[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 644 Enrolled Bill (ENR)]

        H.R.644

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 An Act


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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 
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 importer risk assessment program.
Sec. 116. Customs broker identification of importers.
Sec. 117. Priority trade issues.
Sec. 118. 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 investigating claims of evasion of antidumping 
          and countervailing duty orders.

                        Subtitle C--Other Matters

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

    TITLE V--SMALL BUSINESS TRADE ISSUES AND STATE TRADE COORDINATION

Sec. 501. Short title.
Sec. 502. Outreach and input from small businesses to trade promotion 
          authority.
Sec. 503. State Trade Expansion Program.
Sec. 504. State and Federal Export Promotion Coordination.
Sec. 505. State trade coordination.

               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.
Sec. 604. Establishment of Interagency Center on Trade Implementation, 
          Monitoring, and Enforcement.
Sec. 605. Inclusion of interest in certain distributions of antidumping 
          duties and countervailing duties.
Sec. 606. Illicitly imported, exported, or trafficked cultural property, 
          archaeological or ethnological materials, and fish, wildlife, 
          and plants.
Sec. 607. Enforcement under title III of the Trade Act of 1974 with 
          respect to certain acts, policies, and practices.
Sec. 608. Honey transshipment.
Sec. 609. Establishment of Chief Innovation and Intellectual Property 
          Negotiator.
Sec. 610. Measures relating to countries that deny adequate protection 
          for intellectual property rights.
Sec. 611. Trade Enforcement Trust Fund.

  TITLE VII--ENGAGEMENT ON CURRENCY EXCHANGE RATE AND ECONOMIC POLICIES

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

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

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

                   Subtitle B--Preclearance Operations

Sec. 811. Short title.
Sec. 812. Definitions.
Sec. 813. Establishment of preclearance operations.
Sec. 814. Notification and certification to Congress.
Sec. 815. Protocols.
Sec. 816. Lost and stolen passports.
Sec. 817. Recovery of initial U.S. Customs and Border Protection 
          preclearance operations costs.
Sec. 818. Collection and disposition of funds collected for immigration 
          inspection services and preclearance activities.
Sec. 819. Application to new and existing preclearance operations.

                   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. Report on certain U.S. Customs and Border Protection 
          agreements.
Sec. 908. Charter flights.
Sec. 909. United States-Israel trade and commercial enhancement.
Sec. 910. Elimination of consumptive demand exception to prohibition on 
          importation of goods made with convict labor, forced labor, or 
          indentured labor; report.
Sec. 911. Voluntary reliquidations by U.S. Customs and Border 
          Protection.
Sec. 912. Tariff classification of recreational performance outerwear.
Sec. 913. Modifications to duty treatment of protective active footwear.
Sec. 914. Amendments to Bipartisan Congressional Trade Priorities and 
          Accountability Act of 2015.
Sec. 915. Trade preferences for Nepal.
Sec. 916. Agreement by Asia-Pacific Economic Cooperation members to 
          reduce rates of duty on certain environmental goods.
Sec. 917. Amendment to Tariff Act of 1930 to require country of origin 
          marking of certain castings.
Sec. 918. Inclusion of certain information in submission of nomination 
          for appointment as Deputy United States Trade Representative.
Sec. 919. Sense of Congress on the need for a miscellaneous tariff bill 
          process.
Sec. 920. Customs user fees.
Sec. 921. Increase in penalty for failure to file return of tax.
Sec. 922. Permanent moratorium on Internet access taxes and on multiple 
          and discriminatory taxes on electronic commerce.
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) Commercial operations of u.s. customs and border 
    protection.--The term ``commercial operations of U.S. Customs and 
    Border Protection'' includes--
            (A) administering any customs revenue function (as defined 
        in section 415 of the Homeland Security Act of 2002 (6 U.S.C. 
        215));
            (B) coordinating efforts of the Department of Homeland 
        Security with respect to trade facilitation and trade 
        enforcement;
            (C) coordinating with the Director of U.S. Immigration and 
        Customs Enforcement with respect to--
                (i) investigations relating to trade enforcement; and
                (ii) the development and implementation of the joint 
            strategic plan required by section 105;
            (D) coordinating, on behalf of the Department of Homeland 
        Security, efforts among Federal agencies to facilitate 
        legitimate trade and to enforce the customs and trade laws of 
        the United States, including representing the Department of 
        Homeland Security in interagency fora addressing such efforts;
            (E) coordinating with customs authorities of foreign 
        countries to facilitate legitimate international trade and 
        enforce the customs and trade laws of the United States and the 
        customs and trade laws of foreign countries;
            (F) collecting, assessing, and disseminating information as 
        appropriate and in accordance with any law regarding cargo 
        destined for the United States--
                (i) to ensure that such cargo complies with the customs 
            and trade laws of the United States; and
                (ii) to facilitate the legitimate international trade 
            of such cargo;
            (G) soliciting and considering on a regular basis input 
        from private sector entities, including the Commercial Customs 
        Operations Advisory Committee established by section 109 and 
        the Trade Support Network, with respect to, as appropriate--
                (i) the implementation of changes to the customs and 
            trade laws of the United States; and
                (ii) the development, implementation, or revision of 
            policies or regulations administered by U.S. Customs and 
            Border Protection; and
            (H) otherwise advising the Secretary of Homeland Security 
        with respect to the development of policies associated with 
        facilitating legitimate trade and enforcing the customs and 
        trade laws of the United States.
        (3) Commissioner.--The term ``Commissioner'' means the 
    Commissioner of U.S. Customs and Border Protection, as described in 
    section 411(b) of the Homeland Security Act of 2002, as amended by 
    section 802(a) of this Act.
        (4) Customs and trade laws of the united states.--The term 
    ``customs and trade laws of the United States'' includes the 
    following:
            (A) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.).
            (B) Section 249 of the Revised Statutes (19 U.S.C. 3).
            (C) Section 2 of the Act of March 4, 1923 (42 Stat. 1453, 
        chapter 251; 19 U.S.C. 6).
            (D) The Act of March 3, 1927 (44 Stat. 1381, chapter 348; 
        19 U.S.C. 2071 et seq.).
            (E) Section 13031 of the Consolidated Omnibus Budget 
        Reconciliation Act of 1985 (19 U.S.C. 58c).
            (F) Section 251 of the Revised Statutes (19 U.S.C. 66).
            (G) Section 1 of the Act of June 26, 1930 (46 Stat. 817, 
        chapter 617; 19 U.S.C. 68).
            (H) The Act of June 18, 1934 (48 Stat. 998, chapter 590; 19 
        U.S.C. 81a et seq.; commonly known as the ``Foreign Trade Zones 
        Act'').
            (I) Section 1 of the Act of March 2, 1911 (36 Stat. 965, 
        chapter 191; 19 U.S.C. 198).
            (J) The Trade Act of 1974 (19 U.S.C. 2101 et seq.).
            (K) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et 
        seq.).
            (L) The North American Free Trade Agreement Implementation 
        Act (19 U.S.C. 3301 et seq.).
            (M) The Uruguay Round Agreements Act (19 U.S.C. 3501 et 
        seq.).
            (N) The Caribbean Basin Economic Recovery Act (19 U.S.C. 
        2701 et seq.).
            (O) The Andean Trade Preference Act (19 U.S.C. 3201 et 
        seq.).
            (P) The African Growth and Opportunity Act (19 U.S.C. 3701 
        et seq.).
            (Q) The Customs Enforcement Act of 1986 (Public Law 99-570; 
        100 Stat. 3207-79).
            (R) The Customs and Trade Act of 1990 (Public Law 101-382; 
        104 Stat. 629).
            (S) The Customs Procedural Reform and Simplification Act of 
        1978 (Public Law 95-410; 92 Stat. 888).
            (T) The Trade Act of 2002 (Public Law 107-210; 116 Stat. 
        933).
            (U) The Convention on Cultural Property Implementation Act 
        (19 U.S.C. 2601 et seq.).
            (V) The Act of March 28, 1928 (45 Stat. 374, chapter 266; 
        19 U.S.C. 2077 et seq.).
            (W) The Act of August 7, 1939 (53 Stat. 1262, chapter 566).
            (X) The Bipartisan Congressional Trade Priorities and 
        Accountability Act of 2015 (Public Law 114-26; 19 U.S.C. 4201 
        et seq.).
            (Y) The Trade Preferences Extension Act of 2015 (Public Law 
        114-27; 129 Stat. 362).
            (Z) Any other provision of law implementing a trade 
        agreement.
            (AA) Any other provision of law vesting customs revenue 
        functions in the Secretary of the Treasury.
            (BB) Any other provision of law relating to trade 
        facilitation or trade enforcement that is administered by U.S. 
        Customs and Border Protection on behalf of any Federal agency 
        that is required to participate in the International Trade Data 
        System established under section 411(d) of the Tariff Act of 
        1930 (19 U.S.C. 1411(d)).
            (CC) Any other provision of customs or trade law 
        administered by U.S. Customs and Border Protection or U.S. 
        Immigration and Customs Enforcement.
        (5) Private sector entity.--The term ``private sector entity'' 
    means--
            (A) an importer;
            (B) an exporter;
            (C) a forwarder;
            (D) an air, sea, or land carrier or shipper;
            (E) a contract logistics provider;
            (F) a customs broker; or
            (G) any other person (other than an employee of a 
        government) affected by the implementation of the customs and 
        trade laws of the United States.
        (6) Trade enforcement.--The term ``trade enforcement'' means 
    the enforcement of the customs and trade laws of the United States.
        (7) Trade facilitation.--The term ``trade facilitation'' refers 
    to policies and activities of U.S. Customs and Border Protection 
    with respect to facilitating the movement of merchandise into and 
    out of the United States in a manner that complies with the customs 
    and trade laws of the United States.

