[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1916 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 1916

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2015

  Mr. Levin introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committee on 
 Homeland Security, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To reauthorize trade enforcement and trade facilitation 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 Enforcement 
and Trade Facilitation Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
           TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT

Sec. 101. Improving partnership programs.
Sec. 102. Report on effectiveness of trade enforcement activities.
Sec. 103. Priorities and performance standards for customs 
                            modernization, trade facilitation, and 
                            trade enforcement functions and programs.
Sec. 104. Educational seminars to improve efforts to classify and 
                            appraise imported articles, to improve 
                            trade enforcement efforts, and to otherwise 
                            facilitate legitimate international trade.
Sec. 105. Joint strategic plan.
Sec. 106. Automated Commercial Environment.
Sec. 107. International Trade Data System.
Sec. 108. Consultations with respect to mutual recognition 
                            arrangements.
Sec. 109. Commercial Customs Operations Advisory Committee.
Sec. 110. Centers of Excellence and Expertise.
Sec. 111. Commercial Targeting Division and National Targeting and 
                            Analysis Groups.
Sec. 112. Report on oversight of revenue protection and enforcement 
                            measures.
Sec. 113. Report on security and revenue measures with respect to 
                            merchandise transported in bond.
Sec. 114. Importer of record program.
Sec. 115. Customs broker identification of importers.
Sec. 116. Establishment of new importer program.
Sec. 117. Requirements applicable to non-resident importers.
Sec. 118. Single entry bond for suspected evasion.
                   TITLE II--IMPORT HEALTH AND SAFETY

Sec. 201. Interagency import safety working group.
Sec. 202. Joint import safety rapid response plan.
Sec. 203. Training.
  TITLE III--IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Sec. 301. Definition of intellectual property rights.
Sec. 302. Exchange of information related to trade enforcement.
Sec. 303. Seizure of circumvention devices.
Sec. 304. Enforcement by U.S. Customs and Border Protection of works 
                            for which copyright registration is 
                            pending.
Sec. 305. National Intellectual Property Rights Coordination Center.
Sec. 306. Joint strategic plan for the enforcement of intellectual 
                            property rights.
Sec. 307. Personnel dedicated to the enforcement of intellectual 
                            property rights.
Sec. 308. Training with respect to the enforcement of intellectual 
                            property rights.
Sec. 309. International cooperation and information sharing.
Sec. 310. Report on intellectual property rights enforcement.
Sec. 311. Information for travelers regarding violations of 
                            intellectual property rights.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. De minimis value.
Sec. 402. Consultation on trade and customs revenue functions.
Sec. 403. Penalties for customs brokers.
Sec. 404. Amendments to chapter 98 of the Harmonized Tariff Schedule of 
                            the United States.
Sec. 405. Exemption from duty of residue of bulk cargo contained in 
                            instruments of international traffic 
                            previously exported from the United States.
Sec. 406. Drawback and refunds.
Sec. 407. Elimination of consumptive demand exception to prohibition on 
                            importation of goods made with convict 
                            labor, forced labor, or indentured labor; 
                            report.
 TITLE V--PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY 
                                 ORDERS

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

Sec. 501. Prevention and investigation of evasion.
Sec. 502. Application to Canada and Mexico.
                       Subtitle B--Other Matters

Sec. 511. Definitions.
Sec. 512. Allocation and training of personnel.
Sec. 513. Regulations.
Sec. 514. Annual report on prevention of evasion of antidumping and 
                            countervailing duty orders.
Sec. 515. Government Accountability Office report on reliquidation 
                            authority.
Sec. 516. Addressing circumvention by new shippers.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Automated commercial environment.--The term ``Automated 
        Commercial Environment'' means the Automated Commercial 
        Environment computer system authorized under section 
        13031(f)(4) of the Consolidated Omnibus Budget Reconciliation 
        Act of 1985 (19 U.S.C. 58c(f)(4)).
            (2) Commissioner.--The term ``Commissioner'' means the 
        Commissioner responsible for U.S. Customs and Border 
        Protection.
            (3) Customs and trade laws of the united states.--The term 
        ``customs and trade laws of the United States'' includes the 
        following:
                    (A) The Tariff Act of 1930 (19 U.S.C. 1202 et 
                seq.).
                    (B) Section 249 of the Revised Statutes (19 U.S.C. 
                3).
                    (C) Section 2 of the Act of March 4, 1923 (42 Stat. 
                1453, chapter 251; 19 U.S.C. 6).
                    (D) The Act of March 3, 1927 (44 Stat. 1381, 
                chapter 348; 19 U.S.C. 2071 et seq.).
                    (E) Section 13031 of the Consolidated 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 U.S. Customs and Border Protection on behalf of any 
                Federal agency that is required to participate in the 
                International Trade Data System.
                    (AA) Any other provision of customs or trade law 
                administered by U.S. Customs and Border Protection or 
                U.S. Immigration and Customs Enforcement.
            (4) Private sector entity.--The term ``private sector 
        entity'' means--
                    (A) an importer;
                    (B) an exporter;
                    (C) a forwarder;
                    (D) an air, sea, or land carrier or shipper;
                    (E) a contract logistics provider;
                    (F) a customs broker; or
                    (G) any other person (other than an employee of a 
                government) affected by the implementation of the 
                customs and trade laws of the United States, including 
                a domestic producer.
            (5) Trade enforcement.--The term ``trade enforcement'' 
        means the enforcement of the customs and trade laws of the 
        United States.
            (6) Trade facilitation.--The term ``trade facilitation'' 
        refers to policies and activities of U.S. Customs and Border 
        Protection with respect to facilitating the movement of 
        merchandise into and out of the United States in a manner that 
        complies with the customs and trade laws of the United States.

           TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT

SEC. 101. IMPROVING PARTNERSHIP PROGRAMS.

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

SEC. 102. REPORT ON EFFECTIVENESS OF TRADE ENFORCEMENT ACTIVITIES.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives a report on 
the effectiveness of trade enforcement activities of U.S. Customs and 
Border Protection.
    (b) Contents.--The report required by subsection (a) shall 
include--
            (1) a description of the use of resources, results of 
        audits and verifications, targeting, organization, and training 
        of personnel of U.S. Customs and Border Protection; and
            (2) a description of trade enforcement activities to 
        address undervaluation, transshipment, legitimacy of entities 
        making entry, protection of revenues, fraud prevention and 
        detection, and penalties, including intentional 
        misclassification, inadequate bonding, and other 
        misrepresentations.

SEC. 103. PRIORITIES AND PERFORMANCE STANDARDS FOR CUSTOMS 
              MODERNIZATION, TRADE FACILITATION, AND TRADE ENFORCEMENT 
              FUNCTIONS AND PROGRAMS.

    (a) Priorities and Performance Standards.--
            (1) In general.--The Commissioner, in consultation with the 
        Committee on Finance of the Senate and the Committee on Ways 
        and Means of the House of Representatives, shall establish 
        priorities and performance standards to measure the development 
        and levels of achievement of the customs modernization, trade 
        facilitation, and trade enforcement functions and programs 
        described in subsection (b).
            (2) Minimum priorities and standards.--Such priorities and 
        performance standards shall, at a minimum, include priorities 
        and standards relating to efficiency, outcome, output, and 
        other types of applicable measures.
    (b) Functions and Programs Described.--The functions and programs 
referred to in subsection (a) are the following:
            (1) The Automated Commercial Environment.
            (2) Each of the priority trade issues described in 
        paragraph (3)(B)(ii) of section 2(d) of the Act of March 3, 
        1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072(d)), as added 
        by section 111(a) of this Act.
            (3) The Centers of Excellence and Expertise described in 
        section 110 of this Act.
            (4) Drawback for exported merchandise under section 313 of 
        the Tariff Act of 1930 (19 U.S.C. 1313), as amended by section 
        406 of this Act.
            (5) Transactions relating to imported merchandise in bond.
            (6) Collection of countervailing duties assessed under 
        subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 
        1671 et seq.) and antidumping duties assessed under subtitle B 
        of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et 
        seq.).
            (7) The expedited clearance of cargo.
            (8) The issuance of regulations and rulings.
            (9) The issuance of Regulatory Audit Reports.
    (c) Consultations and Notification.--
            (1) Consultations.--The consultations required by 
        subsection (a)(1) shall occur, at a minimum, on an annual 
        basis.
            (2) Notification.--The Commissioner shall notify the 
        Committee on Finance of the Senate and the Committee on Ways 
        and Means of the House of Representatives of any changes to the 
        priorities referred to in subsection (a) not later than 30 days 
        before such changes are to take effect.

SEC. 104. EDUCATIONAL SEMINARS TO IMPROVE EFFORTS TO CLASSIFY AND 
              APPRAISE IMPORTED ARTICLES, TO IMPROVE TRADE ENFORCEMENT 
              EFFORTS, AND TO OTHERWISE FACILITATE LEGITIMATE 
              INTERNATIONAL TRADE.

    (a) In General.--
            (1) Establishment.--The Commissioner and the Director shall 
        establish and carry out on a fiscal year basis educational 
        seminars to--
                    (A) improve the ability of U.S. Customs and Border 
                Protection personnel to classify and appraise articles 
                imported into the United States in accordance with the 
                customs and trade laws of the United States;
                    (B) improve the trade enforcement efforts of U.S. 
                Customs and Border Protection personnel and U.S. 
                Immigration and Customs Enforcement personnel; and
                    (C) otherwise improve the ability and effectiveness 
                of U.S. Customs and Border Protection personnel and 
                U.S. Immigration and Customs Enforcement personnel to 
                facilitate legitimate international trade.
    (b) Content.--
            (1) Classifying and appraising imported articles.--In 
        carrying out subsection (a)(1)(A), the Commissioner, the 
        Director, and interested parties in the private sector selected 
        under subsection (c) shall provide instruction and related 
        instructional materials at each educational seminar under this 
        section to U.S. Customs and Border Protection personnel and, as 
        appropriate, to U.S. Immigration and Customs Enforcement 
        personnel on the following:
                    (A) Conducting a physical inspection of an article 
                imported into the United States, including testing of 
                samples of the article, to determine if the article is 
                mislabeled in the manifest or other accompanying 
                documentation.
                    (B) Reviewing the manifest and other accompanying 
                documentation of an article imported into the United 
                States to determine if the country of origin of the 
                article listed in the manifest or other accompanying 
                documentation is accurate.
                    (C) Customs valuation.
                    (D) Industry supply chains and other related 
                matters as determined to be appropriate by the 
                Commissioner.
            (2) Trade enforcement efforts.--In carrying out subsection 
        (a)(1)(B), the Commissioner, the Director, and interested 
        parties in the private sector selected under subsection (c) 
        shall provide instruction and related instructional materials 
        at each educational seminar under this section to U.S. Customs 
        and Border Protection personnel and, as appropriate, to U.S. 
        Immigration and Customs Enforcement personnel to identify 
        opportunities to enhance enforcement of the following:
                    (A) Collection of countervailing duties assessed 
                under subtitle A of title VII of the Tariff Act of 1930 
                (19 U.S.C. 1671 et seq.) and antidumping duties 
                assessed under subtitle B of title VII of the Tariff 
                Act of 1930 (19 U.S.C. 1673 et seq.).
                    (B) Addressing evasion of duties on imports of 
                textiles.
                    (C) Protection of intellectual property rights.
                    (D) Enforcement of child labor laws.
            (3) Approval of commissioner and director.--The instruction 
        and related instructional materials at each educational seminar 
        under this section shall be subject to the approval of the 
        Commissioner and the Director.
    (c) Selection Process.--
            (1) In general.--The Commissioner shall establish a process 
        to solicit, evaluate, and select interested parties in the 
        private sector for purposes of assisting in providing 
        instruction and related instructional materials described in 
        subsection (b) at each educational seminar under this section.
            (2) Criteria.--The Commissioner shall evaluate and select 
        interested parties in the private sector under the process 
        established under paragraph (1) based on--
                    (A) availability and usefulness;
                    (B) the volume, value, and incidence of mislabeling 
                or misidentification of origin of imported articles; 
                and
                    (C) other appropriate criteria established by the 
                Commissioner.
            (3) Public availability.--The Commissioner and the Director 
        shall publish in the Federal Register a detailed description of 
        the process established under paragraph (1) and the criteria 
        established under paragraph (2).
    (d) Special Rule for Antidumping and Countervailing Duty Orders.--
            (1) In general.--The Commissioner shall give due 
        consideration to carrying out an educational seminar under this 
        section in whole or in part to improve the ability of U.S. 
        Customs and Border Protection personnel to enforce a 
        countervailing or antidumping duty order issued under section 
        706 or 736 of the Tariff Act of 1930 (19 U.S.C. 1671e or 1673e) 
        upon the request of a petitioner in an action underlying such 
        countervailing or antidumping duty order.
            (2) Interested party.--A petitioner described in paragraph 
        (1) shall be treated as an interested party in the private 
        sector for purposes of the requirements of this section.
    (e) Performance Standards.--The Commissioner and the Director shall 
establish performance standards to measure the development and level of 
achievement of educational seminars under this section.
    (f) Reporting.--Beginning September 30, 2016, the Commissioner and 
the Director shall submit to the Committee of Finance of the Senate and 
the Committee of Ways and Means of the House of Representatives an 
annual report on the effectiveness of educational seminars under this 
section.
    (g) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        U.S. Immigration and Customs Enforcement.
            (2) United states.--The term ``United States'' means the 
        customs territory of the United States, as defined in General 
        Note 2 to the Harmonized Tariff Schedule of the United States.
            (3) U.S. customs and border protection personnel.--The term 
        ``U.S. Customs and Border Protection personnel'' means import 
        specialists, auditors, and other appropriate employees of the 
        U.S. Customs and Border Protection.
            (4) U.S. immigration and customs enforcement personnel.--
        The term ``U.S. Immigrations and Customs Enforcement 
        personnel'' means Homeland Security Investigations Directorate 
        personnel and other appropriate employees of U.S. Immigrations 
        and Customs Enforcement.

