATE ADDITIONAL 24-HOUR COMMERCIAL 
              PORTS OF ENTRY.

    (a) Establishment of Pilot Program.--The President shall establish 
a pilot program under which the President shall--
            (1) pursuant to the Act of August 1, 1914 (38 Stat. 623, 
        chapter 223; 19 U.S.C. 2), designate certain land border 
        crossings as 24-hour commercial ports of entry in accordance 
        with subsections (b) and (c); and
            (2) ensure that each land border crossing designated as a 
        commercial port of entry under the pilot program has sufficient 
        resources--
                    (A) to carry out the functions of a commercial port 
                of entry, including accepting entries of merchandise, 
                collecting duties, and enforcing the customs and trade 
                laws of the United States; and
                    (B) to perform those functions 24 hours a day.
    (b) Designation.--Not later than 180 days after the date of the 
enactment of this Act, the President shall, after considering the 
criteria set forth in subsection (c) and any input provided by the 
public, designate not fewer than 2 and not more than 6 land border 
crossings, equally divided between land border crossings on the 
northern and southern borders of the United States, as 24-hour 
commercial ports of entry under the pilot program established under 
subsection (a).
    (c) Criteria.--In designating a land border crossing as a 24-hour 
commercial port of entry under the pilot program established under 
subsection (a), the President shall consider the following:
            (1) The number of 24-hour commercial ports of entry already 
        located in the State in which the land border crossing is 
        located.
            (2) The costs associated with operating the land border 
        crossing as a 24-hour commercial port of entry, including 
        whether the Federal Government would be required to acquire or 
        lease additional land.
            (3) The positive economic impact of designating the land 
        border crossing as a 24-hour commercial port of entry on the 
        community in which the land border crossing is located.
            (4) Any commitment of resources by the government of Canada 
        or Mexico, as applicable, to a similar designation of a 
        corresponding foreign port of entry.
            (5) The support demonstrated by the government of the State 
        or locality in which the land border crossing is located, 
        including through infrastructure improvements, to facilitate 
        the operation of the land border crossing as a 24-hour 
        commercial port of entry.
    (d) Termination.--
            (1) Determination of economic benefit.--Not later than the 
        date that is 2 years after the date on which a land border 
        crossing designated as a 24-hour commercial port of entry under 
        the pilot program established under subsection (a) becomes 
        fully operational as a 24-hour commercial port of entry, the 
        President shall--
                    (A) determine whether the operation of the land 
                border crossing as a port of entry 24 hours a day 
                provides a net economic benefit to the United States; 
                and
                    (B) submit to the Committee on Finance of the 
                Senate and Committee on Ways and Means of the House of 
                Representatives a report on that determination and the 
                reasons for that determination.
            (2) Termination.--If the President determines under 
        paragraph (1) that operating a land border crossing as a port 
        of entry 24 hours a day does not provide a net economic benefit 
        to the United States, the land border crossing shall cease to 
        operate as a port of entry 24 hours a day on the date on which 
        the President submits the report under paragraph (1)(B).
    (e) Report.--Not later than 90 days before the President makes a 
determination under subsection (d)(1) with respect to a land border 
crossing designated as a 24-hour commercial port of entry under the 
pilot program established under subsection (a), the President shall 
submit to the Committee on Finance of the Senate and Committee on Ways 
and Means of the House of Representatives a report that provides--
            (1) a comparison of the vehicle traffic, the estimated 
        total volume of commercial merchandise entered, and the wait 
        times at the land border crossing--
                    (A) during the 2-year period preceding the 
                designation of the land border crossing as a 24-hour 
                commercial port of entry; and
                    (B) after the land border crossing becomes fully 
                operational as a 24-hour commercial port of entry;
            (2) a comparison of the total value of commercial 
        merchandise transported through the land border crossing--
                    (A) during the 2-year period preceding the 
                designation of the land border crossing as a 24-hour 
                commercial port of entry; and
                    (B) after the land border crossing becomes fully 
                operational as a 24-hour commercial port of entry; and
            (3) a comparison of wait times at other ports of entry in 
        the State in which the land border crossing is located--
                    (A) during the 2-year period preceding the 
                designation of the land border crossing as a 24-hour 
                commercial port of entry; and
                    (B) after the land border crossing becomes fully 
                operational as a 24-hour commercial port of entry.

