[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 644 Engrossed Amendment House (EAH)]

                In the House of Representatives, U. S.,

                                                         June 12, 2015.
    Resolved, That the House agree to the amendment of the Senate to 
the title of the bill (H.R. 644) entitled ``An Act to amend the 
Internal Revenue Code of 1986 to permanently extend and expand the 
charitable deduction for contributions of food inventory.'' and be it 
further
    Resolved, That the House agree to the amendment of the Senate to 
the text of the aforementioned bill, with the following

                  HOUSE AMENDMENT TO SENATE AMENDMENT:

            In lieu of the matter proposed to be inserted by the 
      amendment of the Senate to the text of the bill, insert the 
      following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Trade Facilitation 
and Trade Enforcement Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

           TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT

Sec. 101. Improving partnership programs.
Sec. 102. Report on effectiveness of trade enforcement activities.
Sec. 103. Priorities and performance standards for customs 
                            modernization, trade facilitation, and 
                            trade enforcement functions and programs.
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 risk assessment targeting and trade alerts.
Sec. 112. Report on oversight of revenue protection and enforcement 
                            measures.
Sec. 113. Report on security and revenue measures with respect to 
                            merchandise transported in bond.
Sec. 114. Importer of record program.
Sec. 115. Establishment of new importer program.
Sec. 116. Customs broker identification of importers.
Sec. 117. Requirements applicable to non-resident importers.
Sec. 118. Priority trade issues.
Sec. 119. Appropriate congressional committees defined.

                   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--PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY 
                                 ORDERS

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Application to Canada and Mexico.

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

Sec. 411. Trade remedy law enforcement division.
Sec. 412. Collection of information on evasion of trade remedy laws.
Sec. 413. Access to information.
Sec. 414. Cooperation with foreign countries on preventing evasion of 
                            trade remedy laws.
Sec. 415. Trade negotiating objectives.

       Subtitle B--Investigation of Evasion of Trade Remedy Laws

Sec. 421. Procedures for investigation of evasion of antidumping and 
                            countervailing duty orders.
Sec. 422. Government Accountability Office report.

                       Subtitle C--Other Matters

Sec. 431. Allocation and training of personnel.
Sec. 432. Annual report on prevention of evasion of antidumping and 
                            countervailing duty orders.
Sec. 433. Addressing circumvention by new shippers.

   TITLE V--IMPROVEMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAWS

Sec. 501. Short title.
Sec. 502. Consequences of failure to cooperate with a request for 
                            information in a proceeding.
Sec. 503. Definition of material injury.
Sec. 504. Particular market situation.
Sec. 505. Distortion of prices or costs.
Sec. 506. Reduction in burden on Department of Commerce by reducing the 
                            number of voluntary respondents.
Sec. 507. Application to Canada and Mexico.

              TITLE VI--ADDITIONAL ENFORCEMENT PROVISIONS

Sec. 601. Trade enforcement priorities.
Sec. 602. Exercise of WTO authorization to suspend concessions or other 
                            obligations under trade agreements.
Sec. 603. Trade monitoring.

                    TITLE VII--CURRENCY MANIPULATION

Sec. 701. Enhancement of engagement on currency exchange rate and 
                            economic policies with certain major 
                            trading partners of the United States.
Sec. 702. Advisory committee on international exchange rate policy.

    TITLE VIII--ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION

Sec. 801. Short title.
Sec. 802. Establishment of U.S. Customs and Border Protection.

                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. De minimis value.
Sec. 902. Consultation on trade and customs revenue functions.
Sec. 903. Penalties for customs brokers.
Sec. 904. Amendments to chapter 98 of the Harmonized Tariff Schedule of 
                            the United States.
Sec. 905. Exemption from duty of residue of bulk cargo contained in 
                            instruments of international traffic 
                            previously exported from the United States.
Sec. 906. Drawback and refunds.
Sec. 907. Office of the United States Trade Representative.
Sec. 908. United States-Israel Trade and Commercial Enhancement.
Sec. 909. Elimination of consumptive demand exception to prohibition on 
                            importation of goods made with convict 
                            labor, forced labor, or indentured labor; 
                            report.
Sec. 910. Customs user fees.
Sec. 911. Report on certain U.S. Customs and Border Protection 
                            agreements.
Sec. 912. Amendments to Bipartisan Congressional Trade Priorities and 
                            Accountability Act of 2015.
Sec. 913. Certain interest to be included in distributions under 
                            Continued Dumping and Subsidy Offset Act of 
                            2000.
Sec. 914. Report on competitiveness of U.S. recreational performance 
                            outerwear industry.
Sec. 915. Increase in penalty for failure to file return of tax.

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 of U.S. Customs and Border Protection, as 
        described in section 411(b) of the Homeland Security Act of 
        2002, as added by section 802(a) of this Act.
            (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.
            (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 
on or after such date of enactment, provide trade benefits to private 
sector entities that meet the requirements for participation in those 
programs established by the Commissioner under this section.
    (b) Elements.--In developing and operating partnership programs 
under subsection (a), the Commissioner shall--
            (1) consult with private sector entities, the public, and 
        other Federal agencies when appropriate, to ensure that 
        participants in those programs receive commercially significant 
        and measurable trade benefits, including providing 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 with 
                the customs and trade laws of the United States to 
                receive immediate clearance absent information that a 
                transaction may pose a national security or compliance 
                threat; and
            (5) ensure that trade benefits are provided to participants 
        in partnership programs.
    (c) Report Required.--Not later than the date that is 180 days 
after the date of the enactment of this Act, and not later than 
December 31 of each calendar year thereafter, the Commissioner shall 
submit to the appropriate congressional committees a report that--
            (1) identifies each partnership program referred to in 
        subsection (a);
            (2) for each such program, identifies--
                    (A) the requirements for participants in the 
                program;
                    (B) the commercially significant and measurable 
                trade benefits provided to participants in the program;
                    (C) the number of participants in the program; and
                    (D) in the case of a program that provides for 
                participation at multiple tiers, the number of 
                participants at each such tier;
            (3) identifies the number of participants enrolled in more 
        than one such partnership program;
            (4) assesses the effectiveness of each such partnership 
        program in advancing the security, trade enforcement, and trade 
        facilitation missions of U.S. Customs and Border Protection, 
        based on historical developments, the level of participation in 
        the program, and the evolution of benefits provided to 
        participants in the program;
            (5) summarizes the efforts of U.S. Customs and Border 
        Protection to work with other Federal agencies with authority 
        to detain and release merchandise entering the United States to 
        ensure that partnership programs of those agencies are 
        compatible with partnership programs of U.S. Customs and Border 
        Protection;
            (6) summarizes criteria developed with those agencies for 
        authorizing the release, on an expedited basis, of merchandise 
        for which documentation is required from one or more of those 
        agencies to clear or license the merchandise for entry into the 
        United States;
            (7) summarizes the efforts of U.S. Customs and Border 
        Protection to work with private sector entities and the public 
        to develop and improve 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 appropriate congressional committees a report on 
the effectiveness of trade enforcement activities of U.S. Customs and 
Border Protection.
    (b) Contents.--The report required by subsection (a) shall 
include--
            (1) a description of the use of resources, results of 
        audits and verifications, targeting, organization, and training 
        of personnel of U.S. Customs and Border Protection; 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 
        appropriate congressional committees, shall establish 
        priorities and performance standards to measure the development 
        and levels of achievement of the customs modernization, trade 
        facilitation, and trade enforcement functions and programs 
        described in subsection (b).
            (2) Minimum priorities and standards.--Such priorities and 
        performance standards shall, at a minimum, include priorities 
        and standards relating to efficiency, outcome, output, and 
        other types of applicable measures.
    (b) Functions and Programs Described.--The functions and programs 
referred to in subsection (a) are the following:
            (1) The Automated Commercial Environment.
            (2) Each of the priority trade issues described in section 
        118.
            (3) The Centers of Excellence and Expertise described in 
        section 110.
            (4) Drawback for exported merchandise under section 313 of 
        the Tariff Act of 1930 (19 U.S.C. 1313), as amended by section 
        906 of this Act.
            (5) Transactions relating to imported merchandise in bond.
            (6) Collection of countervailing duties assessed under 
        subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 
        1671 et seq.) and antidumping duties assessed under subtitle B 
        of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et 
        seq.).
            (7) The expedited clearance of cargo.
            (8) The issuance of regulations and rulings.
            (9) The issuance of Regulatory Audit Reports.
    (c) Consultations and Notification.--
            (1) Consultations.--The consultations required by 
        subsection (a)(1) shall occur, at a minimum, on an annual 
        basis.
            (2) Notification.--The Commissioner shall notify the 
        appropriate congressional committees of any changes to the 
        priorities 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 appropriate congressional committees 
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. Immigration and Customs Enforcement personnel'' 
        means Homeland Security Investigations Directorate personnel 
        and other appropriate employees of U.S. Immigration and Customs 
        Enforcement.

SEC. 105. JOINT STRATEGIC PLAN.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, and every 2 years thereafter, the Commissioner 
and the Director of U.S. Immigration and Customs Enforcement shall 
jointly develop and submit to the appropriate congressional committees 
a joint strategic plan.
    (b) Contents.--The joint strategic plan required under this section 
shall be comprised of a comprehensive 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 section 118, 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;
            (6) a description of efforts to work with the World Customs 
        Organization and other international organizations, in 
        consultation with other Federal agencies as appropriate, with 
        respect to enhancing trade enforcement and trade facilitation;
            (7) a description of U.S. Custom and Border Protection 
        organizational benchmarks for optimizing staffing and wait 
        times at ports of entry;
            (8) a specific identification of any domestic or 
        international best practices that may further improve trade 
        enforcement and trade facilitation;
            (9) any legislative recommendations to further improve 
        trade enforcement and trade facilitation; and
            (10) a description of efforts made to improve consultation 
        and coordination with the private sector to enhance trade 
        enforcement and trade facilitation.
    (c) Consultations.--
            (1) In general.--In developing the joint strategic plan 
        required under this section, the Commissioner and the Director 
        of U.S. Immigration and Customs Enforcement shall consult 
        with--
                    (A) appropriate officials from 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.
            (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 of U.S. Customs and Border 
                Protection shall submit to the Committee on 
                Appropriations and the Committee on Finance of the 
                Senate and the Committee on Appropriations and the 
                Committee on Ways and Means of the House of 
                Representatives a report 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.

    Section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) is 
amended--
            (1) by redesignating paragraphs (4) through (7) as 
        paragraphs (5) through (8), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) Information technology infrastructure.--
                    ``(A) In general.--The Secretary shall work with 
                the head of each agency participating in the ITDS and 
                the Interagency Steering Committee to ensure that each 
                agency--
                            ``(i) develops and maintains the necessary 
                        information technology infrastructure to 
                        support the operation of the ITDS and to submit 
                        all data to the ITDS electronically;
                            ``(ii) enters into a memorandum of 
                        understanding, or takes such other action as is 
                        necessary, to provide for the information 
                        sharing between the agency and U.S. Customs and 
                        Border Protection necessary for the operation 
                        and maintenance of the ITDS;
                            ``(iii) not later than June 30, 2016, 
                        identifies and transmits to the Commissioner of 
                        U.S. Customs and Border Protection the 
                        admissibility criteria and data elements 
                        required by the agency to authorize the release 
                        of cargo by U.S. Customs and Border Protection 
                        for incorporation into the operational 
                        functionality of the Automated Commercial 
                        Environment computer system authorized under 
                        section 13031(f)(4) of the Consolidated Omnibus 
                        Budget and Reconciliation Act of 1985 (19 
                        U.S.C. 58c(f)(4)); and
                            ``(iv) not later than December 31, 2016, 
                        utilizes the ITDS as the primary means of 
                        receiving from users the standard set of data 
                        and other relevant documentation, exclusive of 
                        applications for permits, licenses, or 
                        certifications required for the release of 
                        imported cargo and clearance of cargo for 
                        export.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph shall be construed to require any action to 
                be taken that would compromise an ongoing law 
                enforcement investigation or 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 appropriate congressional committees; and
            (2) not later than 30 days before entering into any such 
        arrangement or similar agreement, with the appropriate 
        congressional committees.
    (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 security, 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 the development of policies, 
        priorities, or negotiating objectives or positions that could 
        impact the commercial operations of U.S. Customs and Border 
        Protection or the operations or investigations of U.S. 
        Immigration and Customs Enforcement.
    (e) Annual Report.--Not later than December 31, 2016, and annually 
thereafter, the Advisory Committee shall submit to the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of 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 
appropriate congressional committees and the Commercial Customs 
Operations Advisory Committee established by section 109, develop and 
implement Centers of Excellence and Expertise throughout U.S. Customs 
and Border Protection that--
            (1) enhance the economic competitiveness of the United 
        States by consistently enforcing the laws and regulations of 
        the United States at all ports of entry of the United States 
        and by facilitating the flow of legitimate trade through 
        increasing industry-based knowledge;
            (2) improve enforcement efforts, including enforcement of 
        priority trade issues described in section 118, in specific 
        industry sectors through the application of targeting 
        information from the National Targeting Center under section 
        111 and from other means of verification;
            (3) build upon the expertise of U.S. Customs and Border 
        Protection in particular industry operations, supply chains, 
        and compliance requirements;
            (4) promote the uniform implementation at each port of 
        entry of the United States of policies and regulations relating 
        to imports;
            (5) centralize the trade enforcement and trade facilitation 
        efforts of U.S. Customs and Border Protection;
            (6) formalize an account-based approach to apply, as the 
        Commissioner determines appropriate, to the importation of 
        merchandise into the United States;
            (7) foster partnerships though the expansion of trade 
        programs and other trusted partner programs;
            (8) develop applicable performance measurements to meet 
        internal efficiency and effectiveness goals; and
            (9) whenever feasible, facilitate a more efficient flow of 
        information between Federal agencies.
    (b) Report.--Not later than December 31, 2016, the Commissioner 
shall submit to the appropriate congressional committees a report 
describing--
            (1) the scope, functions, and structure of each Center of 
        Excellence and Expertise developed and implemented under 
        subsection (a);
            (2) the effectiveness of each such Center of Excellence and 
        Expertise in improving enforcement efforts, including 
        enforcement of priority trade issues described in section 118, 
        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 RISK ASSESSMENT TARGETING AND TRADE ALERTS.

    (a) Commercial Risk Assessment Targeting.--In carrying out its 
duties under section 411(g)(4) of the Homeland Security Act of 2002, as 
added by section 802(a) of this Act, the National Targeting Center 
shall--
            (1) establish targeted risk assessment methodologies and 
        standards--
                    (A) for evaluating the risk that cargo destined for 
                the United States may violate the customs and trade 
                laws of the United States, particularly those laws 
                applicable to merchandise subject to the priority trade 
                issues described in section 118; and
                    (B) for issuing, as appropriate, Trade Alerts 
                described in subsection (b);
            (2) to the extent practicable and otherwise authorized by 
        law, use, to administer the methodologies and standards 
        established under paragraph (1)--
                    (A) publicly available information;
                    (B) information available from the Automated 
                Commercial System, the Automated Commercial Environment 
                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
                    (C) information made available to the National 
                Targeting Center, including information provided by 
                private sector entities; and
            (3) provide for the receipt and transmission to the 
        appropriate U.S. Customs and Border Protection offices of 
        allegations from interested parties in the private sector of 
        violations of customs and trade laws of the United States of 
        merchandise relating to the priority trade issues described in 
        section 118.
    (b) Trade Alerts.--
            (1) Issuance.--In carrying out its duties under section 
        411(g)(4) of the Homeland Security Act of 2002, as added by 
        section 802(a) of this Act, and based upon the application of 
        the targeted risk assessment methodologies and standards 
        established under subsection (a), the Executive Director of the 
        National Targeting Center may issue Trade Alerts to directors 
        of United States ports of entry directing further inspection, 
        or physical examination or testing, of specific merchandise to 
        ensure compliance with all applicable customs and trade laws 
        and regulations administered by U.S. Customs and Border 
        Protection.
            (2) Determinations not to implement trade alerts.--The 
        director of a United States port of entry may determine not to 
        conduct further inspections, or physical examination or 
        testing, pursuant to a Trade Alert issued under paragraph (1) 
        if--
                    (A) the director finds that such a determination is 
                justified by port security interests; and
                    (B) not later than 48 hours after making the 
                determination, notifies the Assistant Commissioner of 
                the Office of Field Operations of U.S. Customs and 
                Border Protection of the determination and the reasons 
                for the determination.
            (3) Summary of determinations not to implement.--The 
        Assistant Commissioner of the Office of Field Operations of 
        U.S. Customs and Border Protection shall--
                    (A) compile an annual public summary of all 
                determinations by directors of United States ports of 
                entry under paragraph (2) and the reasons for those 
                determinations;
                    (B) conduct an evaluation of the utilization of 
                Trade Alerts issued under paragraph (1); and
                    (C) not later than December 31 of each year, submit 
                the summary to the appropriate congressional 
                committees.
            (4) Inspection defined.--In this subsection, the term 
        ``inspection'' means the comprehensive evaluation process used 
        by U.S. Customs and Border Protection, other than physical 
        examination or testing, to permit the entry of merchandise into 
        the United States, or the clearance of merchandise for 
        transportation in bond through the United States, for purposes 
        of--
                    (A) assessing duties;
                    (B) identifying restricted or prohibited items; and
                    (C) ensuring compliance with all applicable customs 
                and trade laws and regulations administered by U.S. 
                Customs and Border Protection.
    (c) Use of Trade Data for Commercial Enforcement Purposes.--Section 
343(a)(3)(F) of the Trade Act of 2002 (19 U.S.C. 2071 note) is amended 
to read as follows:
                    ``(F) The information collected pursuant to the 
                regulations shall be used exclusively for ensuring 
                cargo safety and security, preventing smuggling, and 
                commercial risk assessment targeting, and shall not be 
                used for any commercial enforcement purposes, including 
                for determining merchandise entry. Notwithstanding the 
                preceding sentence, nothing in this section shall be 
                treated as amending, repealing, or otherwise modifying 
                title IV of the Tariff Act of 1930 or regulations 
                promulgated thereunder.''.