SEC. 105. JOINT STRATEGIC PLAN.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, and every 2 years thereafter, the Commissioner 
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.
    (b) Contents.--The joint strategic plan required under this section 
shall be comprised of a comprehensive multi-year plan for trade 
enforcement and trade facilitation, and shall include--
            (1) a summary of actions taken during the 2-year period 
        preceding the submission of the plan to improve trade 
        enforcement and trade facilitation, including a description and 
        analysis of specific performance measures to evaluate the 
        progress of U.S. Customs and Border Protection and U.S. 
        Immigration and Customs Enforcement in meeting each such 
        responsibility;
            (2) a statement of objectives and plans for further 
        improving trade enforcement and trade facilitation;
            (3) a specific identification of the priority trade issues 
        described in paragraph (3)(B)(ii) of section 2(d) of the Act of 
        March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072(d)), 
        as added by section 111(a) of this Act, that can be addressed 
        in order to enhance trade enforcement and trade facilitation, 
        and a description of strategies and plans for addressing each 
        such issue;
            (4) a description of efforts made to improve consultation 
        and coordination among and within Federal agencies, and in 
        particular between U.S. Customs and Border Protection and U.S. 
        Immigration and Customs Enforcement, regarding trade 
        enforcement and trade facilitation;
            (5) a description of the training that has occurred to date 
        within U.S. Customs and Border Protection and U.S. Immigration 
        and Customs Enforcement to improve trade enforcement and trade 
        facilitation, including training under section 104 of this Act;
            (6) a description of efforts to work with the World Customs 
        Organization and other international organizations, in 
        consultation with other Federal agencies as appropriate, with 
        respect to enhancing trade enforcement and trade facilitation;
            (7) a description of U.S. Custom and Border Protection 
        organizational benchmarks for optimizing staffing and wait 
        times at ports of entry;
            (8) a specific identification of any domestic or 
        international best practices that may further improve trade 
        enforcement and trade facilitation;
            (9) any legislative recommendations to further improve 
        trade enforcement and trade facilitation; and
            (10) a description of efforts made to improve consultation 
        and coordination with the private sector to enhance trade 
        enforcement and trade facilitation.
    (c) Consultations.--
            (1) In general.--In developing the joint strategic plan 
        required under this section, the Commissioner and the Director 
        shall consult with--
                    (A) appropriate officials from the relevant Federal 
                agencies, including--
                            (i) the Department of the Treasury;
                            (ii) the Department of Agriculture;
                            (iii) the Department of Commerce;
                            (iv) the Department of Justice;
                            (v) the Department of the Interior;
                            (vi) the Department of Health and Human 
                        Services;
                            (vii) the Food and Drug Administration;
                            (viii) the Consumer Product Safety 
                        Commission; and
                            (ix) the Office of the United States Trade 
                        Representative; and
                    (B) the Commercial Customs Operations Advisory 
                Committee established by section 109 of this Act.
            (2) Other consultations.--In developing the joint strategic 
        plan required under this section, the Commissioner and the 
        Director shall seek to consult with--
                    (A) appropriate officials from relevant foreign law 
                enforcement agencies and international organizations, 
                including the World Customs Organization; and
                    (B) interested parties in the private sector.

SEC. 106. AUTOMATED COMMERCIAL ENVIRONMENT.

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

SEC. 107. INTERNATIONAL TRADE DATA SYSTEM.

    (a) Information Technology Infrastructure.--Section 411(d) of the 
Tariff Act of 1930 (19 U.S.C. 1411(d)) is amended--
            (1) by redesignating paragraphs (4) through (7) as 
        paragraphs (5) through (8), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) Information technology infrastructure.--
                    ``(A) In general.--The Secretary shall work with 
                the head of each agency participating in the ITDS and 
                the Interagency Steering Committee to ensure that each 
                agency--
                            ``(i) develops and maintains the necessary 
                        information technology infrastructure to 
                        support the operation of the ITDS and to submit 
                        all data to the ITDS electronically;
                            ``(ii) enters into a memorandum of 
                        understanding, or takes such other action as is 
                        necessary, to provide for the information 
                        sharing between the agency and U.S. Customs and 
                        Border Protection necessary for the operation 
                        and maintenance of the ITDS;
                            ``(iii) not later than June 30, 2016, 
                        identifies and transmits to the Commissioner 
                        responsible for U.S. Customs and Border 
                        Protection the admissibility criteria and data 
                        elements required by the agency to authorize 
                        the release of cargo by U.S. Customs and Border 
                        Protection for incorporation into the 
                        operational functionality of the Automated 
                        Commercial Environment computer system 
                        authorized under section 13031(f)(4) of the 
                        Consolidated Omnibus Budget and Reconciliation 
                        Act of 1985 (19 U.S.C. 58c(f)(4)); and
                            ``(iv) not later than December 31, 2016, 
                        utilizes the ITDS as the primary means of 
                        receiving from users the standard set of data 
                        and other relevant documentation, exclusive of 
                        applications for permits, licenses, or 
                        certifications required for the release of 
                        imported cargo and clearance of cargo for 
                        export.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph shall be construed to require any action to 
                be taken that would compromise an ongoing law 
                enforcement investigation or national security.''; and
            (3) in paragraph (8), as redesignated, by striking 
        ``section 9503(c) of the Omnibus Budget Reconciliation Act of 
        1987 (19 U.S.C. 2071 note)'' and inserting ``section 109 of the 
        Trade Facilitation and Trade Enforcement Act of 2015''.

SEC. 108. CONSULTATIONS WITH RESPECT TO MUTUAL RECOGNITION 
              ARRANGEMENTS.

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

SEC. 109. COMMERCIAL CUSTOMS OPERATIONS ADVISORY COMMITTEE.

    (a) Establishment.--Not later than the date that is 60 days after 
the date of the enactment of this Act, the Secretary of the Treasury 
and the Secretary of Homeland Security shall jointly establish a 
Commercial Customs Operations Advisory Committee (in this section 
referred to as the ``Advisory Committee'').
    (b) Membership.--
            (1) In general.--The Advisory Committee shall be comprised 
        of--
                    (A) 20 individuals appointed under paragraph (2);
                    (B) the Assistant Secretary for Tax Policy of the 
                Department of the Treasury and the Commissioner, who 
                shall jointly co-chair meetings of the Advisory 
                Committee; and
                    (C) the Assistant Secretary for Policy and the 
                Director of U.S. Immigration and Customs Enforcement of 
                the Department of Homeland Security, who shall serve as 
                deputy co-chairs of meetings of the Advisory Committee.
            (2) Appointment.--
                    (A) In general.--The Secretary of the Treasury and 
                the Secretary of Homeland Security shall jointly 
                appoint 20 individuals from the private sector to the 
                Advisory Committee.
                    (B) Requirements.--In making appointments under 
                subparagraph (A), the Secretary of the Treasury and the 
                Secretary of Homeland Security shall appoint members--
                            (i) to ensure that the membership of the 
                        Advisory Committee is representative of the 
                        individuals and firms affected by the 
                        commercial operations of U.S. Customs and 
                        Border Protection; and
                            (ii) without regard to political 
                        affiliation.
                    (C) Terms.--Each individual appointed to the 
                Advisory Committee under this paragraph shall be 
                appointed for a term of not more than 3 years, and may 
                be reappointed to subsequent terms, but may not serve 
                more than 2 terms sequentially.
            (3) Transfer of membership.--The Secretary of the Treasury 
        and the Secretary of Homeland Security may transfer members 
        serving on the Advisory Committee on Commercial Operations of 
        the United States Customs Service established under section 
        9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 
        U.S.C. 2071 note) on the day before the date of the enactment 
        of this Act to the Advisory Committee established under 
        subsection (a).
    (c) Duties.--The Advisory Committee established under subsection 
(a) shall--
            (1) advise the Secretary of the Treasury and the Secretary 
        of Homeland Security on all matters involving the commercial 
        operations of U.S. Customs and Border Protection, including 
        advising with respect to significant changes that are proposed 
        with respect to regulations, policies, or practices of U.S. 
        Customs and Border Protection;
            (2) provide recommendations to the Secretary of the 
        Treasury and the Secretary of Homeland Security on improvements 
        to the commercial operations of U.S. Customs and Border 
        Protection;
            (3) collaborate in developing the agenda for Advisory 
        Committee meetings; and
            (4) perform such other functions relating to the commercial 
        operations of U.S. Customs and Border Protection as prescribed 
        by law or as the Secretary of the Treasury and the Secretary of 
        Homeland Security jointly direct.
    (d) Meetings.--
            (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. The Advisory Committee 
        shall meet at least 4 times each calendar year.
            (2) Open meetings.--Notwithstanding section 10(a) of the 
        Federal Advisory Committee Act (5 U.S.C. App.), the Advisory 
        Committee meetings shall be open to the public unless the 
        Secretary of the Treasury or the Secretary of Homeland Security 
        determines that the meeting will include matters the disclosure 
        of which would compromise investigations of U.S. Immigration 
        and Customs Enforcement.
    (e) Annual Report.--Not later than December 31, 2016, and annually 
thereafter, the Advisory Committee shall submit to the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of Representatives a report that--
            (1) describes the activities of the Advisory Committee 
        during the preceding fiscal year; and
            (2) sets forth any recommendations of the Advisory 
        Committee regarding the commercial operations of U.S. Customs 
        and Border Protection.
    (f) Termination.--Section 14(a)(2) of the Federal Advisory 
Committee Act (5 U.S.C. App.; relating to the termination of advisory 
committees) shall not apply to the Advisory Committee.
    (g) Conforming Amendment.--
            (1) In general.--Effective on the date on which the 
        Advisory Committee is established under subsection (a), section 
        9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 
        U.S.C. 2071 note) is repealed.
            (2) Reference.--Any reference in law to the Advisory 
        Committee on Commercial Operations of the United States Customs 
        Service established under section 9503(c) of the Omnibus Budget 
        Reconciliation Act of 1987 (19 U.S.C. 2071 note) made on or 
        after the date on which the Advisory Committee is established 
        under subsection (a), shall be deemed a reference to the 
        Commercial Customs Operations Advisory Committee established 
        under subsection (a).

SEC. 110. CENTERS OF EXCELLENCE AND EXPERTISE.

    (a) In General.--The Commissioner shall, in consultation with the 
Committee on Finance of the Senate, the Committee on Ways and Means of 
the House of Representatives, and the Commercial Customs Operations 
Advisory Committee established by section 109 of this Act, develop and 
implement Centers of Excellence and Expertise throughout U.S. Customs 
and Border Protection that--
            (1) enhance the economic competitiveness of the United 
        States by consistently enforcing the laws and regulations of 
        the United States at all ports of entry of the United States 
        and by facilitating the flow of legitimate trade through 
        increasing industry-based knowledge;
            (2) improve enforcement efforts, including enforcement of 
        priority trade issues described in subparagraph (B)(ii) of 
        section 2(d)(3) of the Act of March 3, 1927 (44 Stat. 1381, 
        chapter 348; 19 U.S.C. 2072(d)), as added by section 111(a) of 
        this Act, in specific industry sectors through the application 
        of targeting information from the Commercial Targeting Division 
        established under subparagraph (A) of such section 2(d)(3) and 
        from other means of verification;
            (3) build upon the expertise of U.S. Customs and Border 
        Protection in particular industry operations, supply chains, 
        and compliance requirements;
            (4) promote the uniform implementation at each port of 
        entry of the United States of policies and regulations relating 
        to imports;
            (5) centralize the trade enforcement and trade facilitation 
        efforts of U.S. Customs and Border Protection;
            (6) formalize an account-based approach to apply, as the 
        Commissioner determines appropriate, to the importation of 
        merchandise into the United States;
            (7) foster partnerships though the expansion of trade 
        programs and other trusted partner programs;
            (8) develop applicable performance measurements to meet 
        internal efficiency and effectiveness goals; and
            (9) whenever feasible, facilitate a more efficient flow of 
        information between Federal agencies.
    (b) Report.--Not later than December 31, 2016, the Commissioner 
shall submit to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives a report 
describing--
            (1) the scope, functions, and structure of each Center of 
        Excellence and Expertise developed and implemented under 
        subsection (a);
            (2) the effectiveness of each such Center of Excellence and 
        Expertise in improving enforcement efforts, including 
        enforcement of priority trade issues, and facilitating 
        legitimate trade;
            (3) the quantitative and qualitative benefits of each such 
        Center of Excellence and Expertise to the trade community, 
        including through fostering partnerships through the expansion 
        of trade programs such as the Importer Self Assessment program 
        and other trusted partner programs;
            (4) all applicable performance measurements with respect to 
        each such Center of Excellence and Expertise, including 
        performance measures with respect to meeting internal 
        efficiency and effectiveness goals;
            (5) the performance of each such Center of Excellence and 
        Expertise in increasing the accuracy and completeness of data 
        with respect to international trade and facilitating a more 
        efficient flow of information between Federal agencies; and
            (6) any planned changes in the number, scope, functions or 
        any other aspect of the Centers of Excellence and Expertise 
        developed and implemented under subsection (a).

SEC. 111. COMMERCIAL TARGETING DIVISION AND NATIONAL TARGETING AND 
              ANALYSIS GROUPS.