           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 preclearance of merchandise for 
    qualified persons that demonstrate the highest levels of compliance 
    with the customs and trade laws of the United States, regulations 
    of U.S. Customs and Border Protection, and other requirements the 
    Commissioner determines to be necessary;
        (2) ensure an integrated and transparent system of trade 
    benefits and compliance requirements for all partnership programs 
    of U.S. Customs and Border Protection;
        (3) consider consolidating partnership programs in situations 
    in which doing so would support the objectives of such programs, 
    increase participation in such programs, enhance the trade benefits 
    provided to participants in such programs, and enhance the 
    allocation of the resources of U.S. Customs and Border Protection;
        (4) coordinate with the Director of U.S. Immigration and 
    Customs Enforcement, and other Federal agencies with authority to 
    detain and release merchandise entering the United States--
            (A) to ensure coordination in the release of such 
        merchandise through the Automated Commercial Environment, or 
        its predecessor, and the International Trade Data System 
        established under section 411(d) of the Tariff Act of 1930 (19 
        U.S.C. 1411(d));
            (B) to ensure that the partnership programs of those 
        agencies are compatible with the partnership programs of U.S. 
        Customs and Border Protection;
            (C) to develop criteria for authorizing the release, on an 
        expedited basis, of merchandise for which documentation is 
        required from one or more of those agencies to clear or license 
        the merchandise for entry into the United States; and
            (D) to create pathways, within and among the appropriate 
        Federal agencies, for qualified persons that demonstrate the 
        highest levels of compliance with the customs and trade laws of 
        the United States to receive immediate clearance absent 
        information that a transaction may pose a national security or 
        compliance threat; and
        (5) ensure that trade benefits are provided to participants in 
    partnership programs.
    (c) Report Required.--Not later than the date that is 180 days 
after the date of the enactment of this Act, and not later than 
December 31 of each calendar year thereafter, the Commissioner shall 
submit to the appropriate congressional committees a report that--
        (1) identifies each partnership program referred to in 
    subsection (a);
        (2) for each such program, identifies--
            (A) the requirements for participants in the program;
            (B) the commercially significant and measurable trade 
        benefits provided to participants in the program;
            (C) the number of participants in the program; and
            (D) in the case of a program that provides for 
        participation at multiple tiers, the number of participants at 
        each such tier;
        (3) identifies the number of participants enrolled in more than 
    one such partnership program;
        (4) assesses the effectiveness of each such partnership program 
    in advancing the security, trade enforcement, and trade 
    facilitation missions of U.S. Customs and Border Protection, based 
    on historical developments, the level of participation in the 
    program, and the evolution of benefits provided to participants in 
    the program;
        (5) summarizes the efforts of U.S. Customs and Border 
    Protection to work with other Federal agencies with authority to 
    detain and release merchandise entering the United States to ensure 
    that partnership programs of those agencies are compatible with 
    partnership programs of U.S. Customs and Border Protection;
        (6) summarizes criteria developed with those agencies for 
    authorizing the release, on an expedited basis, of merchandise for 
    which documentation is required from one or more of those agencies 
    to clear or license the merchandise for entry into the United 
    States;
        (7) summarizes the efforts of U.S. Customs and Border 
    Protection to work with private sector entities and the public to 
    develop and improve such partnership programs;
        (8) describes measures taken by U.S. Customs and Border 
    Protection to make private sector entities aware of the trade 
    benefits available to participants in such partnership programs; 
    and
        (9) summarizes the plans, targets, and goals of U.S. Customs 
    and Border Protection with respect to such partnership programs for 
    the 2 years following the submission of the report.
    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;
        (2) a description of trade enforcement activities to address 
    undervaluation, transshipment, legitimacy of entities making entry, 
    protection of revenues, fraud prevention and detection, and 
    penalties, including intentional misclassification, inadequate 
    bonding, and other misrepresentations; and
        (3) a description of trade enforcement activities with respect 
    to the priority trade issues described in section 117, including--
            (A) methodologies used in such enforcement activities, such 
        as targeting;
            (B) recommendations for improving such enforcement 
        activities; and
            (C) a description of the implementation of previous 
        recommendations for improving such enforcement activities.
    (c) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    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 117.
        (3) The Centers of Excellence and Expertise described in 
    section 110.
        (4) Drawback for exported merchandise under section 313 of the 
    Tariff Act of 1930 (19 U.S.C. 1313), as amended by section 906 of 
    this Act.
        (5) Transactions relating to imported merchandise in bond.
        (6) Collection of countervailing duties assessed under subtitle 
    A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) 
    and antidumping duties assessed under subtitle B of title VII of 
    the Tariff Act of 1930 (19 U.S.C. 1673 et seq.).
        (7) The expedited clearance of cargo.
        (8) The issuance of regulations and rulings.
        (9) The issuance of Regulatory Audit Reports.
    (c) Consultations and Notification.--
        (1) Consultations.--The consultations required by subsection 
    (a)(1) shall occur, at a minimum, on an annual basis.
        (2) Notification.--The Commissioner shall notify the 
    appropriate congressional committees of any changes to the 
    priorities or performance standards referred to in subsection (a) 
    not later than 30 days before such changes are to take effect.
    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) Establishment.--The Commissioner and the Director shall 
establish and carry out on a fiscal year basis educational seminars 
to--
        (1) improve the ability of personnel of U.S. Customs and Border 
    Protection to classify and appraise articles imported into the 
    United States in accordance with the customs and trade laws of the 
    United States;
        (2) improve the trade enforcement efforts of personnel of U.S. 
    Customs and Border Protection and personnel of U.S. Immigration and 
    Customs Enforcement; and
        (3) otherwise improve the ability and effectiveness of 
    personnel of U.S. Customs and Border Protection and personnel of 
    U.S. Immigration and Customs Enforcement to facilitate legitimate 
    international trade.
    (b) Content.--
        (1) Classifying and appraising imported articles.--In carrying 
    out subsection (a)(1), the Commissioner, the Director, and 
    interested parties in the private sector selected under subsection 
    (c) shall provide instruction and related instructional materials 
    at each educational seminar carried out under this section to 
    personnel of U.S. Customs and Border Protection and, as 
    appropriate, to personnel of U.S. Immigration and Customs 
    Enforcement on the following:
            (A) Conducting a physical inspection of an article imported 
        into the United States, including testing of samples of the 
        article, to determine if the article is mislabeled in the 
        manifest or other accompanying documentation.
            (B) Reviewing the manifest and other accompanying 
        documentation of an article imported into the United States to 
        determine if the country of origin of the article listed in the 
        manifest or other accompanying documentation is accurate.
            (C) Customs valuation.
            (D) Industry supply chains and other related matters as 
        determined to be appropriate by the Commissioner.
        (2) Trade enforcement efforts.--In carrying out subsection 
    (a)(2), the Commissioner, the Director, and interested parties in 
    the private sector selected under subsection (c) shall provide 
    instruction and related instructional materials at each educational 
    seminar carried out under this section to personnel of U.S. Customs 
    and Border Protection and, as appropriate, to personnel of U.S. 
    Immigration and Customs Enforcement to identify opportunities to 
    enhance enforcement of the following:
            (A) Collection of countervailing duties assessed under 
        subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 
        1671 et seq.) and antidumping duties assessed under subtitle B 
        of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et 
        seq.).
            (B) Addressing evasion of duties on imports of textiles.
            (C) Protection of intellectual property rights.
            (D) Enforcement of child labor laws.
        (3) Approval of commissioner and director.--The instruction and 
    related instructional materials at each educational seminar carried 
    out under this section shall be subject to the approval of the 
    Commissioner and the Director.
    (c) Selection Process.--
        (1) In general.--The Commissioner shall establish a process to 
    solicit, evaluate, and select interested parties in the private 
    sector for purposes of assisting in providing instruction and 
    related instructional materials described in subsection (b) at each 
    educational seminar carried out under this section.
        (2) Criteria.--The Commissioner shall evaluate and select 
    interested parties in the private sector under the process 
    established under paragraph (1) based on--
            (A) availability and usefulness;
            (B) the volume, value, and incidence of mislabeling or 
        misidentification of origin of imported articles; and
            (C) other appropriate criteria established by the 
        Commissioner.
        (3) Public availability.--The Commissioner and the Director 
    shall publish in the Federal Register a detailed description of the 
    process established under paragraph (1) and the criteria 
    established under paragraph (2).
    (d) Special Rule for Antidumping and Countervailing Duty Orders.--
        (1) In general.--The Commissioner shall give due consideration 
    to carrying out an educational seminar under this section in whole 
    or in part to improve the ability of personnel of U.S. Customs and 
    Border Protection to enforce a countervailing or antidumping duty 
    order issued under section 706 or 736 of the Tariff Act of 1930 (19 
    U.S.C. 1671e or 1673e) upon the request of a petitioner in an 
    action underlying such countervailing or antidumping duty order.
        (2) Interested party.--A petitioner described in paragraph (1) 
    shall be treated as an interested party in the private sector for 
    purposes of the requirements of this section.
    (e) Performance Standards.--The Commissioner and the Director shall 
establish performance standards to measure the development and level of 
achievement of educational seminars carried out under this section.
    (f) Reporting.--Not later than September 30, 2016, and annually 
thereafter, the Commissioner and the Director shall submit to the 
appropriate congressional committees a report on the effectiveness of 
educational seminars carried out under this section.
    (g) Definitions.--In this section:
        (1) Director.--The term ``Director'' means the Director of U.S. 
    Immigration and Customs Enforcement.
        (2) United states.--The term ``United States'' means the 
    customs territory of the United States, as defined in General Note 
    2 to the Harmonized Tariff Schedule of the United States.
        (3) U.S. customs and border protection personnel.--The term 
    ``U.S. Customs and Border Protection personnel'' means import 
    specialists, auditors, and other appropriate employees of the U.S. 
    Customs and Border Protection.
        (4) U.S. immigration and customs enforcement personnel.--The 
    term ``U.S. Immigration and Customs Enforcement personnel'' means 
    Homeland Security Investigations Directorate personnel and other 
    appropriate employees of U.S. Immigration and Customs Enforcement.
    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 multiyear plan for trade 
enforcement and trade facilitation, and shall include--
        (1) a summary of actions taken during the 2-year period 
    preceding the submission of the plan to improve trade enforcement 
    and trade facilitation, including a description and analysis of 
    specific performance measures to evaluate the progress of U.S. 
    Customs and Border Protection and U.S. Immigration and Customs 
    Enforcement in meeting each such responsibility;
        (2) a statement of objectives and plans for further improving 
    trade enforcement and trade facilitation;
        (3) a specific identification of the priority trade issues 
    described in section 117 that can be addressed in order to enhance 
    trade enforcement and trade facilitation, and a description of 
    strategies and plans for addressing each such issue, including--
            (A) a description of the targeting methodologies used for 
        enforcement activities with respect to each such issue;
            (B) recommendations for improving such enforcement 
        activities; and
            (C) a description of the implementation of previous 
        recommendations for improving such enforcement activities;
        (4) a description of efforts made to improve consultation and 
    coordination among and within Federal agencies, and in particular 
    between U.S. Customs and Border Protection and U.S. Immigration and 
    Customs Enforcement, regarding trade enforcement and trade 
    facilitation;
        (5) a description of the training that has occurred to date 
    within U.S. Customs and Border Protection and U.S. Immigration and 
    Customs Enforcement to improve trade enforcement and trade 
    facilitation, including training at educational seminars carried 
    out under section 104;
        (6) a description of efforts to work with the World Customs 
    Organization and other international organizations, in consultation 
    with other Federal agencies as appropriate, with respect to 
    enhancing trade enforcement and trade facilitation;
        (7) a description of U.S. Custom and Border Protection 
    organizational benchmarks for optimizing staffing and wait times at 
    ports of entry;
        (8) a specific identification of any domestic or international 
    best practices that may further improve trade enforcement and trade 
    facilitation;
        (9) any legislative recommendations to further improve trade 
    enforcement and trade facilitation; and
        (10) a description of efforts made to improve consultation and 
    coordination with the private sector to enhance trade enforcement 
    and trade facilitation.
    (c) Consultations.--
        (1) In general.--In developing the joint strategic plan 
    required under this section, the Commissioner and the Director of 
    U.S. Immigration and Customs Enforcement shall consult with--
            (A) appropriate officials from relevant Federal agencies, 
        including--
                (i) the Department of the Treasury;
                (ii) the Department of Agriculture;
                (iii) the Department of Commerce;
                (iv) the Department of Justice;
                (v) the Department of the Interior;
                (vi) the Department of Health and Human Services;
                (vii) the Food and Drug Administration;
                (viii) the Consumer Product Safety Commission; and
                (ix) the Office of the United States Trade 
            Representative; and
            (B) the Commercial Customs Operations Advisory Committee 
        established by section 109.
        (2) Other consultations.--In developing the joint strategic 
    plan required under this section, the Commissioner and the Director 
    shall seek to consult with--
            (A) appropriate officials from relevant foreign law 
        enforcement agencies and international organizations, including 
        the World Customs Organization; and
            (B) interested parties in the private sector.
    (d) Form of Plan.--The joint strategic plan required under this 
section shall be submitted in unclassified form, but may include a 
classified annex.
    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.--
        (1) In general.--Not later than December 31, 2016, the 
    Commissioner shall submit to the Committee on Appropriations and 
    the Committee on Finance of the Senate and the Committee on 
    Appropriations and the Committee on Ways and Means of the House of 
    Representatives a report detailing--
            (A) U.S. Customs and Border Protection's incorporation of 
        all core trade processing capabilities, including cargo 
        release, entry summary, cargo manifest, cargo financial data, 
        and export data elements, into the Automated Commercial 
        Environment not later than September 30, 2016, to conform with 
        the admissibility criteria of agencies participating in the 
        International Trade Data System identified pursuant to 
        paragraph (4)(A)(iii) of section 411(d) of the Tariff Act of 
        1930 (19 U.S.C. 1411(d)), as added by section 107 of this Act;
            (B) U.S. Customs and Border Protection's remaining 
        priorities for processing entry summary data elements, cargo 
        manifest data elements, cargo financial data elements, and 
        export elements in the Automated Commercial Environment, and 
        the objectives and plans for implementing these remaining 
        priorities;
            (C) the components of the National Customs Automation 
        Program specified in section 411(a)(2) of the Tariff Act of 
        1930 that have not been implemented; and
            (D) any additional components of the National Customs 
        Automation Program initiated by the Commissioner to complete 
        the development, establishment, and implementation of the 
        Automated Commercial Environment.
        (2) Update of reports.--Not later than September 30, 2017, the 
    Commissioner shall submit to the Committee on Appropriations and 
    the Committee on Finance of the Senate and the Committee on 
    Appropriations and the Committee on Ways and Means of the House of 
    Representatives an updated report addressing each of the matters 
    referred to in paragraph (1), and--
            (A) evaluating the effectiveness of the implementation of 
        the Automated Commercial Environment; and
            (B) detailing the percentage of trade processed in the 
        Automated Commercial Environment every month since September 
        30, 2016.
        (3) Repeal.--Section 311(b) of the Customs Border Security Act 
    of 2002 (19 U.S.C. 2075 note) is amended by striking paragraph (3).
    (c) Government Accountability Office Report.--Not later than 
December 31, 2017, the Comptroller General of the United States shall 
submit to the Committee on Appropriations and the Committee on Finance 
of the Senate and the Committee on Appropriations and the Committee on 
Ways and Means of the House of Representatives a report--
        (1) assessing the progress of other Federal agencies in 
    accessing and utilizing the Automated Commercial Environment; and
        (2) assessing the potential cost savings to the United States 
    Government and importers and exporters and the potential benefits 
    to enforcement of the customs and trade laws of the United States 
    if the elements identified in subparagraphs (A) through (D) of 
    subsection (b)(1) are implemented.
    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 would 
        compromise national security.''; and
        (3) in paragraph (8), as redesignated, by striking ``section 
    9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 
    2071 note)'' and inserting ``section 109 of the Trade Facilitation 
    and Trade Enforcement Act of 2015''.
    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 with the appropriate congressional 
committees--
        (1) not later than 30 days before initiating negotiations to 
    enter into any such arrangement or similar agreement; and
        (2) not later than 30 days before entering into any such 
    arrangement or similar agreement.
    (b) Negotiating Objective.--It shall be a negotiating objective of 
the United States in any negotiation for a mutual recognition 
arrangement or similar agreement with a foreign country on partnership 
programs, such as the Customs-Trade Partnership Against Terrorism 
established under subtitle B of title II of the Security and 
Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), to 
seek to ensure the compatibility of the partnership programs of that 
country with the partnership programs of U.S. Customs and Border 
Protection to enhance security, trade facilitation, and trade 
enforcement.
    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, who shall serve as 
        deputy co-chairs of meetings of the Advisory Committee.
        (2) Appointment.--
            (A) In general.--The Secretary of the Treasury and the 
        Secretary of Homeland Security shall jointly appoint 20 
        individuals from the private sector to the Advisory Committee.
            (B) Requirements.--In making appointments under 
        subparagraph (A), the Secretary of the Treasury and the 
        Secretary of Homeland Security shall appoint members--
                (i) to ensure that the membership of the Advisory 
            Committee is representative of the individuals and firms 
            affected by the commercial operations of U.S. Customs and 
            Border Protection; and
                (ii) without regard to political affiliation.
            (C) Terms.--Each individual appointed to the Advisory 
        Committee under this paragraph shall be appointed for a term of 
        not more than 3 years, and may be reappointed to subsequent 
        terms, but may not serve more than 2 terms sequentially.
        (3) Transfer of membership.--The Secretary of the Treasury and 
    the Secretary of Homeland Security may transfer members serving on 
    the Advisory Committee on Commercial Operations of the United 
    States Customs Service established under section 9503(c) of the 
    Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) on 
    the day before the date of the enactment of this Act to the 
    Advisory Committee established under subsection (a).
    (c) Duties.--The Advisory Committee established under subsection 
(a) shall--
        (1) advise the Secretary of the Treasury and the Secretary of 
    Homeland Security on all matters involving the commercial 
    operations of U.S. Customs and Border Protection, including 
    advising with respect to significant changes that are proposed with 
    respect to regulations, policies, or practices of U.S. Customs and 
    Border Protection;
        (2) provide recommendations to the Secretary of the Treasury 
    and the Secretary of Homeland Security on improvements to the 
    commercial operations of U.S. Customs and Border Protection;
        (3) collaborate in developing the agenda for Advisory Committee 
    meetings; and
        (4) perform such other functions relating to the commercial 
    operations of U.S. Customs and Border Protection as prescribed by 
    law or as the Secretary of the Treasury and the Secretary of 
    Homeland Security jointly direct.
    (d) Meetings.--Notwithstanding section 10(f) of the Federal 
Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall 
meet at the call of the Secretary of the Treasury and the Secretary of 
Homeland Security, or at the call of not less than \2/3\ of the 
membership of the Advisory Committee. The Advisory Committee shall meet 
at least 4 times each calendar year.
    (e) Annual Report.--Not later than December 31, 2016, and annually 
thereafter, the Advisory Committee shall submit to the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of Representatives a report that--
        (1) describes the activities of the Advisory Committee during 
    the preceding fiscal year; and
        (2) sets forth any recommendations of the Advisory Committee 
    regarding the commercial operations of U.S. Customs and Border 
    Protection.
    (f) Termination.--Section 14(a)(2) of the Federal Advisory 
Committee Act (5 U.S.C. App.; relating to the termination of advisory 
committees) shall not apply to the Advisory Committee.
    (g) Conforming Amendment.--
        (1) In general.--Effective on the date on which the Advisory 
    Committee is established under subsection (a), section 9503(c) of 
    the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) 
    is repealed.
        (2) Reference.--Any reference in law to the Advisory Committee 
    on Commercial Operations of the United States Customs Service 
    established under section 9503(c) of the Omnibus Budget 
    Reconciliation Act of 1987 (19 U.S.C. 2071 note) made on or after 
    the date on which the Advisory Committee is established under 
    subsection (a), shall be deemed a reference to the Commercial 
    Customs Operations Advisory Committee established under subsection 
    (a).
    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 under section 109, develop 
and implement Centers of Excellence and Expertise throughout U.S. 
Customs and Border Protection that--
        (1) enhance the economic competitiveness of the United States 
    by consistently enforcing the laws and regulations of the United 
    States at all ports of entry of the United States and by 
    facilitating the flow of legitimate trade through increasing 
    industry-based knowledge;
        (2) improve enforcement efforts, including enforcement of 
    priority trade issues described in section 117, in specific 
    industry sectors through the application of targeting information 
    from the National Targeting Center under section 111 and from other 
    means of verification;
        (3) build upon the expertise of U.S. Customs and Border 
    Protection in particular industry operations, supply chains, and 
    compliance requirements;
        (4) promote the uniform implementation at each port of entry of 
    the United States of policies and regulations relating to imports;
        (5) centralize the trade enforcement and trade facilitation 
    efforts of U.S. Customs and Border Protection;
        (6) formalize an account-based approach to apply, as the 
    Commissioner determines appropriate, to the importation of 
    merchandise into the United States;
        (7) foster partnerships though the expansion of trade programs 
    and other trusted partner programs;
        (8) develop applicable performance measurements to meet 
    internal efficiency and effectiveness goals; and
        (9) whenever feasible, facilitate a more efficient flow of 
    information between Federal agencies.
    (b) Report.--Not later than December 31, 2016, the Commissioner 
shall submit to the appropriate congressional committees a report 
describing--
        (1) the scope, functions, and structure of each Center of 
    Excellence and Expertise developed and implemented under subsection 
    (a);
        (2) the effectiveness of each such Center of Excellence and 
    Expertise in improving enforcement efforts, including enforcement 
    of priority trade issues described in section 117, and facilitating 
    legitimate trade;
        (3) the quantitative and qualitative benefits of each such 
    Center of Excellence and Expertise to the trade community, 
    including through fostering partnerships through the expansion of 
    trade programs such as the Importer Self Assessment program and 
    other trusted partner programs;
        (4) all applicable performance measurements with respect to 
    each such Center of Excellence and Expertise, including performance 
    measures with respect to meeting internal efficiency and 
    effectiveness goals;
        (5) the performance of each such Center of Excellence and 
    Expertise in increasing the accuracy and completeness of data with 
    respect to international trade and facilitating a more efficient 
    flow of information between Federal agencies; and
        (6) any planned changes in the number, scope, functions, or any 
    other aspect of the Centers of Excellence and Expertise developed 
    and implemented under subsection (a).
    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, in 
coordination with the Office of Trade established under section 4 of 
the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et 
seq.), as added by section 802(h) of this Act, as appropriate, shall--
        (1) establish targeted risk assessment methodologies and 
    standards--
            (A) for evaluating the risk that cargo destined for the 
        United States may violate the customs and trade laws of the 
        United States, particularly those laws applicable to 
        merchandise subject to the priority trade issues described in 
        section 117; and
            (B) for issuing, as appropriate, Trade Alerts described in 
        subsection (b);
        (2) to the extent practicable and otherwise authorized by law, 
    use, to administer the methodologies and standards established 
    under paragraph (1)--
            (A) publicly available information;
            (B) information available from the Automated Commercial 
        System, the Automated Commercial Environment, the Automated 
        Targeting System, the Automated Export System, the 
        International Trade Data System established under section 
        411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)), the TECS 
        (formerly known as the ``Treasury Enforcement Communications 
        System''), the case management system of U.S. Immigration and 
        Customs Enforcement, and any successor systems; and
            (C) information made available to the National Targeting 
        Center, including information provided by private sector 
        entities;
        (3) provide for the receipt and transmission to the appropriate 
    U.S. Customs and Border Protection offices of allegations from 
    interested parties in the private sector of violations of customs 
    and trade laws of the United States with respect to merchandise 
    relating to the priority trade issues described in section 117; and
        (4) notify, on a timely basis, each interested party in the 
    private sector that has submitted an allegation of any violation of 
    the customs and trade laws of the United States of any civil or 
    criminal actions taken by U.S. Customs and Border Protection or any 
    other Federal agency resulting from the allegation.
    (b) Trade Alerts.--
        (1) Issuance.--In carrying out its duties under section 
    411(g)(4) of the Homeland Security Act of 2002, as added by section 
    802(a) of this Act, and based upon the application of the targeted 
    risk assessment methodologies and standards established under 
    subsection (a), the Executive Director of the National Targeting 
    Center may issue Trade Alerts to directors of United States ports 
    of entry directing further inspection, or physical examination or 
    testing, of specific merchandise to ensure compliance with all 
    applicable customs and trade laws of the United States and 
    regulations administered by U.S. Customs and Border Protection.
        (2) Determinations not to implement trade alerts.--The director 
    of a United States port of entry may determine not to conduct 
    further inspections, or physical examination or testing, pursuant 
    to a Trade Alert issued under paragraph (1) if the director--
            (A) finds that such a determination is justified by port 
        security interests; and
            (B) not later than 48 hours after making the determination, 
        notifies the Assistant Commissioner of the Office of Field 
        Operations of U.S. Customs and Border Protection of the 
        determination and the reasons for the determination.
        (3) Summary of determinations not to implement.--The Assistant 
    Commissioner of the Office of Field Operations of U.S. Customs and 
    Border Protection shall--
            (A) compile an annual summary of all determinations by 
        directors of United States ports of entry under paragraph (2) 
        and the reasons for those determinations;
            (B) conduct an evaluation of the utilization of Trade 