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. 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 section 118;
            (4) develops procedures to ensure increased oversight of 
        imported products of new importers by Centers of Excellence and 
        Expertise established under section 110; 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. 116. 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--
                    ``(A) the term `importer' means one of the parties 
                qualifying as an importer of record under section 
                484(a)(2)(B); and
                    ``(B) the term `nonresident importer' means an 
                importer who is--
                            ``(i) an individual who is not a citizen of 
                        the United States or an alien lawfully admitted 
                        for permanent residence in the United States; 
                        or
                            ``(ii) a partnership, corporation, or other 
                        commercial entity that is not organized under 
                        the laws of a jurisdiction within the customs 
                        territory of the United States (as such term is 
                        defined in General Note 2 of the Harmonized 
                        Tariff Schedule of the United States) or in the 
                        Virgin Islands of the United States.''.
    (b) Study and Report Required.--Not later than 180 days after the 
date of enactment of this Act, the Commissioner 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) of this section); and
            (2) establishing a system for customs brokers to review 
        information maintained by relevant Federal agencies for 
        purposes of verifying the identities of importers, including 
        nonresident importers, seeking to import merchandise into the 
        United States.

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 is not a resident of the United 
States, the Commissioner of 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 Commissioner of 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 Facilitation and Trade 
        Enforcement Act of 2015.''.
    (b) Effective Date.--Section 484c of the Tariff Act of 1930, as 
added by subsection (a), takes effect on the date of the enactment of 
this Act and applies with respect to the importation, 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. PRIORITY TRADE ISSUES.

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

SEC. 119. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

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

                   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 of U.S. Customs and Border Protection.
            (10) The Chairman of the Consumer Product Safety 
        Commission.
            (11) The Director of U.S. Immigration and Customs 
        Enforcement.
            (12) The head of any other Federal agency designated by the 
        President to participate in the interagency Import Safety 
        Working Group, as appropriate.
    (c) Duties.--The duties of the interagency Import Safety Working 
Group shall include--
            (1) consulting on the development of the joint import 
        safety rapid response plan required by section 202;
            (2) periodically evaluating the adequacy of the plans, 
        practices, and resources of the Federal Government dedicated to 
        ensuring the safety of merchandise imported 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 established under section 201, shall develop a plan (to 
be known as the ``joint import safety rapid response plan'') that sets 
forth protocols and defines practices for U.S. Customs and Border 
Protection to use--
            (1) in taking action in response to, and coordinating 
        Federal responses to, an incident in which cargo destined for 
        or merchandise entering the United States has been identified 
        as posing a threat to the health or safety of consumers in the 
        United States; and
            (2) in recovering from or mitigating the effects of actions 
        and responses to an incident described in paragraph (1).
    (b) Contents.--The joint import safety rapid response plan shall 
address--
            (1) the statutory and regulatory authorities and 
        responsibilities of U.S. Customs and Border Protection and 
        other Federal agencies in responding to an incident described 
        in subsection (a)(1);
            (2) the protocols and practices to be used by U.S. Customs 
        and Border Protection when taking action in response to, and 
        coordinating Federal responses to, such an incident;
            (3) the measures to be taken by U.S. Customs and Border 
        Protection and other Federal agencies in recovering from or 
        mitigating the effects of actions taken in response to such an 
        incident after the incident to ensure the resumption of the 
        entry of merchandise into the United States; and
            (4) exercises that U.S. Customs and Border Protection may 
        conduct in conjunction with Federal, State, and local agencies, 
        and private sector entities, to simulate responses to such an 
        incident.
    (c) Updates of Plan.--The Secretary of Homeland Security shall 
review and update the joint import safety rapid response plan, as 
appropriate, after conducting exercises under subsection (d).
    (d) Import Health and Safety Exercises.--
            (1) In general.--The Secretary of Homeland Security and the 
        Commissioner shall periodically engage in the exercises 
        referred to in subsection (b)(4), in conjunction with Federal, 
        State, and local agencies and private sector entities, as 
        appropriate, to test and evaluate the protocols and practices 
        identified in the joint import safety rapid response plan at 
        United States ports of entry.
            (2) Requirements for exercises.--In conducting exercises 
        under paragraph (1), the Secretary and the Commissioner shall--
                    (A) make allowance for the resources, needs, and 
                constraints of United States ports of entry of 
                different sizes in representative geographic locations 
                across the United States;
                    (B) base evaluations on current risk assessments of 
                merchandise entering the United States at 
                representative United States ports of entry located 
                across the United States;
                    (C) ensure that such exercises are conducted in a 
                manner consistent with the National Incident Management 
                System, the National Response Plan, the National 
                Infrastructure Protection Plan, the National 
                Preparedness Guidelines, the Maritime Transportation 
                System Security Plan, and other such national 
                initiatives of the Department of Homeland Security, as 
                appropriate; and
                    (D) develop metrics with respect to the resumption 
                of the entry of merchandise into the United States 
                after an incident described in subsection (a)(1).
            (3) Requirements for testing and evaluation.--The Secretary 
        and the Commissioner shall ensure that the testing and 
        evaluation carried out in conducting exercises under paragraph 
        (1)--
                    (A) are performed using clear and objective 
                performance measures; and
                    (B) result in the identification of specific 
                recommendations or best practices for responding to an 
                incident described in subsection (a)(1).
            (4) Dissemination of recommendations and best practices.--
        The Secretary and the Commissioner shall--
                    (A) share the recommendations or best practices 
                identified under paragraph (3)(B) among the members of 
                the interagency Import Safety Working Group established 
                under section 201 and with, as appropriate--
                            (i) State, local, and tribal governments;
                            (ii) foreign governments; and
                            (iii) private sector entities; and
                    (B) use such recommendations and best practices to 
                update the joint import safety rapid response plan.

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.

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

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

    ``(a) In General.--Subject to subsections (c) and (d), if the 
Commissioner of U.S. Customs and Border Protection suspects that 
merchandise is being imported into the United States in violation of 
section 526 of this Act or section 602, 1201(a)(2), or 1201(b)(1) of 
title 17, United States Code, and determines that the examination or 
testing of the merchandise by a person described in subsection (b) 
would assist the Commissioner in determining if the merchandise is 
being imported in violation of that section, the Commissioner, to 
permit the person to conduct the examination and testing--
            ``(1) shall provide to the person information that appears 
        on the merchandise and its packaging and labels, including 
        unredacted images of the merchandise and its packaging and 
        labels; and
            ``(2) may, subject to any applicable bonding requirements, 
        provide to the person unredacted samples of the merchandise.
    ``(b) Person Described.--A person described in this subsection is--
            ``(1) in the case of merchandise suspected of being 
        imported in violation of section 526, the owner of the 
        trademark suspected of being copied or simulated by the 
        merchandise;
            ``(2) in the case of merchandise suspected of being 
        imported in violation of section 602 of title 17, United States 
        Code, the owner of the copyright suspected of being infringed 
        by the merchandise;
            ``(3) in the case of merchandise suspected of being 
        primarily designed or produced for the purpose of circumventing 
        a technological measure that effectively controls access to a 
        work protected under that title, and being imported in 
        violation of section 1201(a)(2) of that title, the owner of a 
        copyright in the work; and
            ``(4) in the case of merchandise suspected of being 
        primarily designed or produced for the purpose of circumventing 
        protection afforded by a technological measure that effectively 
        protects a right of an owner of a copyright in a work or a 
        portion of a work, and being imported in violation of section 
        1201(b)(1) of that title, the owner of the copyright.
    ``(c) Limitation.--Subsection (a) applies only with respect to 
merchandise suspected of infringing a trademark or copyright that is 
recorded with U.S. Customs and Border Protection.
    ``(d) Exception.--The Commissioner may not provide under subsection 
(a) information, photographs, or samples to a person described in 
subsection (b) if providing such information, photographs, or samples 
would compromise an ongoing law enforcement investigation or national 
security.''.
    (b) Termination of Previous Authority.--Notwithstanding paragraph 
(2) of section 818(g) of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1496; 10 U.S.C. 2302 
note), paragraph (1) of that section shall have no force or effect on 
or after the date of the enactment of this Act.

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--
            (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; 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, the Committee on Ways and Means of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Committee on Homeland Security of the 
House of Representatives a report that contains the following:
            (1) With respect to the enforcement of intellectual 
        property rights, the following:
                    (A) The number of referrals, during the preceding 
                year, from U.S. Customs and Border Protection to U.S. 
                Immigration and Customs Enforcement relating to 
                infringement of intellectual property rights .
                    (B) The number of investigations relating to the 
                infringement of intellectual property rights referred 
                by U.S. Immigration and Customs Enforcement to a United 
                States attorney for prosecution and the United States 
                attorneys to which those investigations were referred.
                    (C) The number of such investigations accepted by 
                each such United States attorney and the status or 
                outcome of each such investigation.
                    (D) The number of such investigations that resulted 
                in the imposition of civil or criminal penalties.
                    (E) A description of the efforts of U.S. 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 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--PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY 
                                 ORDERS

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Preventing Recurring Trade Evasion 
and Circumvention Act'' or ``PROTECT Act''.

SEC. 402. DEFINITIONS.

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

SEC. 403. APPLICATION TO CANADA AND MEXICO.

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

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

SEC. 411. TRADE REMEDY LAW ENFORCEMENT DIVISION.

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

SEC. 412. COLLECTION OF INFORMATION ON EVASION OF TRADE REMEDY LAWS.

    (a) Authority to Collect Information.--To determine whether covered 
merchandise is being entered into the customs territory of the United 
States through evasion, the Secretary, acting through the 
Commissioner--
            (1) shall exercise all existing authorities to collect 
        information needed to make the determination; and
            (2) may collect such additional information as is necessary 
        to make the determination through such methods as the 
        Commissioner considers appropriate, including by issuing 
        questionnaires with respect to the entry or entries at issue 
        to--
                    (A) a person who filed an allegation with respect 
                to the covered merchandise;
                    (B) a person who is alleged to have entered the 
                covered merchandise into the customs territory of the 
                United States through evasion; or
                    (C) any other person who is determined to have 
                information relevant to the allegation of entry of 
                covered merchandise into the customs territory of the 
                United States through evasion.
    (b) Adverse Inference.--
            (1) In general.--If the Secretary finds that a person who 
        filed an allegation, a person alleged to have entered covered 
        merchandise into the customs territory of the United States 
        through evasion, or a foreign producer or exporter of covered 
        merchandise that is alleged to have entered into the customs 
        territory of the United States through evasion, has failed to 
        cooperate by not acting to the best of the person's ability to 
        comply with a request for information, the Secretary may, in 
        making a determination whether an entry or entries of covered 
        merchandise may constitute merchandise that is entered into the 
        customs territory of the United States through evasion, use an 
        inference that is adverse to the interests of that person in 
        selecting from among the facts otherwise available to determine 
        whether evasion has occurred.
            (2) Adverse inference described.--An adverse inference used 
        under paragraph (1) may include reliance on information derived 
        from--
                    (A) the allegation of evasion of the trade remedy 
                laws, if any, submitted to U.S. Customs and Border 
                Protection;
                    (B) a determination by the Commissioner in another 
                investigation, proceeding, or other action regarding 
                evasion of the unfair trade laws; or
                    (C) any other available information.

SEC. 413. ACCESS TO INFORMATION.

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

SEC. 414. COOPERATION WITH FOREIGN COUNTRIES ON PREVENTING EVASION OF 
              TRADE REMEDY LAWS.

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

SEC. 415. TRADE NEGOTIATING OBJECTIVES.

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

       Subtitle B--Investigation of Evasion of Trade Remedy Laws

SEC. 421. PROCEDURES FOR INVESTIGATION OF EVASION OF ANTIDUMPING AND 
              COUNTERVAILING DUTY ORDERS.

    (a) In General.--Title VII of the Tariff Act of 1930 (19 U.S.C. 
1671 et seq.) is amended by inserting after section 781 the following:

``SEC. 781A. PROCEDURES FOR PREVENTION OF EVASION OF ANTIDUMPING AND 
              COUNTERVAILING DUTY ORDERS.