    (a) In General.--Section 2(d) of the Act of March 3, 1927 (44 Stat. 
1381, chapter 348; 19 U.S.C. 2072(d)) is amended by adding at the end 
the following:
            ``(3) Commercial targeting division and national targeting 
        and analysis groups.--
                    ``(A) Establishment of commercial targeting 
                division.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security shall establish and maintain 
                        within the Office of International Trade a 
                        Commercial Targeting Division.
                            ``(ii) Composition.--The Commercial 
                        Targeting Division shall be composed of--
                                    ``(I) headquarters personnel led by 
                                an Executive Director, who shall report 
                                to the Assistant Commissioner for 
                                Trade; and
                                    ``(II) individual National 
                                Targeting and Analysis Groups, each led 
                                by a Director who shall report to the 
                                Executive Director of the Commercial 
                                Targeting Division.
                            ``(iii) Duties.--The Commercial Targeting 
                        Division shall be dedicated--
                                    ``(I) to the development and 
                                conduct of commercial risk assessment 
                                targeting with respect to cargo 
                                destined for the United States in 
                                accordance with subparagraph (C); and
                                    ``(II) to issuing Trade Alerts 
                                described in subparagraph (D).
                    ``(B) National targeting and analysis groups.--
                            ``(i) In general.--A National Targeting and 
                        Analysis Group referred to in subparagraph 
                        (A)(ii)(II) shall, at a minimum, be established 
                        for each priority trade issue described in 
                        clause (ii).
                            ``(ii) Priority trade issues.--
                                    ``(I) In general.--The priority 
                                trade issues described in this clause 
                                are the following:
                                            ``(aa) Agriculture 
                                        programs.
                                            ``(bb) Antidumping and 
                                        countervailing duties.
                                            ``(cc) Import safety.
                                            ``(dd) Intellectual 
                                        property rights.
                                            ``(ee) Revenue.
                                            ``(ff) Textiles and wearing 
                                        apparel.
                                            ``(gg) Trade agreements and 
                                        preference programs.
                                    ``(II) Modification.--The 
                                Commissioner is authorized to establish 
                                new priority trade issues and 
                                eliminate, consolidate, or otherwise 
                                modify the priority trade issues 
                                described in this paragraph if the 
                                Commissioner--
                                            ``(aa) determines it 
                                        necessary and appropriate to do 
                                        so;
                                            ``(bb) submits to the 
                                        Committee on Finance of the 
                                        Senate and the Committee on 
                                        Ways and Means of the House of 
                                        Representatives a summary of 
                                        proposals to consolidate, 
                                        eliminate, or otherwise modify 
                                        existing priority trade issues 
                                        not later than 60 days before 
                                        such changes are to take 
                                        effect; and
                                            ``(cc) submits to the 
                                        Committee on Finance of the 
                                        Senate and the Committee on 
                                        Ways and Means of the House of 
                                        Representatives a summary of 
                                        proposals to establish new 
                                        priority trade issues not later 
                                        than 30 days after such changes 
                                        are to take effect.
                            ``(iii) Duties.--The duties of each 
                        National Targeting and Analysis Group shall 
                        include--
                                    ``(I) directing the trade 
                                enforcement and compliance assessment 
                                activities of U.S. Customs and Border 
                                Protection that relate to the Group's 
                                priority trade issue;
                                    ``(II) facilitating, promoting, and 
                                coordinating cooperation and the 
                                exchange of information between U.S. 
                                Customs and Border Protection, U.S. 
                                Immigration and Customs Enforcement, 
                                and other relevant Federal departments 
                                and agencies regarding the Group's 
                                priority trade issue; and
                                    ``(III) serving as the primary 
                                liaison between U.S. Customs and Border 
                                Protection and the public regarding 
                                United States Government activities 
                                regarding the Group's priority trade 
                                issue, including--
                                            ``(aa) providing for 
                                        receipt and transmission to the 
                                        appropriate U.S. Customs and 
                                        Border Protection office of 
                                        allegations from interested 
                                        parties in the private sector 
                                        of violations of customs and 
                                        trade laws of the United States 
                                        of merchandise relating to the 
                                        priority trade issue;
                                            ``(bb) obtaining 
                                        information from the 
                                        appropriate U.S. Customs and 
                                        Border Protection office on the 
                                        status of any activities 
                                        resulting from the submission 
                                        of any such allegation, 
                                        including any decision not to 
                                        pursue the allegation, and 
                                        providing any such information 
                                        to each interested party in the 
                                        private sector that submitted 
                                        the allegation every 90 days 
                                        after the allegation was 
                                        received by U.S. Customs and 
                                        Border Protection unless 
                                        providing such information 
                                        would compromise an ongoing law 
                                        enforcement investigation; and
                                            ``(cc) notifying on a 
                                        timely basis each interested 
                                        party in the private sector 
                                        that submitted such allegation 
                                        of any civil or criminal 
                                        actions taken by U.S. Customs 
                                        and Border Protection or other 
                                        Federal department or agency 
                                        resulting from the allegation.
                    ``(C) Commercial risk assessment targeting.--In 
                carrying out its duties with respect to commercial risk 
                assessment targeting, the Commercial Targeting Division 
                shall--
                            ``(i) establish targeted risk assessment 
                        methodologies and standards--
                                    ``(I) for evaluating the risk that 
                                cargo destined for the United States 
                                may violate the customs and trade laws 
                                of the United States, particularly 
                                those laws applicable to merchandise 
                                subject to the priority trade issues 
                                described in subparagraph (B)(ii); and
                                    ``(II) for issuing, as appropriate, 
                                Trade Alerts described in subparagraph 
                                (D); and
                            ``(ii) to the extent practicable and 
                        otherwise authorized by law, use, to administer 
                        the methodologies and standards established 
                        under clause (i) --
                                    ``(I) publicly available 
                                information;
                                    ``(II) 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'), the case management system of 
                                U.S. Immigration and Customs 
                                Enforcement, and any successor systems; 
                                and
                                    ``(III) information made available 
                                to the Commercial Targeting Division, 
                                including information provided by 
                                private sector entities.
                    ``(D) Trade alerts.--
                            ``(i) Issuance.--Based upon the application 
                        of the targeted risk assessment methodologies 
                        and standards established under subparagraph 
                        (C), the Executive Director of the Commercial 
                        Targeting Division and the Directors of the 
                        National Targeting and Analysis Groups may 
                        issue Trade Alerts to directors of United 
                        States ports of entry directing further 
                        inspection, or physical examination or testing, 
                        of specific merchandise to ensure compliance 
                        with all applicable customs and trade laws and 
                        regulations administered by U.S. Customs and 
                        Border Protection.
                            ``(ii) Determinations not to implement 
                        trade alerts.--The director of a United States 
                        port of entry may determine not to conduct 
                        further inspections, or physical examination or 
                        testing, pursuant to a Trade Alert issued under 
                        clause (i) if--
                                    ``(I) the director finds that such 
                                a determination is justified by 
                                security interests; and
                                    ``(II) notifies the Assistant 
                                Commissioner of the Office of Field 
                                Operations and the Assistant 
                                Commissioner of International Trade of 
                                U.S. Customs and Border Protection of 
                                the determination and the reasons for 
                                the determination not later than 48 
                                hours after making the determination.
                            ``(iii) Summary of determinations not to 
                        implement.--The Assistant Commissioner of the 
                        Office of Field Operations of U.S. Customs and 
                        Border Protection shall--
                                    ``(I) compile an annual public 
                                summary of all determinations by 
                                directors of United States ports of 
                                entry under clause (ii) and the reasons 
                                for those determinations;
                                    ``(II) conduct an evaluation of the 
                                utilization of Trade Alerts issued 
                                under clause (i); and
                                    ``(III) submit the summary to the 
                                Committee on Finance of the Senate and 
                                the Committee on Ways and Means of the 
                                House of Representatives not later than 
                                December 31 of each year.
                            ``(iv) Inspection defined.--In this 
                        subparagraph, the term `inspection' means the 
                        comprehensive evaluation process used by U.S. 
                        Customs and Border Protection, other than 
                        physical examination or testing, to permit the 
                        entry of merchandise into the United States, or 
                        the clearance of merchandise for transportation 
                        in bond through the United States, for purposes 
                        of--
                                    ``(I) assessing duties;
                                    ``(II) identifying restricted or 
                                prohibited items; and
                                    ``(III) ensuring compliance with 
                                all applicable customs and trade laws 
                                and regulations administered by U.S. 
                                Customs and Border Protection.''.
    (b) Use of Trade Data for Commercial Enforcement Purposes.--Section 
343(a)(3)(F) of the Trade Act of 2002 (19 U.S.C. 2071 note) is amended 
to read as follows:
                    ``(F) The information collected pursuant to the 
                regulations shall be used exclusively for ensuring 
                cargo safety and security, preventing smuggling, and 
                commercial risk assessment targeting, and shall not be 
                used for any commercial enforcement purposes, including 
                for determining merchandise entry. Notwithstanding the 
                preceding sentence, nothing in this section shall be 
                treated as amending, repealing, or otherwise modifying 
                title IV of the Tariff Act of 1930 or regulations 
                prescribed thereunder.''.

SEC. 112. REPORT ON OVERSIGHT OF REVENUE PROTECTION AND ENFORCEMENT 
              MEASURES.

    (a) In General.--Not later the March 31, 2016, and not later than 
March 31 of each second year thereafter, the Inspector General of the 
Department of the Treasury shall submit to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives a report assessing, with respect to the period covered 
by the report, as specified in subsection (b), the following:
            (1) The effectiveness of the measures taken by U.S. Customs 
        and Border Protection with respect to protection of revenue, 
        including--
                    (A) the collection of countervailing duties 
                assessed under subtitle A of title VII of the Tariff 
                Act of 1930 (19 U.S.C. 1671 et seq.) and antidumping 
                duties assessed under subtitle B of title VII of the 
                Tariff Act of 1930 (19 U.S.C. 1673 et seq.);
                    (B) the assessment, collection, and mitigation of 
                commercial fines and penalties;
                    (C) the use of bonds, including continuous and 
                single transaction bonds, to secure that revenue; and
                    (D) the adequacy of the policies of U.S. Customs 
                and Border Protection with respect to the monitoring 
                and tracking of merchandise transported in bond and 
                collecting duties, as appropriate.
            (2) The effectiveness of actions taken by U.S. Customs and 
        Border Protection to measure accountability and performance 
        with respect to protection of revenue.
            (3) The number and outcome of investigations instituted by 
        U.S. Customs and Border Protection with respect to the 
        underpayment of duties.
            (4) The effectiveness of training with respect to the 
        collection of duties provided for personnel of U.S. Customs and 
        Border Protection.
    (b) Period Covered by Report.--Each report required by subsection 
(a) shall cover the period of 2 fiscal years ending on September 30 of 
the calendar year preceding the submission of the report.

SEC. 113. REPORT ON SECURITY AND REVENUE MEASURES WITH RESPECT TO 
              MERCHANDISE TRANSPORTED IN BOND.

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

SEC. 114. IMPORTER OF RECORD PROGRAM.

    (a) Establishment.--Not later than the date that is 180 days after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall establish an importer of record program to assign and 
maintain importer of record numbers.
    (b) Requirements.--The Secretary shall ensure that, as part of the 
importer of record program, U.S. Customs and Border Protection--
            (1) develops criteria that importers must meet in order to 
        obtain an importer of record number, including--
                    (A) criteria to ensure sufficient information is 
                collected to allow U.S. Customs and Border Protection 
                to verify the existence of the importer requesting the 
                importer of record number;
                    (B) criteria to ensure sufficient information is 
                collected to allow U.S. Customs and Border Protection 
                to identify linkages or other affiliations between 
                importers that are requesting or have been assigned 
                importer of record numbers; and
                    (C) criteria to ensure sufficient information is 
                collected to allow U.S. Customs and Border Protection 
                to identify changes in address and corporate structure 
                of importers;
            (2) provides a process by which importers are assigned 
        importer of record numbers;
            (3) maintains a centralized database of importer of record 
        numbers, including a history of importer of record numbers 
        associated with each importer, and the information described in 
        subparagraphs (A), (B), and (C) of paragraph (1);
            (4) evaluates and maintains the accuracy of the database if 
        such information changes; and
            (5) takes measures to ensure that duplicate importer of 
        record numbers are not issued.
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of Representatives a report on the importer of record program 
established under subsection (a).
    (d) Number Defined.--In this subsection, the term ``number'', with 
respect to an importer of record, means a filing identification number 
described in section 24.5 of title 19, Code of Federal Regulations (or 
any corresponding similar regulation) that fully supports the 
requirements of subsection (b) with respect to the collection and 
maintenance of information.

SEC. 115. CUSTOMS BROKER IDENTIFICATION OF IMPORTERS.

    (a) In General.--Section 641 of the Tariff Act of 1930 (19 U.S.C. 
1641) is amended by adding at the end the following:
    ``(i) Identification of Importers.--
            ``(1) In general.--The Secretary shall prescribe 
        regulations setting forth the minimum standards for customs 
        brokers and importers, including nonresident importers, 
        regarding the identity of the importer that shall apply in 
        connection with the importation of merchandise into the United 
        States.
            ``(2) Minimum requirements.--The regulations shall, at a 
        minimum, require customs brokers to implement, and importers 
        (after being given adequate notice) to comply with, reasonable 
        procedures for--
                    ``(A) collecting the identity of importers, 
                including nonresident importers, seeking to import 
                merchandise into the United States to the extent 
                reasonable and practicable; and
                    ``(B) maintaining records of the information used 
                to substantiate a person's identity, including name, 
                address, and other identifying information.
            ``(3) Penalties.--Any customs broker who fails to collect 
        information required under the regulations prescribed under 
        this subsection shall be liable to the United States, at the 
        discretion of the Secretary, for a monetary penalty not to 
        exceed $10,000 for each violation of those regulations and 
        subject to revocation or suspension of a license or permit of 
        the customs broker pursuant to the procedures set forth in 
        subsection (d).
            ``(4) Definitions.--In this subsection, the terms 
        `importer' and `nonresident importer' have the meaning given 
        such terms in section 2 of the Customs Enhanced Enforcement and 
        Trade Facilitation Act of 2012.''.
    (b) Study and Report Required.--Not later than 180 days after the 
date of enactment of this Act, the Commissioner of U.S. Customs and 
Border Protection shall submit to Congress a report containing 
recommendations for--
            (1) determining the most timely and effective way to 
        require foreign nationals to provide customs brokers with 
        appropriate and accurate information, comparable to that which 
        is required of United States nationals, concerning the 
        identity, address, and other related information relating to 
        such foreign nationals necessary to enable customs brokers to 
        comply with the requirements of section 641(i) of the Tariff 
        Act of 1930 (as added by subsection (a)); and
            (2) establishing a system for customs brokers to review 
        information maintained by relevant Federal agencies for 
        purposes of verifying the identities of importers, including 
        nonresident importers, seeking to import merchandise into the 
        United States.

SEC. 116. ESTABLISHMENT OF NEW IMPORTER PROGRAM.