        Alerts issued under paragraph (1); and
            (C) not later than December 31 of each calendar year, 
        submit the summary to the appropriate congressional committees.
        (4) Inspection defined.--In this subsection, the term 
    ``inspection'' means the comprehensive evaluation process used by 
    U.S. Customs and Border Protection, other than physical examination 
    or testing, to permit the entry of merchandise into the United 
    States, or the clearance of merchandise for transportation in bond 
    through the United States, for purposes of--
            (A) assessing duties;
            (B) identifying restricted or prohibited items; and
            (C) ensuring compliance with all applicable customs and 
        trade laws of the United States and regulations administered by 
        U.S. Customs and Border Protection.
    (c) Use of Trade Data for Commercial Enforcement Purposes.--Section 
343(a)(3)(F) of the Trade Act of 2002 (19 U.S.C. 2071 note) is amended 
to read as follows:
            ``(F) The information collected pursuant to the regulations 
        shall be used exclusively for ensuring cargo safety and 
        security, preventing smuggling, and commercial risk assessment 
        targeting, and shall not be used for any commercial enforcement 
        purposes, including for determining merchandise entry. 
        Notwithstanding the preceding sentence, nothing in this section 
        shall be treated as amending, repealing, or otherwise modifying 
        title IV of the Tariff Act of 1930 or regulations promulgated 
        thereunder.''.
    SEC. 112. REPORT ON OVERSIGHT OF REVENUE PROTECTION AND ENFORCEMENT 
      MEASURES.
    (a) In General.--Not later than June 30, 2016, and not later than 
March 31 of each second year thereafter, the Inspector General of the 
Department of the Treasury shall submit to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives a report assessing, with respect to the period covered 
by the report, as specified in subsection (b), the following:
        (1) The effectiveness of the measures taken by U.S. Customs and 
    Border Protection with respect to protection of revenue, 
    including--
            (A) the collection of countervailing duties assessed under 
        subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 
        1671 et seq.) and antidumping duties assessed under subtitle B 
        of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et 
        seq.);
            (B) the assessment, collection, and mitigation of 
        commercial fines and penalties;
            (C) the use of bonds, including continuous and single 
        transaction bonds, to secure that revenue; and
            (D) the adequacy of the policies of U.S. Customs and Border 
        Protection with respect to the monitoring and tracking of 
        merchandise transported in bond and collecting duties, as 
        appropriate.
        (2) The effectiveness of actions taken by U.S. Customs and 
    Border Protection to measure accountability and performance with 
    respect to protection of revenue.
        (3) The number and outcome of investigations instituted by U.S. 
    Customs and Border Protection with respect to the underpayment of 
    duties.
        (4) The effectiveness of training with respect to the 
    collection of duties provided for personnel of U.S. Customs and 
    Border Protection.
    (b) Period Covered by Report.--Each report required by subsection 
(a) shall cover the period of 2 fiscal years ending on September 30 of 
the calendar year preceding the submission of the report.
    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 section, the term ``number'', with 
respect to an importer of record, means a filing identification number 
described in section 24.5 of title 19, Code of Federal Regulations (or 
any corresponding similar regulation) that fully supports the 
requirements of subsection (b) with respect to the collection and 
maintenance of information.
    SEC. 115. ESTABLISHMENT OF IMPORTER RISK ASSESSMENT 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 
program that directs U.S. Customs and Border Protection to adjust bond 
amounts for importers, including new importers and nonresident 
importers, based on risk assessments of such importers conducted by 
U.S. Customs and Border Protection, in order to protect the revenue of 
the Federal Government.
    (b) Requirements.--The Commissioner shall ensure that, as part of 
the program established under subsection (a), U.S. Customs and Border 
Protection--
        (1) develops risk assessment guidelines for importers, 
    including new importers and nonresident importers, to determine if 
    and to what extent--
            (A) to adjust bond amounts of imported products of such 
        importers; and
            (B) to increase screening of imported products of such 
        importers;
        (2) develops procedures to ensure increased oversight of 
    imported products of new importers, including nonresident 
    importers, relating to the enforcement of the priority trade issues 
    described in section 117;
        (3) develops procedures to ensure increased oversight of 
    imported products of new importers, including new nonresident 
    importers, by Centers of Excellence and Expertise established under 
    section 110; and
        (4) establishes a centralized database of new importers, 
    including new nonresident importers, to ensure accuracy of 
    information that is required to be provided by such importers to 
    U.S. Customs and Border Protection.
    (c) Exclusion of Certain Importers.--This section shall not apply 
to an importer that is a validated Tier 2 or Tier 3 participant in the 
Customs-Trade Partnership Against Terrorism program established under 
subtitle B of title II of the Security and Accountability for Every 
Port Act of 2006 (6 U.S.C. 961 et seq.).
    (d) Report.--Not later than the date that is 2 years after the date 
of the enactment of this Act, the Inspector General of the Department 
of the Treasury shall submit to the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of Representatives a 
report detailing--
        (1) the risk assessment guidelines developed under subsection 
    (b)(1);
        (2) the procedures developed under subsection (b)(2) to ensure 
    increased oversight of imported products of new importers, 
    including new nonresident importers, relating to the enforcement of 
    priority trade issues described in section 117;
        (3) the procedures developed under subsection (b)(3) to ensure 
    increased oversight of imported products of new importers, 
    including new nonresident importers, by Centers of Excellence and 
    Expertise established under section 110; and
        (4) the number of bonds adjusted based on the risk assessment 
    guidelines developed under subsection (b)(1).
    (e) Definitions.--In this section:
        (1) Importer.--The term ``importer'' means one of the parties 
    qualifying as an importer of record under section 484(a)(2)(B) of 
    the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)).
        (2) Nonresident importer.--The term ``nonresident importer'' 
    means an importer who is--
            (A) an individual who is not a citizen of the United States 
        or an alien lawfully admitted for permanent residence in the 
        United States; or
            (B) a partnership, corporation, or other commercial entity 
        that is not organized under the laws of a jurisdiction within 
        the customs territory of the United States (as such term is 
        defined in General Note 2 of the Harmonized Tariff Schedule of 
        the United States) or in the Virgin Islands of the United 
        States.
    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 required under 
    paragraph (1) shall, at a minimum--
            ``(A) identify the information that an importer, including 
        a nonresident importer, is required to submit to a broker and 
        that a broker is required to collect in order to verify the 
        identity of the importer;
            ``(B) identify reasonable procedures that a broker is 
        required to follow in order to verify the authenticity of 
        information collected from an importer; and
            ``(C) require a broker to maintain records of the 
        information collected by the broker to verify the identity of 
        an importer.
        ``(3) Penalties.--Any customs broker who fails to collect 
    information required under the regulations prescribed under this 
    subsection shall be liable to the United States, at the discretion 
    of the Secretary, for a monetary penalty not to exceed $10,000 for 
    each violation of those regulations and shall be subject to 
    revocation or suspension of a license or permit of the customs 
    broker pursuant to the procedures set forth in subsection (d). This 
    penalty shall be assessed in the same manner and under the same 
    procedures as the monetary penalties provided for in subsection 
    (d)(2)(A).
        ``(4) Definitions.--In this subsection:
            ``(A) Importer.--The term `importer' means one of the 
        parties qualifying as an importer of record under section 
        484(a)(2)(B).
            ``(B) Nonresident importer.--The term `nonresident 
        importer' means an importer who is--
                ``(i) an individual who is not a citizen of the United 
            States or an alien lawfully admitted for permanent 
            residence in the United States; or
                ``(ii) a partnership, corporation, or other commercial 
            entity that is not organized under the laws of a 
            jurisdiction within the customs territory of the United 
            States (as such term is defined in General Note 2 of the 
            Harmonized Tariff Schedule of the United States) or in the 
            Virgin Islands of the United States.''.
    (b) Study and Report Required.--Not later than the date that is 180 
days after the date of the enactment of this Act, the Commissioner 
shall submit to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives a report 
containing recommendations for--
        (1) determining the most timely and effective way to require 
    foreign nationals to provide customs brokers with appropriate and 
    accurate information, comparable to that which is required of 
    United States nationals, concerning the identity, address, and 
    other related information relating to such foreign nationals 
    necessary to enable customs brokers to comply with the requirements 
    of section 641(i) of the Tariff Act of 1930 (as added by subsection 
    (a) of this section); and
        (2) establishing a system for customs brokers to review 
    information maintained by relevant Federal agencies for purposes of 
    verifying the identities of importers, including nonresident 
    importers, seeking to import merchandise into the United States.
    SEC. 117. 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)(A) in the case of new priority trade issues, submits to the 
    appropriate congressional committees a summary of proposals to 
    establish such new priority trade issues not later than 30 days 
    after such new priority trade issues are to take effect; and
        (B) in the case of existing priority trade issues, submits to 
    the appropriate congressional committees a summary of proposals to 
    eliminate, consolidate, or otherwise modify such existing priority 
    trade issues not later than 60 days before such changes are to take 
    effect.
    SEC. 118. 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 Governmental 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 into the United States 
    and the expeditious entry of such merchandise, including--
            (A) minimizing the duplication of efforts among Federal 
        agencies the heads of which are members of the interagency 
        Import Safety Working Group and ensuring the compatibility of 
        the policies and regulations of those agencies; and
            (B) recommending additional administrative actions, as 
        appropriate, designed to ensure the safety of merchandise 
        imported into the United States and the expeditious entry of 
        such merchandise and considering the impact of those actions on 
        private sector entities;
        (3) reviewing the engagement and cooperation of foreign 
    governments and foreign manufacturers in facilitating the 
    inspection and certification, as appropriate, of such merchandise 
    to be imported into the United States and the facilities producing 
    such merchandise to ensure the safety of the merchandise and the 
    expeditious entry of the merchandise into the United States;
        (4) identifying best practices, in consultation with private 
    sector entities as appropriate, to assist United States importers 
    in taking all appropriate steps to ensure the safety of merchandise 
    imported into the United States, including with respect to--
            (A) the inspection of manufacturing facilities in foreign 
        countries;
            (B) the inspection of merchandise destined for the United 
        States before exportation from a foreign country or before 
        distribution in the United States; and
            (C) the protection of the international supply chain (as 
        defined in section 2 of the Security and Accountability For 
        Every Port Act of 2006 (6 U.S.C. 901));
        (5) identifying best practices to assist Federal, State, and 
    local governments and agencies, and port authorities, to improve 
    communication and coordination among such agencies and authorities 
    with respect to ensuring the safety of merchandise imported into 
    the United States and the expeditious entry of such merchandise; 
    and
        (6) otherwise identifying appropriate steps to increase the 
    accountability of United States importers and the engagement of 
    foreign government agencies with respect to ensuring the safety of 
    merchandise imported into the United States and the expeditious 
    entry of such merchandise.
    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 at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
            ``(G) U.S. Customs and Border Protection determines it is a 
        technology, product, service, device, component, or part 
        thereof the importation of which is prohibited under subsection 
        (a)(2) or (b)(1) of section 1201 of title 17, United States 
        Code.''.
    (b) Notification of Persons Injured.--
        (1) In general.--Not later than the date that is 30 business 
    days after seizing merchandise pursuant to subparagraph (G) of 
    section 596(c)(2) of the Tariff Act of 1930, as added by subsection 
    (a), the Commissioner shall provide to any person identified under 
    paragraph (2) information regarding the merchandise seized that is 
    equivalent to information provided to copyright owners under 
    regulations of U.S. Customs and Border Protection for merchandise 
    seized for violation of the copyright laws.
        (2) Persons to be provided information.--Any person injured by 
    the violation of subsection (a)(2) or (b)(1) of section 1201 of 
    title 17, United States Code, that resulted in the seizure of the 
    merchandise shall be provided information under paragraph (1), if 
    that person is included on a list to be established and maintained 
    by the Commissioner. The Commissioner shall publish notice of the 
    establishment of and revisions to the list in the Federal Register.
        (3) Regulations.--Not later than the date that is one year 
    after the date of the enactment of this Act, the Secretary of the 
    Treasury shall prescribe regulations establishing procedures that 
    implement this subsection.
    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 September 30, 2016, and annually thereafter, the 
Commissioner and the Director of U.S. Immigration and Customs 
Enforcement shall jointly submit to the Committee on Finance of the 
Senate, the Committee on Ways and Means of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Committee on Homeland Security of the 
House of Representatives a report that contains the following:
        (1) With respect to the enforcement of intellectual property 
    rights, the following:
            (A) The number of referrals, during the preceding year, 
        from U.S. Customs and Border Protection to U.S. Immigration and 
        Customs Enforcement relating to infringement of intellectual 
        property rights.
            (B) The number of investigations relating to the 
        infringement of intellectual property rights referred by U.S. 
        Immigration and Customs Enforcement to a United States attorney 
        for prosecution and the United States attorneys to which those 
        investigations were referred.
            (C) The number of such investigations accepted by each such 
        United States attorney and the status or outcome of each such 
        investigation.
            (D) The number of such investigations that resulted in the 
        imposition of civil or criminal penalties.
            (E) A description of the efforts of U.S. Customs and Border 
        Protection and U.S. Immigration and Customs Enforcement to 
        improve the success rates of investigations and prosecutions 
        relating to the infringement of intellectual property rights.
        (2) An estimate of the average time required by the Office of 
    Trade established under section 4 of the Act of March 3, 1927 (44 
    Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), as added by 
    section 802(h) of this Act, to respond to a request from port 
    personnel for advice with respect to whether merchandise detained 
    by U.S. Customs and Border Protection infringed intellectual 
    property rights, distinguished by types of intellectual property 
    rights infringed.
        (3) A summary of the outreach efforts of U.S. Customs and 
    Border Protection and U.S. Immigration and Customs Enforcement with 
    respect to--
            (A) the interdiction and investigation of, and the sharing 
        of information between those agencies and other Federal 
        agencies to prevent, the infringement of intellectual property 
        rights;
            (B) collaboration with private sector entities--
                (i) to identify trends in the infringement of, and 
            technologies that infringe, intellectual property rights;
                (ii) to identify opportunities for enhanced training of 
            officers of U.S. Customs and Border Protection and U.S. 
            Immigration and Customs Enforcement; and
                (iii) to develop best practices to enforce intellectual 
            property rights; and
            (C) coordination with foreign governments and international 
        organizations with respect to the enforcement of intellectual 
        property rights.
        (4) A summary of the efforts of U.S. Customs and Border 
    Protection and U.S. Immigration and Customs Enforcement to address 
    the challenges with respect to the enforcement of intellectual 
    property rights presented by Internet commerce and the transit of 
    small packages and an identification of the volume, value, and type 
    of merchandise seized for infringing intellectual property rights 
    as a result of such efforts.
        (5) A summary of training relating to the enforcement of 
    intellectual property rights conducted under section 308 and 
    expenditures for such training.
    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 ``Enforce and Protect Act of 2015''.
    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 (19 U.S.C. 1671e); or
            (B) an antidumping duty order issued under section 736 of 
        the Tariff Act of 1930 (19 U.S.C. 1673e).
        (3) Eligible small business.--
            (A) In general.--The term ``eligible small business'' means 
        any business concern that, in the judgment of the Commissioner, 
        due to its small size, has neither adequate internal resources 
        nor financial ability to obtain qualified outside assistance in 
        preparing and submitting for consideration allegations of 
        evasion.
            (B) Nonreviewability.--Any agency decision regarding 
        whether a business concern is an eligible small business for 
        purposes of section 411(b)(4)(E) is not reviewable by any other 
        agency or by any court.
        (4) Enter; entry.--The terms ``enter'' and ``entry'' refer to 
    the entry, or withdrawal from warehouse for consumption, of 
    merchandise in the customs territory of the United States.
        (5) Evade; evasion.--The terms ``evade'' and ``evasion'' refer 
    to entering covered merchandise into the customs territory of the 
    United States by means of any document or electronically 
    transmitted data or information, written or oral statement, or act 
    that is material and false, or any omission that is material, and 
    that results in any cash deposit or other security or any amount of 
    applicable antidumping or countervailing duties being reduced or 
    not being applied with respect to the merchandise.
        (6) Secretary.--The term ``Secretary'' means the Secretary of 
    the Treasury.
        (7) Trade remedy laws.--The term ``trade remedy laws'' means 
    title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.).
    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 Trade established under 
    section 4 of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 
    19 U.S.C. 2071 et seq.), as added by section 802(h) of this Act, a 
    Trade Remedy Law Enforcement Division.
        (2) Composition.--The Trade Remedy Law Enforcement Division 
    shall be composed of--
            (A) headquarters personnel led by a Director, who shall 
        report to the Executive Assistant Commissioner of the Office of 
        Trade; and
            (B) a National Targeting and Analysis Group dedicated to 
        preventing and countering evasion.
        (3) Duties.--The Trade Remedy Law Enforcement Division shall be 
    dedicated--
            (A) to the development and administration of policies to 
        prevent and counter evasion, including policies relating to the 
        implementation of section 517 of the Tariff Act of 1930, as 
        added by section 421 of this Act;
            (B) to direct enforcement and compliance assessment 
        activities concerning evasion;
            (C) to the development and conduct of commercial risk 
        assessment targeting with respect to cargo destined for the 
        United States in accordance with subsection (c);
            (D) to issuing Trade Alerts described in subsection (d); 
        and
            (E) to the development of policies for the application of 
        single entry and continuous bonds for entries of covered 
        merchandise to sufficiently protect the collection of 
        antidumping and countervailing duties commensurate with the 
        level of risk of noncollection.
    (b) Duties of Director.--The duties of the Director of the Trade 
Remedy Law Enforcement Division shall include--
        (1) directing the trade enforcement and compliance assessment 
    activities of U.S. Customs and Border Protection that concern 
    evasion;
        (2) facilitating, promoting, and coordinating cooperation and 
    the exchange of information between U.S. Customs and Border 
    Protection, U.S. Immigration and Customs Enforcement, and other 
    relevant Federal agencies regarding evasion;
        (3) notifying on a timely basis the administering authority (as 
    defined in section 771(1) of the Tariff Act of 1930 (19 U.S.C. 
    1677(1))) and the Commission (as defined in section 771(2) of the 
    Tariff Act of 1930 (19 U.S.C. 1677(2))) of any finding, 
    determination, civil action, or criminal action taken by U.S. 
    Customs and Border Protection or other Federal agency regarding 
    evasion;
        (4) serving as the primary liaison between U.S. Customs and 
    Border Protection and the public regarding activities concerning 
    evasion, including activities relating to investigations conducted 
    under section 517 of the Tariff Act of 1930, as added by section 
    421 of this Act, which include--
            (A) receiving allegations of evasion from parties, 
        including allegations described in section 517(b)(2) of the 
        Tariff Act of 1930, as so added;
            (B) upon request by the party or parties that submitted 
        such an allegation of evasion, providing information to such 
        party or parties on the status of U.S. Customs and Border 
        Protection's consideration of the allegation and decision to 
        pursue or not pursue any administrative inquiries or other 
        actions, such as changes in policies, procedures, or resource 
        allocation as a result of the allegation;
            (C) as needed, requesting from the party or parties that 
        submitted such an allegation of evasion any additional 
        information that may be relevant for U.S. Customs and Border 
        Protection determining whether to initiate an administrative 
        inquiry or take any other action regarding the allegation;
            (D) notifying on a timely basis the party or parties that 
        submitted such an allegation of the results of any 
        administrative, civil, or criminal actions taken by U.S. 
        Customs and Border Protection or other Federal agency regarding 
        evasion as a direct or indirect result of the allegation;
            (E) upon request, providing technical assistance and advice 
        to eligible small businesses to enable such businesses to 
        prepare and submit such an allegation of evasion, except that 
        the Director may deny technical assistance if the Director 
        concludes that the allegation, if submitted, would not lead to 
        the initiation of an administrative inquiry or any other action 
        to address the allegation;
            (F) in cooperation with the public, the Commercial Customs 
        Operations Advisory Committee established under section 109, 
        the Trade Support Network, and any other relevant parties and 
        organizations, developing guidelines on the types and nature of 
        information that may be provided in such an allegation of 
        evasion; and
            (G) consulting regularly with the public, the Commercial 
        Customs Operations Advisory Committee, the Trade Support 
        Network, and any other relevant parties and organizations 
        regarding the development and implementation of regulations, 
        interpretations, and policies related to countering evasion.
    (c) Preventing and Countering Evasion of the Trade Remedy Laws.--In 
carrying out its duties with respect to preventing and countering 
evasion, the National Targeting and Analysis Group dedicated to 
preventing and countering evasion shall--
        (1) establish targeted risk assessment methodologies and 
    standards--
            (A) for evaluating the risk that cargo destined for the 
        United States may constitute evading covered merchandise; and
            (B) for issuing, as appropriate, Trade Alerts described in 
        subsection (d); and
        (2) to the extent practicable and otherwise authorized by law, 
    use information available from the Automated Commercial System, the 
    Automated Commercial Environment, the Automated Targeting System, 
    the Automated Export System, the International Trade Data System 
    established under section 411(d) of the Tariff Act of 1930 (19 
    U.S.C. 1411(d)), and the TECS (formerly known as the ``Treasury 
    Enforcement Communications System''), and any similar and successor 
    systems, to administer the methodologies and standards established 
    under paragraph (1).
    (d) Trade Alerts.--Based upon the application of the targeted risk 
assessment methodologies and standards established under subsection 
(c), the Director of the Trade Remedy Law Enforcement Division shall 
issue Trade Alerts or other such means of notification to directors of 
United States ports of entry directing further inspection, physical 
examination, or testing of merchandise to ensure compliance with the 
trade remedy laws and to require additional bonds, cash deposits, or 
other security to ensure collection of any duties, taxes, and fees 
owed.
    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) Use of adverse inference.--
            (A) In general.--If the Secretary finds that a person 
        described in subparagraph (B) has failed to cooperate by not 
        acting to the best of the person's ability to comply with a 
        request for information under subsection (a), the Secretary 
        may, in making a determination whether an entry or entries of 
        covered merchandise may constitute merchandise that is entered 
        into the customs territory of the United States through 
        evasion, use an inference that is adverse to the interests of 
        that person in selecting from among the facts otherwise 
        available to determine whether evasion has occurred.
            (B) Person described.--A person described in this 
        subparagraph is--
                (i) a person who filed an allegation with respect to 
            covered merchandise;
                (ii) a person alleged to have entered covered 
            merchandise into the customs territory of the United States 
            through evasion; or
                (iii) a foreign producer or exporter of covered 
            merchandise that is alleged to have entered into the 
            customs territory of the United States through evasion.
            (C) Application.--An inference described in subparagraph 
        (A) may be used under that subparagraph with respect to a 
        person described in clause (ii) or (iii) of subparagraph (B) 
        without regard to whether another person involved in the same 
        transaction or transactions under examination has provided the 
        information sought by the Secretary, such as import or export 
        documentation.
        (2) Adverse inference described.--An adverse inference used 
    under paragraph (1)(A) may include reliance on information derived 
    from--
            (A) the allegation of evasion of the trade remedy laws, if 
        any, submitted to U.S. Customs and Border Protection;
            (B) a determination by the Commissioner in another 
        investigation, proceeding, or other action regarding evasion of 
        the unfair trade laws; or
            (C) any other available information.
    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 calendar year 
beginning after the date of the enactment of this Act, the Secretary 
shall submit to the appropriate congressional committees a report 
summarizing--
        (1) the status of any ongoing negotiations of bilateral 
    agreements described in subsection (a), including the identities of 
    the countries involved in such negotiations;
        (2) the terms of any completed bilateral agreements described 
    in subsection (a); and
        (3) bilateral cooperation and other activities conducted 
    pursuant to or enabled by any completed bilateral agreements 
    described in subsection (a).
    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 INVESTIGATING CLAIMS OF EVASION OF 
      ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.
    (a) In General.--The Tariff Act of 1930 is amended by inserting 
after section 516A (19 U.S.C. 1516a) the following:
    ``SEC. 517. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF 
      ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.
    ``(a) Definitions.--In this section:
        ``(1) Administering authority.--The term `administering 
    authority' has the meaning given that term in section 771(1).
        ``(2) Commissioner.--The term `Commissioner' means the 
    Commissioner of U.S. Customs and Border Protection.
        ``(3) Covered merchandise.--The term `covered merchandise' 
    means merchandise that is subject to--
            ``(A) an antidumping duty order issued under section 736; 
        or
            ``(B) a countervailing duty order issued under section 706.
        ``(4) Enter; entry.--The terms `enter' and `entry' refer to the 
    entry, or withdrawal from warehouse for consumption, of merchandise 
    into the customs territory of the United States.
        ``(5) Evasion.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the term `evasion' refers to entering covered merchandise into 
        the customs territory of the United States by means of any 
        document or electronically transmitted data or information, 
        written or oral statement, or act that is material and false, 
        or any omission that is material, and that results in any cash 
        deposit or other security or any amount of applicable 
        antidumping or countervailing duties being reduced or not being 
        applied with respect to the merchandise.
            ``(B) Exception for clerical error.--
                ``(i) In general.--Except as provided in clause (ii), 
            the term `evasion' does not include entering covered 
            merchandise into the customs territory of the United States 
            by means of--