    ``(a) Definitions.--In this section:
            ``(1) Administering authority.--The term `administering 
        authority' has the meaning given that term in section 771.
            ``(2) Commissioner.--The term `Commissioner' means the 
        Commissioner of U.S. Customs and Border Protection.
            ``(3) Covered merchandise.--The term `covered merchandise' 
        means merchandise that is subject to--
                    ``(A) a countervailing duty order issued under 
                section 706; or
                    ``(B) an antidumping duty order issued under 
                section 736.
            ``(4) Evasion.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `evasion' refers to entering 
                covered merchandise into the customs territory of the 
                United States by means of any document or 
                electronically transmitted data or information, written 
                or oral statement, or act that is material and false, 
                or any omission that is material, and that results in 
                any cash deposit or other security or any amount of 
                applicable antidumping or countervailing duties being 
                reduced or not being applied with respect to the 
                merchandise.
                    ``(B) Exception for clerical error.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term `evasion' does not 
                        include entering covered merchandise into the 
                        customs territory of the United States by means 
                        of--
                                    ``(I) a document or electronically 
                                transmitted data or information, 
                                written or oral statement, or act that 
                                is false as a result of a clerical 
                                error; or
                                    ``(II) an omission that results 
                                from a clerical error.
                            ``(ii) Patterns of negligent conduct.--If 
                        the administering authority determines that a 
                        person has entered covered merchandise into the 
                        customs territory of the United States by means 
                        of a clerical error referred to in subclause 
                        (I) or (II) of clause (i) and that the clerical 
                        error is part of a pattern of negligent conduct 
                        on the part of that person, the administering 
                        authority may determine, notwithstanding clause 
                        (i), that the person has entered such covered 
                        merchandise into the customs territory of the 
                        United States by means of evasion.
                            ``(iii) Electronic repetition of errors.--
                        For purposes of clause (ii), the mere 
                        unintentional repetition by an electronic 
                        system of an initial clerical error does not 
                        constitute a pattern of negligent conduct.
                            ``(iv) Rule of construction.--A 
                        determination by the administering authority 
                        that a person has entered covered merchandise 
                        into the customs territory of the United States 
                        by means of a clerical error referred to in 
                        subclause (I) or (II) of clause (i) rather than 
                        by means of evasion shall not be construed to 
                        excuse that person from the payment of any 
                        duties applicable to the merchandise.
    ``(b) Investigation by Administering Authority.--
            ``(1) Procedures for initiating investigations.--
                    ``(A) Initiation by administering authority.--An 
                investigation under this subsection shall be initiated 
                with respect to merchandise imported into the United 
                States whenever the administering authority determines, 
                from information available to the administering 
                authority, that an investigation is warranted with 
                respect to whether the merchandise is covered 
                merchandise that has entered into the customs territory 
                of the United States by means of evasion.
                    ``(B) Initiation by petition or referral.--
                            ``(i) In general.--The administering 
                        authority shall determine whether to initiate 
                        an investigation under this subparagraph not 
                        later than 30 days after the date on which the 
                        administering authority receives a petition 
                        described in clause (ii) or a referral 
                        described in clause (iii).
                            ``(ii) Petition described.--A petition 
                        described in this clause is a petition that--
                                    ``(I) is filed with the 
                                administering authority by an 
                                interested party specified in 
                                subparagraph (A), (C), (D), (E), (F), 
                                or (G) of section 771(9);
                                    ``(II) alleges that merchandise 
                                imported into the United States is 
                                covered merchandise that has entered 
                                into the customs territory of the 
                                United States by means of evasion; and
                                    ``(III) is accompanied by 
                                information reasonably available to the 
                                petitioner supporting those 
                                allegations.
                            ``(iii) Referral described.--A referral 
                        described in this clause is a referral made by 
                        the Commissioner pursuant to subsection (c)(1).
            ``(2) Time limits for determinations.--
                    ``(A) Preliminary determination.--
                            ``(i) In general.--Not later than 90 days 
                        after the administering authority initiates an 
                        investigation under paragraph (1) with respect 
                        to merchandise, the administering authority 
                        shall issue a preliminary determination, based 
                        on information available to the administering 
                        authority at the time of the determination, 
                        with respect to whether there is a reasonable 
                        basis to believe or suspect that the 
                        merchandise is covered merchandise that has 
                        entered into the customs territory of the 
                        United States by means of evasion.
                            ``(ii) Expedited procedures.--If the 
                        administering authority determines that 
                        expedited action is warranted with respect to 
                        an investigation initiated under paragraph (1), 
                        the administering authority may publish the 
                        notice of initiation of the investigation and 
                        the notice of the preliminary determination in 
                        the Federal Register at the same time.
                    ``(B) Final determination by the administering 
                authority.--Not later than 300 days after the date on 
                which the administering authority initiates an 
                investigation under paragraph (1) with respect to 
                merchandise, the administering authority shall issue a 
                final determination with respect to whether the 
                merchandise is covered merchandise that has entered 
                into the customs territory of the United States by 
                means of evasion.
            ``(3) Access to information.--
                    ``(A) Entry documents, records, and other 
                information.--Not later than 10 days after receiving a 
                request from the administering authority with respect 
                to merchandise that is the subject of an investigation 
                under paragraph (1), the Commissioner shall transmit to 
                the administering authority copies of the documentation 
                and information required by section 484(a)(1) with 
                respect to the entry of the merchandise, as well as any 
                other documentation or information requested by the 
                administering authority.
                    ``(B) Access of interested parties.--Not later than 
                10 business days after the date on which the 
                administering authority initiates an investigation 
                under paragraph (1) with respect to merchandise, the 
                administering authority shall provide to the authorized 
                representative of each interested party that filed a 
                petition under paragraph (1) or otherwise participates 
                in a proceeding, pursuant to a protective order, the 
                copies of the entry documentation and any other 
                information received by the administering authority 
                under subparagraph (A).
                    ``(C) Business proprietary information from prior 
                segments.--If an authorized representative of an 
                interested party participating in an investigation 
                under paragraph (1) has access to business proprietary 
                information released pursuant to an administrative 
                protective order in a proceeding under subtitle A, B, 
                or C of title VII of the Tariff Act of 1930 that is 
                relevant to the investigation conducted under paragraph 
                (1), that authorized representative may submit such 
                information to the administering authority for its 
                consideration in the context of the investigation 
                conducted under paragraph (1).
            ``(4) Authority to collect and verify additional 
        information.--In making a determination under paragraph (2) 
        with respect to covered merchandise, the administering 
        authority may collect such additional information as is 
        necessary to make the determination through such methods as the 
        administering authority considers appropriate, including by--
                    ``(A) issuing a questionnaire with respect to such 
                covered merchandise to--
                            ``(i) a person that filed an allegation 
                        under paragraph (1)(B)(ii) that resulted in the 
                        initiation of an investigation under paragraph 
                        (1)(A) with respect to such covered 
                        merchandise;
                            ``(ii) a person alleged to have entered 
                        such covered merchandise into the customs 
                        territory of the United States by means of 
                        evasion;
                            ``(iii) a person that is a foreign producer 
                        or exporter of such covered merchandise; or
                            ``(iv) the government of a country from 
                        which such covered merchandise was exported;
                    ``(B) conducting verifications, including on-site 
                verifications, of any relevant information; and
                    ``(C) requesting--
                            ``(i) that the Commissioner provide any 
                        information and data available to U.S. Customs 
                        and Border Protection, and
                            ``(ii) that the Commissioner gather 
                        additional necessary information from the 
                        importer of covered merchandise and other 
                        relevant parties.
            ``(5) Adverse inference.--If the administering authority 
        finds that a person described in clause (i), (ii), or (iii) of 
        paragraph (4)(A) has failed to cooperate by not acting to the 
        best of the person's ability to comply with a request for 
        information, the administering authority may, in making a 
        determination under paragraph (2), use an inference that is 
        adverse to the interests of that person in selecting from among 
        the facts otherwise available to make the determination.
            ``(6) Effect of affirmative preliminary determination.--If 
        the administering authority makes a preliminary determination 
        under paragraph (2)(A) that merchandise is covered merchandise 
        that has entered into the customs territory of the United 
        States by means of evasion, the administering authority shall 
        instruct U.S. Customs and Border Protection--
                    ``(A) to suspend liquidation of each entry of the 
                merchandise that--
                            ``(i) enters on or after the date of the 
                        preliminary determination; or
                            ``(ii) enters before that date, if the 
                        liquidation of the entry is not final on that 
                        date; and
                    ``(B) to require the posting of a cash deposit for 
                each entry of the merchandise in an amount determined 
                pursuant to the order, or administrative review 
                conducted under section 751, that applies to the 
                merchandise.
            ``(7) Effect of affirmative final determination.--
                    ``(A) In general.--If the administering authority 
                makes a final determination under paragraph (2)(B) that 
                merchandise is covered merchandise that has entered 
                into the customs territory of the United States by 
                means of evasion, the administering authority shall 
                instruct U.S. Customs and Border Protection--
                            ``(i) to assess duties on the merchandise 
                        in an amount determined pursuant to the order, 
                        or administrative review conducted under 
                        section 751, that applies to the merchandise;
                            ``(ii) notwithstanding section 501, to 
                        reliquidate, in accordance with such order or 
                        administrative review, each entry of the 
                        merchandise that was liquidated and is 
                        determined to include covered merchandise; and
                            ``(iii) to review and reassess the amount 
                        of bond or other security the importer is 
                        required to post for such merchandise entered 
                        on or after the date of the final determination 
                        to ensure the protection of revenue and 
                        compliance with the law.
                    ``(B) Additional authority.--If the administering 
                authority makes a final determination under paragraph 
                (2)(B) that merchandise is covered merchandise that has 
                entered into the customs territory of the United States 
                by means of evasion, the administering authority may 
                instruct U.S. Customs and Border Protection to require 
                the importer of the merchandise to post a cash deposit 
                or bond on such merchandise entered on or after the 
                date of the final determination in an amount the 
                administering authority determines in the final 
                determination to be owed with respect to the 
                merchandise.
            ``(8) Effect of negative final determination.--If the 
        administering authority makes a final determination under 
        paragraph (2)(B) that merchandise is not covered merchandise 
        that has entered into the customs territory of the United 
        States by means of evasion, the administering authority shall 
        terminate the suspension of liquidation and refund any cash 
        deposit imposed pursuant to paragraph (6) with respect to the 
        merchandise.
            ``(9) Notification.--Not later than 5 business days after 
        making a determination under paragraph (2) with respect to 
        covered merchandise, the administering authority may provide to 
        importers, in such manner as the administering authority 
        determines appropriate, information discovered in the 
        investigation that the administering authority determines will 
        help educate importers with respect to importing merchandise 
        into the customs territory of the United States in accordance 
        with all applicable laws and regulations.
            ``(10) Special rule for cases in which the producer or 
        exporter is unknown.--If the administering authority is unable 
        to determine the actual producer or exporter of the merchandise 
        with respect to which the administering authority initiated an 
        investigation under paragraph (1), the administering authority 
        shall, in requiring the posting of a cash deposit under 
        paragraph (6) or assessing duties pursuant to paragraph (7)(A), 
        impose the cash deposit or duties (as the case may be) in the 
        highest amount applicable to any producer or exporter of the 
        merchandise pursuant to any order, or any administrative review 
        conducted under section 751.
            ``(11) Publication of determinations.--The administering 
        authority shall publish in the Federal Register each notice of 
        initiation of an investigation made under paragraph (1)(A), 
        each preliminary determination made under paragraph (2)(A), and 
        each final determination made under paragraph (2)(B).
            ``(12) Referrals to other agencies.--
                    ``(A) After preliminary determination.--
                Notwithstanding section 777 and subject to subparagraph 
                (C), when the administering authority makes an 
                affirmative preliminary determination under paragraph 
                (2)(A), the administering authority shall--
                            ``(i) transmit the administrative record to 
                        the Commissioner for such additional action as 
                        the Commissioner determines appropriate, 
                        including proceedings under section 592; and
                            ``(ii) at the request of the head of 
                        another 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 
                administering authority makes an affirmative final 
                determination under paragraph (2)(B), the administering 
                authority shall--
                            ``(i) transmit the complete administrative 
                        record to the Commissioner; and
                            ``(ii) at the request of the head of 
                        another agency, transmit the complete 
                        administrative record to the head of that 
                        agency.
    ``(c) Referral by U.S. Customs and Border Protection.--In the event 
the Commissioner receives information that a person has entered covered 
merchandise into the customs territory of the United States through 
evasion, but is not able to determine whether the merchandise is in 
fact covered merchandise, the Commissioner shall--
            ``(1) refer the matter to the administering authority for 
        additional proceedings under subsection (b); and
            ``(2) transmit to the administering authority--
                    ``(A) copies of the entry documents and information 
                required by section 484(a)(1) relating to the 
                merchandise; and
                    ``(B) any additional records or information that 
                the Commissioner considers appropriate.
    ``(d) Cooperation Between U.S. Customs and Border Protection and 
the Department of Commerce.--
            ``(1) Notification of investigations.--Upon receiving a 
        petition and upon initiating an investigation under subsection 
        (b), the administering authority shall notify the Commissioner.
            ``(2) Procedures for cooperation.--Not later than 180 days 
        after the date of the enactment of the Trade Facilitation and 
        Trade Enforcement Act of 2015, the Commissioner and the 
        administering authority shall establish procedures to ensure 
        maximum cooperation and communication between U.S. Customs and 
        Border Protection and the administering authority in order to 
        quickly, efficiently, and accurately investigate allegations of 
        evasion of antidumping and countervailing duty orders.
    ``(e) Annual Report on Preventing Evasion of Antidumping and 
Countervailing Duty Orders.--
            ``(1) In general.--Not later than February 28 of each year 
        beginning in 2016, the Under Secretary for International Trade 
        of the Department of Commerce shall submit to the Committee on 
        Finance and the Committee on Appropriations of the Senate and 
        the Committee on Ways and Means and the Committee on 
        Appropriations of the House of Representatives a report on the 
        efforts being taken under subsection (b) to prevent evasion of 
        antidumping and countervailing duty orders.
            ``(2) Contents.--Each report required by paragraph (1) 
        shall include, for the calendar year preceding the submission 
        of the report--
                    ``(A)(i) the number of investigations initiated 
                pursuant to subsection (b); and
                    ``(ii) a description of such investigations, 
                including--
                            ``(I) the results of such investigations; 
                        and
                            ``(II) the amount of antidumping and 
                        countervailing duties collected as a result of 
                        such investigations; and
                    ``(B) the number of referrals made by the 
                Commissioner pursuant to subsection (c).''.
    (b) Technical Amendment.--The table of contents for title VII of 
the Tariff Act of 1930 is amended by inserting after the item relating 
to section 781 the following:

``Sec. 781A. Procedures for prevention of evasion of antidumping and 
                            countervailing duty orders.''.
    (c) Judicial Review.--Section 516A(a)(2) of the Tariff Act of 1930 
(19 U.S.C. 1516a(a)(2)) is amended--
            (1) in subparagraph (A)(i)(I), by striking ``or (viii)'' 
        and inserting ``(viii), or (ix)''; and
            (2) in subparagraph (B), by inserting at the end the 
        following:
                            ``(ix) A determination by the administering 
                        authority under section 781A.''.
    (d) Regulations.--Not later than 180 days after the date of the 
enactment of this Act--
            (1) the Secretary of Commerce shall prescribe such 
        regulations as may be necessary to carry out subsection (b) of 
        section 781A of the Tariff Act of 1930 (as added by subsection 
        (a) of this section); and
            (2) the Commissioner shall prescribe such regulations as 
        may be necessary to carry out subsection (c) of such section 
        781A.
    (e) Effective Date.--The amendments made by this section shall--
            (1) take effect on the date that is 180 days after the date 
        of the enactment of this Act; and
            (2) apply with respect to merchandise entered on or after 
        such date of enactment.

SEC. 422. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

    Not later than 2 years after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committee on Finance and the Committee on Appropriations of the Senate 
and the Committee on Ways and Means and the Committee on Appropriations 
of the House of Representatives a report assessing the effectiveness 
of--
            (1) the provisions of, and amendments made by, this 
        subtitle; and
            (2) the actions taken and procedures developed by the 
        Secretary of Commerce and the Commissioner pursuant to such 
        provisions and amendments to prevent evasion of antidumping and 
        countervailing duty orders under title VII of the Tariff Act of 
        1930 (19 U.S.C. 1671 et seq.).

                       Subtitle C--Other Matters

SEC. 431. ALLOCATION AND TRAINING OF PERSONNEL.

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

SEC. 432. ANNUAL REPORT ON PREVENTION OF EVASION OF ANTIDUMPING AND 
              COUNTERVAILING DUTY ORDERS.

    (a) In General.--Not later than February 28 of each year, beginning 
in 2016, the Commissioner, in consultation with the Secretary of 
Commerce and the Director of 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 identify evasion;
                    (B) the number of allegations of evasion received 
                and the number of allegations of evasion resulting in 
                any administrative, civil, or criminal actions by U.S. 
                Customs and Border Protection or any other agency;
                    (C) a summary of the completed administrative 
                inquiries of evasion, including the number and nature 
                of the inquiries initiated, conducted, or completed, as 
                well as their resolution;
                    (D) with respect to inquiries that lead to issuance 
                of a penalty notice, the penalty amounts;
                    (E) the amounts of antidumping and countervailing 
                duties collected as a result of any 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, identify, and investigate 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, 
                identification, and investigation of evasion; and
            (2) a description of U.S. Customs and Border Protection 
        processes and procedures to prevent and identify evasion, 
        including--
                    (A) the specific guidelines, policies, and 
                practices used by U.S. Customs and Border 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 identify evasion;
                    (D) a description of the development and 
                implementation of policies for the application of 
                single entry and continuous bonds for entries of 
                covered merchandise to sufficiently protect the 
                collection of antidumping and countervailing 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 
                identify 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 identify evasion.

SEC. 433. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS.

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

   TITLE V--IMPROVEMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAWS

SEC. 501. SHORT TITLE.

    This title may be cited as the ``American Trade Enforcement 
Effectiveness Act''.

SEC. 502. CONSEQUENCES OF FAILURE TO COOPERATE WITH A REQUEST FOR 
              INFORMATION IN A PROCEEDING.

    Section 776 of the Tariff Act of 1930 (19 U.S.C. 1677e) is 
amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively, and by 
                moving such subparagraphs, as so redesignated, 2 ems to 
                the right;
                    (B) by striking ``Adverse Inferences.--If'' and 
                inserting the following: ``Adverse Inferences.--
            ``(1) In general.--If'';
                    (C) by striking ``under this title, may use'' and 
                inserting the following: ``under this title--
                    ``(A) may use''; and
                    (D) by striking ``facts otherwise available. Such 
                adverse inference may include'' and inserting the 
                following: ``facts otherwise available; and
                    ``(B) is not required to determine, or make any 
                adjustments to, a countervailable subsidy rate or 
                weighted average dumping margin based on any 
                assumptions about information the interested party 
                would have provided if the interested party had 
                complied with the request for information.
            ``(2) Potential sources of information for adverse 
        inferences.--An adverse inference under paragraph (1)(A) may 
        include'';
            (2) in subsection (c)--
                    (A) by striking ``Corroboration of Secondary 
                Information.--When the'' and inserting the following: 
                ``Corroboration of Secondary Information.--
            ``(1) In general.--Except as provided in paragraph (2), 
        when the''; and
                    (B) by adding at the end the following:
            ``(2) Exception.--The administrative authority and the 
        Commission shall not be required to corroborate any dumping 
        margin or countervailing duty applied in a separate segment of 
        the same proceeding.''; and
            (3) by adding at the end the following:
    ``(d) Subsidy Rates and Dumping Margins in Adverse Inference 
Determinations.--
            ``(1) In general.--If the administering authority uses an 
        inference that is adverse to the interests of a party under 
        subsection (b)(1)(A) in selecting among the facts otherwise 
        available, the administering authority may--
                    ``(A) in the case of a countervailing duty 
                proceeding--
                            ``(i) use a countervailable subsidy rate 
                        applied for the same or similar program in a 
                        countervailing duty proceeding involving the 
                        same country, or
                            ``(ii) if there is no same or similar 
                        program, use a countervailable subsidy rate for 
                        a subsidy program from a proceeding that the 
                        administering authority considers reasonable to 
                        use, and
                    ``(B) in the case of an antidumping duty 
                proceeding, use any dumping margin from any segment of 
                the proceeding under the applicable antidumping order.
            ``(2) Discretion to apply highest rate.--In carrying out 
        paragraph (1), the administering authority may apply any of the 
        countervailable subsidy rates or dumping margins specified 
        under that paragraph, including the highest such rate or 
        margin, based on the evaluation by the administering authority 
        of the situation that resulted in the administering authority 
        using an adverse inference in selecting among the facts 
        otherwise available.
            ``(3) No obligation to make certain estimates or address 
        certain claims.--If the administering authority uses an adverse 
        inference under subsection (b)(1)(A) in selecting among the 
        facts otherwise available, the administering authority is not 
        required, for purposes of subsection (c) or for any other 
        purpose--
                    ``(A) to estimate what the countervailable subsidy 
                rate or dumping margin would have been if the 
                interested party found to have failed to cooperate 
                under subsection (b)(1) had cooperated, or
                    ``(B) to demonstrate that the countervailable 
                subsidy rate or dumping margin used by the 
                administering authority reflects an alleged commercial 
                reality of the interested party.''.

SEC. 503. DEFINITION OF MATERIAL INJURY.