    (a) In General.--Not later than the date that is 180 days after the 
date of the enactment of this Act, the Commissioner shall establish a 
new importer program that directs U.S. Customs and Border Protection to 
adjust bond amounts for new importers based on the level of risk 
assessed by U.S. Customs and Border Protection for protection of 
revenue of the Federal Government.
    (b) Requirements.--The Commissioner shall ensure that, as part of 
the new importer program established under subsection (a), U.S. Customs 
and Border Protection--
            (1) develops risk-based criteria for determining which 
        importers are considered to be new importers for the purposes 
        of this subsection;
            (2) develops risk assessment guidelines for new importers 
        to determine if and to what extent--
                    (A) to adjust bond amounts of imported products of 
                new importers; and
                    (B) to increase screening of imported products of 
                new importers;
            (3) develops procedures to ensure increased oversight of 
        imported products of new importers relating to the enforcement 
        of the priority trade issues described in paragraph (3)(B)(ii) 
        of section 2(d) of the Act of March 3, 1927 (44 Stat. 1381, 
        chapter 348; 19 U.S.C. 2072(d)), as added by section 111(a) of 
        this Act;
            (4) develops procedures to ensure increased oversight of 
        imported products of new importers by Centers of Excellence and 
        Expertise established under section 110 of this Act; and
            (5) establishes a centralized database of new importers to 
        ensure accuracy of information that is required to be provided 
        by new importers to U.S. Customs and Border Protection.

SEC. 117. REQUIREMENTS APPLICABLE TO NON-RESIDENT IMPORTERS.

    (a) In General.--Part III of title IV of the Tariff Act of 1930 (19 
U.S.C. 1481 et seq.) is amended by inserting after section 484b the 
following new section:

``SEC. 484C. REQUIREMENTS APPLICABLE TO NON-RESIDENT IMPORTERS.

    ``(a) In General.--Except as provided in subsection (c), if an 
importer of record under section 484 of this Act is not a resident of 
the United States, the Commissioner responsible for U.S. Customs and 
Border Protection shall require the non-resident importer to designate 
a resident agent in the United States subject to the requirements 
described in subsection (b).
    ``(b) Requirements.--The requirements described in this subsection 
are the following:
            ``(1) The resident agent shall be authorized to accept 
        service of process against the non-resident importer in 
        connection with the importation of merchandise.
            ``(2) The resident agent shall be liable to the United 
        States for payment of duties and penalties or other fines 
        issued by the Secretary of Homeland Security or the 
        Commissioner if the Secretary or Commissioner is unable to 
        collect such duties and penalties or other fines from such non-
        resident importer in connection with the importation of 
        merchandise.
            ``(3) The Secretary of the Treasury may require the 
        resident agent to secure a bond or other security in connection 
        with the importation of merchandise as the Secretary may deem 
        necessary for the protection of the revenue or to assure 
        compliance with any provision of law, regulation, or 
        instruction which the Secretary of the Commissioner may be 
        authorized to enforce.
            ``(4) The Commissioner responsible for U.S. Customs and 
        Border Protection shall require the non-resident importer to 
        establish a power of attorney with the resident agent in 
        connection with the importation of merchandise.
    ``(c) Non-Applicability.--The requirements of this section shall 
not apply with respect to a non-resident importer who is a validated 
Tier 2 or Tier 3 participant in the Customs-Trade Partnership Against 
Terrorism program established under subtitle B of title II of the SAFE 
Port Act (6 U.S.C. 961 et seq.).
    ``(d) Penalties.--
            ``(1) In general.--It shall be unlawful for any person to 
        import into the United States any merchandise in violation of 
        this section.
            ``(2) Civil penalties.--Any person who violates paragraph 
        (1) shall be liable for a civil penalty of $50,000 for each 
        such violation.
            ``(3) Other penalties.--In addition to the penalties 
        specified in paragraph (2), any violation of this section that 
        violates any other customs and trade laws of the United States 
        shall be subject to any applicable civil and criminal penalty, 
        including seizure and forfeiture, that may be imposed under 
        such customs or trade law or title 18, United States Code, with 
        respect to the importation of merchandise.
            ``(4) Definition.--In this subsection, the term `customs 
        and trade laws of the United States' has the meaning given such 
        term in section 2 of the Trade Enforcement and Trade 
        Facilitation Act of 2015.''.
    (b) Effective Date.--Section 484c of the Tariff Act of 1930, as 
added by subsection (a), takes effect on the date of the enactment of 
this Act and applies with respect to the importation, on or after the 
date that is 180 days after such date of enactment, of merchandise of 
an importer of record under section 484 of the Tariff Act of 1930 who 
is not a resident of the United States.

SEC. 118. SINGLE ENTRY BOND FOR SUSPECTED EVASION.

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

``SEC. 516B. SINGLE ENTRY BOND FOR SUSPECTED EVASION.

    ``(a) Definitions.--In this section:
            ``(1) Enter; entry.--The terms `enter' and `entry' refer to 
        the entry, or withdrawal from warehouse for consumption, in the 
        customs territory of the United States.
            ``(2) Evade; evasion.--The terms `evade' and `evasion' 
        refer to entering covered merchandise into the customs 
        territory of the United States by means of any document or 
        electronically transmitted data or information, written or oral 
        statement, or act that is material and false, or any omission 
        that is 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.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of the Treasury.
    ``(b) Single Entry Bond.--The Secretary shall require a single 
entry bond, in addition to any continuous bond, in any case in which 
the Secretary has a reasonable belief, based on evidence, that 
merchandise--
            ``(1) may be subject to an order issued under section 706 
        or section 736; and
            ``(2) is being entered into the United States by means of 
        evasion.
The bond shall be set at an amount the Secretary determines sufficient 
to protect revenue and to ensure compliance with the law, regulations, 
and instructions that the Secretary is authorized to enforce.''.
    (b) Technical Amendment.--Section 514(b) of the Tariff Act of 1930 
(19 U.S.C. 1514(b)) is amended by striking ``section 303'' and all that 
follows through ``which are reviewable'' and inserting ``title VII that 
are reviewable''.

                   TITLE II--IMPORT HEALTH AND SAFETY

SEC. 201. 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 responsible for U.S. Customs and 
        Border Protection.
            (10) The Chairman of the Consumer Product Safety 
        Commission.
            (11) The Director of U.S. Immigration and Customs 
        Enforcement.
            (12) The head of any other Federal agency designated by the 
        President to participate in the interagency Import Safety 
        Working Group, as appropriate.
    (c) Duties.--The duties of the interagency Import Safety Working 
Group shall include--
            (1) consulting on the development of the joint import 
        safety rapid response plan required by section 202 of this Act;
            (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;
            (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. 202. JOINT IMPORT SAFETY RAPID RESPONSE PLAN.

    (a) In General.--Not later than December 31, 2016, the Secretary of 
Homeland Security, in consultation with the interagency Import Safety 
Working Group, shall develop a plan (to be known as the ``joint import 
safety rapid response plan'') that sets forth protocols and defines 
practices for U.S. Customs and Border Protection to use--
            (1) in taking action in response to, and coordinating 
        Federal responses to, an incident in which cargo destined for 
        or merchandise entering the United States has been identified 
        as posing a threat to the health or safety of consumers in the 
        United States; and
            (2) in recovering from or mitigating the effects of actions 
        and responses to an incident described in paragraph (1).
    (b) Contents.--The joint import safety rapid response plan shall 
address--
            (1) the statutory and regulatory authorities and 
        responsibilities of U.S. Customs and Border Protection and 
        other Federal agencies in responding to an incident described 
        in subsection (a)(1);
            (2) the protocols and practices to be used by U.S. Customs 
        and Border Protection when taking action in response to, and 
        coordinating Federal responses to, such an incident;
            (3) the measures to be taken by U.S. Customs and Border 
        Protection and other Federal agencies in recovering from or 
        mitigating the effects of actions taken in response to such an 
        incident after the incident to ensure the resumption of the 
        entry of merchandise into the United States; and
            (4) exercises that U.S. Customs and Border Protection may 
        conduct in conjunction with Federal, State, and local agencies, 
        and private sector entities, to simulate responses to such an 
        incident.
    (c) Updates of Plan.--The Secretary of Homeland Security shall 
review and update the joint import safety rapid response plan, as 
appropriate, after conducting exercises under subsection (d).
    (d) Import Health and Safety Exercises.--
            (1) In general.--The Secretary of Homeland Security and the 
        Commissioner shall periodically engage in the exercises 
        referred to in subsection (b)(4), in conjunction with Federal, 
        State, and local agencies and private sector entities, as 
        appropriate, to test and evaluate the protocols and practices 
        identified in the joint import safety rapid response plan at 
        United States ports of entry.
            (2) Requirements for exercises.--In conducting exercises 
        under paragraph (1), the Secretary and the Commissioner shall--
                    (A) make allowance for the resources, needs, and 
                constraints of United States ports of entry of 
                different sizes in representative geographic locations 
                across the United States;
                    (B) base evaluations on current risk assessments of 
                merchandise entering the United States at 
                representative United States ports of entry located 
                across the United States;
                    (C) ensure that such exercises are conducted in a 
                manner consistent with the National Incident Management 
                System, the National Response Plan, the National 
                Infrastructure Protection Plan, the National 
                Preparedness Guidelines, the Maritime Transportation 
                System Security Plan, and other such national 
                initiatives of the Department of Homeland Security, as 
                appropriate; and
                    (D) develop metrics with respect to the resumption 
                of the entry of merchandise into the United States 
                after an incident described in subsection (a)(1).
            (3) Requirements for testing and evaluation.--The Secretary 
        and the Commissioner shall ensure that the testing and 
        evaluation carried out in conducting exercises under paragraph 
        (1)--
                    (A) are performed using clear and objective 
                performance measures; and
                    (B) result in the identification of specific 
                recommendations or best practices for responding to an 
                incident described in subsection (a)(1).
            (4) Dissemination of recommendations and best practices.--
        The Secretary and the Commissioner shall--
                    (A) share the recommendations or best practices 
                identified under paragraph (3)(B) among the members of 
                the interagency Import Safety Working Group 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. 203. TRAINING.

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

  TITLE III--IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

SEC. 301. DEFINITION OF INTELLECTUAL PROPERTY RIGHTS.

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

SEC. 302. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT.

    The Tariff Act of 1930 is amended by inserting after section 628 
(19 U.S.C. 1628) the following new section:

``SEC. 628A. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT.

    ``(a) In General.--Subject to subsections (c) and (d), if the 
Commissioner responsible for U.S. Customs and Border Protection 
suspects that merchandise is being imported into the United States in 
violation of section 526 of this Act or section 602, 1201(a)(2), or 
1201(b)(1) of title 17, United States Code, and determines that the 
examination or testing of the merchandise by a person described in 
subsection (b) would assist the Commissioner in determining if the 
merchandise is being imported in violation of that section, the 
Commissioner, to permit the person to conduct the examination and 
testing--
            ``(1) shall provide to the person information that appears 
        on the merchandise and its packaging and labels, including 
        unredacted images of the merchandise and its packaging and 
        labels; and
            ``(2) may, subject to any applicable bonding requirements, 
        provide to the person unredacted samples of the merchandise.
    ``(b) Person Described.--A person described in this subsection is--
            ``(1) in the case of merchandise suspected of being 
        imported in violation of section 526, the owner of the 
        trademark suspected of being copied or simulated by the 
        merchandise;
            ``(2) in the case of merchandise suspected of being 
        imported in violation of section 602 of title 17, United States 
        Code, the owner of the copyright suspected of being infringed 
        by the merchandise;
            ``(3) in the case of merchandise suspected of being 
        primarily designed or produced for the purpose of circumventing 
        a technological measure that effectively controls access to a 
        work protected under that title, and being imported in 
        violation of section 1201(a)(2) of that title, the owner of a 
        copyright in the work; and
            ``(4) in the case of merchandise suspected of being 
        primarily designed or produced for the purpose of circumventing 
        protection afforded by a technological measure that effectively 
        protects a right of an owner of a copyright in a work or a 
        portion of a work, and being imported in violation of section 
        1201(b)(1) of that title, the owner of the copyright.
    ``(c) Limitation.--Subsection (a) applies only with respect to 
merchandise suspected of infringing a trademark or copyright that is 
recorded with U.S. Customs and Border Protection.
    ``(d) Exception.--The Commissioner may not provide under subsection 
(a) information, photographs, or samples to a person described in 
subsection (b) if providing such information, photographs, or samples 
would compromise an ongoing law enforcement investigation or national 
security.''.

SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES.

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

SEC. 304. ENFORCEMENT BY U.S. CUSTOMS AND BORDER PROTECTION OF WORKS 
              FOR WHICH COPYRIGHT REGISTRATION IS PENDING.

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

SEC. 305. NATIONAL INTELLECTUAL PROPERTY RIGHTS COORDINATION CENTER.

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

SEC. 306. 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 required by 
section 105 of this Act--
            (1) a description of the efforts of the Department of 
        Homeland Security to enforce intellectual property rights;
            (2) a list of the 10 United States ports of entry at which 
        U.S. Customs and Border Protection has seized the most 
        merchandise, both by volume and by value, that infringes 
        intellectual property rights during the most recent 2-year 
        period for which data are available; and
            (3) a recommendation for the optimal allocation of 
        personnel, resources, and technology to ensure that U.S. 
        Customs and Border Protection and U.S. Immigration and Customs 
        Enforcement are adequately enforcing intellectual property 
        rights.

SEC. 307. PERSONNEL DEDICATED TO THE ENFORCEMENT OF INTELLECTUAL 
              PROPERTY RIGHTS.

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

SEC. 308. TRAINING WITH RESPECT TO THE ENFORCEMENT OF INTELLECTUAL 
              PROPERTY RIGHTS.