                    ``(I) a document or electronically transmitted data 
                or information, written or oral statement, or act that 
                is false as a result of a clerical error; or
                    ``(II) an omission that results from a clerical 
                error.

                ``(ii) Patterns of negligent conduct.--If the 
            Commissioner determines that a person has entered covered 
            merchandise into the customs territory of the United States 
            by means of a clerical error referred to in subclause (I) 
            or (II) of clause (i) and that the clerical error is part 
            of a pattern of negligent conduct on the part of that 
            person, the Commissioner may determine, notwithstanding 
            clause (i), that the person has entered such covered 
            merchandise into the customs territory of the United States 
            through evasion.
                ``(iii) Electronic repetition of errors.--For purposes 
            of clause (ii), the mere nonintentional repetition by an 
            electronic system of an initial clerical error does not 
            constitute a pattern of negligent conduct.
                ``(iv) Rule of construction.--A determination by the 
            Commissioner that a person has entered covered merchandise 
            into the customs territory of the United States by means of 
            a clerical error referred to in subclause (I) or (II) of 
            clause (i) rather than through evasion shall not be 
            construed to excuse that person from the payment of any 
            duties applicable to the merchandise.
        ``(6) Interested party.--
            ``(A) In general.--The term `interested party' means--
                ``(i) a foreign manufacturer, producer, or exporter, or 
            the United States importer, of covered merchandise or a 
            trade or business association a majority of the members of 
            which are producers, exporters, or importers of such 
            merchandise;
                ``(ii) a manufacturer, producer, or wholesaler in the 
            United States of a domestic like product;
                ``(iii) a certified union or recognized union or group 
            of workers that is representative of an industry engaged in 
            the manufacture, production, or wholesale in the United 
            States of a domestic like product;
                ``(iv) a trade or business association a majority of 
            the members of which manufacture, produce, or wholesale a 
            domestic like product in the United States;
                ``(v) an association a majority of the members of which 
            is composed of interested parties described in clause (ii), 
            (iii), or (iv) with respect to a domestic like product; and
                ``(vi) if the covered merchandise is a processed 
            agricultural product, as defined in section 771(4)(E), a 
            coalition or trade association that is representative of 
            either--

                    ``(I) processors;
                    ``(II) processors and producers; or
                    ``(III) processors and growers.

            ``(B) Domestic like product.--For purposes of subparagraph 
        (A), the term `domestic like product' means a product that is 
        like, or in the absence of like, most similar in 
        characteristics and uses with, covered merchandise.
    ``(b) Investigations.--
        ``(1) In general.--Not later than 15 business days after 
    receiving an allegation described in paragraph (2) or a referral 
    described in paragraph (3), the Commissioner shall initiate an 
    investigation if the Commissioner determines that the information 
    provided in the allegation or the referral, as the case may be, 
    reasonably suggests that covered merchandise has been entered into 
    the customs territory of the United States through evasion.
        ``(2) Allegation described.--An allegation described in this 
    paragraph is an allegation that a person has entered covered 
    merchandise into the customs territory of the United States through 
    evasion that is--
            ``(A) filed with the Commissioner by an interested party; 
        and
            ``(B) accompanied by information reasonably available to 
        the party that filed the allegation.
        ``(3) Referral described.--A referral described in this 
    paragraph is information submitted to the Commissioner by any other 
    Federal agency, including the Department of Commerce or the United 
    States International Trade Commission, that reasonably suggests 
    that a person has entered covered merchandise into the customs 
    territory of the United States through evasion.
        ``(4) Consideration by administering authority.--
            ``(A) In general.--If the Commissioner receives an 
        allegation under paragraph (2) and is unable to determine 
        whether the merchandise at issue is covered merchandise, the 
        Commissioner shall--
                ``(i) refer the matter to the administering authority 
            to determine whether the merchandise is covered merchandise 
            pursuant to the authority of the administering authority 
            under title VII; and
                ``(ii) notify the party that filed the allegation, and 
            any other interested party participating in the 
            investigation, of the referral.
            ``(B) Determination; transmission to commissioner.--After 
        receiving a referral under subparagraph (A)(i) with respect to 
        merchandise, the administering authority shall determine 
        whether the merchandise is covered merchandise and promptly 
        transmit that determination to the Commissioner.
            ``(C) Stay of deadlines.--The period required for any 
        referral and determination under this paragraph shall not be 
        counted in calculating any deadline under this section.
            ``(D) Rule of construction.--Nothing in this paragraph 
        shall be construed to affect the authority of an interested 
        party to commence an action in the United States Court of 
        International Trade under section 516A(a)(2) with respect to a 
        determination of the administering authority under this 
        paragraph.
        ``(5) Consolidation of allegations and referrals.--
            ``(A) In general.--The Commissioner may consolidate 
        multiple allegations described in paragraph (2) and referrals 
        described in paragraph (3) into a single investigation if the 
        Commissioner determines it is appropriate to do so.
            ``(B) Effect on timing requirements.--If the Commissioner 
        consolidates multiple allegations or referrals into a single 
        investigation under subparagraph (A), the date on which the 
        Commissioner receives the first such allegation or referral 
        shall be used for purposes of the requirement under paragraph 
        (1) with respect to the timing of the initiation of the 
        investigation.
        ``(6) Information-sharing to protect health and safety.--If, 
    during the course of conducting an investigation under paragraph 
    (1) with respect to covered merchandise, the Commissioner has 
    reason to suspect that such covered merchandise may pose a health 
    or safety risk to consumers, the Commissioner shall provide, as 
    appropriate, information to the appropriate Federal agencies for 
    purposes of mitigating the risk.
        ``(7) Technical assistance and advice.--
            ``(A) In general.--Upon request, the Commissioner shall 
        provide technical assistance and advice to eligible small 
        businesses to enable such businesses to prepare and submit 
        allegations described in paragraph (2), except that the 
        Commissioner may deny technical assistance if the Commissioner 
        concludes that the allegation, if submitted, would not lead to 
        the initiation of an investigation under this subsection or any 
        other action to address the allegation.
            ``(B) Eligible small business defined.--
                ``(i) In general.--In this paragraph, the term 
            `eligible small business' means any business concern that 
            the Commissioner determines, due to its small size, has 
            neither adequate internal resources nor the financial 
            ability to obtain qualified outside assistance in preparing 
            and filing allegations described in paragraph (2).
                ``(ii) Non-reviewability.--The determination of the 
            Commissioner regarding whether a business concern is an 
            eligible small business for purposes of this paragraph is 
            not reviewable by any other agency or by any court.
    ``(c) Determinations.--
        ``(1) Determination of evasion.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        not later than 300 calendar days after the date on which the 
        Commissioner initiates an investigation under subsection (b) 
        with respect to covered merchandise, the Commissioner shall 
        make a determination, based on substantial evidence, with 
        respect to whether such covered merchandise was entered into 
        the customs territory of the United States through evasion.
            ``(B) Additional time.--The Commissioner may extend the 
        time to make a determination under subparagraph (A) by not more 
        than 60 calendar days if the Commissioner determines that--
                ``(i) the investigation is extraordinarily complicated 
            because of--

                    ``(I) the number and complexity of the transactions 
                to be investigated;
                    ``(II) the novelty of the issues presented; or
                    ``(III) the number of entities to be investigated; 
                and

                ``(ii) additional time is necessary to make the 
            determination under subparagraph (A).
        ``(2) Authority to collect and verify additional information.--
    In making a determination under paragraph (1) with respect to 
    covered merchandise, the Commissioner may collect such additional 
    information as is necessary to make the determination through such 
    methods as the Commissioner considers appropriate, including by--
            ``(A) issuing a questionnaire with respect to such covered 
        merchandise to--
                ``(i) an interested party that filed an allegation 
            under paragraph (2) of subsection (b) that resulted in the 
            initiation of an investigation under paragraph (1) of that 
            subsection with respect to such covered merchandise;
                ``(ii) a person alleged to have entered such covered 
            merchandise into the customs territory of the United States 
            through evasion;
                ``(iii) a person that is a foreign producer or exporter 
            of such covered merchandise; or
                ``(iv) the government of a country from which such 
            covered merchandise was exported; and
            ``(B) conducting verifications, including on-site 
        verifications, of any relevant information.
        ``(3) Adverse inference.--
            ``(A) In general.--If the Commissioner finds that a party 
        or person described in clause (i), (ii), or (iii) of paragraph 
        (2)(A) has failed to cooperate by not acting to the best of the 
        party or person's ability to comply with a request for 
        information, the Commissioner may, in making a determination 
        under paragraph (1), use an inference that is adverse to the 
        interests of that party or person in selecting from among the 
        facts otherwise available to make the determination.
            ``(B) Application.--An inference described in subparagraph 
        (A) may be used under that subparagraph with respect to a 
        person described in clause (ii) or (iii) of paragraph (2)(A) 
        without regard to whether another person involved in the same 
        transaction or transactions under examination has provided the 
        information sought by the Commissioner, such as import or 
        export documentation.
            ``(C) Adverse inference described.--An adverse inference 
        used under subparagraph (A) may include reliance on information 
        derived from--
                ``(i) the allegation of evasion of the trade remedy 
            laws, if any, submitted to U.S. Customs and Border 
            Protection;
                ``(ii) a determination by the Commissioner in another 
            investigation, proceeding, or other action regarding 
            evasion of the unfair trade laws; or
                ``(iii) any other available information.
        ``(4) Notification.--Not later than 5 business days after 
    making a determination under paragraph (1) with respect to covered 
    merchandise, the Commissioner--
            ``(A) shall provide to each interested party that filed an 
        allegation under paragraph (2) of subsection (b) that resulted 
        in the initiation of an investigation under paragraph (1) of 
        that subsection with respect to such covered merchandise a 
        notification of the determination and may, in addition, include 
        an explanation of the basis for the determination; and
            ``(B) may provide to importers, in such manner as the 
        Commissioner determines appropriate, information discovered in 
        the investigation that the Commissioner determines will help 
        educate importers with respect to importing merchandise into 
        the customs territory of the United States in accordance with 
        all applicable laws and regulations.
    ``(d) Effect of Determinations.--
        ``(1) In general.--If the Commissioner makes a determination 
    under subsection (c) that covered merchandise was entered into the 
    customs territory of the United States through evasion, the 
    Commissioner shall--
            ``(A)(i) suspend the liquidation of unliquidated entries of 
        such covered merchandise that are subject to the determination 
        and that enter on or after the date of the initiation of the 
        investigation under subsection (b) with respect to such covered 
        merchandise and on or before the date of the determination; or
            ``(ii) if the Commissioner has already suspended the 
        liquidation of such entries pursuant to subsection (e)(1), 
        continue to suspend the liquidation of such entries;
            ``(B) pursuant to the Commissioner's authority under 
        section 504(b)--
                ``(i) extend the period for liquidating unliquidated 
            entries of such covered merchandise that are subject to the 
            determination and that entered before the date of the 
            initiation of the investigation; or
                ``(ii) if the Commissioner has already extended the 
            period for liquidating such entries pursuant to subsection 
            (e)(1), continue to extend the period for liquidating such 
            entries;
            ``(C) notify the administering authority of the 
        determination and request that the administering authority--
                ``(i) identify the applicable antidumping or 
            countervailing duty assessment rates for entries described 
            in subparagraphs (A) and (B); or
                ``(ii) if no such assessment rate for such an entry is 
            available at the time, identify the applicable cash deposit 
            rate to be applied to the entry, with the applicable 
            antidumping or countervailing duty assessment rate to be 
            provided as soon as that rate becomes available;
            ``(D) require the posting of cash deposits and assess 
        duties on entries described in subparagraphs (A) and (B) in 
        accordance with the instructions received from the 
        administering authority under paragraph (2); and
            ``(E) take such additional enforcement measures as the 
        Commissioner determines appropriate, such as--
                ``(i) initiating proceedings under section 592 or 596;
                ``(ii) implementing, in consultation with the relevant 
            Federal agencies, rule sets or modifications to rule sets 
            for identifying, particularly through the Automated 
            Targeting System and the Automated Commercial Environment 
            authorized under section 13031(f)(4) of the Consolidated 
            Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
            58c(f)(4)), importers, other parties, and merchandise that 
            may be associated with evasion;
                ``(iii) requiring, with respect to merchandise for 
            which the importer has repeatedly provided incomplete or 
            erroneous entry summary information in connection with 
            determinations of evasion, the importer to deposit 
            estimated duties at the time of entry; and
                ``(iv) referring the record in whole or in part to U.S. 
            Immigration and Customs Enforcement for civil or criminal 
            investigation.
        ``(2) Cooperation of administering authority.--
            ``(A) In general.--Upon receiving a notification from the 
        Commissioner under paragraph (1)(C), the administering 
        authority shall promptly provide to the Commissioner the 
        applicable cash deposit rates and antidumping or countervailing 
        duty assessment rates and any necessary liquidation 
        instructions.
            ``(B) Special rule for cases in which the producer or 
        exporter is unknown.--If the Commissioner and the administering 
        authority are unable to determine the producer or exporter of 
        the merchandise with respect to which a notification is made 
        under paragraph (1)(C), the administering authority shall 
        identify, as the applicable cash deposit rate or antidumping or 
        countervailing duty assessment rate, the cash deposit or duty 
        (as the case may be) in the highest amount applicable to any 
        producer or exporter, including the `all-others' rate of the 
        merchandise subject to an antidumping order or countervailing 
        duty order under section 736 or 706, respectively, or a finding 
        issued under the Antidumping Act, 1921, or any administrative 
        review conducted under section 751.
    ``(e) Interim Measures.--Not later than 90 calendar days after 
initiating an investigation under subsection (b) with respect to 
covered merchandise, the Commissioner shall decide based on the 
investigation if there is a reasonable suspicion that such covered 
merchandise was entered into the customs territory of the United States 
through evasion and, if the Commissioner decides there is such a 
reasonable suspicion, the Commissioner shall--
        ``(1) suspend the liquidation of each unliquidated entry of 
    such covered merchandise that entered on or after the date of the 
    initiation of the investigation;
        ``(2) pursuant to the Commissioner's authority under section 
    504(b), extend the period for liquidating each unliquidated entry 
    of such covered merchandise that entered before the date of the 
    initiation of the investigation; and
        ``(3) pursuant to the Commissioner's authority under section 
    623, take such additional measures as the Commissioner determines 
    necessary to protect the revenue of the United States, including 
    requiring a single transaction bond or additional security or the 
    posting of a cash deposit with respect to such covered merchandise.
    ``(f) Administrative Review.--
        ``(1) In general.--Not later than 30 business days after the 
    Commissioner makes a determination under subsection (c) with 
    respect to whether covered merchandise was entered into the customs 
    territory of the United States through evasion, a person determined 
    to have entered such covered merchandise through evasion or an 
    interested party that filed an allegation under paragraph (2) of 
    subsection (b) that resulted in the initiation of an investigation 
    under paragraph (1) of that subsection with respect to such covered 
    merchandise may file an appeal with the Commissioner for de novo 
    review of the determination.
        ``(2) Timeline for review.--Not later than 60 business days 
    after an appeal of a determination is filed under paragraph (1), 
    the Commissioner shall complete the review of the determination.
    ``(g) Judicial Review.--
        ``(1) In general.--Not later than 30 business days after the 
    Commissioner completes a review under subsection (f) of a 
    determination under subsection (c) with respect to whether covered 
    merchandise was entered into the customs territory of the United 
    States through evasion, a person determined to have entered such 
    covered merchandise through evasion or an interested party that 
    filed an allegation under paragraph (2) of subsection (b) that 
    resulted in the initiation of an investigation under paragraph (1) 
    of that subsection with respect to such covered merchandise may 
    seek judicial review of the determination under subsection (c) and 
    the review under subsection (f) in the United States Court of 
    International Trade to determine whether the determination and 
    review is conducted in accordance with subsections (c) and (f).
        ``(2) Standard of review.--In determining whether a 
    determination under subsection (c) or review under subsection (f) 
    is conducted in accordance with those subsections, the United 
    States Court of International Trade shall examine--
            ``(A) whether the Commissioner fully complied with all 
        procedures under subsections (c) and (f); and
            ``(B) whether any determination, finding, or conclusion is 
        arbitrary, capricious, an abuse of discretion, or otherwise not 
        in accordance with law.
        ``(3) Rule of construction.--Nothing in this subsection shall 
    affect the availability of judicial review to an interested party 
    under any other provision of law.
    ``(h) Rule of Construction With Respect to Other Civil and Criminal 
Proceedings and Investigations.--No determination under subsection (c), 
review under subsection (f), or action taken by the Commissioner 
pursuant to this section shall preclude any individual or entity from 
proceeding, or otherwise affect or limit the authority of any 
individual or entity to proceed, with any civil, criminal, or 
administrative investigation or proceeding pursuant to any other 
provision of Federal or State law, including sections 592 and 596.''.
    (b) Conforming Amendment.--Section 1581(c) of title 28, United 
States Code, is amended by inserting ``or 517'' after ``516A''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act.
    (d) Regulations.--Not later than the date that is 180 days after 
the date of the enactment of this Act, the Secretary shall prescribe 
such regulations as may be necessary to implement the amendments made 
by this section.