    (a) Effect of Profitability of Domestic Industries.--Section 771(7) 
of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is amended by adding at 
the end the following:
                    ``(J) Effect of profitability.--The Commission may 
                not determine that there is no material injury or 
                threat of material injury to an industry in the United 
                States merely because that industry is profitable or 
                because the performance of that industry has recently 
                improved.''.
    (b) Evaluation of Impact on Domestic Industry in Determination of 
Material Injury.--Subclause (I) of section 771(7)(C)(iii) of the Tariff 
Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) is amended to read as follows:
                                    ``(I) actual and potential decline 
                                in output, sales, market share, gross 
                                profits, operating profits, net 
                                profits, ability to service debt, 
                                productivity, return on investments, 
                                return on assets, and utilization of 
                                capacity,''.
    (c) Captive Production.--Section 771(7)(C)(iv) of the Tariff Act of 
1930 (19 U.S.C. 1677(7)(C)(iv)) is amended--
            (1) in subclause (I), by striking the comma and inserting 
        ``, and'';
            (2) in subclause (II), by striking ``, and'' and inserting 
        a comma; and
            (3) by striking subclause (III).

SEC. 504. PARTICULAR MARKET SITUATION.

    (a) Definition of Ordinary Course of Trade.--Section 771(15) of the 
Tariff Act of 1930 (19 U.S.C. 1677(15)) is amended by adding at the end 
the following:
                    ``(C) Situations in which the administering 
                authority determines that the particular market 
                situation prevents a proper comparison with the export 
                price or constructed export price.''.
    (b) Definition of Normal Value.--Section 773(a)(1)(B)(ii)(III) of 
the Tariff Act of 1930 (19 U.S.C. 1677b(a)(1)(B)(ii)(III)) is amended 
by striking ``in such other country.''.
    (c) Definition of Constructed Value.--Section 773(e) of the Tariff 
Act of 1930 (19 U.S.C. 1677b(e)) is amended--
            (1) in paragraph (1), by striking ``business'' and 
        inserting ``trade''; and
            (2) by striking the flush text at the end and inserting the 
        following:
``For purposes of paragraph (1), if a particular market situation 
exists such that the cost of materials and fabrication or other 
processing of any kind does not accurately reflect the cost of 
production in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or any 
other calculation methodology. For purposes of paragraph (1), the cost 
of materials shall be determined without regard to any internal tax in 
the exporting country imposed on such materials or their disposition 
that is remitted or refunded upon exportation of the subject 
merchandise produced from such materials.''.

SEC. 505. DISTORTION OF PRICES OR COSTS.

    (a) Investigation of Below-cost Sales.--Section 773(b)(2) of the 
Tariff Act of 1930 (19 U.S.C. 1677b(b)(2)) is amended by striking 
subparagraph (A) and inserting the following:
                    ``(A) Reasonable grounds to believe or suspect.--
                            ``(i) Review.--In a review conducted under 
                        section 751 involving a specific exporter, 
                        there are reasonable grounds to believe or 
                        suspect that sales of the foreign like product 
                        have been made at prices that are less than the 
                        cost of production of the product if the 
                        administering authority disregarded some or all 
                        of the exporter's sales pursuant to paragraph 
                        (1) in the investigation or, if a review has 
                        been completed, in the most recently completed 
                        review.
                            ``(ii) Requests for information.--In an 
                        investigation initiated under section 732 or a 
                        review conducted under section 751, the 
                        administering authority shall request 
                        information necessary to calculate the 
                        constructed value and cost of production under 
                        subsections (e) and (f) to determine whether 
                        there are reasonable grounds to believe or 
                        suspect that sales of the foreign like product 
                        have been made at prices that represent less 
                        than the cost of production of the product.''.
    (b) Prices and Costs in Nonmarket Economies.--Section 773(c) of the 
Tariff Act of 1930 (19 U.S.C. 1677b(c)) is amended by adding at the end 
the following:
            ``(5) Discretion to disregard certain price or cost 
        values.--In valuing the factors of production under paragraph 
        (1) for the subject merchandise, the administering authority 
        may disregard price or cost values without further 
        investigation if the administering authority has determined 
        that broadly available export subsidies existed or particular 
        instances of subsidization occurred with respect to those price 
        or cost values or if those price or cost values were subject to 
        an antidumping order.''.

SEC. 506. REDUCTION IN BURDEN ON DEPARTMENT OF COMMERCE BY REDUCING THE 
              NUMBER OF VOLUNTARY RESPONDENTS.

    Section 782(a) of the Tariff Act of 1930 (19 U.S.C. 1677m(a)) is 
amended--
            (1) in paragraph (1), by redesignating subparagraphs (A) 
        and (B) as clauses (i) and (ii), respectively, and by moving 
        such clauses, as so redesignated, 2 ems to the right;
            (2) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and by moving such 
        subparagraphs, as so redesignated, 2 ems to the right;
            (3) by striking ``Investigations and Reviews.--In'' and 
        inserting the following: ``Investigations and Reviews.--
            ``(1) In general.--In'';
            (4) in paragraph (1), as designated by paragraph (3), by 
        amending subparagraph (B), as redesignated by paragraph (2), to 
        read as follows:
                    ``(B) the number of exporters or producers subject 
                to the investigation or review is not so large that any 
                additional individual examination of such exporters or 
                producers would be unduly burdensome to the 
                administering authority and inhibit the timely 
                completion of the investigation or review.''; and
            (5) by adding at the end the following:
            ``(2) Determination of unduly burdensome.--In determining 
        if an individual examination under paragraph (1)(B) would be 
        unduly burdensome, the administering authority may consider the 
        following:
                    ``(A) The complexity of the issues or information 
                presented in the proceeding, including questionnaires 
                and any responses thereto.
                    ``(B) Any prior experience of the administering 
                authority in the same or similar proceeding.
                    ``(C) The total number of investigations under 
                subtitle A or B and reviews under section 751 being 
                conducted by the administering authority as of the date 
                of the determination.
                    ``(D) Such other factors relating to the timely 
                completion of each such investigation and review as the 
                administering authority considers appropriate.''.

SEC. 507. APPLICATION TO CANADA AND MEXICO.

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

              TITLE VI--ADDITIONAL ENFORCEMENT PROVISIONS

SEC. 601. TRADE ENFORCEMENT PRIORITIES.

    (a) In General.--Section 310 of the Trade Act of 1974 (19 U.S.C. 
2420) is amended to read as follows:

``SEC. 310. TRADE ENFORCEMENT PRIORITIES.

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

``Sec. 310. Trade enforcement priorities.''.

SEC. 602. EXERCISE OF WTO AUTHORIZATION TO SUSPEND CONCESSIONS OR OTHER 
              OBLIGATIONS UNDER TRADE AGREEMENTS.

    (a) In General.--Section 306 of the Trade Act of 1974 (19 U.S.C. 
2416) is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following:
    ``(c) Exercise of WTO Authorization to Suspend Concessions or Other 
Obligations.--If--
            ``(1) action has terminated pursuant to section 307(c),
            ``(2) the petitioner or any representative of the domestic 
        industry that would benefit from reinstatement of action has 
        submitted to the Trade Representative a written request for 
        reinstatement of action, and
            ``(3) the Trade Representatives has completed the 
        requirements of subsection (d) and section 307(c)(3),
the Trade Representative may at any time determine to take action under 
section 301(c) to exercise an authorization to suspend concessions or 
other obligations under Article 22 of the Understanding on Rules and 
Procedures Governing the Settlement of Disputes (referred to in section 
101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 
3511(d)(16))).''.
    (b) Conforming Amendments.--Chapter 1 of title III of the Trade Act 
of 1974 (19 U.S.C. 2411 et seq.) is amended--
            (1) in section 301(c)(1) (19 U.S.C. 2411(c)(1)), in the 
        matter preceding subparagraph (A), by inserting ``or section 
        306(c)'' after ``subsection (a) or (b)'';
            (2) in section 306(b) (19 U.S.C. 2416(b)), in the 
        subsection heading, by striking ``Further Action'' and 
        inserting ``Action on the Basis of Monitoring'';
            (3) in section 306(d) (19 U.S.C. 2416(d)), as redesignated 
        by subsection (a)(1), by inserting ``or (c)'' after 
        ``subsection (b)''; and
            (4) in section 307(c)(3) (19 U.S.C. 2417(c)(3)), by 
        inserting ``or if a request is submitted to the Trade 
        Representative under section 306(c)(2) to reinstate action,'' 
        after ``under section 301,''.

SEC. 603. TRADE MONITORING.

    (a) In General.--Chapter 1 of title II of the Trade Act of 1974 (19 
U.S.C. 2251 et seq.) is amended by adding at the end the following:

``SEC. 205. TRADE MONITORING.

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

``Sec. 205. Trade monitoring.''.

                    TITLE VII--CURRENCY MANIPULATION

SEC. 701. ENHANCEMENT OF ENGAGEMENT ON CURRENCY EXCHANGE RATE AND 
              ECONOMIC POLICIES WITH CERTAIN MAJOR TRADING PARTNERS OF 
              THE UNITED STATES.

    (a) Major Trading Partner Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and not less frequently than once 
        every 180 days thereafter, the Secretary shall submit to the 
        appropriate committees of Congress a report on the 
        macroeconomic and currency exchange rate policies of each 
        country that is a major trading partner of the United States.
            (2) Elements.--
                    (A) In general.--Each report submitted under 
                paragraph (1) shall contain--
                            (i) for each country that is a major 
                        trading partner of the United States--
                                    (I) that country's bilateral trade 
                                balance with the United States;
                                    (II) that country's current account 
                                balance as a percentage of its gross 
                                domestic product;
                                    (III) the change in that country's 
                                current account balance as a percentage 
                                of its gross domestic product during 
                                the 3-year period preceding the 
                                submission of the report;
                                    (IV) that country's foreign 
                                exchange reserves as a percentage of 
                                its short-term debt; and
                                    (V) that country's foreign exchange 
                                reserves as a percentage of its gross 
                                domestic product; and
                            (ii) an enhanced analysis of macroeconomic 
                        and exchange rate policies for each country 
                        that is a major trading partner of the United 
                        States that has--
                                    (I) a significant bilateral trade 
                                surplus with the United States;
                                    (II) a material current account 
                                surplus; and
                                    (III) engaged in persistent one-
                                sided intervention in the foreign 
                                exchange market.
                    (B) Enhanced analysis.--Each enhanced analysis 
                under subparagraph (A)(ii) shall include, for each 
                country with respect to which an analysis is made under 
                that subparagraph--
                            (i) a description of developments in the 
                        currency markets of that country, including, to 
                        the greatest extent feasible, developments with 
                        respect to currency interventions;
                            (ii) a description of trends in the real 
                        effective exchange rate of the currency of that 
                        country and in the degree of undervaluation of 
                        that currency;
                            (iii) an analysis of changes in the capital 
                        controls and trade restrictions of that 
                        country;
                            (iv) patterns in the reserve accumulation 
                        of that country; and
                            (v) an analysis of the macroeconomic policy 
                        mix of that country and its pattern of savings-
                        investment imbalances.
            (3) Guidance.--The Secretary shall publicly issue guidance 
        not later than 90 days after the date of enactment of the Act 
        that describes the factors used to assess under paragraph 
        (2)(A)(ii) whether a country has a significant bilateral trade 
        surplus with the United States, has a material current account 
        surplus, and has engaged in persistent one-sided intervention 
        in the foreign exchange market.
    (b) Engagement on Exchange Rate and Economic Policies.--
            (1) In general.--The President, through the Secretary, 
        shall commence enhanced bilateral engagement with each country 
        for which an enhanced analysis of macroeconomic and currency 
        exchange rate policies is included in the report submitted 
        under subsection (a), in order to, as appropriate--
                    (A) urge implementation of policies to address the 
                causes of the undervaluation of its currency, its 
                bilateral trade surplus with the United States, and its 
                material current account surplus, including 
                undervaluation and surpluses relating to exchange rate 
                management;
                    (B) express the concern of the United States with 
                respect to the adverse trade and economic effects of 
                that undervaluation and those surpluses; and/or
                    (C) advise that country of the ability of the 
                President to take action under subsection (c).
            (2) Waiver.--
                    (A) In general.--The Secretary may waive the 
                requirement under subsection (b)(1) to commence 
                enhanced bilateral engagement with a country if the 
                Secretary determines that commencing enhanced bilateral 
                engagement with the country--
                            (i) would have an adverse impact on the 
                        United States economy greater than the benefits 
                        of such action; or
                            (ii) would cause serious harm to the 
                        national security of the United States.
                    (B) Certification.--The Secretary shall promptly 
                certify to Congress a determination under subparagraph 
                (A).
    (c) Remedial Action.--
            (1) In general.--If, on or after the date that is one year 
        after the commencement of enhanced bilateral engagement by the 
        President, through the Secretary, with respect to a country 
        under subsection (b)(1), the Secretary determines that the 
        country has failed to adopt appropriate policies to correct the 
        undervaluation and surpluses described in subsection (b)(1)(A) 
        with respect to that country, the President shall take one or 
        more of the following actions:
                    (A) Prohibit the Overseas Private Investment 
                Corporation from approving any new financing (including 
                any insurance, reinsurance, or guarantee) with respect 
                to a project located in that country on and after such 
                date.
                    (B) Except as provided in paragraph (2), and 
                pursuant to paragraph (3), prohibit the Federal 
                Government from procuring, or entering into any 
                contract for the procurement of, goods or services from 
                that country on and after such date.
                    (C) Instruct the United States Executive Director 
                of the International Monetary Fund to call for 
                additional rigorous surveillance of the macroeconomic 
                and exchange rate policies of that country and, as 
                appropriate, formal consultations on findings of 
                currency manipulation.
                    (D) Instruct the United States Trade Representative 
                to take into account, in consultation with the 
                Secretary, in assessing whether to enter into a 
                bilateral or regional trade agreement with that country 
                or to initiate or participate in negotiations with 
                respect to a bilateral or regional trade agreement with 
                that country, the extent to which that country has 
                failed to adopt appropriate policies to correct the 
                undervaluation and surpluses described in subsection 
                (b)(1)(A).
            (2) Waiver.--
                    (A) In general.--The President may waive the 
                requirement under paragraph (1) to take remedial action 
                if the President determines that taking remedial action 
                under paragraph (1) would--
                            (i) have an adverse impact on the United 
                        States economy greater than the benefits of 
                        taking remedial action; or
                            (ii) would cause serious harm to the 
                        national security of the United States.
                    (B) Certification.--The President shall promptly 
                certify to Congress a determination under subparagraph 
                (A).
            (3) Exception.--The President may not apply a prohibition 
        under paragraph (1)(B) in a manner that is inconsistent with 
        United States obligations under international agreements.
            (4) Consultations.--
                    (A) Office of management and budget.--Before 
                applying a prohibition under paragraph (1)(B), the 
                President shall consult with the Director of the Office 
                of Management and Budget to determine whether such 
                prohibition would subject the taxpayers of the United 
                States to unreasonable cost.
                    (B) Congress.--The President shall consult with the 
                appropriate committees of Congress with respect to any 
                action the President takes under paragraph (1)(B), 
                including whether the President has consulted as 
                required under subparagraph (A).
    (d) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs and the Committee on Finance of the Senate; and
                    (B) the Committee on Financial Services and the 
                Committee on Ways and Means of the House of 
                Representatives.
            (2) Country.--The term ``country'' means a foreign country, 
        dependent territory, or possession of a foreign country, and 
        may include an association of 2 or more foreign countries, 
        dependent territories, or possessions of countries into a 
        customs union outside the United States.
            (3) Real effective exchange rate.--The term ``real 
        effective exchange rate'' means a weighted average of bilateral 
        exchange rates, expressed in price-adjusted terms.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.

SEC. 702. ADVISORY COMMITTEE ON INTERNATIONAL EXCHANGE RATE POLICY.