    (a) Training.--The Commissioner shall ensure that officers of U.S. 
Customs and Border Protection are trained to effectively detect and 
identify merchandise destined for the United States that infringes 
intellectual property rights, including through the use of technologies 
identified under subsection (c).
    (b) Consultation With Private Sector.--The Commissioner shall 
consult with private sector entities to better identify opportunities 
for collaboration between U.S. Customs and Border Protection and such 
entities with respect to training for officers of U.S. Customs and 
Border Protection in enforcing intellectual property rights.
    (c) Identification of New Technologies.--In consultation with 
private sector entities, the Commissioner shall identify--
            (1) technologies with the cost-effective capability to 
        detect and identify merchandise at United States ports of entry 
        that infringes intellectual property rights; and
            (2) cost-effective programs for training officers of U.S. 
        Customs and Border Protection to use such technologies.
    (d) Donations of Technology.--Not later than the date that is 180 
days after the date of the enactment of this Act, the Commissioner 
shall prescribe regulations to enable U.S. Customs and Border 
Protection to receive donations of hardware, software, equipment, and 
similar technologies, and to accept training and other support 
services, from private sector entities, for the purpose of enforcing 
intellectual property rights.

SEC. 309. 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 the United States and 
such authorities to enforce intellectual property rights.
    (b) Technical Assistance.--The Secretary of Homeland Security shall 
provide technical assistance to competent law enforcement and customs 
authorities of foreign countries to enhance the ability of such 
authorities to enforce intellectual property rights.
    (c) Interagency Collaboration.--The Commissioner and the Director 
of U.S. Immigration and Customs Enforcement shall lead interagency 
efforts to collaborate with law enforcement and customs authorities of 
foreign countries to enforce intellectual property rights.

SEC. 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT.

    Not later than June 30, 2016, and annually thereafter, the 
Commissioner and the Director of U.S. Immigration and Customs 
Enforcement shall jointly submit to the 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 U.S. Customs and 
                Border Protection to U.S. Immigration and Customs 
                Enforcement relating to infringement of intellectual 
                property rights during the preceding year.
                    (B) The number of investigations relating to the 
                infringement of intellectual property rights referred 
                by U.S. Immigration and Customs Enforcement to a United 
                States attorney for prosecution and the United States 
                attorneys to which those investigations were referred.
                    (C) The number of such investigations accepted by 
                each such United States attorney and the status or 
                outcome of each such investigation.
                    (D) The number of such investigations that resulted 
                in the imposition of civil or criminal penalties.
                    (E) A description of the efforts of U.S. Custom and 
                Border Protection and U.S. Immigration and Customs 
                Enforcement to improve the success rates of 
                investigations and prosecutions relating to the 
                infringement of intellectual property rights.
            (2) An estimate of the average time required by the Office 
        of International Trade of U.S. Customs and Border Protection to 
        respond to a request from port personnel for advice with 
        respect to whether merchandise detained by U.S. Customs and 
        Border Protection infringed intellectual property rights, 
        distinguished by types of intellectual property rights 
        infringed.
            (3) A summary of the outreach efforts of U.S. Customs and 
        Border Protection and U.S. Immigration and Customs Enforcement 
        with respect to--
                    (A) the interdiction and investigation of, and the 
                sharing of information between those agencies and other 
                Federal agencies to prevent the infringement of 
                intellectual property rights;
                    (B) collaboration with private sector entities--
                            (i) to identify trends in the infringement 
                        of, and technologies that infringe, 
                        intellectual property rights;
                            (ii) to identify opportunities for enhanced 
                        training of officers of U.S. Customs and Border 
                        Protection and U.S. Immigration and Customs 
                        Enforcement; and
                            (iii) to develop best practices to enforce 
                        intellectual property rights; and
                    (C) coordination with foreign governments and 
                international organizations with respect to the 
                enforcement of intellectual property rights.
            (4) A summary of the efforts of U.S. Customs and Border 
        Protection and U.S. Immigration and Customs Enforcement to 
        address the challenges with respect to the enforcement of 
        intellectual property rights presented by Internet commerce and 
        the transit of small packages and an identification of the 
        volume, value, and type of merchandise seized for infringing 
        intellectual property rights as a result of such efforts.
            (5) A summary of training relating to the enforcement of 
        intellectual property rights conducted under section 308 of 
        this Act and expenditures for such training.

SEC. 311. 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 U.S. Customs and Border 
Protection, or a successor form, including any electronic equivalent of 
Declaration Form 6059B or a successor form, printed or displayed on or 
after the date that is 30 days after the date of the enactment of this 
Act include a written warning to inform travelers arriving in the 
United States that importation of merchandise into the United States 
that infringes intellectual property rights may subject travelers to 
civil or criminal penalties and may pose serious risks to safety or 
health.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. DE MINIMIS VALUE.

    (a) De Minimis Value.--Section 321(a)(2)(C) of the Tariff Act of 
1930 (19 U.S.C. 1321(a)(2)(C)) is amended by striking ``$200'' and 
inserting ``$800''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to articles entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.

SEC. 402. CONSULTATION ON TRADE AND CUSTOMS 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. 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) by striking ``the Customs Service'' each place it 
        appears and inserting ``U.S. Customs and Border Protection'';
            (2) in subsection (d)(2)(B), by striking ``The Customs 
        Service'' and inserting ``U.S. Customs and Border Protection''; 
        and
            (3) in subsection (g)(2)(B), by striking ``Secretary's 
        notice'' and inserting ``notice under subparagraph (A)''.

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

    (a) Articles Exported and Returned, Advanced or Improved Abroad.--
            (1) In general.--U.S. Note 3 to subchapter II of chapter 98 
        of the Harmonized Tariff Schedule of the United States is 
        amended by adding at the end the following:
    ``(f)(1) For purposes of subheadings 9802.00.40 and 9802.00.50, 
fungible articles exported from the United States for the purposes 
described in such subheadings--
            ``(A) may be commingled; and
            ``(B) the origin, value, and classification of such 
        articles may be accounted for using an inventory management 
        method.
    ``(2) If a person chooses to use an inventory management method 
under this paragraph with respect to fungible articles, the person 
shall use the same inventory management method for any other articles 
with respect to which the person claims fungibility under this 
paragraph.
    ``(3) For the purposes of this paragraph--
            ``(A) the term `fungible articles' means merchandise or 
        articles that, for commercial purposes, are identical or 
        interchangeable in all situations; and
            ``(B) the term `inventory management method' means any 
        method for managing inventory that is based on generally 
        accepted accounting principles.''.
            (2) Effective date.--The amendment made by this subsection 
        applies to articles classifiable under subheading 9802.00.40 or 
        9802.00.50 of the Harmonized Tariff Schedule of the United 
        States that are entered, or withdrawn from warehouse for 
        consumption, on or after the date that is 60 days after the 
        date of the enactment of this Act.
    (b) Modification of Provisions Relating to Returned Property.--
            (1) In general.--The article description for heading 
        9801.00.10 of the Harmonized Tariff Schedule of the United 
        States is amended by inserting after ``exported'' the 
        following: ``, or any other products when returned within 3 
        years after having been exported''.
            (2) Effective date.--The amendment made by paragraph (1) 
        applies to articles entered, or withdrawn from warehouse for 
        consumption, on or after the date that is 60 days after the 
        date of the enactment of this Act.
    (c) Duty-Free Treatment for Certain United States Government 
Property Returned to the United States.--
            (1) In general.--Subchapter I of chapter 98 of the 
        Harmonized Tariff Schedule of the United States is amended by 
        inserting in numerical sequence the following new heading:


``      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.........

            (2) Effective date.--The amendment made by paragraph (1) 
        applies to goods entered, or withdrawn from warehouse for 
        consumption, on or after the date that is 60 days after the 
        date of the enactment of this Act.

SEC. 405. EXEMPTION FROM DUTY OF RESIDUE OF BULK CARGO CONTAINED IN 
              INSTRUMENTS OF INTERNATIONAL TRAFFIC PREVIOUSLY EXPORTED 
              FROM THE UNITED STATES.

    (a) In General.--General Note 3(e) of the Harmonized Tariff 
Schedule of the United States is amended--
            (1) in subparagraph (v), by striking ``and'' at the end;
            (2) in subparagraph (vi), by adding ``and'' at the end;
            (3) by inserting after subparagraph (vi) (as so amended) 
        the following new subparagraph:
                    ``(vii) residue of bulk cargo contained in 
                instruments of international traffic previously 
                exported from the United States,''; and
            (4) by adding at the end of the flush text following 
        subparagraph (vii) (as so added) the following: ``For purposes 
        of subparagraph (vii) of this paragraph: The term `residue' 
        means material of bulk cargo that remains in an instrument of 
        international traffic after the bulk cargo is removed, with a 
        quantity, by weight or volume, not exceeding 7 percent of the 
        bulk cargo, and with no or de minimis value. The term `bulk 
        cargo' means cargo that is unpackaged and is in either solid, 
        liquid, or gaseous form. The term `instruments of international 
        traffic' means containers or holders, capable of and suitable 
        for repeated use, such as lift vans, cargo vans, shipping 
        tanks, skids, pallets, caul boards, and cores for textile 
        fabrics, arriving (whether loaded or empty) in use or to be 
        used in the shipment of merchandise in international traffic, 
        and any additional articles or classes of articles that the 
        Commissioner responsible for U.S. Customs and Border Protection 
        designates as instruments of international traffic.''.
    (b) Effective Date.--The amendments made by subsection (a) take 
effect on the date of the enactment of this Act and apply with respect 
to residue of bulk cargo contained in instruments of international 
traffic that are imported into the customs territory of the United 
States on or after such date of enactment and that previously have been 
exported from the United States.

SEC. 406. DRAWBACK AND REFUNDS.