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

                    ``(I) the prices of such sales;
                    ``(II) whether such sales were made in commercial 
                quantities;
                    ``(III) the timing of such sales;
                    ``(IV) the expenses arising from such sales;
                    ``(V) whether the subject merchandise involved in 
                such sales was resold in the United States at a profit;
                    ``(VI) whether such sales were made on an arms-
                length basis; and
                    ``(VII) any other factor the administering 
                authority determines to be relevant as to whether such 
                sales are, or are not, likely to be typical of those 
                the exporter or producer will make after completion of 
                the review.''.

   TITLE V--SMALL BUSINESS TRADE ISSUES AND STATE TRADE COORDINATION

    SEC. 501. SHORT TITLE.
    This title may be cited as the ``Small Business Trade Enhancement 
Act of 2015'' or the ``State Trade Coordination Act''.
    SEC. 502. OUTREACH AND INPUT FROM SMALL BUSINESSES TO TRADE 
      PROMOTION AUTHORITY.
    Section 203 of Public Law 94-305 (15 U.S.C. 634c) is amended--
        (1) in the matter preceding paragraph (1), by striking ``The 
    Office of Advocacy'' and inserting the following:
    ``(a) In General.--The Office of Advocacy''; and
        (2) by adding at the end the following:
    ``(b) Outreach and Input From Small Businesses on Trade Promotion 
Authority.--
        ``(1) Definitions.--In this subsection--
            ``(A) the term `agency' has the meaning given the term in 
        section 551 of title 5, United States Code;
            ``(B) the term `Chief Counsel for Advocacy' means the Chief 
        Counsel for Advocacy of the Small Business Administration;
            ``(C) the term `covered trade agreement' means a trade 
        agreement being negotiated pursuant to section 103(b) of the 
        Bipartisan Congressional Trade Priorities and Accountability 
        Act of 2015 (Public Law 114-26; 19 U.S.C. 4202(b)); and
            ``(D) the term `Working Group' means the Interagency 
        Working Group convened under paragraph (2)(A).
        ``(2) Working group.--
            ``(A) In general.--Not later than 30 days after the date on 
        which the President submits the notification required under 
        section 105(a) of the Bipartisan Congressional Trade Priorities 
        and Accountability Act of 2015 (Public Law 114-26; 19 U.S.C. 
        4204(a)), the Chief Counsel for Advocacy shall convene an 
        Interagency Working Group, which shall consist of an employee 
        from each of the following agencies, as selected by the head of 
        the agency or an official delegated by the head of the agency:
                ``(i) The Office of the United States Trade 
            Representative.
                ``(ii) The Department of Commerce.
                ``(iii) The Department of Agriculture.
                ``(iv) Any other agency that the Chief Counsel for 
            Advocacy, in consultation with the United States Trade 
            Representative, determines to be relevant with respect to 
            the subject of the covered trade agreement.
            ``(B) Views of small businesses.--Not later than 30 days 
        after the date on which the Chief Counsel for Advocacy convenes 
        the Working Group under subparagraph (A), the Chief Counsel for 
        Advocacy shall identify a diverse group of small businesses, 
        representatives of small businesses, or a combination thereof, 
        to provide to the Working Group the views of small businesses 
        in the manufacturing, services, and agriculture industries on 
        the potential economic effects of the covered trade agreement.
        ``(3) Report.--
            ``(A) In general.--Not later than 180 days after the date 
        on which the Chief Counsel for Advocacy convenes the Working 
        Group under paragraph (2)(A), the Chief Counsel for Advocacy 
        shall submit to the Committee on Small Business and 
        Entrepreneurship and the Committee on Finance of the Senate and 
        the Committee on Small Business and the Committee on Ways and 
        Means of the House of Representatives a report on the economic 
        impacts of the covered trade agreement on small businesses, 
        which shall--
                ``(i) identify the most important priorities, 
            opportunities, and challenges to various industries from 
            the covered trade agreement;
                ``(ii) assess the impact for new small businesses to 
            start exporting, or increase their exports, to markets in 
            countries that are parties to the covered trade agreement;
                ``(iii) analyze the competitive position of industries 
            likely to be significantly affected by the covered trade 
            agreement;
                ``(iv) identify--

                    ``(I) any State-owned enterprises in each country 
                participating in negotiations for the covered trade 
                agreement that could pose a threat to small businesses; 
                and
                    ``(II) any steps to take to create a level playing 
                field for those small businesses;

                ``(v) identify any rule of an agency that should be 
            modified to become compliant with the covered trade 
            agreement; and
                ``(vi) include an overview of the methodology used to 
            develop the report, including the number of small business 
            participants by industry, how those small businesses were 
            selected, and any other factors that the Chief Counsel for 
            Advocacy may determine appropriate.
            ``(B) Delayed submission.--To ensure that negotiations for 
        the covered trade agreement are not disrupted, the President 
        may require that the Chief Counsel for Advocacy delay 
        submission of the report under subparagraph (A) until after the 
        negotiations for the covered trade agreement are concluded, 
        provided that the delay allows the Chief Counsel for Advocacy 
        to submit the report to Congress not later than 45 days before 
        the Senate or the House of Representatives acts to approve or 
        disapprove the covered trade agreement.
            ``(C) Avoidance of duplication.--The Chief Counsel for 
        Advocacy shall, to the extent practicable, coordinate the 
        submission of the report under this paragraph with the United 
        States International Trade Commission, the United States Trade 
        Representative, other agencies, and trade advisory committees 
        to avoid unnecessary duplication of reporting requirements.''.
    SEC. 503. STATE TRADE EXPANSION PROGRAM.
    Section 22 of the Small Business Act (15 U.S.C. 649) is amended--
        (1) by redesignating subsection (l) as subsection (m); and
        (2) by inserting after subsection (k) the following:
    ``(l) State Trade Expansion Program.--
        ``(1) Definitions.--In this subsection--
            ``(A) the term `eligible small business concern' means a 
        business concern that--
                ``(i) is organized or incorporated in the United 
            States;
                ``(ii) is operating in the United States;
                ``(iii) meets--

                    ``(I) the applicable industry-based small business 
                size standard established under section 3; or
                    ``(II) the alternate size standard applicable to 
                the program under section 7(a) of this Act and the loan 
                programs under title V of the Small Business Investment 
                Act of 1958 (15 U.S.C. 695 et seq.);

                ``(iv) has been in business for not less than 1 year, 
            as of the date on which assistance using a grant under this 
            subsection commences; and
                ``(v) has access to sufficient resources to bear the 
            costs associated with trade, including the costs of 
            packing, shipping, freight forwarding, and customs brokers;
            ``(B) the term `program' means the State Trade Expansion 
        Program established under paragraph (2);
            ``(C) the term `rural small business concern' means an 
        eligible small business concern located in a rural area, as 
        that term is defined in section 1393(a)(2) of the Internal 
        Revenue Code of 1986;
            ``(D) the term `socially and economically disadvantaged 
        small business concern' has the meaning given that term in 
        section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 
        637(a)(4)(A)); and
            ``(E) the term `State' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, the Commonwealth of the Northern Mariana 
        Islands, and American Samoa.
        ``(2) Establishment of program.--The Associate Administrator 
    shall establish a trade expansion program, to be known as the 
    `State Trade Expansion Program', to make grants to States to carry 
    out programs that assist eligible small business concerns in--
            ``(A) participation in foreign trade missions;
            ``(B) a subscription to services provided by the Department 
        of Commerce;
            ``(C) the payment of website fees;
            ``(D) the design of marketing media;
            ``(E) a trade show exhibition;
            ``(F) participation in training workshops;
            ``(G) a reverse trade mission;
            ``(H) procurement of consultancy services (after 
        consultation with the Department of Commerce to avoid 
        duplication); or
            ``(I) any other initiative determined appropriate by the 
        Associate Administrator.
        ``(3) Grants.--
            ``(A) Joint review.--In carrying out the program, the 
        Associate Administrator may make a grant to a State to increase 
        the number of eligible small business concerns in the State 
        exploring significant new trade opportunities.
            ``(B) Considerations.--In making grants under this 
        subsection, the Associate Administrator may give priority to an 
        application by a State that proposes a program that--
                ``(i) focuses on eligible small business concerns as 
            part of a trade expansion program;
                ``(ii) demonstrates intent to promote trade expansion 
            by--

                    ``(I) socially and economically disadvantaged small 
                business concerns;
                    ``(II) small business concerns owned or controlled 
                by women; and
                    ``(III) rural small business concerns;

                ``(iii) promotes trade facilitation from a State that 
            is not 1 of the 10 States with the highest percentage of 
            eligible small business concerns that are engaged in 
            international trade, based upon the most recent data from 
            the Department of Commerce; and
                ``(iv) includes--

                    ``(I) activities which have resulted in the highest 
                return on investment based on the most recent year; and
                    ``(II) the adoption of shared best practices 
                included in the annual report of the Administration.

            ``(C) Limitations.--
                ``(i) Single application.--A State may not submit more 
            than 1 application for a grant under the program in any 1 
            fiscal year.
                ``(ii) Proportion of amounts.--The total value of 
            grants made under the program during a fiscal year to the 
            10 States with the highest percentage of eligible small 
            business concerns, based upon the most recent data 
            available from the Department of Commerce, shall be not 
            more than 40 percent of the amounts appropriated for the 
            program for that fiscal year.
                ``(iii) Duration.--The Associate Administrator shall 
            award a grant under this program for a period of not more 
            than 2 years.
            ``(D) Application.--
                ``(i) In general.--A State desiring a grant under the 
            program shall submit an application at such time, in such 
            manner, and accompanied by such information as the 
            Associate Administrator may establish.
                ``(ii) Consultation to reduce duplication.--A State 
            desiring a grant under the program shall--

                    ``(I) before submitting an application under clause 
                (i), consult with applicable trade agencies of the 
                Federal Government on the scope and mission of the 
                activities the State proposes to carry out using the 
                grant, to ensure proper coordination and reduce 
                duplication in services; and
                    ``(II) document the consultation conducted under 
                subclause (I) in the application submitted under clause 
                (i).

        ``(4) Competitive basis.--The Associate Administrator shall 
    award grants under the program on a competitive basis.
        ``(5) Federal share.--The Federal share of the cost of a trade 
    expansion program carried out using a grant under the program shall 
    be--
            ``(A) for a State that has a high trade volume, as 
        determined by the Associate Administrator, not more than 65 
        percent; and
            ``(B) for a State that does not have a high trade volume, 
        as determined by the Associate Administrator, not more than 75 
        percent.
        ``(6) Non-federal share.--The non-Federal share of the cost of 
    a trade expansion program carried out using a grant under the 
    program shall be comprised of not less than 50 percent cash and not 
    more than 50 percent of indirect costs and in-kind contributions, 
    except that no such costs or contributions may be derived from 
    funds from any other Federal program.
        ``(7) Reports.--
            ``(A) Initial report.--Not later than 120 days after the 
        date of enactment of this subsection, the Associate 
        Administrator shall submit to the Committee on Small Business 
        and Entrepreneurship of the Senate and the Committee on Small 
        Business of the House of Representatives a report, which shall 
        include--
                ``(i) a description of the structure of and procedures 
            for the program;
                ``(ii) a management plan for the program; and
                ``(iii) a description of the merit-based review process 
            to be used in the program.
            ``(B) Annual reports.--
                ``(i) In general.--The Associate Administrator shall 
            publish on the website of the Administration an annual 
            report regarding the program, which shall include--

                    ``(I) the number and amount of grants made under 
                the program during the preceding year;
                    ``(II) a list of the States receiving a grant under 
                the program during the preceding year, including the 
                activities being performed with each grant;
                    ``(III) the effect of each grant on the eligible 
                small business concerns in the State receiving the 
                grant;
                    ``(IV) the total return on investment for each 
                State; and
                    ``(V) a description of best practices by States 
                that showed high returns on investment and significant 
                progress in helping more eligible small business 
                concerns.

                ``(ii) Notice to congress.--On the date on which the 
            Associate Administrator publishes a report under clause 
            (i), the Associate Administrator shall notify the Committee 
            on Small Business and Entrepreneurship of the Senate and 
            the Committee on Small Business of the House of 
            Representatives that the report has been published.
        ``(8) Reviews by inspector general.--
            ``(A) In general.--The Inspector General of the 
        Administration shall conduct a review of--
                ``(i) the extent to which recipients of grants under 
            the program are measuring the performance of the activities 
            being conducted and the results of the measurements; and
                ``(ii) the overall management and effectiveness of the 
            program.
            ``(B) Reports.--
                ``(i) Pilot program.--Not later than 6 months after the 
            date of enactment of this subsection, the Inspector General 
            of the Administration shall submit to the Committee on 
            Small Business and Entrepreneurship of the Senate and the 
            Committee on Small Business of the House of Representatives 
            a report regarding the use of amounts made available under 
            the State Trade and Export Promotion Grant Program under 
            section 1207 of the Small Business Jobs Act of 2010 (15 
            U.S.C. 649b note).
                ``(ii) New step program.--Not later than 18 months 
            after the date on which the first grant is awarded under 
            this subsection, the Inspector General of the 
            Administration shall submit to the Committee on Small 
            Business and Entrepreneurship of the Senate and the 
            Committee on Small Business of the House of Representatives 
            a report regarding the review conducted under subparagraph 
            (A).
        ``(9) Authorization of appropriations.--There is authorized to 
    be appropriated to carry out the program $30,000,000 for each of 
    fiscal years 2016 through 2020.''.
    SEC. 504. STATE AND FEDERAL EXPORT PROMOTION COORDINATION.
    (a) State and Federal Export Promotion Coordination Working 
Group.--Subtitle C of the Export Enhancement Act of 1988 (15 U.S.C. 
4721 et seq.) is amended by inserting after section 2313 the following:
``SEC. 2313A. STATE AND FEDERAL EXPORT PROMOTION COORDINATION WORKING 
GROUP.
    ``(a) Statement of Policy.--It is the policy of the United States 
to promote exports as an opportunity for small businesses. In 
exercising their powers and functions in order to advance that policy, 
all Federal agencies shall work constructively with State and local 
agencies engaged in export promotion and export financing activities.
    ``(b) Establishment.--The President shall establish a State and 
Federal Export Promotion Coordination Working Group (in this section 
referred to as the `Working Group') as a subcommittee of the Trade 
Promotion Coordination Committee (in this section referred to as the 
`TPCC').
    ``(c) Purposes.--The purposes of the Working Group are--
        ``(1) to identify issues related to the coordination of Federal 
    resources relating to export promotion and export financing with 
    such resources provided by State and local governments;
        ``(2) to identify ways to improve coordination with respect to 
    export promotion and export financing activities through the 
    strategic plan developed under section 2312(c);
        ``(3) to develop a strategy for improving coordination of 
    Federal and State resources relating to export promotion and export 
    financing, including methods to eliminate duplication of effort and 
    overlapping functions; and
        ``(4) to develop a strategic plan for considering and 
    implementing the suggestions of the Working Group as part of the 
    strategic plan developed under section 2312(c).
    ``(d) Membership.--The Secretary of Commerce shall select the 
members of the Working Group, who shall include--
        ``(1) representatives from State trade agencies representing 
    regionally diverse areas; and
        ``(2) representatives of the departments and agencies that are 
    represented on the TPCC, who are designated by the heads of their 
    respective departments or agencies to advise the head on ways of 
    promoting the exportation of United States goods and services.''.
    (b) Report on Improvements to Export.gov as a Single Window for 
Export Information.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Associate Administrator for 
    International Trade of the Small Business Administration shall, 
    after consultation with the entities specified in paragraph (2), 
    submit to the appropriate congressional committees a report that 
    includes the recommendations of the Associate Administrator for 
    improving the experience provided by the Internet website 
    Export.gov (or a successor website) as--
            (A) a comprehensive resource for information about 
        exporting articles from the United States; and
            (B) a single website for exporters to submit all 
        information required by the Federal Government with respect to 
        the exportation of articles from the United States.
        (2) Entities specified.--The entities specified in this 
    paragraph are--
            (A) small business concerns (as defined in section 3 of the 
        Small Business Act (15 U.S.C. 632)) that are exporters; and
            (B) the President's Export Council, State agencies with 
        responsibility for export promotion or export financing, 
        district export councils, and trade associations.
        (3) Appropriate congressional committees defined.--In this 
    subsection, the term ``appropriate congressional committees'' 
    means--
            (A) the Committee on Small Business and Entrepreneurship 
        and the Committee on Banking, Housing, and Urban Affairs of the 
        Senate; and
            (B) the Committee on Small Business and the Committee on 
        Foreign Affairs of the House of Representatives.
    (c) Availability of State Resources Guides on Export.gov.--The 
Secretary of Commerce shall make available on the Internet website 
Export.gov (or a successor website) information on the resources 
relating to export promotion and export financing available in each 
State--
        (1) organized by State; and
        (2) including information on State agencies with responsibility 
    for export promotion or export financing and district export 
    councils and trade associations located in the State.
    SEC. 505. STATE TRADE COORDINATION.
    (a) Membership of Representatives of State Trade Promotion Agencies 
on Trade Promotion Coordinating Committee.--Section 2312 of the Export 
Enhancement Act of 1988 (15 U.S.C. 4727) is amended--
        (1) in subsection (d)--
            (A) by redesignating paragraph (2) as paragraph (3); and
            (B) by inserting after paragraph (1) the following:
        ``(2) Representatives from state trade promotion agencies.--The 
    TPCC shall also include 1 or more members appointed by the 
    President who are representatives of State trade promotion 
    agencies.''; and
        (2) in subsection (e), in the first sentence, by inserting 
    ``(other than members described in subsection (d)(2))'' after 
    ``Members of the TPCC''.
    (b) Federal and State Export Promotion Coordination Plan.--
        (1) In general.--The Secretary of Commerce, acting through the 
    Trade Promotion Coordinating Committee and in coordination with 
    representatives of State trade promotion agencies, shall develop a 
    comprehensive plan to integrate the resources and strategies of 
    State trade promotion agencies into the overall Federal trade 
    promotion program.
        (2) Matters to be included.--The plan required under paragraph 
    (1) shall include the following:
            (A) A description of the role of State trade promotion 
        agencies in assisting exporters.
            (B) An outline of the role of State trade promotion 
        agencies and how it is different from Federal agencies located 
        within or providing services within the State.
            (C) A plan on how to utilize State trade promotion agencies 
        in the Federal trade promotion program.
            (D) An explanation of how Federal and State agencies will 
        share information and resources.
            (E) A description of how Federal and State agencies will 
        coordinate education and trade events in the United States and 
        abroad.
            (F) A description of the efforts to increase efficiency and 
        reduce duplication.
            (G) A clear identification of where businesses can receive 
        appropriate international trade information under the plan.
        (3) Deadline.--The plan required under paragraph (1) shall be 
    finalized and submitted to Congress not later than 12 months after 
    the date of the enactment of this Act.
    (c) Annual Federal-State Export Strategy.--
        (1) In general.--The Secretary of Commerce, acting through the 
    head of the United States Foreign and Commercial Service, shall 
    develop an annual Federal-State export strategy for each State that 
    submits to the Secretary of Commerce its export strategy for the 
    upcoming calendar year. In developing an annual Federal-State 
    export strategy under this paragraph, the Secretary of Commerce 
    shall take into account the Federal and State export promotion 
    coordination plan developed under subsection (b).
        (2) Matters to be included.--The Federal-State export strategy 
    required under paragraph (1) shall include the following:
            (A) The State's export strategy and economic goals.
            (B) The State's key sectors and industries of focus.
            (C) Possible foreign and domestic trade events.
            (D) Efforts to increase efficiencies and reduce 
        duplication.
        (3) Report.--The Federal-State export strategy required under 
    paragraph (1) shall be submitted to the Trade Promotion 
    Coordinating Committee not later than February 1, 2017, and 
    February 1 of each year thereafter.
    (d) Coordinated Metrics and Information Sharing.--
        (1) In general.--The Secretary of Commerce, in coordination 
    with representatives of State trade promotion agencies, shall 
    develop a framework to share export success information, and 
    develop a coordinated set of reporting metrics.
        (2) Report to congress.--Not later than one year after the date 
    of the enactment of this Act, the Secretary of Commerce shall 
    submit to Congress a report that contains the framework and 
    reporting metrics required under paragraph (1).
    (e) Annual Survey and Analysis and Report Under National Export 
Strategy.--Section 2312 of the Export Enhancement Act of 1988 (15 
U.S.C. 4727) is amended--
        (1) in subsection (c)--
            (A) in paragraph (5), by striking ``and'' at the end;
            (B) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following:
        ``(7) in coordination with State trade promotion agencies, 
    include a survey and analysis regarding the overall effectiveness 
    of Federal-State coordination and export promotion goals on an 
    annual basis, to further include best practices, recommendations to 
    better assist small businesses, and other relevant matters.''; and
        (2) in subsection (f)(1), by inserting ``(including 
    implementation of the survey and analysis described in paragraph 
    (7) of that subsection)'' after ``the implementation of such 
    plan''.