    (a) Establishment.--
            (1) In general.--There is established an Advisory Committee 
        on International Exchange Rate Policy (in this section referred 
        to as the ``Committee'').
            (2) Duties.--The Committee shall be responsible for 
        advising the Secretary of the Treasury with respect to the 
        impact of international exchange rates and financial policies 
        on the economy of the United States.
    (b) Membership.--
            (1) In general.--The Committee shall be composed of 9 
        members as follows, none of whom shall be employees of the 
        Federal Government:
                    (A) Three members shall be appointed by the 
                President pro tempore of the Senate, upon the 
                recommendation of the chairmen and ranking members of 
                the Committee on Banking, Housing, and Urban Affairs 
                and the Committee on Finance of the Senate.
                    (B) Three members shall be appointed by the Speaker 
                of the House of Representatives upon the recommendation 
                of the chairmen and ranking members of the Committee on 
                Financial Services and the Committee on Ways and Means 
                of the House of Representatives.
                    (C) Three members shall be appointed by the 
                President.
            (2) Qualifications.--Members shall be selected under 
        paragraph (1) on the basis of their objectivity and 
        demonstrated expertise in finance, economics, or currency 
        exchange.
            (3) Terms.--
                    (A) In general.--Members shall be appointed for a 
                term of 2 years or until the Committee terminates.
                    (B) Reappointment.--A member may be reappointed to 
                the Committee for additional terms.
            (4) Vacancies.--Any vacancy in the Committee shall not 
        affect its powers, but shall be filled in the same manner as 
        the original appointment.
    (c) Duration of Committee.--
            (1) In general.--The Committee shall terminate on the date 
        that is 2 years after the date of the enactment of this Act 
        unless renewed by the President for a subsequent 2-year period.
            (2) Continued renewal.--The President may continue to renew 
        the Committee for successive 2-year periods by taking 
        appropriate action to renew the Committee prior to the date on 
        which the Committee would otherwise terminate.
    (d) Meetings.--The Committee shall hold not less than 2 meetings 
each calendar year.
    (e) Chairperson.--
            (1) In general.--The Committee shall elect from among its 
        members a chairperson for a term of 2 years or until the 
        Committee terminates.
            (2) Reelection; subsequent terms.--A chairperson of the 
        Committee may be reelected chairperson but is ineligible to 
        serve consecutive terms as chairperson.
    (f) Staff.--The Secretary of the Treasury shall make available to 
the Committee such staff, information, personnel, administrative 
services, and assistance as the Committee may reasonably require to 
carry out the activities of the Committee.
    (g) Application of the Federal Advisory Committee Act.--
            (1) In general.--Except as provided in paragraph (2), the 
        provisions of the Federal Advisory Committee Act (5 U.S.C. 
        App.) shall apply to the Committee.
            (2) Exception.--Meetings of the Committee shall be exempt 
        from the requirements of subsections (a) and (b) of section 10 
        and section 11 of the Federal Advisory Committee Act (relating 
        to open meetings, public notice, public participation, and 
        public availability of documents), whenever and to the extent 
        it is determined by the President or the Secretary of the 
        Treasury that such meetings will be concerned with matters the 
        disclosure of which--
                    (A) would seriously compromise the development by 
                the Government of the United States of monetary or 
                financial policy; or
                    (B) is likely to--
                            (i) lead to significant financial 
                        speculation in currencies, securities, or 
                        commodities; or
                            (ii) significantly endanger the stability 
                        of any financial institution.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of the Treasury for each fiscal year in 
which the Committee is in effect $1,000,000 to carry out this section.

    TITLE VIII--ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION

SEC. 801. SHORT TITLE.

    This title may be cited as the ``U.S. Customs and Border Protection 
Authorization Act''.

SEC. 802. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION.

    (a) In General.--Section 411 of the Homeland Security Act of 2002 
(6 U.S.C. 211) is amended to read as follows:

``SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION; 
              COMMISSIONER, DEPUTY COMMISSIONER, AND OPERATIONAL 
              OFFICES.

    ``(a) In General.--There is established in the Department an agency 
to be known as U.S. Customs and Border Protection.
    ``(b) Commissioner of U.S. Customs and Border Protection.--There 
shall be at the head of U.S. Customs and Border Protection a 
Commissioner of U.S. Customs and Border Protection (in this section 
referred to as the `Commissioner'), who shall be appointed by the 
President, by and with the advice and consent of the Senate.
    ``(c) Duties.--The Commissioner shall--
            ``(1) ensure the interdiction of persons and goods 
        illegally entering or exiting the United States;
            ``(2) facilitate and expedite the flow of legitimate 
        travelers and trade;
            ``(3) detect, respond to, and interdict terrorists, drug 
        smugglers and traffickers, human smugglers and traffickers, and 
        other persons who may undermine the security of the United 
        States, in cases in which such persons are entering, or have 
        recently entered, the United States;
            ``(4) safeguard the borders of the United States to protect 
        against the entry of dangerous goods;
            ``(5) oversee the functions of the Office of Trade 
        established under section 802(h) of the Trade Facilitation and 
        Trade Enforcement Act of 2015;
            ``(6) enforce and administer all customs laws of the United 
        States, including the Tariff Act of 1930;
            ``(7) enforce and administer all immigration laws, as such 
        term is defined in paragraph (17) of section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)), as 
        necessary for the inspection, processing, and admission of 
        persons who seek to enter or depart the United States, and as 
        necessary to ensure the detection, interdiction, removal, 
        departure from the United States, short-term detention, and 
        transfer of persons unlawfully entering, or who have recently 
        unlawfully entered, the United States, in coordination with 
        U.S. Immigration and Customs Enforcement and United States 
        Citizenship and Immigration Services;
            ``(8) develop and implement screening and targeting 
        capabilities, including the screening, reviewing, identifying, 
        and prioritizing of passengers and cargo across all 
        international modes of transportation, both inbound and 
        outbound;
            ``(9) in coordination with the Secretary, deploy technology 
        to collect the data necessary for the Secretary to administer 
        the biometric entry and exit data system pursuant to section 
        7208 of the Intelligence Reform and Terrorism Prevention Act of 
        2004 (8 U.S.C. 1365b);
            ``(10) enforce and administer the laws relating to 
        agricultural import and entry inspection referred to in section 
        421;
            ``(11) in coordination with the Under Secretary for 
        Management of the Department, ensure U.S. Customs and Border 
        Protection complies with Federal law, the Federal Acquisition 
        Regulation, and the Department's acquisition management 
        directives for major acquisition programs of U.S. Customs and 
        Border Protection;
            ``(12) enforce and administer--
                    ``(A) the Container Security Initiative program 
                under section 205 of the Security and Accountability 
                for Every Port Act of 2006 (6 U.S.C. 945; Public Law 
                109-347); and
                    ``(B) the Customs-Trade Partnership Against 
                Terrorism program under sections 211 through 223 of 
                such Act (6 U.S.C. 961-973);
            ``(13) conduct polygraph examinations in accordance with 
        section 3(1) of the Anti-Border Corruption Act of 2010 (Public 
        Law 111-376);
            ``(14) establish the standard operating procedures 
        described in subsection (k);
            ``(15) carry out the training required under subsection 
        (l); and
            ``(16) carry out other duties and powers prescribed by law 
        or delegated by the Secretary.
    ``(d) Deputy Commissioner.--There shall be in U.S. Customs and 
Border Protection a Deputy Commissioner who shall assist the 
Commissioner in the management of U.S. Customs and Border Protection.
    ``(e) U.S. Border Patrol.--
            ``(1) In general.--There is established in U.S. Customs and 
        Border Protection the U.S. Border Patrol.
            ``(2) Chief.--There shall be at the head of the U.S. Border 
        Patrol a Chief, who shall report to the Commissioner.
            ``(3) Duties.--The U.S. Border Patrol shall--
                    ``(A) serve as the law enforcement office of U.S. 
                Customs and Border Protection with primary 
                responsibility for interdicting persons attempting to 
                illegally enter or exit the United States or goods 
                being illegally imported into or exported from the 
                United States at a place other than a designated port 
                of entry;
                    ``(B) deter and prevent illegal entry of 
                terrorists, terrorist weapons, persons, and contraband; 
                and
                    ``(C) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(f) Office of Air and Marine Operations.--
            ``(1) In general.--There is established in U.S. Customs and 
        Border Protection an Office of Air and Marine Operations.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of Air and Marine Operations an Assistant 
        Commissioner, who shall report to the Commissioner.
            ``(3) Duties.--The Office of Air and Marine Operations 
        shall--
                    ``(A) serve as the law enforcement office within 
                U.S. Customs and Border Protection with primary 
                responsibility to detect, interdict, and prevent acts 
                of terrorism and the unlawful movement of people, 
                illicit drugs, and other contraband across the borders 
                of the United States in the air and maritime 
                environment;
                    ``(B) conduct joint aviation and marine operations 
                with U.S. Immigration and Customs Enforcement;
                    ``(C) conduct aviation and marine operations with 
                international, Federal, State, and local law 
                enforcement agencies, as appropriate;
                    ``(D) administer the Air and Marine Operations 
                Center established under paragraph (4); and
                    ``(E) carry out other duties and powers prescribed 
                by the Commissioner.
            ``(4) Air and marine operations center.--
                    ``(A) In general.--There is established in the 
                Office of Air and Marine Operations an Air and Marine 
                Operations Center.
                    ``(B) Executive director.--There shall be at the 
                head of the Air and Marine Operations Center an 
                Executive Director, who shall report to the Assistant 
                Commissioner of the Office of Air and Marine 
                Operations.
                    ``(C) Duties.--The Air and Marine Operations Center 
                shall--
                            ``(i) manage the air and maritime domain 
                        awareness of the Department;
                            ``(ii) monitor and coordinate the airspace 
                        for Unmanned Aerial Systems operations of the 
                        Office of Air and Marine Operations in U.S. 
                        Customs and Border Protection;
                            ``(iii) detect, identify, and coordinate a 
                        response to threats to national security in the 
                        air domain;
                            ``(iv) provide aviation and marine support 
                        to other Federal, State, tribal, and local 
                        agencies; and
                            ``(v) carry out other duties and powers 
                        prescribed by the Assistant Commissioner.
    ``(g) Office of Field Operations.--
            ``(1) In general.--There is established in U.S. Customs and 
        Border Protection an Office of Field Operations.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of Field Operations an Assistant Commissioner, 
        who shall report to the Commissioner.
            ``(3) Duties.--The Office of Field Operations shall 
        coordinate the enforcement activities of U.S. Customs and 
        Border Protection at United States air, land, and sea ports of 
        entry to--
                    ``(A) deter and prevent terrorists and terrorist 
                weapons from entering the United States at such ports 
                of entry;
                    ``(B) conduct inspections at such ports of entry to 
                safeguard the United States from terrorism and illegal 
                entry of persons;
                    ``(C) prevent illicit drugs, agricultural pests, 
                and contraband from entering the United States;
                    ``(D) in coordination with the Commissioner, 
                facilitate and expedite the flow of legitimate 
                travelers and trade;
                    ``(E) administer the National Targeting Center 
                established under paragraph (4); and
                    ``(F) carry out other duties and powers prescribed 
                by the Commissioner.
            ``(4) National targeting center.--
                    ``(A) In general.--There is established in the 
                Office of Field Operations a National Targeting Center.
                    ``(B) Executive director.--There shall be at the 
                head of the National Targeting Center an Executive 
                Director, who shall report to the Assistant 
                Commissioner of the Office of Field Operations.
                    ``(C) Duties.--The National Targeting Center 
                shall--
                            ``(i) serve as the primary forum for 
                        targeting operations within U.S. Customs and 
                        Border Protection to collect and analyze 
                        traveler and cargo information in advance of 
                        arrival in the United States;
                            ``(ii) identify, review, and target 
                        travelers and cargo for examination;
                            ``(iii) coordinate the examination of entry 
                        and exit of travelers and cargo;
                            ``(iv) develop and conduct commercial risk 
                        assessment targeting with respect to cargo 
                        destined for the United States;
                            ``(v) issue Trade Alerts pursuant to 
                        section 111 of the Trade Facilitation and Trade 
                        Enforcement Act of 2015; and
                            ``(vi) carry out other duties and powers 
                        prescribed by the Assistant Commissioner.
            ``(5) Annual report on staffing.--Not later than 30 days 
        after the date of the enactment of the Trade Facilitation and 
        Trade Enforcement Act of 2015 and annually thereafter, the 
        Assistant Commissioner shall submit to the appropriate 
        congressional committees a report on the staffing model for the 
        Office of Field Operations, including information on how many 
        supervisors, front-line U.S. Customs and Border Protection 
        officers, and support personnel are assigned to each Field 
        Office and port of entry.
    ``(h) Office of Intelligence.--
            ``(1) In general.--There is established in U.S. Customs and 
        Border Protection an Office of Intelligence.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of Intelligence an Assistant Commissioner, who 
        shall report to the Commissioner.
            ``(3) Duties.--The Office of Intelligence shall--
                    ``(A) develop, provide, coordinate, and implement 
                intelligence capabilities into a cohesive intelligence 
                enterprise to support the execution of the duties and 
                responsibilities of U.S. Customs and Border Protection;
                    ``(B) collect and analyze advance traveler and 
                cargo information;
                    ``(C) establish, in coordination with the Chief 
                Intelligence Officer of the Department, as appropriate, 
                intelligence-sharing relationships with Federal, State, 
                local, and tribal agencies and intelligence agencies;
                    ``(D) conduct risk-based covert testing of U.S. 
                Customs and Border Protection operations, including for 
                nuclear and radiological risks; and
                    ``(E) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(i) Office of International Affairs.--
            ``(1) In general.--There is established in U.S. Customs and 
        Border Protection an Office of International Affairs.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of International Affairs an Assistant 
        Commissioner, who shall report to the Commissioner.
            ``(3) Duties.--The Office of International Affairs, in 
        collaboration with the Office of Policy of the Department, 
        shall--
                    ``(A) coordinate and support U.S. Customs and 
                Border Protection's foreign initiatives, policies, 
                programs, and activities;
                    ``(B) coordinate and support U.S. Customs and 
                Border Protection's personnel stationed abroad;
                    ``(C) maintain partnerships and information sharing 
                agreements and arrangements with foreign governments, 
                international organizations, and United States agencies 
                in support of U.S. Customs and Border Protection duties 
                and responsibilities;
                    ``(D) provide necessary capacity building, 
                training, and assistance to foreign border control 
                agencies to strengthen global supply chain and travel 
                security, as appropriate;
                    ``(E) coordinate mission support services to 
                sustain U.S. Customs and Border Protection's global 
                activities;
                    ``(F) coordinate U.S. Customs and Border 
                Protection's engagement in international negotiations; 
                and
                    ``(G) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(j) Office of Internal Affairs.--
            ``(1) In general.--There is established in U.S. Customs and 
        Border Protection an Office of Internal Affairs.
            ``(2) Assistant commissioner.--There shall be at the head 
        of the Office of Internal Affairs an Assistant Commissioner, 
        who shall report to the Commissioner.
            ``(3) Duties.--The Office of Internal Affairs shall--
                    ``(A) investigate criminal and administrative 
                matters and misconduct by officers, agents, and other 
                employees of U.S. Customs and Border Protection;
                    ``(B) perform investigations of applicants for 
                employment with U.S. Customs and Border Protection and 
                periodic reinvestigations (in accordance with section 
                3001 of the Intelligence Reform and Terrorism 
                Prevention Act of 2004 (50 U.S.C. 3341; Public Law 108-
                458)) of officers, agents, and other employees of 
                United States Custom and Border Protection, including 
                investigations to determine suitability for employment 
                and eligibility for access to classified information;
                    ``(C) manage integrity of U.S. Customs and Border 
                Protection's counter-intelligence operations, including 
                conduct of counter-intelligence investigations;
                    ``(D) conduct research and analysis regarding 
                misconduct of officers, agents, and other employees of 
                U.S. Customs and Border Protection; and
                    ``(E) carry out other duties and powers prescribed 
                by the Commissioner.
    ``(k) Standard Operating Procedures.--
            ``(1) In general.--The Commissioner shall establish--
                    ``(A) standard operating procedures for searching, 
                reviewing, retaining, and sharing information contained 
                in communication, electronic, or digital devices 
                encountered by U.S. Customs and Border Protection 
                personnel at United States ports of entry;
                    ``(B) standard use of force procedures that 
                officers and agents of U.S. Customs and Border 
                Protection may employ in the execution of their duties, 
                including the use of deadly force;
                    ``(C) a uniform, standardized, and publically-
                available procedure for processing and investigating 
                complaints against officers, agents, and employees of 
                U.S. Customs and Border Protection for violations of 
                professional conduct, including the timely disposition 
                of complaints and a written notification to the 
                complainant of the status or outcome, as appropriate, 
                of the related investigation, in accordance with 
                section 552a of title 5, United States Code (commonly 
                referred to as the `Privacy Act' or the `Privacy Act of 
                1974');
                    ``(D) an internal, uniform reporting mechanism 
                regarding incidents involving the use of deadly force 
                by an officer or agent of U.S. Customs and Border 
                Protection, including an evaluation of the degree to 
                which the procedures required under subparagraph (B) 
                were followed; and
                    ``(E) standard operating procedures, acting through 
                the Assistant Commissioner for Air and Marine 
                Operations and in coordination with the Office for 
                Civil Rights and Civil Liberties and the Office of 
                Privacy of the Department, to provide command, control, 
                communication, surveillance, and reconnaissance 
                assistance through the use of unmanned aerial systems, 
                including the establishment of--
                            ``(i) a process for other Federal, State, 
                        and local law enforcement agencies to submit 
                        mission requests;
                            ``(ii) a formal procedure to determine 
                        whether to approve or deny such a mission 
                        request;
                            ``(iii) a formal procedure to determine how 
                        such mission requests are prioritized and 
                        coordinated; and
                            ``(iv) a process regarding the protection 
                        and privacy of data and images collected by 
                        U.S. Customs and Border Protection through the 
                        use of unmanned aerial systems.
            ``(2) Requirements regarding certain notifications.--The 
        standard operating procedures established pursuant to 
        subparagraph (A) of paragraph (1) shall require--
                    ``(A) in the case of a search of information 
                conducted on an electronic device by U.S. Customs and 
                Border Protection personnel, the Commissioner to notify 
                the individual subject to such search of the purpose 
                and authority for such search, and how such individual 
                may obtain information on reporting concerns about such 
                search; and
                    ``(B) in the case of information collected by U.S. 
                Customs and Border Protection through a search of an 
                electronic device, if such information is transmitted 
                to another Federal agency for subject matter 
                assistance, translation, or decryption, the 
                Commissioner to notify the individual subject to such 
                search of such transmission.
            ``(3) Exceptions.--
                    ``(A) In general.--The Commissioner may withhold 
                the notifications required under paragraphs (1)(C) and 
                (2) if the Commissioner determines that such 
                notifications would impair national security, law 
                enforcement, or other operational interests.
                    ``(B) Terrorist watch lists.--
                            ``(i) Searches.--If the individual subject 
                        to search of an electronic device pursuant to 
                        subparagraph (A) of paragraph (1) is included 
                        on a Government-operated or Government-
                        maintained terrorist watch list, the 
                        notifications required under paragraph (2) 
                        shall not apply.
                            ``(ii) Complaints.--If the complainant 
                        using the process established under 
                        subparagraph (C) of paragraph (1) is included 
                        on a Government-operated or Government-
                        maintained terrorist watch list, the 
                        notification required under such subparagraph 
                        shall not apply.
            ``(4) Update and review.--The Commissioner shall review and 
        update every three years the standard operating procedures 
        required under this subsection.
            ``(5) Audits.--The Inspector General of the Department of 
        Homeland Security shall develop and annually administer an 
        auditing mechanism to review whether searches of electronic 
        devices at or between United States ports of entry are being 
        conducted in conformity with the standard operating procedures 
        required under subparagraph (A) of paragraph (1). Such audits 
        shall be submitted to the appropriate congressional committees 
        and shall include the following:
                    ``(A) A description of the activities of officers 
                and agents of U.S. Customs and Border Protection with 
                respect to such searches.
                    ``(B) The number of such searches.
                    ``(C) The number of instances in which information 
                contained in such devices that were subjected to such 
                searches was retained, copied, shared, or entered in an 
                electronic database.
                    ``(D) The number of such devices detained as the 
                result of such searches.
                    ``(E) The number of instances in which information 
                collected from such device was subjected to such 
                searches was transmitted to another Federal agency, 
                including whether such transmission resulted in a 
                prosecution or conviction.
            ``(6) Requirements regarding other notifications.--The 
        standard operating procedures established pursuant to 
        subparagraph (B) of paragraph (1) shall require--
                    ``(A) in the case of an incident of the use of 
                deadly force by U.S. Customs and Border Protection 
                personnel, the Commissioner to notify the appropriate 
                congressional committees; and
                    ``(B) the Commissioner to provide to such 
                committees a copy of the evaluation pursuant to 
                subparagraph (D) of such paragraph not later than 30 
                days after completion of such evaluation.
            ``(7) Report on unmanned aerial systems.--The Commissioner 
        shall submit to the appropriate congressional committees an 
        annual report that reviews whether the use of unmanned aerial 
        systems are being conducted in conformity with the standard 
        operating procedures required under subparagraph (E) of 
        paragraph (1). Such reports--
                    ``(A) shall be submitted with the President's 
                annual budget;
                    ``(B) may be submitted in classified form if the 
                Commissioner determines that such is appropriate, and
                    ``(C) shall include--
                            ``(i) a detailed description of how, where, 
                        and for how long data and images collected 
                        through the use of unmanned aerial systems by 
                        U.S. Customs and Border Protection is collected 
                        and stored; and
                            ``(ii) a list of Federal, State, and local 
                        law enforcement agencies that submitted mission 
                        requests in the previous year and the 
                        disposition of such requests.
    ``(l) Training.--The Commissioner shall require all officers and 
agents of U.S. Customs and Border Protection to participate in a 
specified amount of continuing education (to be determined by the 
Commissioner) to maintain an understanding of Federal legal rulings, 
court decisions, and departmental policies, procedures, and guidelines.
    ``(m) Short Term Detention Standards.--
            ``(1) Access to food and water.--The Commissioner shall 
        make every effort to ensure that adequate access to food and 
        water is provided to an individual apprehended and detained at 
        or between a United States port of entry as soon as practicable 
        following the time of such apprehension or during subsequent 
        short term detention.
            ``(2) Access to information on detainee rights at border 
        patrol processing centers.--
                    ``(A) In general.--The Commissioner shall ensure 
                that an individual apprehended by a U.S. Border Patrol 
                agent or an Office of Field Operations officer is 
                provided with information concerning such individual's 
                rights, including the right to contact a representative 
                of such individual's government for purposes of United 
                States treaty obligations.
                    ``(B) Form.--The information referred to in 
                subparagraph (A) may be provided either verbally or in 
                writing, and shall be posted in the detention holding 
                cell in which such individual is being held. The 
                information shall be provided in a language 
                understandable to such individual.
            ``(3) Short term detention defined.--In this subsection, 
        the term `short term detention' means detention in a U.S. 
        Customs and Border Protection processing center for 72 hours or 
        less, before repatriation to a country of nationality or last 
        habitual residence.
            ``(4) Daytime repatriation.--When practicable, 
        repatriations shall be limited to daylight hours and avoid 
        locations that are determined to have high indices of crime and 
        violence.
            ``(5) Report on procurement process and standards.--Not 
        later than 180 days after the date of the enactment of this 
        section, the Comptroller General of the United States shall 
        submit to the appropriate congressional committees a report on 
        the procurement process and standards of entities with which 
        U.S. Customs and Border Protection has contracts for the 
        transportation and detention of individuals apprehended by 
        agents or officers of U.S. Customs and Border Protection. Such 
        report should also consider the operational efficiency of 
        contracting the transportation and detention of such 
        individuals.
            ``(6) Report on inspections of short-term custody 
        facilities.--The Commissioner shall--
                    ``(A) annually inspect all facilities utilized for 
                short term detention; and
                    ``(B) make publically available information 
                collected pursuant to such inspections, including 
                information regarding the requirements under paragraphs 
                (1) and (2) and, where appropriate, issue 
                recommendations to improve the conditions of such 
                facilities.
    ``(n) Wait Times Transparency.--
            ``(1) In general.--The Commissioner shall--
                    ``(A) publish live wait times at the 20 United 
                States airports that support the highest volume of 
                international travel (as determined by available 
                Federal flight data);
                    ``(B) make information about such wait times 
                available to the public in real time through the U.S. 
                Customs and Border Protection Web site;
                    ``(C) submit to the appropriate congressional 
                committees quarterly reports that include compilations 
                of all such wait times and a ranking of such United 
                States airports by wait times; and
                    ``(D) provide adequate staffing at the U.S. Customs 
                and Border Protection information center to ensure 
                timely access for travelers attempting to submit 
                comments or speak with a representative about their 
                entry experiences.
            ``(2) Calculation.--The wait times referred to in paragraph 
        (1)(A) shall be determined by calculating the time elapsed 
        between an individual's entry into the U.S. Customs and Border 
        Protection inspection area and such individual's clearance by a 
        U.S. Customs and Border Protection officer.
    ``(o) Other Authorities.--
            ``(1) In general.--The Secretary may establish such other 
        offices or Assistant Commissioners (or other similar officers 
        or officials) as the Secretary determines necessary to carry 
        out the missions, duties, functions, and authorities of U.S. 
        Customs and Border Protection.
            ``(2) Notification.--If the Secretary exercises the 
        authority provided pursuant to paragraph (1), the Secretary 
        shall notify the appropriate congressional committees not later 
        than 30 days before exercising such authority.
    ``(p) Other Federal Agencies.--Nothing in this section may be 
construed as affecting in any manner the authority, existing on the 
date of the enactment of the Trade Facilitation and Trade Enforcement 
Act of 2015, of any other Federal agency, including the Transportation 
Security Administration, with respect to the duties of U.S. Customs and 
Border Protection described in subsection (c).''.
    (b) Special Rules.--
            (1) Treatment.--Section 411 of the Homeland Security Act of 
        2002, as amended by subsection (a) of this section, shall be 
        treated as if included in such Act as of the date of the 
        enactment of such Act, and, in addition to the functions, 
        missions, duties, and authorities specified in such amended 
        section 411, U.S. Customs and Border Protection shall continue 
        to perform and carry out the functions, missions, duties, and 
        authorities under section 411 of such Act as in existence on 
        the day before such date of enactment, and section 415 of such 
        Act.
            (2) Rules of construction.--
                    (A) Rules and regulations.--Notwithstanding 
                paragraph (1), nothing in this title or any amendment 
                made by this title may be construed as affecting in any 
                manner any rule or regulation issued or promulgated 
                pursuant to any provision of law, including section 411 
                of the Homeland Security Act of 2002 as in existence on 
                the day before the date of the enactment of this Act, 
                and any such rule or regulation shall continue to have 
                full force and effect on and after such date.
                    (B) Other actions.--Notwithstanding paragraph (1), 
                nothing in this Act may be construed as affecting in 
                any manner any action, determination, policy, or 
                decision pursuant to section 411 of the Homeland 
                Security Act of 2002 as in existence on the day before 
                the date of the enactment of this Act, and any such 
                action, determination, policy, or decision shall 
                continue to have full force and effect on and after 
                such date.
    (c) Continuation in Office.--
            (1) Commissioner.--The individual serving as the 
        Commissioner of Customs on the day before the date of the 
        enactment of this Act may serve as the Commissioner of U.S. 
        Customs and Border Protection on and after such date of 
        enactment until a Commissioner of U.S. Customs and Border 
        Protection is appointed under section 411 of the Homeland 
        Security Act of 2002, as amended by subsection (a) of this 
        section.
            (2) Other positions.--The individuals serving as Assistant 
        Commissioners and other officers and officials under section 
        411 of the Homeland Security Act of 2002 on the day before the 
        date of the enactment of this Act may serve as the appropriate 
        Assistant Commissioners and other officers and officials under 
        such section 411 as amended by subsection (a) of this section 
        unless the Commissioner of U.S. Customs and Border Protection 
        determines that another individual should hold such position or 
        positions.
    (d) Reference.--
            (1) Title 5.--Section 5314 of title 5, United States Code, 
        is amended by striking ``Commissioner of Customs, Department of 
        Homeland Security'' and inserting ``Commissioner of U.S. 
        Customs and Border Protection, Department of Homeland 
        Security''.
            (2) Other references.--On and after the date of the 
        enactment of this Act, any reference in law or regulations to 
        the ``Commissioner of Customs'' or the ``Commissioner of the 
        Customs Service'' shall be deemed to be a reference to the 
        Commissioner of U.S. Customs and Border Protection.
    (e) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
striking the item relating to section 411 and inserting the following 
new item:

``Sec. 411. Establishment of U.S. Customs and Border Protection; 
                            Commissioner, Deputy Commissioner, and 
                            operational offices.''.
    (f) Repeals.--Sections 416 and 418 of the Homeland Security Act of 
2002 (6 U.S.C. 216 and 218), and the items relating to such sections in 
the table of contents in section 1(b) of such Act, are repealed.
    (g) Clerical and Conforming Amendments.--
            (1) In general.--The Homeland Security Act of 2002 (6 
        U.S.C. 101 et seq.) is amended--
                    (A) in title I--
                            (i) in section 102(f)(10) (6 U.S.C. 
                        112(f)(10)), by striking ``the Directorate of 
                        Border and Transportation Security'' and 
                        inserting ``the Commissioner of U.S. Customs 
                        and Border Protection''; and
                            (ii) in section 103(a)(1) (6 U.S.C. 
                        113(a)(1))--
                                    (I) in subparagraph (C), by 
                                striking ``An Under Secretary for 
                                Border and Transportation Security.'' 
                                and inserting ``A Commissioner of U.S. 
                                Customs and Border Protection.''; and
                                    (II) in subparagraph (G), by 
                                striking ``A Director of the Office of 
                                Counternarcotics Enforcement.'' and 
                                inserting ``A Director of U.S. 
                                Immigration and Customs Enforcement.''; 
                                and
                    (B) in title IV--
                            (i) by striking the title heading and 
                        inserting ``BORDER, MARITIME, AND 
                        TRANSPORTATION SECURITY'';
                            (ii) in subtitle A--
                                    (I) by striking the subtitle 
                                heading and inserting ``Border, 
                                Maritime, and Transportation Security 
                                Responsibilities and Functions''; and
                                    (II) in section 402 (6 U.S.C. 
                                202)--
                                            (aa) in the section 
                                        heading, by striking 
                                        ``responsibilities'' and 
                                        inserting ``border, maritime, 
                                        and transportation 
                                        responsibilities''; and
                                            (bb) by striking ``, acting 
                                        through the Under Secretary for 
                                        Border and Transportation 
                                        Security,'';
                            (iii) in subtitle B--
                                    (I) by striking the subtitle 
                                heading and inserting ``U.S. Customs 
                                and Border Protection'';
                                    (II) in section 412(b) (6 U.S.C. 
                                212), by striking ``the United States 
                                Customs Service'' each place it appears 
                                and inserting ``U.S. Customs and Border 
                                Protection'';
                                    (III) in section 413 (6 U.S.C. 
                                213), by striking ``available to the 
                                United States Customs Service or'';
                                    (IV) in section 414 (6 U.S.C. 214), 
                                by striking ``the United States Customs 
                                Service'' and inserting ``U.S. Customs 
                                and Border Protection''; and
                                    (V) in section 415 (6 U.S.C. 215)--
                                            (aa) in paragraph (7), by 
                                        inserting before the colon the 
                                        following: ``, and of U.S. 
                                        Customs and Border Protection 
                                        on the day before the effective 
                                        date of the U.S. Customs and 
                                        Border Protection Authorization 
                                        Act''; and
                                            (bb) in paragraph (8), by 
                                        inserting before the colon the 
                                        following: ``, and of U.S. 
                                        Customs and Border Protection 
                                        on the day before the effective 
                                        date of the U.S. Customs and 
                                        Border Protection Authorization 
                                        Act'';
                            (iv) in subtitle C--
                                    (I) by striking section 424 (6 
                                U.S.C. 234) and inserting the following 
                                new section:

``SEC. 424. PRESERVATION OF TRANSPORTATION SECURITY ADMINISTRATION AS A 
              DISTINCT ENTITY.

    ``Notwithstanding any other provision of this Act, the 
Transportation Security Administration shall be maintained as a 
distinct entity within the Department.''; and
                                    (II) in section 430 (6 U.S.C. 
                                238)--
                                            (aa) by amending subsection 
                                        (a) to read as follows:
    ``(a) Establishment.--There is established in the Department an 
Office for Domestic Preparedness.'';
                                            (bb) in subsection (b), by 
                                        striking the second sentence; 
                                        and
                                            (cc) in subsection (c)(7), 
                                        by striking ``Directorate'' and 
                                        inserting ``Department''; and
                            (v) in subtitle D--
                                    (I) in section 441 (6 U.S.C. 251)--
                                            (aa) by striking the 
                                        section heading and inserting 
                                        ``transfer of functions''; and
                                            (bb) by striking ``Under 
                                        Secretary for Border and 
                                        Transportation Security'' and 
                                        inserting ``Secretary'';
                                    (II) in section 443 (6 U.S.C. 
                                253)--
                                            (aa) in the matter 
                                        preceding paragraph (1), by 
                                        striking ``Under Secretary for 
                                        Border and Transportation 
                                        Security'' and inserting 
                                        ``Secretary''; and
                                            (bb) by striking ``the 
                                        Bureau of Border Security'' and 
                                        inserting ``U.S. Immigration 
                                        and Customs Enforcement'' each 
                                        place it appears; and
                                    (III) by amending section 444 (6 
                                U.S.C. 254) to read as follows:

``SEC. 444. EMPLOYEE DISCIPLINE.

    ``Notwithstanding any other provision of law, the Secretary may 
impose disciplinary action on any employee of U.S. Immigration and 
Customs Enforcement and U.S. Customs and Border Protection who 
willfully deceives Congress or agency leadership on any matter.''.
            (2) Conforming amendments.--Section 401 of the Homeland 
        Security Act of 2002 (6 U.S.C. 201) is repealed.
            (3) Clerical amendments.--The table of contents in section 
        1(b) of the Homeland Security Act of 2002 is amended--
                    (A) by striking the item relating to title IV and 
                inserting the following:

      ``TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY'';

                    (B) by striking the item relating to subtitle A of 
                title IV and inserting the following:

      ``Subtitle A--Border, Maritime, and Transportation Security 
                   Responsibilities and Functions'';

                    (C) by striking the item relating to section 401;
                    (D) by striking the item relating to subtitle B of 
                title IV and inserting the following:

          ``Subtitle B--U.S. Customs and Border Protection'';

                    (E) by striking the item relating to section 441 
                and inserting the following:

``Sec. 441. Transfer of functions.'';
        and
                    (F) by striking the item relating to section 442 
                and inserting the following:

``Sec. 442. U.S. Immigration and Customs Enforcement.''.
    (h) Office of Trade.--
            (1) Trade offices and functions.--The Act of March 3, 1927 
        (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), is 
        amended by adding at the end the following:

``SEC. 4. OFFICE OF TRADE.