    (a) Articles Made From Imported Merchandise.--Section 313(a) of the 
Tariff Act of 1930 (19 U.S.C. 1313(a)) is amended by striking ``the 
full amount of the duties paid upon the merchandise so used shall be 
refunded as drawback, less 1 per centum of such duties, except that 
such'' and inserting ``an amount calculated pursuant to regulations 
prescribed by the Secretary of the Treasury under subsection (l) shall 
be refunded as drawback, except that''.
    (b) Substitution for Drawback Purposes.--Section 313(b) of the 
Tariff Act of 1930 (19 U.S.C. 1313(b)) is amended--
            (1) by striking ``If imported'' and inserting the 
        following:
            ``(1) In general.--If imported'';
            (2) by striking ``and any other merchandise (whether 
        imported or domestic) of the same kind and quality are'' and 
        inserting ``or merchandise classifiable under the same 8-digit 
        HTS subheading number as such imported merchandise is'';
            (3) by striking ``three years'' and inserting ``5 years'';
            (4) by striking ``the receipt of such imported merchandise 
        by the manufacturer or producer of such articles'' and 
        inserting ``the date of importation of such imported 
        merchandise'';
            (5) by striking ``an amount of drawback equal to'' and all 
        that follows through the end period and inserting ``an amount 
        calculated pursuant to regulations prescribed by the Secretary 
        of the Treasury under subsection (l), but only if those 
        articles have not been used prior to such exportation or 
        destruction.''; and
            (6) by adding at the end the following:
            ``(2) Requirements relating to transfer of merchandise.--
                    ``(A) Manufacturers and producers.--Drawback shall 
                be allowed under paragraph (1) with respect to an 
                article manufactured or produced using imported 
                merchandise or other merchandise classifiable under the 
                same 8-digit HTS subheading number as such imported 
                merchandise only if the manufacturer or producer of the 
                article received such imported merchandise or such 
                other merchandise, directly or indirectly, from the 
                importer.
                    ``(B) Exporters and destroyers.--Drawback shall be 
                allowed under paragraph (1) with respect to a 
                manufactured or produced article that is exported or 
                destroyed only if the exporter or destroyer received 
                that article or an article classifiable under the same 
                8-digit HTS subheading number as that article, directly 
                or indirectly, from the manufacturer or producer.
                    ``(C) Evidence of transfer.--Transfers of 
                merchandise under subparagraph (A) and transfers of 
                articles under subparagraph (B) may be evidenced by 
                business records kept in the normal course of business 
                and no additional certificates of transfer or 
                manufacture shall be required.
            ``(3) Submission of bill of materials or formula.--
                    ``(A) In general.--Drawback shall be allowed under 
                paragraph (1) with respect to an article manufactured 
                or produced using imported merchandise or other 
                merchandise classifiable under the same 8-digit HTS 
                subheading number as such imported merchandise only if 
                the person making the drawback claim submits with the 
                claim a bill of materials or formula identifying the 
                merchandise and article by the 8-digit HTS subheading 
                number and the quantity of the merchandise.
                    ``(B) Bill of materials and formula defined.--In 
                this paragraph, the terms `bill of materials' and 
                `formula' mean records kept in the normal course of 
                business that identify each component incorporated into 
                a manufactured or produced article or that identify the 
                quantity of each element, material, chemical, mixture, 
                or other substance incorporated into a manufactured 
                article.
            ``(4) Special rule for sought chemical elements.--
                    ``(A) In general.--For purposes of paragraph (1), a 
                sought chemical element may be--
                            ``(i) considered imported merchandise, or 
                        merchandise classifiable under the same 8-digit 
                        HTS subheading number as such imported 
                        merchandise, used in the manufacture or 
                        production of an article as described in 
                        paragraph (1); and
                            ``(ii) substituted for source material 
                        containing that sought chemical element, 
                        without regard to whether the sought chemical 
                        element and the source material are 
                        classifiable under the same 8-digit HTS 
                        subheading number, and apportioned 
                        quantitatively, as appropriate.
                    ``(B) Sought chemical element defined.--In this 
                paragraph, the term `sought chemical element' means an 
                element listed in the Periodic Table of Elements that 
                is imported into the United States or a chemical 
                compound consisting of those elements, either 
                separately in elemental form or contained in source 
                material.''.
    (c) Merchandise Not Conforming to Sample or Specifications.--
Section 313(c) of the Tariff Act of 1930 (19 U.S.C. 1313(c)) is 
amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C)(ii), by striking ``under a 
                certificate of delivery'' each place it appears;
                    (B) in subparagraph (D)--
                            (i) by striking ``3'' and inserting ``5''; 
                        and
                            (ii) by striking ``the Customs Service'' 
                        and inserting ``U.S. Customs and Border 
                        Protection''; and
                    (C) in the flush text at the end, by striking ``the 
                full amount of the duties paid upon such merchandise, 
                less 1 percent,'' and inserting ``an amount calculated 
                pursuant to regulations prescribed by the Secretary of 
                the Treasury under subsection (l)'';
            (2) in paragraph (2), by striking ``the Customs Service'' 
        and inserting ``U.S. Customs and Border Protection''; and
            (3) by amending paragraph (3) to read as follows:
            ``(3) Evidence of transfers.--Transfers of merchandise 
        under paragraph (1) may be evidenced by business records kept 
        in the normal course of business and no additional certificates 
        of transfer shall be required.''.
    (d) Proof of Exportation.--Section 313(i) of the Tariff Act of 1930 
(19 U.S.C. 1313(i)) is amended to read as follows:
    ``(i) Proof of Exportation.--A person claiming drawback under this 
section based on the exportation of an article shall provide proof of 
the exportation of the article. Such proof of exportation--
            ``(1) shall establish fully the date and fact of 
        exportation and the identity of the exporter; and
            ``(2) may be established through the use of records kept in 
        the normal course of business or through an electronic export 
        system of the United States Government, as determined by the 
        Commissioner responsible for U.S. Customs and Border 
        Protection.''.
    (e) Unused Merchandise Drawback.--Section 313(j) of the Tariff Act 
of 1930 (19 U.S.C. 1313(j)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), in the matter preceding 
                clause (i)--
                            (i) by striking ``3-year'' and inserting 
                        ``5-year''; and
                            (ii) by inserting ``and before the drawback 
                        claim is filed'' after ``the date of 
                        importation''; and
                    (B) in the flush text at the end, by striking ``99 
                percent of the amount of each duty, tax, or fee so 
                paid'' and inserting ``an amount calculated pursuant to 
                regulations prescribed by the Secretary of the Treasury 
                under subsection (l)'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``paragraph (4)'' and inserting ``paragraphs 
                (4), (5), and (6)'';
                    (B) in subparagraph (A), by striking ``commercially 
                interchangeable with'' and inserting ``classifiable 
                under the same 8-digit HTS subheading number as'';
                    (C) in subparagraph (B)--
                            (i) by striking ``3-year'' and inserting 
                        ``5-year''; and
                            (ii) by inserting ``and before the drawback 
                        claim is filed'' after ``the imported 
                        merchandise'';
                    (D) in subparagraph (C)(ii), by striking subclause 
                (II) and inserting the following:
                                    ``(II) received the imported 
                                merchandise, other merchandise 
                                classifiable under the same 8-digit HTS 
                                subheading number as such imported 
                                merchandise, or any combination of such 
                                imported merchandise and such other 
                                merchandise, directly or indirectly 
                                from the person who imported and paid 
                                any duties, taxes, and fees imposed 
                                under Federal law upon importation or 
                                entry and due on the imported 
                                merchandise (and any such transferred 
                                merchandise, regardless of its origin, 
                                will be treated as the imported 
                                merchandise and any retained 
                                merchandise will be treated as domestic 
                                merchandise);''; and
                    (E) in the flush text at the end, by striking ``the 
                amount of each such duty, tax, and fee'' and all that 
                follows through ``99 percent of that duty, tax, or 
                fee'' and inserting ``an amount calculated pursuant to 
                regulations prescribed by the Secretary of the Treasury 
                under subsection (l) shall be refunded as drawback'';
            (3) in paragraph (3)(B), by striking ``the commercially 
        interchangeable merchandise'' and inserting ``merchandise 
        classifiable under the same 8-digit HTS subheading number as 
        such imported merchandise''; and
            (4) by adding at the end the following:
            ``(5)(A) For purposes of paragraph (2) and except as 
        provided in subparagraph (B), merchandise may not be 
        substituted for imported merchandise for drawback purposes 
        based on the 8-digit HTS subheading number if the article 
        description for the 8-digit HTS subheading number under which 
        the imported merchandise is classified begins with the term 
        `other'.
            ``(B) In cases described in subparagraph (A), merchandise 
        may be substituted for imported merchandise for drawback 
        purposes if--
                    ``(i) the other merchandise and such imported 
                merchandise are classifiable under the same 10-digit 
                HTS statistical reporting number; and
                    ``(ii) the article description for that 10-digit 
                HTS statistical reporting number does not begin with 
                the term `other'.
            ``(6)(A) For purposes of paragraph (2), a drawback claimant 
        may use the first 8 digits of the 10-digit Schedule B number 
        for merchandise or an article to determine if the merchandise 
        or article is classifiable under the same 8-digit HTS 
        subheading number as the imported merchandise, without regard 
        to whether the Schedule B number corresponds to more than one 
        8-digit HTS subheading number.
            ``(B) In this paragraph, the term `Schedule B' means the 
        Department of Commerce Schedule B, Statistical Classification 
        of Domestic and Foreign Commodities Exported from the United 
        States.''.
    (f) Liability for Drawback Claims.--Section 313(k) of the Tariff 
Act of 1930 (19 U.S.C. 1313(k)) is amended to read as follows:
    ``(k) Liability for Drawback Claims.--
            ``(1) In general.--Any person making a claim for drawback 
        under this section shall be liable for the full amount of the 
        drawback claimed.
            ``(2) Liability of importers.--An importer shall be liable 
        for any drawback claim made by another person with respect to 
        merchandise imported by the importer in an amount equal to the 
        lesser of--
                    ``(A) the amount of duties, taxes, and fees that 
                the person claimed with respect to the imported 
                merchandise; or
                    ``(B) the amount of duties, taxes, and fees that 
                the importer authorized the other person to claim with 
                respect to the imported merchandise.
            ``(3) Joint and several liability.--Persons described in 
        paragraphs (1) and (2) shall be jointly and severally liable 
        for the amount described in paragraph (2).''.
    (g) Regulations.--Section 313(l) of the Tariff Act of 1930 (19 
U.S.C. 1313(l)) is amended to read as follows:
    ``(l) Regulations.--
            ``(1) In general.--Allowance of the privileges provided for 
        in this section shall be subject to compliance with such rules 
        and regulations as the Secretary of the Treasury shall 
        prescribe.
            ``(2) Calculation of drawback.--
                    ``(A) In general.--Not later than the date that is 
                2 years after the date of the enactment of the Trade 
                Facilitation and Trade Enforcement Act of 2015 (or, if 
                later, the effective date provided for in section 
                406(q)(2)(B) of that Act), the Secretary shall 
                prescribe regulations for determining the calculation 
                of amounts refunded as drawback under this section.
                    ``(B) Requirements.--The regulations required by 
                subparagraph (A) for determining the calculation of 
                amounts refunded as drawback under this section shall 
                provide for a refund of up to 99 percent of the duties, 
                taxes, and fees paid with respect to the imported 
                merchandise, except that where there is substitution of 
                the merchandise or article, then--
                            ``(i) in the case of an article that is 
                        exported, the amount of the refund shall be 
                        equal to 99 percent of the lesser of--
                                    ``(I) the amount of duties, taxes, 
                                and fees paid with respect to the 
                                imported merchandise; or
                                    ``(II) the amount of duties, taxes, 
                                and fees that would apply to the 
                                exported article if the exported 
                                article were imported; and
                            ``(ii) in the case of an article that is 
                        destroyed, the amount of the refund shall be an 
                        amount that is--
                                    ``(I) equal to 99 percent of the 
                                lesser of--
                                            ``(aa) the amount of 
                                        duties, taxes, and fees paid 
                                        with respect to the imported 
                                        merchandise; and
                                            ``(bb) the amount of 
                                        duties, taxes, and fees that 
                                        would apply to the destroyed 
                                        article if the destroyed 
                                        article were imported; and
                                    ``(II) reduced by the value of 
                                materials recovered during destruction 
                                as provided in subsection (x).
            ``(3) Status reports on regulations.--Not later than the 
        date that is one year after the date of the enactment of the 
        Trade Facilitation and Trade Enforcement Act of 2015, and 
        annually thereafter until the regulations required by paragraph 
        (2) are final, the Secretary shall submit to Congress a report 
        on the status of those regulations.''.
    (h) Substitution of Finished Petroleum Derivatives.--Section 313(p) 
of the Tariff Act of 1930 (19 U.S.C. 1313(p)) is amended--
            (1) by striking ``Harmonized Tariff Schedule of the United 
        States'' each place it appears and inserting ``HTS''; and
            (2) in paragraph (3)(A)--
                    (A) in clause (ii)(III), by striking ``, as so 
                certified in a certificate of delivery or certificate 
                of manufacture and delivery''; and
                    (B) in the flush text at the end--
                            (i) by striking ``, as so designated on the 
                        certificate of delivery or certificate of 
                        manufacture and delivery''; and
                            (ii) by striking the last sentence and 
                        inserting the following: ``The party 
                        transferring the merchandise shall maintain 
                        records kept in the normal course of business 
                        to demonstrate the transfer.''.
    (i) Packaging Material.--Section 313(q) of the Tariff Act of 1930 
(19 U.S.C. 1313(q)) is amended--
            (1) in paragraph (1), by striking ``of 99 percent of any 
        duty, tax, or fee imposed under Federal law on such imported 
        material'' and inserting ``in an amount calculated pursuant to 
        regulations prescribed by the Secretary of the Treasury under 
        subsection (l)'';
            (2) in paragraph (2), by striking ``of 99 percent of any 
        duty, tax, or fee imposed under Federal law on the imported or 
        substituted merchandise used to manufacture or produce such 
        material'' and inserting ``in an amount calculated pursuant to 
        regulations prescribed by the Secretary of the Treasury under 
        subsection (l)''; and
            (3) in paragraph (3), by striking ``they contain'' and 
        inserting ``it contains''.
    (j) Filing of Drawback Claims.--Section 313(r) of the Tariff Act of 
1930 (19 U.S.C. 1313(r)) is amended--
            (1) in paragraph (1)--
                    (A) by striking the first sentence and inserting 
                the following: ``A drawback entry shall be filed or 
                applied for, as applicable, not later than 5 years 
                after the date on which merchandise on which drawback 
                is claimed was imported.'';
                    (B) in the second sentence, by striking ``3-year'' 
                and inserting ``5-year''; and
                    (C) in the third sentence, by striking ``the 
                Customs Service'' and inserting ``U.S. Customs and 
                Border Protection'';
            (2) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``The Customs Service'' and inserting 
                        ``U.S. Customs and Border Protection'';
                            (ii) in clauses (i) and (ii), by striking 
                        ``the Customs Service'' each place it appears 
                        and inserting ``U.S. Customs and Border 
                        Protection''; and
                            (iii) in clause (ii)(I), by striking ``3-
                        year'' and inserting ``5-year''; and
                    (B) in subparagraph (B), by striking ``the periods 
                of time for retaining records set forth in subsection 
                (t) of this section and'' and inserting ``the period of 
                time for retaining records set forth in''; and
            (3) by adding at the end the following:
            ``(4) All drawback claims filed on and after the date that 
        is 2 years after the date of the enactment of the Trade 
        Facilitation and Trade Enforcement Act of 2015 (or, if later, 
        the effective date provided for in section 406(q)(2)(B) of that 
        Act) shall be filed electronically.''.
    (k) Designation of Merchandise by Successor.--Section 313(s) of the 
Tariff Act of 1930 (19 U.S.C. 1313(s)) is amended--
            (1) in paragraph (2), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) subject to paragraphs (5) and (6) of 
                subsection (j), imported merchandise, other merchandise 
                classifiable under the same 8-digit HTS subheading 
                number as such imported merchandise, or any combination 
                of such imported merchandise and such other 
                merchandise, that the predecessor received, before the 
                date of succession, from the person who imported and 
                paid any duties, taxes, and fees due on the imported 
                merchandise;''; and
            (2) in paragraph (4), by striking ``certifies that'' and 
        all that follows and inserting ``certifies that the transferred 
        merchandise was not and will not be claimed by the 
        predecessor.''.
    (l) Drawback Certificates.--Section 313 of the Tariff Act of 1930 
(19 U.S.C. 1313) is amended by striking subsection (t).
    (m) Drawback for Recovered Materials.--Section 313(x) of the Tariff 
Act of 1930 (19 U.S.C. 1313(x)) is amended by striking ``and (c)'' and 
inserting ``(c), and (j)''.
    (n) Definitions.--Section 313 of the Tariff Act of 1930 (19 U.S.C. 
1313) is amended by adding at the end the following:
    ``(z) Definitions.--In this section:
            ``(1) Directly.--The term `directly' means a transfer of 
        merchandise or an article from one person to another person 
        without any intermediate transfer.
            ``(2) HTS.--The term `HTS' means the Harmonized Tariff 
        Schedule of the United States.
            ``(3) Indirectly.--The term `indirectly' means a transfer 
        of merchandise or an article from one person to another person 
        with one or more intermediate transfers.''.
    (o) Recordkeeping.--Section 508(c)(3) of the Tariff Act of 1930 (19 
U.S.C. 1508(c)(3)) is amended--
            (1) by striking ``3rd'' and inserting ``5th''; and
            (2) by striking ``payment'' and inserting ``liquidation''.
    (p) Government Accountability Office Report.--
            (1) In general.--Not later than one year after the issuance 
        of the regulations required by subsection (l)(2) of section 313 
        of the Tariff Act of 1930, as added by subsection (g), 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 on the 
        modernization of drawback and refunds under section 313 of the 
        Tariff Act of 1930, as amended by this section.
            (2) Contents.--The report required by paragraph (1) include 
        the following:
                    (A) An assessment of the modernization of drawback 
                and refunds under section 313 of the Tariff Act of 
                1930, as amended by this section.
                    (B) A description of drawback claims that were 
                permissible before the effective date provided for in 
                subsection (q) that are not permissible after that 
                effective date and an identification of industries most 
                affected.
                    (C) A description of drawback claims that were not 
                permissible before the effective date provided for in 
                subsection (q) that are permissible after that 
                effective date and an identification of industries most 
                affected.
    (q) Effective Date.--
            (1) In general.--The amendments made by this section 
        shall--
                    (A) take effect on the date of the enactment of 
                this Act; and
                    (B) except as provided in paragraphs (2)(B) and 
                (3), apply to drawback claims filed on or after the 
                date that is 2 years after such date of enactment.
            (2) Reporting of operability of automated commercial 
        environment computer system.--
                    (A) In general.--Not later than one year after the 
                date of the enactment of this Act, and not later than 2 
                years after such date of enactment, the Secretary of 
                the Treasury shall submit to Congress a report on--
                            (i) the date on which the Automated 
                        Commercial Environment will be ready to process 
                        drawback claims; and
                            (ii) the date on which the Automated Export 
                        System will be ready to accept proof of 
                        exportation under subsection (i) of section 313 
                        of the Tariff Act of 1930, as amended by 
                        subsection (d).
                    (B) Delay of effective date.--If the Secretary 
                indicates in the report required by subparagraph (A) 
                that the Automated Commercial Environment will not be 
                ready to process drawback claims by the date that is 2 
                years after the date of the enactment of this Act, the 
                amendments made by this section shall apply to drawback 
                claims filed on and after the date on which the 
                Secretary certifies that the Automated Commercial 
                Environment is ready to process drawback claims.
            (3) Transition rule.--During the one-year period beginning 
        on the date that is 2 years after the date of the enactment of 
        this Act (or, if later, the effective date provided for in 
        paragraph (2)(B)), 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 of the enactment of 
                this Act.