SEC. 407. ELIMINATION OF CONSUMPTIVE DEMAND EXCEPTION TO PROHIBITION ON 
              IMPORTATION OF GOODS MADE WITH CONVICT LABOR, FORCED 
              LABOR, OR INDENTURED LABOR; REPORT.

    (a) Elimination of Consumptive Demand Exception.--
            (1) In general.--Section 307 of the Tariff Act of 1930 (19 
        U.S.C. 1307) is amended by striking ``The provisions of this 
        section'' and all that follows through ``of the United 
        States.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date that is 15 days after the date of 
        the enactment of this Act.
    (b) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter, 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 on compliance 
with section 307 of the Tariff Act of 1930 (19 U.S.C. 1307) that 
includes the following:
            (1) The number of instances in which merchandise was denied 
        entry pursuant to that section during the 1-year period 
        preceding the submission of the report.
            (2) A description of the merchandise denied entry pursuant 
        to that section.
            (3) Such other information as the Commissioner considers 
        appropriate with respect to monitoring and enforcing compliance 
        with that section.

SEC. 408. HONEY TRANSSHIPMENT.

    (a) In General.--The Commissioner of U.S. Customs and Border 
Protection shall direct appropriate personnel and resources of the U.S. 
Customs and Border Protection Agency 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 of U.S. Customs and 
        Border Protection 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 of U.S. Customs and Border 
Protection 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.

SEC. 409. CONTRABAND ARCHAEOLOGICAL OR ETHNOLOGICAL MATERIALS.

    (a) In General.--The Commissioner shall ensure that appropriate 
personnel of the U.S. Customs and Border Protection Agency are trained 
in the detection, identification, and detention of archaeological or 
ethnological materials the importation of which violates the customs 
and trade laws of the United States.
    (b) Training.--The Commissioner is authorized to accept training 
and other support services from experts outside of the Federal 
Government in the detection, identification, and detention of 
archaeological or ethnological materials described in subsection (a).

SEC. 410. DE MINIMIS VALUE AND ENTRY UNDER REGULATIONS.

    (a) Increase in Maximum Value of Articles That May Be Imported 
Duty-Free by One Person on One Day.--
            (1) In general.--Section 321(a)(2)(C) of the Tariff Act of 
        1930 (19 U.S.C. 1321(a)(2)(C)) is amended by striking ``$200'' 
        and inserting ``$800''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to articles entered, or withdrawn from 
        warehouse for consumption, on or after the 15th day after the 
        date of the enactment of this Act.
    (b) Entry Under Regulations.--Section 498 of the Tariff Act of 1930 
(19 U.S.C. 1498) is amended--
            (1) in subsection (a), by striking paragraph (1) and 
        inserting the following:
            ``(1) Merchandise, when different commercial facilitation 
        and risk considerations that may vary for different classes or 
        kinds of merchandise or different classes of transactions may 
        dictate;'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following:
    ``(b) Entry of Merchandise Valued at $2,500 or Less.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary of the Treasury shall prescribe rules and regulations 
        for the declaration and entry of merchandise if the aggregate 
        value of the shipment of merchandise does not exceed $2,500.
            ``(2) Exception.--The rules and regulations prescribed 
        under paragraph (1) shall not apply to merchandise that--
                    ``(A) has a value in excess of $250; and
                    ``(B) is classified under section VII, VIII, XI, or 
                XII, chapter 94, or subchapter III or IV of chapter 99 
                of the Harmonized Tariff Schedule of the United 
                States.''.

SEC. 411. REPEAL OF AUTHORITY OF U.S. CUSTOMS AND BORDER PROTECTION 
              AGENCY TO ENTER INTO CERTAIN REIMBURSABLE FEE AGREEMENTS.

    Section 560 of the Department of Homeland Security Appropriations 
Act, 2013 (division D of the Consolidated and Further Continuing 
Appropriations Act, 2013) is repealed.
                                 <all>