    ``(a) In General.--There is established in U.S. Customs and Border 
Protection an Office of Trade.
    ``(b) Assistant Commissioner.--
            ``(1) In general.--There shall be at the head of the Office 
        of Trade an Assistant Commissioner, who shall report to the 
        Commissioner of U.S. Customs and Border Protection.
            ``(2) Qualifications.--The Assistant Commissioner shall 
        have a minimum of 10 years of professional experience with the 
        customs and trade laws of the United States.
            ``(3) Senior executive service position.--The position of 
        Assistant Commissioner for Trade shall be a Senior Executive 
        Service position (as defined in section 3132(a) of title 5, 
        United States Code).
    ``(c) Duties.--The Office of Trade shall--
            ``(1) direct the development and implementation, pursuant 
        to the customs and trade laws of the United States, of policies 
        and regulations administered by U.S. Customs and Border 
        Protection;
            ``(2) advise the Commissioner with respect to the impact on 
        trade facilitation and trade enforcement of any policy or 
        regulation otherwise proposed or administered by U.S. Customs 
        and Border Protection;
            ``(3) coordinate and cooperate with the Assistant 
        Commissioner for the Office of Field Operations with respect to 
        the trade facilitation and trade enforcement activities of U.S. 
        Customs and Border Protection carried out at the land borders 
        and ports of entry of the United States;
            ``(4) direct the development and implementation of matters 
        relating to the priority trade issues identified by the 
        Commissioner of U.S. Customs and Border Protection in the joint 
        strategic plan on trade facilitation and trade enforcement 
        required under section 123A of the Customs and Trade Act of 
        1990;
            ``(5) otherwise advise the Commissioner of U.S. Customs and 
        Border Protection with respect to the development and 
        implementation of the joint strategic plan;
            ``(6) direct the trade enforcement activities of U.S. 
        Customs and Border Protection;
            ``(7) oversee the trade modernization activities of U.S. 
        Customs and Border Protection, including the development and 
        implementation of the Automated Commercial Environment computer 
        system authorized under section 13031(f)(5) of the Consolidated 
        Omnibus Budget and Reconciliation Act of 1985 (19 U.S.C. 
        58c(f)(5)) and support for the establishment of the 
        International Trade Data System under the oversight of the 
        Department of Treasury pursuant to section 411(d) of the Tariff 
        Act of 1930 (19 U.S.C. 1411(d));
            ``(8) direct the administration of customs revenue 
        functions as otherwise provided by law or delegated by the 
        Commissioner of U.S. Customs and Border Protection; and
            ``(9) prepare an annual report to be submitted to the 
        Committee on Finance of the Senate and the Committee on Ways 
        and Means of the House of Representatives not later than March 
        1 of each calendar year that includes--
                    ``(A) a summary of the changes to customs policies 
                and regulations adopted by U.S. Customs and Border 
                Protection during the preceding calendar year; and
                    ``(B) a description of the public vetting and 
                interagency consultation that occurred with respect to 
                each such change.
    ``(d) Transfer of Assets, Functions, and Personnel; Elimination of 
Offices.--
            ``(1) Office of international trade.--
                    ``(A) Transfer.--Not later than 30 days after the 
                date of the enactment of the Trade Facilitation and 
                Trade Enforcement Act of 2015, the Commissioner shall 
                transfer the assets, functions, personnel, and 
                liabilities of the Office of International Trade to the 
                Office of Trade established under subsection (b).
                    ``(B) Elimination.--Not later than 30 days after 
                the date of enactment of the Trade Facilitation and 
                Trade Enforcement Act of 2015, the Office of 
                International Trade shall be abolished.
                    ``(C) Limitation on funds.--No funds appropriated 
                to U.S. Customs and Border Protection or the Department 
                of Homeland Security may be used to transfer the 
                assets, functions, personnel, and liabilities of the 
                Office of International Trade to an office other than 
                the Office of Trade established under subsection (a).
                    ``(D) Office of international trade defined.--In 
                this paragraph, the term `Office of International 
                Trade' means the Office of International Trade 
                established by section 2 of the Act of March 3, 1927 
                (44. Stat. 1381, chapter 348; 19 U.S.C. 2072), as added 
                by section 402 of the Security and Accountability for 
                Every Port Act of 2006 (Public Law 109-347; 120 Stat. 
                1924), and as in effect on the day before the date of 
                the enactment of the Trade Facilitation and Trade 
                Enforcement Act of 2015.
            ``(2) Other transfers.--
                    ``(A) In general.--The Commissioner is authorized 
                to transfer any other assets, functions, or personnel 
                within U.S. Customs and Border Protection to the Office 
                of Trade established under subsection (d).
                    ``(B) Congressional notification.--Not less than 90 
                days prior to the transfer of assets, functions, or 
                personnel under subparagraph (A)(i), the Commissioner 
                shall notify the Committee on Finance of the Senate, 
                the Committee on Homeland Security and Government 
                Affairs of the Senate, the Committee on Ways and Means 
                of the House of Representatives, and the Committee on 
                Homeland Security of the House of Representatives of 
                the specific assets, functions, or personnel to be 
                transferred, and the reason for the transfer.
    ``(e) Definitions.--In this section, the terms `customs and trade 
laws of the United States', `trade enforcement', and `trade 
facilitation' have the meanings given such terms in section 2 of the 
Trade Facilitation and Trade Enforcement Act of 2015.''.
            (2) Continuation in office.--The individual serving as the 
        Assistant Commissioner of the Office of International Trade on 
        the day before the date of the enactment of this Act may serve 
        as the Assistant Commissioner for Trade on or after such date 
        of enactment, at the discretion of the Commissioner.
            (3) Conforming amendments.--Section 2 of the Act of March 
        3, 1927 (44. Stat. 1381, chapter 348; 19 U.S.C. 2072), as added 
        by section 402 of the Security and Accountability for Every 
        Port Act of 2006 (Public Law 109-347; 120 Stat. 1924), is 
        amended--
                    (A) by striking subsection (d); and
                    (B) by redesignating subsections (e) and (f) as 
                subsections (d) and (e), respectively.
    (i) Reports and Assessments.--
            (1) Report on business transformation initiative.--Not 
        later than 90 days after the date of the enactment of this Act, 
        the Commissioner of U.S. Customs and Border Protection shall 
        submit to the Committee on Homeland Security and the Committee 
        on Ways and Means of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs and the 
        Committee on Finance of the Senate a report on U.S. Customs and 
        Border Protection's Business Transformation Initiative, 
        including locations where the Initiative is deployed, the types 
        of equipment utilized, a description of protocols and 
        procedures, information on wait times at such locations since 
        deployment, and information regarding the schedule for 
        deployment at new locations.
            (2) Port of entry infrastructure needs assessments.--Not 
        later 180 days after the date of the enactment of this Act, the 
        Commissioner of U.S. Customs and Border Protection shall assess 
        the physical infrastructure and technology needs at the 20 
        busiest land ports of entry (as measured by U.S. Customs and 
        Border Protection) with a particular attention to identify ways 
        to--
                    (A) improve travel and trade facilitation;
                    (B) reduce wait times;
                    (C) improve physical infrastructure and conditions 
                for individuals accessing pedestrian ports of entry;
                    (D) enter into long-term leases with 
                nongovernmental and private sector entities;
                    (E) enter into lease-purchase agreements with 
                nongovernmental and private sector entities; and
                    (F) achieve cost savings through leases described 
                in subparagraphs (D) and (E).
            (3) Personal searches.--Not later than 90 days after the 
        date of the enactment of this Act, the Commissioner of U.S. 
        Customs and Border Protection shall submit to the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report on supervisor-approved personal searches 
        conducted in the previous year by U.S. Customs and Border 
        Protection personnel. Such report shall include the number of 
        personal searches conducted in each sector and field office, 
        the number of invasive personal searches conducted in each 
        sector and field office, whether personal searches were 
        conducted by Office of Field Operations or U.S. Border Patrol 
        personnel, and how many personal searches resulted in the 
        discovery of contraband.
    (j) Trusted Traveler Programs.--The Secretary of Homeland Security 
may not enter into or renew an agreement with the government of a 
foreign country for a trusted traveler program administered by U.S. 
Customs and Border Protection unless the Secretary certifies in writing 
that such government--
            (1) routinely submits to INTERPOL for inclusion in 
        INTERPOL's Stolen and Lost Travel Documents database 
        information about lost and stolen passports and travel 
        documents of the citizens and nationals of such country; or
            (2) makes available to the United States Government the 
        information described in paragraph (1) through another means of 
        reporting.
    (k) Sense of Congress Regarding the Foreign Language Award 
Program.--
            (1) Findings.--Congress finds the following:
                    (A) Congress established the Foreign Language Award 
                Program (FLAP) to incentivize employees at United 
                States ports of entry to utilize their foreign language 
                skills on the job by providing a financial incentive 
                for the use of the foreign language for at least ten 
                percent of their duties after passage of competency 
                tests. FLAP incentivizes the use of more than two dozen 
                languages and has been instrumental in identifying and 
                utilizing U.S. Customs and Border Protection officers 
                and agents who are proficient in a foreign language.
                    (B) In 1993, Congress provided for dedicated 
                funding for this program by stipulating that certain 
                fees collected by U.S. Customs and Border Protection be 
                used to fund FLAP.
                    (C) Through FLAP, foreign travelers are aided by 
                having an officer at a port of entry who speaks their 
                language, and U.S. Customs and Border Protection 
                benefits by being able to focus its border security 
                efforts in a more effective manner.
            (2) Sense of congress.--It is the sense of Congress that 
        FLAP incentivizes U.S. Customs and Border Protection officers 
        to attain and maintain competency in a foreign language, 
        thereby improving the efficiency of operations for the 
        functioning of U.S. Customs and Border Protection's security 
        mission, making the United States a more welcoming place when 
        foreign travelers find officers can communicate in their 
        language, and helping to expedite traveler processing to reduce 
        wait times.

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. 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. 902. 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. 903. 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. 904. 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. 905. 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 of 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. 906. 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, 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 of 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''; and
                    (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);'';
                    (E) in the flush text at the end--
                            (i) 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''; and
                            (ii) by striking the last sentence and 
                        inserting the following: ``Notwithstanding 
                        subparagraph (A), drawback shall be allowed 
                        under this paragraph with respect to wine if 
                        the imported wine and the exported wine are of 
                        the same color and the price variation between 
                        the imported wine and the exported wine does 
                        not exceed 50 percent. Transfers of merchandise 
                        may be evidenced by business records kept in 
                        the normal course of business and no additional 
                        certificates of transfer shall be required.''; 
                        and
            (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 
                906(q)(2)(B) of that Act), the Secretary shall 
                prescribe regulations for determining the calculation 
                of amounts refunded as drawback under this section.
                    ``(B) Claims with respect to unused merchandise.--
                The regulations required by subparagraph (A) for 
                determining the calculation of amounts refunded as 
                drawback under this section shall provide for a refund 
                of equal 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).
                    ``(C) Claims with respect to articles into which 
                substitute merchandise is incorporated.--The 
                regulations required by subparagraph (A) for 
                determining the calculation of amounts refunded as 
                drawback under this section shall provide for a refund 
                of 99 percent of the duties, taxes, and fees paid with 
                respect to the imported merchandise incorporated into 
                an article that is exported or destroyed, except that 
                where there is substitution of the imported 
                merchandise, 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 
                                substituted merchandise if the 
                                substituted merchandise 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 substituted 
                                        merchandise if the substituted 
                                        merchandise 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 ``, 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 906(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) of this 
        section, 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) 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.--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--
                    (A) the date on which the Automated Commercial 
                Environment will be ready to process drawback claims; 
                and
                    (B) 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).
            (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. 907. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

    (a) Annual Report on Trade Agreements Program and National Trade 
Policy Agenda.--Section 163(a) of the Trade Act of 1974 (19 U.S.C. 
2213(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(C) the operation of all United States Trade 
                Representative-led interagency programs during the 
                preceding year and for the year in which the report is 
                submitted.''; and
            (2) by adding at the end the following:
            ``(4) The report shall include, with respect to the matters 
        referred to in paragraph (1)(C), information regarding--
                    ``(A) the objectives and priorities of all United 
                States Trade Representative-led interagency programs 
                for the year, and the reasons therefor;
                    ``(B) the actions proposed, or anticipated, to be 
                undertaken during the year to achieve such objectives 
                and priorities, including actions authorized under the 
                trade laws and negotiations with foreign countries;
                    ``(C) the role of each Federal agency participating 
                in the interagency program in achieving such objectives 
                and priorities and activities of each agency with 
                respect to their participation in the program;
                    ``(D) the United States Trade Representative's 
                coordination of each participating Federal agency to 
                more effectively achieve such objectives and 
                priorities;
                    ``(E) any proposed legislation necessary or 
                appropriate to achieve any of such objectives or 
                priorities; and
                    ``(F) the progress that was made during the 
                preceding year in achieving such objectives and 
                priorities and coordination activities included in the 
                statement provided for such year under this 
                paragraph.''.
    (b) Resource Management and Staffing Plans.--
            (1) Annual plan.--
                    (A) In general.--The United States Trade 
                Representative shall on an annual basis develop a 
                plan--
                            (i) to match available resources of the 
                        Office of the United States Trade 
                        Representative to projected workload and 
                        provide a detailed analysis of how the funds 
                        allocated from the prior fiscal year to date 
                        have been spent;
                            (ii) to identify existing staff of the 
                        Office and new staff that will be necessary to 
                        support the trade negotiation and enforcement 
                        functions and powers of the Office (including 
                        those of the Trade Policy Staff Committee) as 
                        described in section 141 of the Trade Act of 
                        1974 (19 U.S.C. 2171) and section 301 of the 
                        Trade Act of 1974 (19 U.S.C. 2411);
                            (iii) to identify existing staff of the 
                        Office and staff of other Federal agencies who 
                        will be required to be detailed to support 
                        United States Trade Representative-led 
                        interagency programs, including any associated 
                        expenses; and
                            (iv) to provide a detailed analysis of the 
                        budgetary requirements of United States Trade 
                        Representative-led interagency programs for the 
                        next fiscal year and provide a detailed 
                        analysis of how the funds allocated from the 
                        prior fiscal year to date have been spent.
                    (B) Report.--The United States Trade Representative 
                shall submit to the Committee on Ways and Means and the 
                Committee on Appropriations of the House of 
                Representatives and the Committee on Finance and the 
                Committee on Appropriations of the Senate a report that 
                contains the plan required under subparagraph (A). The 
                report required under this subparagraph shall be 
                submitted in conjunction with the annual budget of the 
                United States Government required to be submitted to 
                Congress under section 1105 of title 31, United States 
                Code.
            (2) Quadrennial plan.--
                    (A) In general.--Pursuant to the goals and 
                objectives of the strategic plan of the Office of the 
                United States Trade Representative as required under 
                section 306 of title 5, United States Code, the United 
                States Trade Representative shall every 4 years develop 
                a plan--
                            (i) to analyze internal quality controls 
                        and record management of the Office;
                            (ii) to identify existing staff of the 
                        Office and new staff that will be necessary to 
                        support the trade negotiation and enforcement 
                        functions and powers of the Office (including 
                        those of the Trade Policy Staff Committee) as 
                        described in section 141 of the Trade Act of 
                        1974 (19 U.S.C. 2171) and section 301 of the 
                        Trade Act of 1974 (19 U.S.C. 2411);
                            (iii) to identify existing staff of the 
                        Office and staff in other Federal agencies who 
                        will be required to be detailed to support 
                        United States Trade Representative-led 
                        interagency programs, including any associated 
                        expenses;
                            (iv) to provide an outline of budget 
                        justifications, including salaries and expenses 
                        as well as non-personnel administrative 
                        expenses, for the fiscal years required under 
                        the strategic plan; and
                            (v) to provide an outline of budget 
                        justifications, including salaries and expenses 
                        as well as non-personnel administrative 
                        expenses, for United States Trade 
                        Representative-led interagency programs for the 
                        fiscal years required under the strategic plan.
                    (B) Report.--
                            (i) In general.--The United States Trade 
                        Representative shall submit to the Committee on 
                        Ways and Means and the Committee on 
                        Appropriations of the House of Representatives 
                        and the Committee on Finance and the Committee 
                        on Appropriations of the Senate a report that 
                        contains the plan required under subparagraph 
                        (A). Except as provided in clause (ii), the 
                        report required under this clause shall be 
                        submitted in conjunction with the strategic 
                        plan of the Office as required under section 
                        306 of title 5, United States Code.
                            (ii) Exception.--The United States Trade 
                        Representative shall submit to the 
                        congressional committees specified in clause 
                        (i) an initial report that contains the plan 
                        required under subparagraph (A) not later than 
                        February 1, 2016.

SEC. 908. UNITED STATES-ISRAEL TRADE AND COMMERCIAL ENHANCEMENT.