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 of 
U.S. Customs and Border Protection 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.

 TITLE V--PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY 
                                 ORDERS

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

SEC. 501. PREVENTION AND INVESTIGATION OF EVASION.

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

``SEC. 516B. 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) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Finance and the Committee on 
                Appropriations of the Senate; and
                    ``(B) the Committee on Ways and Means and the 
                Committee on Appropriations of the House of 
                Representatives.
            ``(3) Commissioner.--The term `Commissioner' means the 
        Commissioner responsible for U.S. Customs and Border 
        Protection.
            ``(4) Covered merchandise.--The term `covered merchandise' 
        means merchandise that is subject to--
                    ``(A) a countervailing duty order issued under 
                section 706 of the Tariff Act of 1930;
                    ``(B) an antidumping duty order issued under 
                section 736 of the Tariff Act of 1930; or
                    ``(C) a finding issued under the Antidumping Act, 
                1921.
            ``(5) Eligible small business.--
                    ``(A) In general.--The term `eligible small 
                business' means any business concern which, in the 
                Commissioner's judgment, due to its small size, has 
                neither adequate internal resources nor financial 
                ability to obtain qualified outside assistance in 
                preparing and submitting for consideration allegations 
                of evasion.
                    ``(B) Non-reviewability.--Any agency decision 
                regarding whether a business concern is an eligible 
                small business for purposes of section 311(b)(3) is not 
                reviewable by any other agency or by any court.
            ``(6) Enter; entry.--The terms `enter' and `entry' refer to 
        the entry, or withdrawal from warehouse for consumption, in the 
        customs territory of the United States.
            ``(7) Evade; evasion.--The terms `evade' and `evasion' 
        refer to entering covered merchandise into the customs 
        territory of the United States by means of any document or 
        electronically transmitted data or information, written or oral 
        statement, or act that is material and false, or any omission 
        that is material, and that results in any cash deposit or other 
        security or any amount of applicable antidumping or 
        countervailing duties being reduced or not being applied with 
        respect to the merchandise.
            ``(8) Interested party.--The term `interested party' has 
        the meaning given the term in section 771(9) (other than 
        subparagraph (A) or (B) of such section).
            ``(9) Secretary.--The term `Secretary' means the Secretary 
        of the Treasury.
            ``(10) Trade remedy laws.--The term `trade remedy laws' 
        means title VII of the Tariff Act of 1930.
    ``(b) Trade Remedy Law Enforcement Division.--
            ``(1) Establishment.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall establish and maintain within the Office 
                of International Trade of U.S. Customs and Border 
                Protection, established under section 2(d) of the Act 
                of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 
                2072(d)), a Trade Remedy Law Enforcement Division.
                    ``(B) Composition.--The Trade Law Remedy 
                Enforcement Division shall be composed of--
                            ``(i) headquarters personnel led by a 
                        Director, who shall report to the Assistant 
                        Commissioner of the Office of International 
                        Trade; and
                            ``(ii) a National Targeting and Analysis 
                        Group dedicated to preventing and countering 
                        evasion.
                    ``(C) Duties.--The Trade Remedy Law Enforcement 
                Division shall be dedicated--
                            ``(i) to the development and administration 
                        of policies to prevent and counter evasion;
                            ``(ii) to direct enforcement and compliance 
                        assessment activities concerning evasion;
                            ``(iii) to the development and conduct of 
                        commercial risk assessment targeting with 
                        respect to cargo destined for the United States 
                        in accordance with paragraph (3);
                            ``(iv) to issuing Trade Alerts described in 
                        paragraph (4); and
                            ``(v) to the development of policies for 
                        the application of single entry and continuous 
                        bonds for entries of covered merchandise to 
                        sufficiently protect the collection of 
                        antidumping and countervailing duties 
                        commensurate with the level of risk of 
                        noncollection.
            ``(2) Duties of director.--The duties of the Director of 
        the Trade Remedy Law Enforcement Division shall include--
                    ``(A) directing the trade enforcement and 
                compliance assessment activities of U.S. Customs and 
                Border Protection that concern evasion;
                    ``(B) facilitating, promoting, and coordinating 
                cooperation and the exchange of information between 
                U.S. Customs and Border Protection, U.S. Immigration 
                and Customs Enforcement, and other relevant agencies 
                regarding evasion;
                    ``(C) notifying on a timely basis the administering 
                authority (as defined in section 771(1)) and the 
                Commission (as defined in section 771(2)) of any 
                finding, determination, civil action, or criminal 
                action taken by U.S. Customs and Border Protection or 
                other Federal agency regarding evasion;
                    ``(D) serving as the primary liaison between U.S. 
                Customs and Border Protection and the public regarding 
                United States Government activities concerning evasion, 
                including--
                            ``(i) establish and administer the 
                        procedures described in subsection (c);
                            ``(ii) upon request, provide technical 
                        assistance and advice to eligible small 
                        businesses to enable such businesses to prepare 
                        and submit allegations of evasion; and
                            ``(iii) regularly consult with the public, 
                        the Commercial Customs Operations Advisory 
                        Committee, the Trade Support Network, and any 
                        other relevant parties and organizations 
                        regarding the development and implementation of 
                        regulations, interpretations, and policies 
                        related to countering evasion.
            ``(3) Preventing and countering evasion of the trade remedy 
        laws.--In carrying out its duties with respect to preventing 
        and countering evasion, the National Targeting and Analysis 
        Group dedicated to preventing and countering evasion shall--
                    ``(A) establish targeted risk assessment 
                methodologies and standards--
                            ``(i) for evaluating the risk that cargo 
                        destined for the United States may constitute 
                        evading covered merchandise; and
                            ``(ii) for issuing, as appropriate, Trade 
                        Alerts described in paragraph (4); and
                    ``(B) to the extent practicable and otherwise 
                authorized by law, use 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, and the Treasury Enforcement 
                Communications System, and any successor systems, to 
                administer the methodologies and standards established 
                under subparagraph (A).
            ``(4) Trade alerts.--Based upon the application of the 
        targeted risk assessment methodologies and standards 
        established under paragraph (3), the Director of the Trade 
        Remedy Law Enforcement Division shall issue Trade Alerts or 
        other such means of notification to directors of United States 
        ports of entry directing further inspection, or physical 
        examination or testing, of specific merchandise to ensure 
        compliance with the trade remedy laws.
    ``(c) Procedures for Investigating Allegations of Evasion.--
            ``(1) Initiation by petition or referral.--
                    ``(A) In general.--Not later than 10 days after the 
                date on which the Commissioner receives a petition 
                described in subparagraph (B) or a referral described 
                in subparagraph (C), the Commissioner shall initiate an 
                investigation pursuant to this paragraph.
                    ``(B) Petition described.--A petition described in 
                this subparagraph is a petition that--
                            ``(i) is filed with the Commissioner by any 
                        party who is an interested party with respect 
                        to covered merchandise;
                            ``(ii) alleges that a person has entered 
                        covered merchandise into the customs territory 
                        of the United States through evasion; and
                            ``(iii) is accompanied by information 
                        reasonably available to the petitioner 
                        supporting the allegation.
                    ``(C) Referral described.--A referral described in 
                this subparagraph is information submitted to the 
                Commissioner by any other Federal agency, including the 
                Department of Commerce or the United States 
                International Trade Commission, indicating that a 
                person has entered covered merchandise into the customs 
                territory of the United States through evasion.
            ``(2) Determinations.--
                    ``(A) Preliminary determination.--
                            ``(i) In general.--Not later than 90 days 
                        after the date on which the Commissioner 
                        initiates an investigation under paragraph (1), 
                        the Commissioner shall issue a preliminary 
                        determination, based on information available 
                        to the Commissioner at the time of the 
                        determination, with respect to whether there is 
                        a reasonable basis to believe or suspect that 
                        the covered merchandise was entered into the 
                        customs territory of the United States through 
                        evasion.
                            ``(ii) Extension.--The Commissioner may 
                        extend by not more than 45 days the time period 
                        specified in clause (i) if the Commissioner 
                        determines that sufficient information to make 
                        a preliminary determination under that clause 
                        is not available within that time period or the 
                        inquiry is unusually complex.
                    ``(B) Final determination.--
                            ``(i) In general.--Not later than 120 days 
                        after making a preliminary determination under 
                        subparagraph (A), the Commissioner shall make a 
                        final determination, based on substantial 
                        evidence, with respect to whether covered 
                        merchandise was entered into the customs 
                        territory of the United States through evasion.
                            ``(ii) Extension.--The Commissioner may 
                        extend by not more than 60 days the time period 
                        specified in clause (i) if the Commissioner 
                        determines that sufficient information to make 
                        a final determination under that clause is not 
                        available within that time period or the 
                        inquiry is unusually complex.
                            ``(iii) Opportunity for comment; hearing.--
                        After making a preliminary determination under 
                        subparagraph (A) and before issuing a final 
                        determination under this subparagraph with 
                        respect to whether covered merchandise was 
                        entered into the customs territory of the 
                        United States through evasion, the Commissioner 
                        shall--
                                    ``(I) provide any person alleged to 
                                have entered the merchandise into the 
                                customs territory of the United States 
                                through evasion, and any person that is 
                                an interested party with respect to the 
                                merchandise, with an opportunity to be 
                                heard;
                                    ``(II) upon request, hold a hearing 
                                with respect to whether the covered 
                                merchandise was entered into the 
                                customs territory of the United States 
                                through evasion; and
                                    ``(III) provide an opportunity for 
                                public comment.
                    ``(C) Authority to collect and verify additional 
                information.--In making a preliminary determination 
                under subparagraph (A) or a final determination under 
                subparagraph (B), the Commissioner--
                            ``(i) shall exercise all existing 
                        authorities to collect information needed to 
                        make the determination; and
                            ``(ii) may collect such additional 
                        information as is necessary to make the 
                        determination through such methods as the 
                        Commissioner considers appropriate, including 
                        by--
                                    ``(I) issuing a questionnaire with 
                                respect to covered merchandise to--
                                            ``(aa) a person that filed 
                                        a petition under paragraph 
                                        (1)(B);
                                            ``(bb) a person alleged to 
                                        have entered covered 
                                        merchandise into the customs 
                                        territory of the United States 
                                        through evasion; or
                                            ``(cc) any other person 
                                        that is an interested party 
                                        with respect to the covered 
                                        merchandise; or
                                    ``(II) conducting verifications, 
                                including on-site verifications, of any 
                                relevant information.
                    ``(D) Adverse inference.--
                            ``(i) In general.--If the Commissioner 
                        finds that a person that filed a petition under 
                        paragraph (1)(B), a person alleged to have 
                        entered covered merchandise into the customs 
                        territory of the United States through evasion, 
                        or a foreign producer or exporter, 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 
                        preliminary determination under subparagraph 
                        (A) or a final determination under subparagraph 
                        (B), use an inference that is adverse to the 
                        interests of that person in selecting from 
                        among the facts otherwise available to 
                        determine whether evasion has occurred.
                            ``(ii) Adverse inference described.--An 
                        adverse inference used under clause (i) may 
                        include reliance on information derived from--
                                    ``(I) the petition, if any, 
                                submitted under paragraph (1)(B) with 
                                respect to the covered merchandise;
                                    ``(II) a determination by the 
                                Commissioner in another investigation 
                                under this section;
                                    ``(III) an investigation or review 
                                by the administering authority under 
                                title VII; or
                                    ``(IV) any other information placed 
                                on the record.
                    ``(E) Notification and publication.--Not later than 
                7 days after making a preliminary determination under 
                subparagraph (A) or a final determination under 
                subparagraph (B), the Commissioner shall--
                            ``(i) provide notification of the 
                        determination to--
                                    ``(I) the administering authority; 
                                and
                                    ``(II) the person that submitted 
                                the petition under paragraph (1)(B) or 
                                the Federal agency that submitted the 
                                referral under paragraph (1)(C); and
                            ``(ii) provide the determination for 
                        publication in the Federal Register.
            ``(3) Business proprietary information.--
                    ``(A) Establishment of procedures.--For each 
                investigation initiated under paragraph (1), the 
                Commissioner shall establish procedures for the 
                submission of business proprietary information under an 
                administrative protective order that--
                            ``(i) protects against public disclosure of 
                        such information; and
                            ``(ii) for purposes of submitting comments 
                        to the Commissioner, provides limited access to 
                        such information for--
                                    ``(I) the person that submitted the 
                                petition under paragraph (1)(B) or the 
                                Federal agency that submitted the 
                                referral under paragraph (1)(C); and
                                    ``(II) the person alleged to have 
                                entered covered merchandise into the 
                                customs territory of the United States 
                                through evasion.
                    ``(B) Administration in accordance with other 
                procedures.--The procedures established under 
                subparagraph (A) shall be administered, to the maximum 
                extent practicable, in accordance with administrative 
                protective order procedures under section 777 by the 
                administering authority.
                    ``(C) Disclosure of business proprietary 
                information.--The Commissioner shall, in accordance 
                with the procedures established under subparagraph (A), 
                make all business proprietary information presented to, 
                or obtained by, the Commissioner during an 
                investigation available to the persons specified in 
                subparagraph (A)(ii) under an administrative protective 
                order, regardless of when such information is submitted 
                during an investigation.
            ``(4) Referrals to other federal agencies.--
                    ``(A) After preliminary determination.--
                Notwithstanding section 777 and subject to subparagraph 
                (C), when the Commissioner makes an affirmative 
                preliminary determination under paragraph (2)(A), the 
                Commissioner shall, at the request of the head of 
                another Federal agency, transmit the administrative 
                record to the head of that agency.
                    ``(B) After final determination.--Notwithstanding 
                section 777 and subject to subparagraph (C), when the 
                Commissioner makes an affirmative final determination 
                under paragraph (2)(B), the Commissioner shall, at the 
                request of the head of another Federal agency, transmit 
                the complete administrative record to the head of that 
                agency.
                    ``(C) Protective orders.--Before transmitting an 
                administrative record to the head of another Federal 
                agency under subparagraph (A) or (B), the Commissioner 
                shall verify that the other agency has in effect with 
                respect to the administrative record a protective order 
                that provides the same or a similar level of protection 
                for the information in the administrative record as the 
                protective order in effect with respect to such 
                information under this subsection.
    ``(d) Effect of Determinations.--
            ``(1) Effect of affirmative preliminary determination.--If 
        the Commissioner makes a preliminary determination in 
        accordance with subsection (c)(2)(A) that there is a reasonable 
        basis to believe or suspect that covered merchandise was 
        entered into the customs territory of the United States through 
        evasion, the Commissioner shall--
                    ``(A) suspend the liquidation of each unliquidated 
                entry of the covered merchandise that is subject to the 
                preliminary determination and that entered on or after 
                the date of the initiation of the investigation under 
                paragraph (1) and, pursuant to the Commissioner's 
                authority under section 504(b), extend liquidation of 
                each unliquidated entry of the covered merchandise that 
                is subject to the preliminary determination and that 
                entered prior to the date of the initiation of the 
                investigation under paragraph (1);
                    ``(B) review and reassess the amount of bond or 
                other security the importer is required to post for 
                each entry of merchandise described in subparagraph 
                (A);
                    ``(C) require the posting of a cash deposit with 
                respect to each entry of merchandise described in 
                subparagraph (A); and
                    ``(D) take such other measures as the Commissioner 
                determines appropriate to ensure the collection of any 
                duties that may be owed with respect to merchandise 
                described in subparagraph (A) as a result of a final 
                determination under subsection (c)(2)(B).
            ``(2) Effect of negative preliminary determination.--If the 
        Commissioner makes a preliminary determination in accordance 
        with subsection (c)(2)(A) that there is not a reasonable basis 
        to believe or suspect that covered merchandise was entered into 
        the customs territory of the United States through evasion, the 
        Commissioner shall continue the investigation and notify the 
        administering authority pending a final determination under 
        subsection (c)(2)(B).
            ``(3) Effect of affirmative final determination.--If the 
        Commissioner makes a final determination in accordance with 
        subsection (c)(2)(B) that covered merchandise was entered into 
        the customs territory of the United States through evasion, the 
        Commissioner shall--
                    ``(A) suspend or continue to suspend, as the case 
                may be, the liquidation of each entry of the covered 
                merchandise that is subject to the determination and 
                that enters on or after the date of the determination 
                and, pursuant to the Commissioner's authority under 
                section 504(b), extend or continue to extend, as the 
                case may be, the liquidation of each entry of the 
                covered merchandise that is subject to the 
                determination and that entered prior to the date of the 
                determination;
                    ``(B) notify the administering authority of the 
                determination and request that the administering 
                authority--
                            ``(i) identify the applicable antidumping 
                        or countervailing duty assessment rate for the 
                        entries for which liquidation is suspended 
                        under paragraph (1)(A) or subparagraph (A) of 
                        this paragraph; or
                            ``(ii) if no such assessment rates are 
                        available at the time, identify the applicable 
                        cash deposit rate to be applied to the entries 
                        described in subparagraph (A), with the 
                        applicable antidumping or countervailing duty 
                        assessment rates to be provided as soon as such 
                        rates become available;
                    ``(C) require the posting of cash deposits and 
                assess duties on each entry of merchandise described in 
                subparagraph (A) in accordance with the instructions 
                received from the administering authority under 
                paragraph (5);
                    ``(D) review and reassess the amount of bond or 
                other security the importer is required to post for 
                merchandise described in subparagraph (A) to ensure the 
                protection of revenue and compliance with the law; 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 
                        submit entry summary documentation and to 
                        deposit estimated duties at the time of entry;
                            ``(iv) referring the record in whole or in 
                        part to U.S. Immigration and Customs 
                        Enforcement for civil or criminal 
                        investigation; and
                            ``(v) transmitting the administrative 
                        record to the administering authority for 
                        further appropriate proceedings.
            ``(4) Effect of negative final determination.--If the 
        Commissioner makes a final determination in accordance with 
        subsection (c)(2)(B) that covered merchandise was not entered 
        into the customs territory of the United States through 
        evasion, the Commissioner shall terminate the suspension of 
        liquidation pursuant to paragraph (1)(A) and refund any cash 
        deposits collected pursuant to paragraph (1)(C) that are in 
        excess of the cash deposit rate that would otherwise have been 
        applicable the merchandise.
            ``(5) Cooperation of administering authority.--
                    ``(A) In general.--Upon receiving a notification 
                from the Commissioner under paragraph (3)(B), 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 
                administering authority are unable to determine the 
                producer or exporter of the merchandise with respect to 
                which a notification is made under paragraph (3)(B), 
                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) Special Rules.--
            ``(1) Effect on other authorities.--Neither the initiation 
        of an investigation under subsection (c)(1) nor a preliminary 
        determination or a final determination under subsection (c)(2) 
        shall affect the authority of the Commissioner--
                    ``(A) to pursue such other enforcement measures 
                with respect to the evasion of antidumping or 
                countervailing duties as the Commissioner determines 
                necessary, including enforcement measures described in 
                clauses (i) through (iv) of subsection (d)(3)(E); or
                    ``(B) to assess any penalties or collect any 
                applicable duties, taxes, and fees, including pursuant 
                to section 592.
            ``(2) Effect of determinations on fraud actions.--Neither a 
        preliminary determination nor a final determination under 
        subsection (c)(2) shall be determinative in a proceeding under 
        section 592.
            ``(3) Negligence or intent.--The Commissioner shall 
        investigate and make a preliminary determination or a final 
        determination under this section with respect to whether a 
        person has entered covered merchandise into the customs 
        territory of the United States through evasion without regard 
        to whether the person--
                    ``(A) intended to violate an antidumping duty order 
                or countervailing duty order under section 736 or 706, 
                respectively, or a finding issued under the Antidumping 
                Act, 1921; or
                    ``(B) exercised reasonable care with respect to 
                avoiding a violation of such an order or finding.''.
    (b) Technical Amendment.--Clause (ii) of section 777(b)(1)(A) of 
the Tariff Act of 1930 (19 U.S.C. 1677f(b)(1)(A)) is amended to read as 
follows:
                            ``(ii) to an officer or employee of U.S. 
                        Customs and Border Protection who is directly 
                        involved in conducting an investigation 
                        regarding fraud under this title or claims of 
                        evasion under section 516B.''.
    (c) Judicial Review.--Section 516A(a)(2) of the Tariff Act of 1930 
(19 U.S.C. 1516a(a)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i)(III), by striking ``or'' at the 
                end;
                    (B) in clause (ii), by adding ``or'' at the end; 
                and
                    (C) by inserting after clause (ii) the following:
                            ``(iii) the date of publication in the 
                        Federal Register of a determination described 
                        in clause (ix) of subparagraph (B),''; and
            (2) in subparagraph (B), by adding at the end the following 
        new clause:
                            ``(ix) A determination by the Commissioner 
                        responsible for U.S. Customs and Border 
                        Protection under section 516B that merchandise 
                        has been entered into the customs territory of 
                        the United States through evasion.''.
    (d) Finality of Determinations.--Section 514(b) of the Tariff Act 
of 1930 (19 U.S.C. 1514(b)) is amended by striking ``section 303'' and 
all that follows through ``which are reviewable'' and inserting 
``section 516B or title VII that are reviewable''.