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

``Sec. 310. Trade enforcement priorities.''.
    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 Commission shall make available on a website of the 
    Commission an import monitoring tool to allow the public access to 
    data on the volume and value of goods imported to the United States 
    for the purpose of assessing whether such data has changed with 
    respect to such goods over a period of time.
        ``(2) Data described.--For purposes of the monitoring tool 
    under paragraph (1), the Commission shall use data compiled by the 
    Department of Commerce and such other government data as the 
    Commission considers appropriate.
        ``(3) Periods of time.--The Commission shall ensure that data 
    accessed through the monitoring tool under paragraph (1) includes 
    data for the most recent quarter for which such data are available 
    and previous quarters as the Commission considers practicable.
    ``(b) Monitoring Reports.--
        ``(1) In general.--Not later than 270 days after the date of 
    the enactment of the Trade Facilitation and Trade Enforcement Act 
    of 2015, and not less frequently than quarterly thereafter, the 
    Secretary of Commerce shall publish on a website of the Department 
    of Commerce, and notify the Committee on Finance of the Senate and 
    the Committee on Ways and Means of the House of Representatives of 
    the availability of, a monitoring report on changes in the volume 
    and value of trade with respect to imports and exports of goods 
    categorized based on the 6-digit subheading number of the goods 
    under the Harmonized Tariff Schedule of the United States during 
    the most recent quarter for which such data are available and 
    previous quarters as the Secretary considers practicable.
        ``(2) Requests for comment.--Not later than one year after the 
    date of the enactment of the Trade Facilitation and Trade 
    Enforcement Act of 2015, the Secretary of Commerce shall solicit 
    through the Federal Register public comment on the monitoring 
    reports described in paragraph (1).
    ``(c) Sunset.--The requirements under this section terminate on the 
date that is seven years after the date of the enactment of the Trade 
Facilitation and Trade Enforcement Act of 2015.''.
    (b) Clerical Amendment.--The table of contents for the Trade Act of 
1974 (19 U.S.C. 2101 et seq.) is amended by inserting after the item 
relating to section 204 the following:

``Sec. 205. Trade monitoring.''.
    SEC. 604. ESTABLISHMENT OF INTERAGENCY CENTER ON TRADE 
      IMPLEMENTATION, MONITORING, AND ENFORCEMENT.
    (a) In General.--Section 141 of the Trade Act of 1974 (19 U.S.C. 
2171) is amended by adding at the end the following:
    ``(h) Interagency Center on Trade Implementation, Monitoring, and 
Enforcement.--
        ``(1) Establishment of center.--There is established in the 
    Office of the United States Trade Representative an Interagency 
    Center on Trade Implementation, Monitoring, and Enforcement (in 
    this section referred to as the `Center').
        ``(2) Functions of center.--The Center shall support the 
    activities of the United States Trade Representative in--
            ``(A) investigating potential disputes under the auspices 
        of the World Trade Organization;
            ``(B) investigating potential disputes pursuant to 
        bilateral and regional trade agreements to which the United 
        States is a party;
            ``(C) carrying out the functions of the United States Trade 
        Representative under this section with respect to the 
        monitoring and enforcement of trade agreements to which the 
        United States is a party; and
            ``(D) monitoring measures taken by parties to implement 
        provisions of trade agreements to which the United States is a 
        party.
        ``(3) Personnel.--
            ``(A) Director.--The head of the Center shall be a 
        Director, who shall be appointed by the United States Trade 
        Representative.
            ``(B) Additional employees.--A Federal agency may, in 
        consultation with and with the approval of the United States 
        Trade Representative, detail or assign one or more employees to 
        the Center without any reimbursement from the Center to support 
        the functions of the Center.''.
    (b) Interagency Resources.--Section 141(d)(1)(A) of the Trade Act 
of 1974 (19 U.S.C. 2171(d)(1)(A)) is amended by inserting ``, including 
resources of the Interagency Center on Trade Implementation, 
Monitoring, and Enforcement established under subsection (h),'' after 
``interagency resources''.
    (c) Reports.--Section 163 of the Trade Act of 1974 (19 U.S.C. 2213) 
is amended--
        (1) in subsection (a)(2)--
            (A) in subparagraph (J), by striking ``and'' at the end;
            (B) in subparagraph (K), by striking the period at the end 
        and inserting ``; and''; and
            (C) by adding at the end the following:
            ``(L) the operation of the Interagency Center on Trade 
        Implementation, Monitoring, and Enforcement established under 
        section 141(h), including--
                ``(i) information relating to the personnel of the 
            Center, including a description of any employees detailed 
            or assigned to the Center by a Federal agency under 
            paragraph (3)(B) of such section;
                ``(ii) information relating to the functions of the 
            Center; and
                ``(iii) an assessment of the operating costs of the 
            Center.''; and
        (2) by adding at the end the following:
    ``(d) Quadrennial Plan and Report.--
        ``(1) Quadrennial plan.--Pursuant to the goals and objectives 
    of the strategic plan of the Office of the United States Trade 
    Representative as required under section 306 of title 5, United 
    States Code, the Trade Representative shall, every 4 years, develop 
    a plan--
            ``(A) to analyze internal quality controls and record 
        management of the Office;
            ``(B) to identify existing staff of the Office and new 
        staff that will be necessary to support the trade negotiation 
        and enforcement functions and powers of the Office (including 
        those functions and powers of the Trade Policy Staff Committee) 
        as described in section 141 and section 301;
            ``(C) to identify existing staff of the Office and staff in 
        other Federal agencies who will be required to be detailed or 
        assigned to support interagency programs led by the Trade 
        Representative, including any associated expenses;
            ``(D) to provide an outline of budget justifications, 
        including salaries and expenses as well as nonpersonnel 
        administrative expenses, for the fiscal years required under 
        the strategic plan; and
            ``(E) to provide an outline of budget justifications, 
        including salaries and expenses as well as nonpersonnel 
        administrative expenses, for interagency programs led by the 
        Trade Representative for the fiscal years required under the 
        strategic plan.
        ``(2) Report.--
            ``(A) In general.--The Trade Representative shall submit to 
        the appropriate congressional committees a report that contains 
        the plan required under paragraph (1). Except as provided in 
        subparagraph (B), the report required under this subparagraph 
        shall be submitted in conjunction with the strategic plan of 
        the Office as required under section 306 of title 5, United 
        States Code.
            ``(B) Exception.--The Trade Representative shall submit to 
        the appropriate congressional committees an initial report that 
        contains the plan required under paragraph (1) not later than 
        June 1, 2016.
            ``(C) Appropriate congressional committees defined.--In 
        this paragraph, the term `appropriate congressional committees' 
        means--
                ``(i) the Committee on Finance and the Committee on 
            Appropriations of the Senate; and
                ``(ii) the Committee on Ways and Means and the 
            Committee on Appropriations of the House of 
            Representatives.''.
    SEC. 605. INCLUSION OF INTEREST IN CERTAIN DISTRIBUTIONS OF 
      ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES.
    (a) In General.--The Secretary of Homeland Security shall deposit 
all interest described in subsection (c) into the special account 
established under section 754(e) of the Tariff Act of 1930 (19 U.S.C. 
1675c(e)) (repealed by subtitle F of title VII of the Deficit Reduction 
Act of 2005 (Public Law 109-171; 120 Stat. 154)) for inclusion in 
distributions described in subsection (b) made on or after the date of 
the enactment of this Act.
    (b) Distributions Described.--Distributions described in this 
subsection are distributions of antidumping duties and countervailing 
duties assessed on or after October 1, 2000, that are made under 
section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c) (repealed by 
subtitle F of title VII of the Deficit Reduction Act of 2005 (Public 
Law 109-171; 120 Stat. 154)), with respect to entries of merchandise 
that--
        (1) were made on or before September 30, 2007; and
        (2) were, in accordance with section 822 of the Claims 
    Resolution Act of 2010 (19 U.S.C. 1675c note), unliquidated, not in 
    litigation, and not under an order of liquidation from the 
    Department of Commerce on December 8, 2010.
    (c) Interest Described.--
        (1) Interest realized.--Interest described in this subsection 
    is interest earned on antidumping duties or countervailing duties 
    described in subsection (b) that is realized through application of 
    a payment received on or after October 1, 2014, by U.S. Customs and 
    Border Protection under, or in connection with--
            (A) a customs bond pursuant to a court order or judgment; 
        or
            (B) a settlement with respect to a customs bond, including 
        any payment made to U.S. Customs and Border Protection with 
        respect to that bond by a surety.
        (2) Types of interest.--Interest described in paragraph (1) 
    includes the following:
            (A) Interest accrued under section 778 of the Tariff Act of 
        1930 (19 U.S.C. 1677g).
            (B) Interest accrued under section 505(d) of the Tariff Act 
        of 1930 (19 U.S.C. 1505(d)).
            (C) Equitable interest under common law and interest under 
        section 963 of the Revised Statutes (19 U.S.C. 580) awarded by 
        a court against a surety under its bond for late payment of 
        antidumping duties, countervailing duties, or interest 
        described in subparagraph (A) or (B).
    (d) Definitions.--In this section:
        (1) Antidumping duties.--The term ``antidumping duties'' means 
    antidumping duties imposed under section 731 of the Tariff Act of 
    1930 (19 U.S.C. 1673) or under the Antidumping Act, 1921 (title II 
    of the Act of May 27, 1921; 42 Stat. 11, chapter 14).
        (2) Countervailing duties.--The term ``countervailing duties'' 
    means countervailing duties imposed under section 701 of the Tariff 
    Act of 1930 (19 U.S.C. 1671).
    SEC. 606. ILLICITLY IMPORTED, EXPORTED, OR TRAFFICKED CULTURAL 
      PROPERTY, ARCHAEOLOGICAL OR ETHNOLOGICAL MATERIALS, AND FISH, 
      WILDLIFE, AND PLANTS.
    (a) In General.--The Commissioner and the Director of U.S. 
Immigration and Customs Enforcement shall ensure that appropriate 
personnel of U.S. Customs and Border Protection and U.S. Immigration 
and Customs Enforcement, as the case may be, are trained in the 
detection, identification, detention, seizure, and forfeiture of 
cultural property, archaeological or ethnological materials, and fish, 
wildlife, and plants, the importation, exportation, or trafficking of 
which violates the laws of the United States.
    (b) Training.--The Commissioner and the Director are authorized to 
accept training and other support services from experts outside of the 
Federal Government with respect to the detection, identification, 
detention, seizure, and forfeiture of cultural property, archaeological 
or ethnological materials, or fish, wildlife, and plants described in 
subsection (a).
    SEC. 607. ENFORCEMENT UNDER TITLE III OF THE TRADE ACT OF 1974 WITH 
      RESPECT TO CERTAIN ACTS, POLICIES, AND PRACTICES.
    Section 301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C. 
2411(d)(3)(B)) is amended--
        (1) in clause (ii), by striking ``or'' at the end;
        (2) in clause (iii)(V), by striking the period at the end and 
    inserting ``, or''; and
        (3) by adding at the end the following:
                ``(iv) constitutes a persistent pattern of conduct by 
            the government of a foreign country under which that 
            government fails to effectively enforce commitments under 
            agreements to which the foreign country and the United 
            States are parties, including with respect to trade in 
            goods, trade in services, trade in agriculture, foreign 
            investment, intellectual property, digital trade in goods 
            and services and cross-border data flows, regulatory 
            practices, state-owned and state-controlled enterprises, 
            localization barriers to trade, labor and the environment, 
            anticorruption, trade remedy laws, textiles, and commercial 
            partnerships.''.
    SEC. 608. HONEY TRANSSHIPMENT.
    (a) In General.--The Commissioner shall direct appropriate 
personnel and the use of resources of U.S. Customs and Border 
Protection to address concerns that honey is being imported into the 
United States in violation of the customs and trade laws of the United 
States.
    (b) Country of Origin.--
        (1) In general.--The Commissioner shall compile a database of 
    the individual characteristics of honey produced in foreign 
    countries to facilitate the verification of country of origin 
    markings of imported honey.
        (2) Engagement with foreign governments.--The Commissioner 
    shall seek to engage the customs agencies of foreign governments 
    for assistance in compiling the database described in paragraph 
    (1).
        (3) Consultation with industry.--In compiling the database 
    described in paragraph (1), the Commissioner shall consult with 
    entities in the honey industry regarding the development of 
    industry standards for honey identification.
        (4) Consultation with food and drug administration.--In 
    compiling the database described in paragraph (1), the Commissioner 
    shall consult with the Commissioner of Food and Drugs.
    (c) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Commissioner shall submit to Congress a 
report that--
        (1) describes and assesses the limitations in the existing 
    analysis capabilities of laboratories with respect to determining 
    the country of origin of honey samples or the percentage of honey 
    contained in a sample; and
        (2) includes any recommendations of the Commissioner for 
    improving such capabilities.
    (d) Sense of Congress.--It is the sense of Congress that the 
Commissioner of Food and Drugs should promptly establish a national 
standard of identity for honey for the Commissioner of U.S. Customs and 
Border Protection to use to ensure that imports of honey are--
        (1) classified accurately for purposes of assessing duties; and
        (2) denied entry into the United States if such imports pose a 
    threat to the health or safety of consumers in the United States.
    SEC. 609. ESTABLISHMENT OF CHIEF INNOVATION AND INTELLECTUAL 
      PROPERTY NEGOTIATOR.
    (a) In General.--Section 141 of the Trade Act of 1974 (19 U.S.C. 
2171) is amended--
        (1) in subsection (b)(2)--
            (A) by striking ``and one Chief Agricultural Negotiator'' 
        and inserting ``, one Chief Agricultural Negotiator, and one 
        Chief Innovation and Intellectual Property Negotiator,'';
            (B) by striking ``or the Chief Agricultural Negotiator'' 
        and inserting ``, the Chief Agricultural Negotiator, or the 
        Chief Innovation and Intellectual Property Negotiator''; and
            (C) by striking ``and the Chief Agricultural Negotiator'' 
        and inserting ``, the Chief Agricultural Negotiator, and the 
        Chief Innovation and Intellectual Property Negotiator''; and
        (2) in subsection (c)--
            (A) by moving paragraph (5) 2 ems to the left; and
            (B) by adding at the end the following:
    ``(6) The principal functions of the Chief Innovation and 
Intellectual Property Negotiator shall be to conduct trade negotiations 
and to enforce trade agreements relating to United States intellectual 
property and to take appropriate actions to address acts, policies, and 
practices of foreign governments that have a significant adverse impact 
on the value of United States innovation. The Chief Innovation and 
Intellectual Property Negotiator shall be a vigorous advocate on behalf 
of United States innovation and intellectual property interests. The 
Chief Innovation and Intellectual Property Negotiator shall perform 
such other functions as the United States Trade Representative may 
direct.''.
    (b) Compensation.--Section 5314 of title 5, United States Code is 
amended by striking ``Chief Agricultural Negotiator.'' and inserting 
the following:
    ``Chief Agricultural Negotiator, Office of the United States Trade 
Representative.
    ``Chief Innovation and Intellectual Property Negotiator, Office of 
the United States Trade Representative.''.
    (c) Report Required.--Not later than one year after the appointment 
of the first Chief Innovation and Intellectual Property Negotiator 
pursuant to paragraph (2) of section 141(b) of the Trade Act of 1974, 
as amended by subsection (a), and annually thereafter, the United 
States Trade Representative shall submit to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives a report describing in detail--
        (1) enforcement actions taken by the Trade Representative 
    during the one-year period preceding the submission of the report 
    to ensure the protection of United States innovation and 
    intellectual property interests; and
        (2) other actions taken by the Trade Representative to advance 
    United States innovation and intellectual property interests.
    SEC. 610. MEASURES RELATING TO COUNTRIES THAT DENY ADEQUATE 
      PROTECTION FOR INTELLECTUAL PROPERTY RIGHTS.
    (a) Inclusion of Countries That Deny Adequate Protection of Trade 
Secrets.--Section 182(d)(2) of the Trade Act of 1974 (19 U.S.C. 
2242(d)(2)) is amended by inserting ``, trade secrets,'' after 
``copyrights''.
    (b) Special Rules for Countries on the Priority Watch List of the 
United States Trade Representative.--
        (1) In general.--Section 182 of the Trade Act of 1974 (19 
    U.S.C. 2242) is amended by striking subsection (g) and inserting 
    the following:
    ``(g) Special Rules for Foreign Countries on the Priority Watch 
List.--
        ``(1) Action plans.--
            ``(A) In general.--Not later than 90 days after the date on 
        which the Trade Representative submits the National Trade 
        Estimate under section 181(b), the Trade Representative shall 
        develop an action plan described in subparagraph (C) with 
        respect to each foreign country described in subparagraph (B).
            ``(B) Foreign country described.--The Trade Representative 
        shall develop an action plan under subparagraph (A) with 
        respect to each foreign country that--
                ``(i) the Trade Representative has identified for 
            placement on the priority watch list; and
                ``(ii) has remained on such list for at least one year.
            ``(C) Action plan described.--An action plan developed 
        under subparagraph (A) shall contain the benchmarks described 
        in subparagraph (D) and be designed to assist the foreign 
        country--
                ``(i) to achieve--