    (a) Findings.--Congress finds the following:
            (1) Israel is America's dependable, democratic ally in the 
        Middle East--an area of paramount strategic importance to the 
        United States.
            (2) The United States-Israel Free Trade Agreement formed 
        the modern foundation of the bilateral commercial relationship 
        between the two countries and was the first such agreement 
        signed by the United States with a foreign country.
            (3) The United States-Israel Free Trade Agreement has been 
        instrumental in expanding commerce and the strategic 
        relationship between the United States and Israel.
            (4) More than $45 billion in goods and services is traded 
        annually between the two countries in addition to roughly $10 
        billion in United States foreign direct investment in Israel.
            (5) The United States continues to look for and find new 
        opportunities to enhance cooperation with Israel, including 
        through the enactment of the United States-Israel Enhanced 
        Security Cooperation Act of 2012 (Public Law 112-150) and the 
        United States-Israel Strategic Partnership Act of 2014 (Public 
        Law 113-296).
            (6) It has been the policy of the United States Government 
        to combat all elements of the Arab League Boycott of Israel 
        by--
                    (A) public statements of Administration officials;
                    (B) enactment of relevant sections of the Export 
                Administration Act of 1979 (as continued in effect 
                pursuant to the International Emergency Economic Powers 
                Act), including sections to ensure foreign persons 
                comply with applicable reporting requirements relating 
                to the boycott;
                    (C) enactment of the 1976 Tax Reform Act (Public 
                Law 94-455) that denies certain tax benefits to 
                entities abiding by the boycott;
                    (D) ensuring through free trade agreements with 
                Bahrain and Oman that such countries no longer 
                participate in the boycott; and
                    (E) ensuring as a condition of membership in the 
                World Trade Organization that Saudi Arabia no longer 
                enforces the secondary or tertiary elements of the 
                boycott.
    (b) Statements of Policy.--Congress--
            (1) supports the strengthening of United States-Israel 
        economic cooperation and recognizes the tremendous strategic, 
        economic, and technological value of cooperation with Israel;
            (2) recognizes the benefit of cooperation with Israel to 
        United States companies, including by improving American 
        competitiveness in global markets;
            (3) recognizes the importance of trade and commercial 
        relations to the pursuit and sustainability of peace, and 
        supports efforts to bring together the United States, Israel, 
        the Palestinian territories, and others in enhanced commerce;
            (4) opposes politically motivated actions that penalize or 
        otherwise limit commercial relations specifically with Israel 
        such as boycotts, divestment or sanctions;
            (5) notes that the boycott, divestment, and sanctioning of 
        Israel by governments, governmental bodies, quasi-governmental 
        bodies, international organizations, and other such entities is 
        contrary to the General Agreement on Tariffs and Trade (GATT) 
        principle of non-discrimination;
            (6) encourages the inclusion of politically motivated 
        actions that penalize or otherwise limit commercial relations 
        specifically with Israel such as boycotts, divestment from, or 
        sanctions against Israel as a topic of discussion at the U.S.-
        Israel Joint Economic Development Group (JEDG) and other areas 
        to support the strengthening of the United States-Israel 
        commercial relationship and combat any commercial 
        discrimination against Israel;
            (7) supports efforts to prevent investigations or 
        prosecutions by governments or international organizations of 
        United States persons on the sole basis of such persons doing 
        business with Israel, with Israeli entities, or in Israeli-
        controlled territories; and
            (8) supports American States examining a company's 
        promotion or compliance with unsanctioned boycotts, divestment 
        from, or sanctions against Israel as part of its consideration 
        in awarding grants and contracts and supports the divestment of 
        State assets from companies that support or promote actions to 
        boycott, divest from, or sanction Israel.
    (c) Principal Trade Negotiating Objectives of the United States.--
            (1) Commercial partnerships.--Among the principal trade 
        negotiating objectives of the United States for proposed trade 
        agreements with foreign countries regarding commercial 
        partnerships are the following:
                    (A) To discourage actions by potential trading 
                partners that directly or indirectly prejudice or 
                otherwise discourage commercial activity solely between 
                the United States and Israel.
                    (B) To discourage politically motivated actions to 
                boycott, divest from, or sanction Israel and to seek 
                the elimination of politically motivated non-tariff 
                barriers on Israeli goods, services, or other commerce 
                imposed on the State of Israel.
                    (C) To seek the elimination of state-sponsored 
                unsanctioned foreign boycotts against Israel or 
                compliance with the Arab League Boycott of Israel by 
                prospective trading partners.
            (2) Effective date.--This subsection takes effect on the 
        date of the enactment of this Act and applies with respect to 
        negotiations commenced before, on, or after the date of the 
        enactment of this Act.
    (d) Report on Politically Motivated Acts of Boycott, Divestment 
From, and Sanctions Against Israel.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        President shall submit to Congress a report on politically 
        motivated acts of boycott, divestment from, and sanctions 
        against Israel.
            (2) Matters to be included.--The report required by 
        paragraph (1) shall include the following:
                    (A) A description of the establishment of barriers 
                to trade, including non-tariff barriers, investment, or 
                commerce by foreign countries or international 
                organizations against United States persons operating 
                or doing business in Israel, with Israeli entities, or 
                in Israeli-controlled territories.
                    (B) A description of specific steps being taken by 
                the United States to encourage foreign countries and 
                international organizations to cease creating such 
                barriers and to dismantle measures already in place and 
                an assessment of the effectiveness of such steps.
                    (C) A description of specific steps being taken by 
                the United States to prevent investigations or 
                prosecutions by governments or international 
                organizations of United States persons on the sole 
                basis of such persons doing business with Israel, with 
                Israeli entities, or in Israeli-controlled territories.
                    (D) Decisions by foreign persons, including 
                corporate entities and state-affiliated financial 
                institutions, that limit or prohibit economic relations 
                with Israel or persons doing business in Israel or in 
                Israeli controlled territories.
    (e) Certain Foreign Judgments Against United States Persons.--
Notwithstanding any other provision of law, no domestic court shall 
recognize or enforce any foreign judgment entered against a United 
States person that conducts business operations in Israel, or any 
territory controlled by Israel, if the domestic court determines that 
the foreign judgment is based, in whole or in part, on a determination 
by a foreign court that the United States person's conducting business 
operations therein or with Israeli entities constitutes a violation of 
law.
    (f) Definitions.--In this section:
            (1) Boycott, divestment from, and sanctions against 
        israel.--The term ``boycott, divestment from, and sanctions 
        against Israel'' means actions by states, non-member states of 
        the United Nations, international organizations, or affiliated 
        agencies of international organizations that are politically 
        motivated and are intended to penalize or otherwise limit 
        commercial relations specifically with Israel or persons doing 
        business in Israel or in Israeli-controlled territories.
            (2) Domestic court.--The term ``domestic court'' means a 
        Federal court of the United States, or a court of any State or 
        territory of the United States or of the District of Columbia.
            (3) Foreign court.--The term ``foreign court'' means a 
        court, an administrative body, or other tribunal of a foreign 
        country.
            (4) Foreign judgment.--The term ``foreign judgment'' means 
        a final civil judgment rendered by a foreign court.
            (5) Foreign person.--The term ``foreign person'' means--
                    (A) any natural person who is not lawfully admitted 
                for permanent residence (as defined in section 
                101(a)(20) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(20)) or who is not a protected 
                individual (as defined in section 274B(a)(3) of such 
                Act (8 U.S.C. 1324b(a)(3)); or
                    (B) any foreign corporation, business association, 
                partnership, trust, society or any other entity or 
                group that is not incorporated or organized to do 
                business in the United States, as well as any 
                international organization, foreign government and any 
                agency or subdivision of foreign government, including 
                a diplomatic mission.
            (6) Person.--
                    (A) In general.--The term ``person'' means--
                            (i) a natural person;
                            (ii) a corporation, business association, 
                        partnership, society, trust, financial 
                        institution, insurer, underwriter, guarantor, 
                        and any other business organization, any other 
                        nongovernmental entity, organization, or group, 
                        and any governmental entity operating as a 
                        business enterprise; and
                            (iii) any successor to any entity described 
                        in clause (ii).
                    (B) Application to governmental entities.--The term 
                ``person'' does not include a government or 
                governmental entity that is not operating as a business 
                enterprise.
            (7) United states person.--The term ``United States 
        person'' means--
                    (A) a natural person who is a national of the 
                United States (as defined in section 101(a)(22) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(22))); or
                    (B) a corporation or other legal entity which is 
                organized under the laws of the United States, any 
                State or territory thereof, or the District of 
                Columbia, if natural persons described in subparagraph 
                (A) own, directly or indirectly, more than 50 percent 
                of the outstanding capital stock or other beneficial 
                interest in such legal entity.

SEC. 909. ELIMINATION OF CONSUMPTIVE DEMAND EXCEPTION TO PROHIBITION ON 
              IMPORTATION OF GOODS MADE WITH CONVICT LABOR, FORCED 
              LABOR, OR INDENTURED LABOR; REPORT.

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

SEC. 910. CUSTOMS USER FEES.

    (a) In General.--Section 13031(j)(3) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by 
adding at the end the following:
    ``(C) Fees may be charged under paragraphs (9) and (10) of 
subsection (a) during the period beginning on July 8, 2025, and ending 
on July 28, 2025.''.
    (b) Rate for Merchandise Processing Fees.--Section 503 of the 
United States-Korea Free Trade Agreement Implementation Act (Public Law 
112-41; 125 Stat. 460) is amended--
            (1) by striking ``For the period'' and inserting ``(a) In 
        General.--For the period''; and
            (2) by adding at the end the following:
    ``(b) Additional Period.--For the period beginning on July 1, 2025, 
and ending on July 14, 2025, section 13031(a)(9) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(9)) shall 
be applied and administered--
            ``(1) in subparagraph (A), by substituting `0.3464' for 
        `0.21'; and
            ``(2) in subparagraph (B)(i), by substituting `0.3464' for 
        `0.21'.''.

SEC. 911. REPORT ON CERTAIN U.S. CUSTOMS AND BORDER PROTECTION 
              AGREEMENTS.

    (a) In General.--Not later than one year after entering into an 
agreement under a program specified in subsection (b), and annually 
thereafter until the termination of the program, the Commissioner shall 
submit to the Committee on Finance of the Senate, the Committee on Ways 
and Means of the House of Representatives, the Committee on Homeland 
Security and Governmental Affairs of the Senate, and the Committee on 
Homeland Security of the House of Representatives a report that 
includes the following:
            (1) A description of the development of the program.
            (2) A description of the type of entity with which U.S. 
        Customs and Border Protection entered into the agreement and 
        the amount that entity reimbursed U.S. Customs and Border 
        Protection under the agreement.
            (3) An identification of the type of port of entry to which 
        the agreement relates and an assessment of how the agreement 
        provides economic benefits at the port of entry.
            (4) A description of the services provided by U.S. Customs 
        and Border Protection under the agreement during the year 
        preceding the submission of the report.
            (5) The amount of fees collected under the agreement during 
        that year.
            (6) A detailed accounting of how the fees collected under 
        the agreement have been spent during that year.
            (7) A summary of any complaints or criticism received by 
        U.S. Customs and Border Protection during that year regarding 
        the agreement.
            (8) An assessment of the compliance of the entity described 
        in paragraph (2) with the terms of the agreement.
            (9) Recommendations with respect to how activities 
        conducted pursuant to the agreement could function more 
        effectively or better produce economic benefits.
            (10) A summary of the benefits to and challenges faced by 
        U.S. Customs and Border Protection and the entity described in 
        paragraph (2) under the agreement.
    (b) Program Specified.--A program specified in this subsection is--
            (1) the program for entering into reimbursable fee 
        agreements for the provision of U.S. Customs and Border 
        Protection services established by section 560 of the 
        Department of Homeland Security Appropriations Act, 2013 
        (division D of Public Law 113-6; 127 Stat. 378); or
            (2) the pilot program authorizing U.S. Customs and Border 
        Protection to enter into partnerships with private sector and 
        government entities at ports of entry established by section 
        559 of the Department of Homeland Security Appropriations Act, 
        2014 (division F of Public Law 113-76; 6 U.S.C. 211 note).

SEC. 912. AMENDMENTS TO BIPARTISAN CONGRESSIONAL TRADE PRIORITIES AND 
              ACCOUNTABILITY ACT OF 2015.

    (a) Immigration Laws of the United States.--Section 102(a) of the 
Bipartisan Congressional Trade Priorities and Accountability Act of 
2015 is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) in paragraph (13), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(14) to ensure that trade agreements do not require 
        changes to the immigration laws of the United States or 
        obligate the United States to grant access or expand access to 
        visas issued under section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)).''.
    (b) Global Warming.--Section 102(a) of the Bipartisan Congressional 
Trade Priorities and Accountability Act of 2015, as amended by 
subsection (a) of this section, is amended--
            (1) in paragraph (13), by striking ``and'' at the end;
            (2) in paragraph (14), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(15) to ensure that trade agreements do not require 
        changes to U.S. law or obligate the United States with respect 
        to global warming or climate change.''.
    (c) Fisheries Negotiations.--Section 102(b) of the Bipartisan 
Congressional Trade Priorities and Accountability Act of 2015 is 
amended by adding at the end the following:
            ``(22) Fisheries negotiations.--The principal negotiating 
        objectives of the United States with respect to trade in fish, 
        seafood, and shellfish products are to obtain competitive 
        opportunities for United States exports of fish, seafood, and 
        shellfish products in foreign markets substantially equivalent 
        to the competitive opportunities afforded foreign exports of 
        fish, seafood, and shellfish products in United States markets 
        and to achieve fairer and more open conditions of trade in 
        fish, seafood, and shellfish products, including by reducing or 
        eliminating tariff and non-tariff barriers and eliminating 
        subsidies that distort trade.''.
    (d) Accreditation.--Section 104(c)(2)(C) of the Bipartisan 
Congressional Trade Priorities and Accountability Act of 2015 is 
amended by inserting after the first sentence the following: ``In 
addition, the chairman and ranking members described in subparagraphs 
(A)(i) and (B)(i) shall each be permitted to designate up to 3 
personnel with proper security clearances to serve as delegates to such 
negotiations.''.
    (e) Trafficking in Persons.--Section 106(b)(6) of the Bipartisan 
Congressional Trade Priorities and Accountability Act of 2015 is 
amended--
            (1) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) Exception.--
                            ``(i) Invoking exception.--If the President 
                        submits to the appropriate congressional 
                        committees a letter stating that a country to 
                        which subparagraph (A) applies has taken 
                        concrete actions to implement the principal 
                        recommendations with respect to that country in 
                        the most recent annual report on trafficking in 
                        persons, this paragraph shall not apply with 
                        respect to agreements with that country.
                            ``(ii) Content of letter; public 
                        availability.--A letter submitted under clause 
                        (i) with respect to a country shall--
                                    ``(I) include a description of the 
                                concrete actions that the country has 
                                taken to implement the principal 
                                recommendations described in clause 
                                (i); and
                                    ``(II) be made available to the 
                                public.
                            ``(iii) Appropriate congressional 
                        committees defined.--In this subparagraph, the 
                        term `appropriate congressional committees' 
                        means--
                                    ``(I) the Committee on Ways and 
                                Means and the Committee on Foreign 
                                Affairs of the House of 
                                Representatives; and
                                    ``(II) the Committee on Finance and 
                                the Committee on Foreign Relations of 
                                the Senate.'';
    (f) Technical Amendments.--The Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015 is amended--
            (1) in section 105(b)(3)--
                    (A) in subparagraph (A)(ii), by striking ``section 
                102(b)(16)'' and inserting ``section 102(b)(17)''; and
                    (B) in subparagraph (B)(ii), by striking ``section 
                102(b)(16)'' and inserting ``section 102(b)(17)''; and
            (2) in section 106(b)(5), by striking ``section 
        102(b)(15)(C)'' and inserting ``section 102(b)(16)(C)''.
    (g) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Bipartisan Congressional 
Trade Priorities and Accountability Act of 2015.

SEC. 913. CERTAIN INTEREST TO BE INCLUDED IN DISTRIBUTIONS UNDER 
              CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000.

    (a) In General.--Notwithstanding any other provision of law, the 
Commissioner shall include in all distributions of collected 
antidumping and countervailing duties described in subsection (b) all 
interest earned on such duties, including--
            (1) interest accrued under section 778 of the Tariff Act of 
        1930 (19 U.S.C. 1677g),
            (2) interest accrued under section 505(d) of the Tariff Act 
        of 1930 (19 U.S.C. 1505(d)), and
            (3) common-law equitable interest, and all interest under 
        section 963 of the Revised Statutes of the United States (19 
        U.S.C. 580), awarded by a court against a surety's late payment 
        of antidumping or countervailing duties and interest described 
        in paragraph (1) or (2), under its bond,
which is, or was, realized through application of any payment received 
on or after October 1, 2014, by U.S. Customs and Border Protection 
under, or in connection with, any customs bond pursuant to a court 
order or judgment, or any settlement for any such bond.
    (b) Distributions Described.--The distributions described in 
subsection (a) are all distributions made on or after the date of the 
enactment of this Act pursuant to section 754 of the Tariff Act of 1930 
(19 U.S.C. 1675c) (as such section was in effect on February 7, 2006) 
of collected antidumping and countervailing duties assessed on or after 
October 1, 2000, on entries made through September 30, 2007.

SEC. 914. REPORT ON COMPETITIVENESS OF U.S. RECREATIONAL PERFORMANCE 
              OUTERWEAR INDUSTRY.

    Not later than June 1, 2016, the United States International Trade 
Commission 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 competitiveness of the United States recreational 
performance outwear industry and its effects on the United States 
economy, including an assessment of duty structures on inputs as well 
as finished products and global supply chains.

SEC. 915. INCREASE IN PENALTY FOR FAILURE TO FILE RETURN OF TAX.

    (a) In General.--Section 6651(a) of the Internal Revenue Code of 
1986 is amended by striking ``$135'' in the last sentence and inserting 
``$205''.
    (b) Conforming Amendment.--Section 6651(i) of such Code is amended 
by striking ``$135'' and inserting ``$205''.
    (c) Effective Date.--The amendments made by this section shall 
apply to returns required to be filed in calendar years after 2015.

            Attest:

                                                                 Clerk.
114th CONGRESS

  1st Session

                                H.R. 644

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                  HOUSE AMENDMENT TO SENATE AMENDMENT