SEC. 502. APPLICATION TO CANADA AND MEXICO.

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

                       Subtitle B--Other Matters

SEC. 511. DEFINITIONS.

    In this subtitle, the terms ``appropriate congressional 
committees'', ``Commissioner'', ``covered merchandise'', ``enter'' and 
``entry'', and ``evade'' and ``evasion'' have the meanings given those 
terms in section 516B(a) of the Tariff Act of 1930 (as added by section 
501(a) of this Act).

SEC. 512. ALLOCATION AND TRAINING OF PERSONNEL.

    (a) Reassignment and Allocation.--The Commissioner shall, to the 
maximum extent possible, ensure that U.S. Customs and Border 
Protection--
            (1) employs sufficient personnel who have expertise in, and 
        responsibility for, preventing and investigating the entry of 
        covered merchandise into the customs territory of the United 
        States through evasion;
            (2) on the basis of risk assessment metrics, assigns 
        sufficient personnel with primary responsibility for preventing 
        the entry of covered merchandise into the customs territory of 
        the United States through evasion to the ports of entry in the 
        United States at which the Commissioner determines potential 
        evasion presents the most substantial threats to the revenue of 
        the United States; and
            (3) provides adequate training to relevant personnel to 
        increase expertise and effectiveness in the prevention and 
        investigation of entries of covered merchandise into the 
        customs territory of the United States through evasion.
    (b) Commercial Enforcement Officers.--Not later than 30 days after 
the enactment of this Act, the Secretary of Homeland Security, the 
Commissioner, and the Assistant Secretary for U.S. Immigration and 
Customs Enforcement shall assess and properly allocate the resources of 
U.S. Customs and Border Protection and U.S. Immigration and Customs 
Enforcement--
            (1) to effectively implement the provisions of, and 
        amendments made by, this Act; and
            (2) to improve efforts to investigate and combat evasion.

SEC. 513. REGULATIONS.

    (a) In General.--Not later than 240 days after the date of the 
enactment of this Act, the Commissioner shall issue regulations to 
carry out this title and the amendments made by this title.
    (b) Cooperation Between U.S. Customs and Border Protection, U.S. 
Immigration and Customs Enforcement, and Department of Commerce.--Not 
later than 240 days after the date of the enactment of this Act, the 
Commissioner, the Assistant Secretary for U.S. Immigration and Customs 
Enforcement, and the Secretary of Commerce shall establish procedures 
to ensure maximum cooperation and communication between U.S. Customs 
and Border Protection, U.S. Immigration and Customs Enforcement, and 
the Department of Commerce in order to quickly, efficiently, and 
accurately investigate allegations of evasion under section 516B of the 
Tariff Act of 1930 (as added by section 501(a) of this Act).

SEC. 514. ANNUAL REPORT ON PREVENTION OF EVASION OF ANTIDUMPING AND 
              COUNTERVAILING DUTY ORDERS.

    (a) In General.--Not later than February 28 of each year, beginning 
in 2016, the Commissioner, in consultation with the Secretary of 
Commerce and the Assistant Secretary for U.S. Immigration and Customs 
Enforcement, shall submit to the appropriate congressional committees a 
report on the efforts being taken to prevent and investigate evasion.
    (b) Contents.--Each report required under subsection (a) shall 
include--
            (1) for the calendar year preceding the submission of the 
        report--
                    (A) a summary of the efforts of U.S. Customs and 
                Border Protection to prevent and investigate evasion;
                    (B) the number of allegations of evasion received 
                and the number of allegations of evasion resulting in 
                investigations by U.S. Customs and Border Protection or 
                any other agency;
                    (C) a summary of the completed investigations of 
                evasion, including the number and nature of the 
                investigations initiated, conducted, or completed, as 
                well as their resolution;
                    (D) with respect to investigations that lead to 
                lead to issuance of a penalty notice, the penalty 
                amounts;
                    (E) the amounts of antidumping and countervailing 
                duties collected as a result of any investigations or 
                other actions by U.S. Customs and Border Protection or 
                any other agency;
                    (F) a description of the allocation of personnel 
                and other resources of U.S. Customs and Border 
                Protection and U.S. Immigration and Customs Enforcement 
                to prevent and investigation evasion, including any 
                assessments conducted regarding the allocation of such 
                personnel and resources; and
                    (G) a description of training conducted to increase 
                expertise and effectiveness in the prevention and 
                investigation of evasion; and
            (2) a description of U.S. Customs and Border Protection 
        processes and procedures to prevent and investigate evasion, 
        including--
                    (A) the specific guidelines, policies, and 
                practices used by U.S. Customs and Border Protection to 
                ensure that allegations of evasion are promptly 
                evaluated and acted upon in a timely manner;
                    (B) an evaluation of the efficacy of such existing 
                guidelines, policies, and practices;
                    (C) identification of any changes since the last 
                report that have materially improved or reduced the 
                effectiveness of U.S. Customs and Border Protection to 
                prevent and investigate 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 on noncollection;
                    (E) the processes and procedures for increased 
                cooperation and information sharing with the Department 
                of Commerce, U.S. Immigration and Customs Enforcement, 
                and any other relevant Federal agencies to prevent and 
                investigate evasion; and
                    (F) identification of any recommended policy 
                changes of other Federal agencies or legislative 
                changes to improve the effectiveness of U.S. Customs 
                and Border Protection to prevent and investigate 
                evasion.

SEC. 515. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON RELIQUIDATION 
              AUTHORITY.

    Not later than 60 days after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
appropriate congressional committees, and make available to the public, 
a report estimating the amount of duties that could not be collected on 
covered merchandise that entered the customs territory of the United 
States through evasion during fiscal years 2014 and 2015 because the 
Commissioner did not have the authority to reliquidate the entries of 
such merchandise.

SEC. 516. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS.

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