                    ``(I) adequate and effective protection of 
                intellectual property rights; and
                    ``(II) fair and equitable market access for United 
                States persons that rely upon intellectual property 
                protection; or

                ``(ii) to make significant progress toward achieving 
            the goals described in clause (i).
            ``(D) Benchmarks described.--The benchmarks contained in an 
        action plan developed pursuant to subparagraph (A) are such 
        legislative, institutional, enforcement, or other actions as 
        the Trade Representative determines to be necessary for the 
        foreign country to achieve the goals described in clause (i) or 
        (ii) of subparagraph (C).
        ``(2) Failure to meet action plan benchmarks.--If, as of one 
    year after the date on which an action plan is developed under 
    paragraph (1)(A), the President, in consultation with the Trade 
    Representative, determines that the foreign country to which the 
    action plan applies has not substantially complied with the 
    benchmarks described in paragraph (1)(D), the President may take 
    appropriate action with respect to the foreign country.
        ``(3) Priority watch list defined.--In this subsection, the 
    term `priority watch list' means the priority watch list 
    established by the Trade Representative pursuant to subsection (a).
    ``(h) Annual Report.--Not later than 30 days after the date on 
which the Trade Representative submits the National Trade Estimate 
under section 181(b), the Trade Representative shall submit to the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate a report on actions taken under this 
section during the 12 months preceding such report, and the reasons for 
such actions, including--
        ``(1) a list of any foreign countries identified under 
    subsection (a);
        ``(2) a description of progress made in achieving improved 
    intellectual property protection and market access for persons 
    relying on intellectual property rights; and
        ``(3) a description of the action plans developed under 
    subsection (g) and any actions taken by foreign countries under 
    such plans.''.
        (2) Funding.--
            (A) In general.--Amounts from the Trade Enforcement Trust 
        Fund established under section 611 may be expended by the 
        United States Trade Representative, only as provided by 
        appropriations Acts, to provide assistance to any developing 
        country to which an action plan applies under section 182(g) of 
        the Trade Act of 1974, as amended by paragraph (1), to 
        facilitate the efforts of the developing country to comply with 
        the benchmarks contained in the action plan. Such assistance 
        may include capacity building, activities designed to increase 
        awareness of intellectual property rights, and training for 
        officials responsible for enforcing intellectual property 
        rights in the developing country.
            (B) Developing country defined.--In this paragraph, the 
        term ``developing country'' means a country classified by the 
        World Bank as having a low-income or lower-middle-income 
        economy.
        (3) Rule of construction.--Nothing in this subsection or the 
    amendment made by this subsection shall be construed as limiting 
    the authority of the President or the United States Trade 
    Representative to develop action plans other than action plans 
    described in section 182(g) of the Trade Act of 1974, as amended by 
    paragraph (1), or to take any action otherwise authorized by law in 
    response to the failure of a foreign country to provide adequate 
    and effective protection and enforcement of intellectual property 
    rights.
    SEC. 611. TRADE ENFORCEMENT TRUST FUND.
    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the Trade Enforcement Trust 
Fund (in this section referred to as the ``Trust Fund''), consisting of 
amounts transferred to the Trust Fund under subsection (b) and any 
amounts that may be credited to the Trust Fund under subsection (c).
    (b) Transfer of Amounts.--
        (1) In general.--The Secretary of the Treasury shall transfer 
    to the Trust Fund, from the general fund of the Treasury, for each 
    fiscal year that begins on or after the date of the enactment of 
    this Act through fiscal year 2026, an amount equal to $15,000,000 
    (or a lesser amount as required pursuant to paragraph (2)).
        (2) Limitation.--The total amount in the Trust Fund at any time 
    may not exceed $30,000,000.
        (3) Frequency of transfers.--The Secretary shall transfer 
    amounts required to be transferred to the Trust Fund under 
    paragraph (1) not less frequently than quarterly from the general 
    fund of the Treasury to the Trust Fund in a manner that ensures 
    that the total amount in the Trust Fund at the end of the quarter 
    does not exceed the limitation established under paragraph (2).
    (c) Investment of Amounts.--
        (1) Investment of amounts.--The Secretary shall invest such 
    portion of the Trust Fund as is not required to meet current 
    withdrawals in interest-bearing obligations of the United States or 
    in obligations guaranteed as to both principal and interest by the 
    United States.
        (2) Interest and proceeds.--The interest on, and the proceeds 
    from the sale or redemption of, any obligations held in the Trust 
    Fund shall be credited to and form a part of the Trust Fund.
    (d) Availability of Amounts From Trust Fund.--
        (1) In general.--The United States Trade Representative shall, 
    on the basis of the advice of the Trade Policy Committee and 
    relevant subordinate bodies of the TPC, use or transfer for the use 
    by Federal agencies represented on the TPC amounts in the Trust 
    Fund, only as provided by appropriations Acts, for making 
    expenditures for any of the following:
            (A) To seek to enforce the provisions of and commitments 
        and obligations under the WTO Agreements and free trade 
        agreements to which the United States is a party and resolve 
        any actions by foreign countries that are inconsistent with 
        those provisions, commitments, and obligations.
            (B) To monitor and ensure the full implementation by 
        foreign countries of the provisions of and commitments and 
        obligations under free trade agreements to which the United 
        States is a party for purposes of systematically assessing, 
        identifying, investigating, or initiating steps to address 
        inconsistencies with those provisions, commitments, and 
        obligations.
            (C) To thoroughly investigate and respond to petitions 
        under section 302 of the Trade Act of 1974 (19 U.S.C. 2412) 
        requesting that action be taken under section 301 of such Act 
        (19 U.S.C. 2411).
            (D) To support capacity-building efforts undertaken by the 
        United States pursuant to any free trade agreement to which the 
        United States is a party and to prioritize and give special 
        attention to the timely, consistent, and robust implementation 
        of the commitments and obligations of a party to that free 
        trade agreement, including commitments and obligations related 
        to trade in goods, trade in services, trade in agriculture, 
        foreign investment, intellectual property, digital trade in 
        goods and services and cross-border data flows, regulatory 
        practices, state-owned and state-controlled enterprises, 
        localization barriers to trade, labor and the environment, 
        currency, foreign currency manipulation, anticorruption, trade 
        remedy laws, textiles, and commercial partnerships.
            (E) To support capacity-building efforts undertaken by the 
        United States pursuant to any such free trade agreement and to 
        include performance indicators against which the progress and 
        obstacles for the implementation of commitments and obligations 
        can be identified and assessed within a meaningful time frame.
        (2) Limitation.--Amounts made available in the Trust Fund may 
    not be used to offset costs of conducting negotiations for any free 
    trade agreement to be entered into on or after the date of the 
    enactment of this Act, but may be used to support implementation 
    and capacity building prior to entry into force of a free trade 
    agreement.
    (e) Report.--Not later than 18 months after the entry into force of 
any free trade agreement entered into after the date of the enactment 
of this Act, the United States Trade Representative, in consultation 
with the Federal agencies represented on the TPC, shall submit to 
Congress a report on the actions taken under subsection (d) in 
connection with that agreement.
    (f) Comptroller General Study.--
        (1) In general.--The Comptroller General of the United States 
    shall conduct a study that includes the following:
            (A) A comprehensive analysis of the trade enforcement 
        expenditures of each Federal agency with responsibilities 
        relating to trade that specifies, with respect to each such 
        Federal agency--
                (i) the amounts appropriated for trade enforcement; and
                (ii) the number of full-time employees carrying out 
            activities relating to trade enforcement.
            (B) Recommendations on the additional employees and 
        resources that each such Federal agency may need to effectively 
        enforce the free trade agreements to which the United States is 
        a party.
        (2) Report.--Not later than one year after the date of the 
    enactment of this Act, the Comptroller General shall submit to 
    Congress a report on the results of the study conducted under 
    paragraph (1).
    (g) Definitions.--In this section:
        (1) Trade policy committee; tpc.--The terms ``Trade Policy 
    Committee'' and ``TPC'' mean the interagency organization 
    established under section 242 of the Trade Expansion Act of 1962 
    (19 U.S.C. 1872).
        (2) WTO.--The term ``WTO'' means the World Trade Organization.
        (3) 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)).
        (4) WTO agreements.--The term ``WTO Agreements'' means the WTO 
    Agreement and agreements annexed to that Agreement.

 TITLE VII--ENGAGEMENT ON CURRENCY EXCHANGE RATE AND ECONOMIC POLICIES

    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; and
                (iv) patterns in the reserve accumulation of that 
            country.
        (3) Assessment factors.--Not later than 90 days after the date 
    of the enactment of this Act, the Secretary shall publicly describe 
    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 significant 
        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;
            (C) advise that country of the ability of the President to 
        take action under subsection (c); and/or
            (D) develop a plan with specific actions to address that 
        undervaluation and those surpluses.
        (2) Waiver.--
            (A) In general.--The Secretary may waive the requirement 
        under paragraph (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 and report.--The Secretary shall promptly 
        certify to Congress a determination under subparagraph (A) and 
        promptly submit to Congress a report that describes in detail 
        the reasons for the Secretary's 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 (3), and pursuant to 
        paragraph (4), 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 and report.--The President shall promptly 
        certify to Congress a determination under subparagraph (A) and 
        promptly submit to Congress a report that describes in detail 
        the reasons for the President's 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 fewer 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--MATTERS RELATING TO U.S. CUSTOMS AND BORDER PROTECTION
    Subtitle A--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.--
        ``(1) In general.--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').
        ``(2) Committee referral.--As an exercise of the rulemaking 
    power of the Senate, any nomination for the Commissioner submitted 
    to the Senate for confirmation, and referred to a committee, shall 
    be referred to the Committee on Finance.
    ``(c) Duties.--The Commissioner shall--
        ``(1) coordinate and integrate the security, trade 
    facilitation, and trade enforcement functions of U.S. Customs and 
    Border Protection;
        ``(2) ensure the interdiction of persons and goods illegally 
    entering or exiting the United States;
        ``(3) facilitate and expedite the flow of legitimate travelers 
    and trade;
        ``(4) direct and administer the commercial operations of U.S. 
    Customs and Border Protection, and the enforcement of the customs 
    and trade laws of the United States;
        ``(5) 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;
        ``(6) safeguard the borders of the United States to protect 
    against the entry of dangerous goods;
        ``(7) ensure the overall economic security of the United States 
    is not diminished by efforts, activities, and programs aimed at 
    securing the homeland;
        ``(8) in coordination with U.S. Immigration and Customs 
    Enforcement and United States Citizenship and Immigration Services, 
    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)), including--
            ``(A) the inspection, processing, and admission of persons 
        who seek to enter or depart the United States; and
            ``(B) 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;
        ``(9) 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;
        ``(10) 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);
        ``(11) enforce and administer the laws relating to agricultural 
    import and entry inspection referred to in section 421;
        ``(12) 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;
        ``(13) ensure that the policies and regulations of U.S. Customs 
    and Border Protection are consistent with the obligations of the 
    United States pursuant to international agreements;
        ``(14) 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); and
            ``(B) the Customs-Trade Partnership Against Terrorism 
        program under subtitle B of title II of such Act (6 U.S.C. 961 
        et seq.);
        ``(15) conduct polygraph examinations in accordance with 
    section 3(1) of the Anti-Border Corruption Act of 2010 (Public Law 
    111-376; 124 Stat. 4105);
        ``(16) establish the standard operating procedures described in 
    subsection (k);
        ``(17) carry out the training required under subsection (l); 
    and
        ``(18) 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--
            ``(A) be at the level of Executive Assistant Commissioner 
        within U.S. Customs and Border Protection; and
            ``(B) 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 the illegal entry of terrorists, 
        terrorist weapons, persons, and contraband; and
            ``(C) carry out other duties and powers prescribed by the 
        Commissioner.
    ``(f) Air and Marine Operations.--
        ``(1) In general.--There is established in U.S. Customs and 
    Border Protection an office known as Air and Marine Operations.
        ``(2) Executive assistant commissioner.--There shall be at the 
    head of Air and Marine Operations an Executive Assistant 
    Commissioner, who shall report to the Commissioner.
        ``(3) Duties.--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 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 Executive Assistant Commissioner 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, as directed by the Secretary;
                ``(ii) monitor and coordinate the airspace for unmanned 
            aerial systems operations 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, in 
            coordination with other appropriate agencies, as determined 
            by the Executive Assistant Commissioner;
                ``(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 Executive 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) Executive assistant commissioner.--There shall be at the 
    head of the Office of Field Operations an Executive 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);
            ``(F) coordinate with the Executive Assistant Commissioner 
        for the Office of Trade with respect to the trade facilitation 
        and trade enforcement activities of U.S. Customs and Border 
        Protection; and
            ``(G) 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 Executive 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 to identify and 
            address security risks and strengthen trade enforcement;
                ``(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) coordinate with the Transportation Security 
            Administration, as appropriate;
                ``(vi) issue Trade Alerts pursuant to section 111(b) of 
            the Trade Facilitation and Trade Enforcement Act of 2015; 
            and
                ``(vii) carry out other duties and powers prescribed by 
            the Executive Assistant Commissioner.
        ``(5) Annual report on staffing.--
            ``(A) In general.--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 Executive Assistant 
        Commissioner 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 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.
            ``(B) Form.--The report required under subparagraph (A) 
        shall, to the greatest extent practicable, be submitted in 
        unclassified form, but may be submitted in classified form, if 
        the Executive Assistant Commissioner determines that such is 
        appropriate and informs 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 of the reasoning for 
        such.
    ``(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) manage the counterintelligence operations of U.S. 
        Customs and Border Protection;
            ``(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's duties and 
        responsibilities;
            ``(D) provide necessary capacity building, training, and 
        assistance to foreign customs and border control agencies to 
        strengthen border, 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 with customs authorities of foreign 
        countries with respect to trade facilitation and trade 
        enforcement;
            ``(G) coordinate U.S. Customs and Border Protection's 
        engagement in international negotiations;
            ``(H) advise the Commissioner with respect to matters 
        arising in the World Customs Organization and other 
        international organizations as such matters relate to the 
        policies and procedures of U.S. Customs and Border Protection;
            ``(I) advise the Commissioner regarding international 
        agreements to which the United States is a party as such 
        agreements relate to the policies and regulations of U.S. 
        Customs and Border Protection; and
            ``(J) carry out other duties and powers prescribed by the 
        Commissioner.
    ``(j) Office of Professional Responsibility.--
        ``(1) In general.--There is established in U.S. Customs and 
    Border Protection an Office of Professional Responsibility.
        ``(2) Assistant commissioner.--There shall be at the head of 
    the Office of Professional Responsibility an Assistant 
    Commissioner, who shall report to the Commissioner.
        ``(3) Duties.--The Office of Professional Responsibility 
    shall--
            ``(A) investigate criminal and administrative matters and 
        misconduct by officers, agents, and other employees of U.S. 
        Customs and Border Protection;
            ``(B) manage integrity-related programs and policies of 
        U.S. Customs and Border Protection;
            ``(C) conduct research and analysis regarding misconduct of 
        officers, agents, and other employees of U.S. Customs and 
        Border Protection; and
            ``(D) 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) uniform, standardized, and publicly-available 
        procedures 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 
        Executive 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.--The Commissioner may withhold the 
    notifications required under paragraphs (1)(C) and (2) if the 
    Commissioner determines, in the sole and unreviewable discretion of 
    the Commissioner, that such notifications would impair national 
    security, law enforcement, or other operational interests.
        ``(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, during 
    each of the three calendar years beginning in the calendar year 
    that begins after the date of the enactment of the Trade 
    Facilitation and Trade Enforcement Act of 2015, 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 Committee on Homeland Security of the House of 
    Representatives and the Committee on Homeland Security and 
    Governmental Affairs of the Senate 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 devices was subjected to such searches and 
        was transmitted to another Federal agency, including whether 
        such transmissions resulted in a prosecution or conviction.
        ``(6) Requirements regarding other notifications.--The standard 
    use of force 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 Committee on Homeland Security of 
        the House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs of the Senate; 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 Committee on Homeland Security of the House of 
    Representatives and the Committee on Homeland Security and 
    Governmental Affairs of the Senate an annual report, for each of 
    the three calendar years beginning in the calendar year that begins 
    after the date of the enactment of the Trade Facilitation and Trade 
    Enforcement Act of 2015, that reviews whether the use of unmanned 
    aerial systems is being conducted in conformity with the standard 
    operating procedures required under subparagraph (E) of paragraph 
    (1). Such reports--
            ``(A) shall be submitted with the annual budget of the 
        United States Government submitted by the President under 
        section 1105 of title 31, United States Code;
            ``(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 are 
            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 a United 
    States port of entry or between ports 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 the Trade 
    Facilitation and Trade Enforcement Act of 2015, the Comptroller 
    General of the United States 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 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 publicly 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 for travelers entering the 
        United States 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 website;
            ``(C) 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, for each of the five 
        calendar years beginning in the calendar year that begins after 
        the date of the enactment of the Trade Facilitation and Trade 
        Enforcement Act of 2015, a report that includes 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 positions of 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 under paragraph (1), the Secretary shall notify 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 not later than 30 days before exercising such authority.
    ``(p) Reports to Congress.--The Commissioner shall, on and after 
the date of the enactment of the Trade Facilitation and Trade 
Enforcement Act of 2015, continue to 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 any report required, 
on the day before such date of enactment, to be submitted under any 
provision of law.
    ``(q) Other Federal Agencies.--Nothing in this section may be 
construed as affecting in any manner the authority, existing on the day 
before the date of the enactment of the Trade Facilitation and Trade 
Enforcement Act of 2015, of any other Federal agency or component of 
the Department.
    ``(r) Definitions.--In this section, the terms `commercial 
operations', `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.''.
    (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 the date of the 
    enactment of this Act, and section 415 of the Homeland Security Act 
    of 2002.
        (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 individual serving as Deputy 
    Commissioner, and 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 Executive Assistant 
    Commissioners, Deputy Commissioner, Assistant Commissioners, and 
    other officers and officials, as appropriate, 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) Executive Assistant Commissioner.--There shall be at the head 
of the Office of Trade an Executive Assistant Commissioner, who shall 
report to the Commissioner of U.S. Customs and Border Protection.
    ``(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 of U.S. Customs and Border 
    Protection 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 with the Executive 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;
        ``(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 for trade facilitation and trade enforcement 
    required under section 105 of the Trade Facilitation and Trade 
    Enforcement Act of 2015;
        ``(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)(4) of the Consolidated 
    Omnibus Budget and Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)) 
    and support for the establishment of the International Trade Data 
    System under the oversight of the Department of the Treasury 
    pursuant to section 411(d) of the Tariff Act of 1930 (19 U.S.C. 
    1411(d));
        ``(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 June 1, 2016, and March 1 
    of each calendar year thereafter 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, Personnel, or Liabilities; 
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 of U.S. Customs and Border 
        Protection 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 the 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, or liabilities of the Office of International Trade 
        to an office other than the Office of Trade established under 
        subsection (a), unless the Commissioner of U.S. Customs and 
        Border Protection notifies 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 
        of the specific assets, functions, personnel, or liabilities to 
        be transferred, and the reason for the transfer, not less than 
        90 days prior to the transfer of such assets, functions, 
        personnel, or liabilities.
            ``(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 this 
        Act 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 of U.S. Customs and 
        Border Protection 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 
        (a).
            ``(B) Congressional notification.--Not less than 90 days 
        prior to the transfer of assets, functions, personnel, or 
        liabilities under subparagraph (A), the Commissioner of U.S. 
        Customs and Border Protection shall notify 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 of the specific assets, functions, personnel, or 
        liabilities to be transferred, and the reason for such 
        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 
    Executive Assistant Commissioner of Trade on and after such date of 
    enactment, at the discretion of the Commissioner of U.S. Customs 
    and Border Protection.
        (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 and 
    annually thereafter for the next five years, the Commissioner shall 
    submit to the Committee on Ways and Means and the Committee on 
    Homeland Security of the House of Representatives and the Committee 
    on Finance and the Committee on Homeland Security and Governmental 
    Affairs 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 
    than 180 days after the date of the enactment of this Act, the 
    Commissioner 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 and annually thereafter for the next 
    three years, the Commissioner 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) Agricultural Specialist Career Track.--Not later than one year 
after the date of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the Committee on 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 plan to create an agricultural 
specialist career track within U.S. Customs and Border Protection. Such 
plan shall include the following:
        (1) A description of education, training, experience, and 
    assignments necessary for career progression as an agricultural 
    specialist.
        (2) Recruitment and retention goals for agricultural 
    specialists, including a timeline for fulfilling staffing deficits 
    identified in agricultural resource allocation models.
        (3) An assessment of equipment and other resources needed to 
    support agricultural specialists.
        (4) Any other factors the Commissioner determines appropriate.
    (l) 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.

                  Subtitle B--Preclearance Operations

    SEC. 811. SHORT TITLE.
    This subtitle may be cited as the ``Preclearance Authorization Act 
of 2015''.
    SEC. 812. DEFINITIONS.
    In this subtitle:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means--
            (A) the Committee on Homeland Security and Governmental 
        Affairs, the Committee on Finance, the Committee on Commerce, 
        Science, and Transportation, and the Committee on 
        Appropriations of the Senate; and
            (B) the Committee on Homeland Security, the Committee on 
        Ways and Means, and the Committee on Appropriations of the 
        House of Representatives.
        (2) Secretary.--The term ``Secretary'' means the Secretary of 
    Homeland Security.
    SEC. 813. ESTABLISHMENT OF PRECLEARANCE OPERATIONS.
    Pursuant to section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) 
and section 103(a)(7) of the Immigration and Nationality Act (8 U.S.C. 
1103(a)(7)), and provided that an aviation security preclearance 
agreement (as defined in section 44901(d)(4)(B) of title 49, United 
States Code) is in effect, the Secretary may establish and maintain 
U.S. Customs and Border Protection preclearance operations in a foreign 
country--
        (1) to prevent terrorists, instruments of terrorism, and other 
    security threats from entering the United States;
        (2) to prevent inadmissible persons from entering the United 
    States;
        (3) to ensure that merchandise destined for the United States 
    complies with applicable laws;
        (4) to ensure the prompt processing of persons eligible to 
    travel to the United States; and
        (5) to accomplish such other objectives as the Secretary 
    determines are necessary to protect the United States.
    SEC. 814. NOTIFICATION AND CERTIFICATION TO CONGRESS.
    (a) Initial Notification.--Not later than 60 days before an 
agreement with the government of a foreign country to establish U.S. 
Customs and Border Protection preclearance operations in such foreign 
country enters into force, the Secretary shall provide the appropriate 
congressional committees with--
        (1) a copy of the agreement to establish such preclearance 
    operations, which shall include--
            (A) the identification of the foreign country with which 
        U.S. Customs and Border Protection intends to enter into a 
        preclearance agreement;
            (B) the location at which such preclearance operations will 
        be conducted; and
            (C) the terms and conditions for U.S. Customs and Border 
        Protection personnel operating at the location;
        (2) an assessment of the impact such preclearance operations 
    will have on legitimate trade and travel, including potential 
    impacts on passengers traveling to the United States;
        (3) an assessment of the impacts such preclearance operations 
    will have on U.S. Customs and Border Protection domestic port of 
    entry staffing;
        (4) country-specific information on the anticipated homeland 
    security benefits associated with establishing such preclearance 
    operations;
        (5) information on potential security vulnerabilities 
    associated with commencing such preclearance operations and 
    mitigation plans to address such potential security 
    vulnerabilities;
        (6) a U.S. Customs and Border Protection staffing model for 
    such preclearance operations and plans for how such positions would 
    be filled; and
        (7) information on the anticipated costs over the 5 fiscal 
    years after the agreement enters into force associated with 
    commencing such preclearance operations.
    (b) Further Notification Relating to Preclearance Operations 
Established at Airports.--Not later than 45 days before an agreement 
with the government of a foreign country to establish U.S. Customs and 
Border Protection preclearance operations at an airport in such country 
enters into force, the Secretary, in addition to complying with the 
notification requirements under subsection (a), shall provide the 
appropriate congressional committees with--
        (1) an estimate of the date on which U.S. Customs and Border 
    Protection intends to establish preclearance operations under such 
    agreement, including any pending caveats that must be resolved 
    before preclearance operations are approved;
        (2) the anticipated funding sources for preclearance operations 
    under such agreement, and other funding sources considered;
        (3) a homeland security threat assessment for the country in 
    which such preclearance operations are to be established;
        (4) information on potential economic, competitive, and job 
    impacts on United States air carriers associated with establishing 
    such preclearance operations;
        (5) details on information sharing mechanisms to ensure that 
    U.S. Customs and Border Protection has current information to 
    prevent terrorist and criminal travel; and
        (6) other factors that the Secretary determines to be necessary 
    for Congress to comprehensively assess the appropriateness of 
    commencing such preclearance operations.
    (c) Certifications Relating to Preclearance Operations Established 
at Airports.--Not later than 60 days before an agreement with the 
government of a foreign country to establish U.S. Customs and Border 
Protection preclearance operations at an airport in such country enters 
into force, the Secretary, in addition to complying with the 
notification requirements under subsections (a) and (b), shall provide 
the appropriate congressional committees with--
        (1) a certification that preclearance operations under such 
    preclearance agreement, after considering alternative options, 
    would provide homeland security benefits to the United States 
    through the most effective means possible;
        (2) a certification that preclearance operations within such 
    foreign country will be established under such agreement only if--
            (A) at least one United States passenger carrier operates 
        at such airport; and
            (B) any United States passenger carriers operating at such 
        airport and desiring to participate in preclearance operations 
        are provided access that is comparable to that of any non-
        United States passenger carrier operating at that airport;
        (3) a certification that the establishment of preclearance 
    operations in such foreign country will not significantly increase 
    customs processing times at United States airports;
        (4) a certification that representatives from U.S. Customs and 
    Border Protection consulted with stakeholders, including providers 
    of commercial air service in the United States, employees of such 
    providers, security experts, and such other parties as the 
    Secretary determines to be appropriate; and
        (5) a report detailing the basis for the certifications 
    referred to in paragraphs (1) through (4).
    (d) Amendment of Existing Agreements.--Not later than 30 days 
before a substantially amended preclearance agreement with the 
government of a foreign country in effect as of the date of the 
enactment of this Act enters into force, the Secretary shall provide to 
the appropriate congressional committees--
        (1) a copy of the agreement, as amended; and
        (2) the justification for such amendment.
    (e) Implementation Plan.--
        (1) In general.--The Commissioner shall report to the 
    appropriate congressional committees, on a quarterly basis--
            (A) the number of U.S. Customs and Border Protection 
        officers, by port, assigned from domestic ports of entry to 
        preclearance operations; and
            (B) the number of the positions at domestic ports of entry 
        vacated by U.S. Customs and Border Protection officers 
        described in subparagraph (A) that have been filled by other 
        hired, trained, and equipped U.S. Customs and Border Protection 
        officers.
        (2) Submission.--If the Commissioner has not filled the 
    positions of U.S. Customs and Border Protection officers that were 
    reassigned to preclearance operations and determines that U.S. 
    Customs and Border Protection processing times at domestic ports of 
    entry from which U.S. Customs and Border Protection officers were 
    reassigned to preclearance operations have significantly increased, 
    the Commissioner, not later than 60 days after making such a 
    determination, shall submit to the appropriate congressional 
    committees an implementation plan for reducing processing times at 
    the domestic ports of entry with such increased processing times.
        (3) Suspension.--If the Commissioner does not submit the 
    implementation plan described in paragraph (2) to the appropriate 
    congressional committees before the deadline set forth in such 
    paragraph, the Commissioner may not commence preclearance 
    operations at an additional port of entry in any country until such 
    implementation plan is submitted.
    (f) Classified Report.--The report required under subsection (c)(5) 
may be submitted in classified form if the Secretary determines that 
such form is appropriate.
    SEC. 815. PROTOCOLS.
    Section 44901(d)(4) of title 49, United States Code, is amended--
        (1) by redesignating subparagraph (C) as subparagraph (D); and
        (2) by inserting after subparagraph (B) the following:
            ``(C) Rescreening requirement.--If the Administrator of the 
        Transportation Security Administration determines that the 
        government of a foreign country has not maintained security 
        standards and protocols comparable to those of the United 
        States at airports at which preclearance operations have been 
        established in accordance with this paragraph, the 
        Administrator shall ensure that Transportation Security 
        Administration personnel rescreen passengers arriving from such 
        airports and their property in the United States before such 
        passengers are permitted into sterile areas of airports in the 
        United States.''.
    SEC. 816. LOST AND STOLEN PASSPORTS.
    The Secretary may not enter into an agreement with the government 
of a foreign country to establish or maintain U.S. Customs and Border 
Protection preclearance operations at an airport in such country unless 
the Secretary certifies to the appropriate congressional committees 
that such government--
        (1) routinely submits information about lost and stolen 
    passports of its citizens and nationals to INTERPOL's Stolen and 
    Lost Travel Document database; or
        (2) makes such information available to the United States 
    Government through another comparable means of reporting.
    SEC. 817. RECOVERY OF INITIAL U.S. CUSTOMS AND BORDER PROTECTION 
      PRECLEARANCE OPERATIONS COSTS.
    (a) Cost Sharing Agreements With Relevant Airport Authorities.--The 
Commissioner may enter into a cost sharing agreement with airport 
authorities in foreign countries at which preclearance operations are 
to be established or maintained if--
        (1) an executive agreement to establish or maintain such 
    preclearance operations pursuant to the authorities under section 
    629 of the Tariff Act of 1930 (19 U.S.C. 1629) and section 
    103(a)(7) of the Immigration and Nationality Act (8 U.S.C. 
    1103(a)(7)) has been signed, but has not yet entered into force; 
    and
        (2) U.S. Customs and Border Protection has incurred, or expects 
    to incur, initial preclearance operations costs in order to 
    establish or maintain preclearance operations under the agreement 
    described in paragraph (1).
    (b) Contents of Cost Sharing Agreements.--
        (1) In general.--Notwithstanding section 13031(e) of the 
    Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
    58c(e)) and section 286(g) of the Immigration and Nationality Act 
    (8 U.S.C. 1356(g)), any cost sharing agreement with an airport 
    authority authorized under subsection (a) may provide for the 
    airport authority's payment to U.S. Customs and Border Protection 
    of its initial preclearance operations costs.
        (2) Timing of payments.--The airport authority's payment to 
    U.S. Customs and Border Protection for its initial preclearance 
    operations costs may be made in advance of the incurrence of the 
    costs or on a reimbursable basis.
    (c) Account.--
        (1) In general.--All amounts collected pursuant to any cost 
    sharing agreement authorized under subsection (a)--
            (A) shall be credited as offsetting collections to the 
        currently applicable appropriation, account, or fund of U.S. 
        Customs and Border Protection;
            (B) shall remain available, until expended, for the 
        purposes for which such appropriation, account, or fund is 
        authorized to be used; and
            (C) may be collected and shall be available only to the 
        extent provided in appropriations Acts.
        (2) Return of unused funds.--Any advances or reimbursements not 
    used by U.S. Customs and Border Protection may be returned to the 
    relevant airport authority.
        (3) Rule of construction.--Nothing in this subsection may be 
    construed to preclude the use of appropriated funds from sources 
    other than the payments collected under this subtitle to pay 
    initial preclearance operation costs.
    (d) Defined Term.--
        (1) In general.--In this section, the term ``initial 
    preclearance operations costs'' means the costs incurred, or 
    expected to be incurred, by U.S. Customs and Border Protection to 
    establish or maintain preclearance operations at an airport in a 
    foreign country, including costs relating to--
            (A) hiring, training, and equipping new U.S. Customs and 
        Border Protection officers who will be stationed at United 
        States domestic ports of entry or other U.S. Customs and Border 
        Protection facilities to backfill U.S. Customs and Border 
        Protection officers to be stationed at an airport in a foreign 
        country to conduct preclearance operations; and
            (B) visits to the airport authority conducted by U.S. 
        Customs and Border Protection personnel necessary to prepare 
        for the establishment or maintenance of preclearance operations 
        at such airport, including the compensation, travel expenses, 
        and allowances payable to such personnel attributable to such 
        visits.
        (2) Exception.--The costs described in paragraph (1)(A) shall 
    not include the salaries and benefits of new U.S. Customs and 
    Border Protection officers once such officers are permanently 
    stationed at a domestic United States port of entry or other 
    domestic U.S. Customs and Border Protection facility after being 
    hired, trained, and equipped.
    (e) Rule of Construction.--Except as otherwise provided in this 
section, nothing in this section may be construed as affecting the 
responsibilities, duties, or authorities of U.S. Customs and Border 
Protection.
    SEC. 818. COLLECTION AND DISPOSITION OF FUNDS COLLECTED FOR 
      IMMIGRATION INSPECTION SERVICES AND PRECLEARANCE ACTIVITIES.
    (a) Immigration and Nationality Act.--Section 286(i) of the 
Immigration and Nationality Act (8 U.S.C. 1356(i)) is amended by 
striking the last sentence and inserting the following: 
``Reimbursements under this subsection may be collected in advance of 
the provision of such immigration inspection services. Notwithstanding 
subsection (h)(1)(B), and only to the extent provided in appropriations 
Acts, any amounts collected under this subsection shall be credited as 
offsetting collections to the currently applicable appropriation, 
account, or fund of U.S. Customs and Border Protection, remain 
available until expended, and be available for the purposes for which 
such appropriation, account, or fund is authorized to be used.''.
    (b) Farm Security and Rural Investment Act of 2002.--Section 
10412(b) of the Farm Security and Rural Investment Act of 2002 (7 
U.S.C. 8311(b)) is amended to read as follows:
    ``(b) Funds Collected for Preclearance.--Funds collected for 
preclearance activities--
        ``(1) may be collected in advance of the provision of such 
    activities;
        ``(2) shall be credited as offsetting collections to the 
    currently applicable appropriation, account, or fund of U.S. 
    Customs and Border Protection;
        ``(3) shall remain available until expended;
        ``(4) shall be available for the purposes for which such 
    appropriation, account, or fund is authorized to be used; and
        ``(5) may be collected and shall be available only to the 
    extent provided in appropriations Acts.''.
    SEC. 819. APPLICATION TO NEW AND EXISTING PRECLEARANCE OPERATIONS.
    Except for sections 814(d), 815, 817, and 818, this subtitle shall 
only apply to the establishment of preclearance operations in a foreign 
country in which no preclearance operations have been established as of 
the date of the enactment of this Act.

                   TITLE IX--MISCELLANEOUS PROVISIONS

    SEC. 901. DE MINIMIS VALUE.
    (a) Findings.--Congress makes the following findings:
        (1) Modernizing international customs is critical for United 
    States businesses of all sizes, consumers in the United States, and 
    the economic growth of the United States.
        (2) Higher thresholds for the value of articles that may be 
    entered informally and free of duty provide significant economic 
    benefits to businesses and consumers in the United States and the 
    economy of the United States through costs savings and reductions 
    in trade transaction costs.
    (b) Sense of Congress.--It is the sense of Congress that the United 
States Trade Representative should encourage other countries, through 
bilateral, regional, and multilateral fora, to establish commercially 
meaningful de minimis values for express and postal shipments that are 
exempt from customs duties and taxes and from certain entry 
documentation requirements, as appropriate.
    (c) 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''.
    (d) Effective Date.--The amendment made by subsection (c) 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 Security and Accountability For Every Port 
Act of 2006 (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'';
            (D) in subparagraph (C)(ii), by striking subclause (II) and 
        inserting the following:

                    ``(II) received the imported merchandise, other 
                merchandise classifiable under the same 8-digit HTS 
                subheading number as such imported merchandise, or any 
                combination of such imported merchandise and such other 
                merchandise, directly or indirectly from the person who 
                imported and paid any duties, taxes, and fees imposed 
                under Federal law upon importation or entry and due on 
                the imported merchandise (and any such transferred 
                merchandise, regardless of its origin, will be treated 
                as the imported merchandise and any retained 
                merchandise will be treated as domestic 
                merchandise);''; and

            (E) in the flush text at the end--
                (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.'';
        (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, 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 on the imported merchandise, which 
        were imposed under Federal law upon entry or importation of the 
        imported merchandise, and may require the claim to be based 
        upon the average per unit duties, taxes, and fees as reported 
        on the entry summary line item or, if not reported on the entry 
        summary line item, as otherwise allocated by U.S. Customs and 
        Border Protection, except that where there is substitution of 
        the 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 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 manufactured articles into 
        which imported or 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 equal to 99 percent of the 
        duties, taxes, and fees paid on the imported merchandise 
        incorporated into an article that is exported or destroyed, 
        which were imposed under Federal law upon entry or importation 
        of the imported merchandise incorporated into an article that 
        is exported or destroyed, and may require the claim to be based 
        upon the average per unit duties, taxes, and fees as reported 
        on the entry summary line item, or if not reported on the entry 
        summary line item, as otherwise allocated by U.S. Customs and 
        Border Protection, 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).

            ``(D) Exceptions.--The calculations set forth in 
        subparagraphs (B) and (C) shall not apply to claims for wine 
        based on subsection (j)(2) and claims based on subsection (p) 
        and instead--
                ``(i) for any drawback claim for wine based on 
            subsection (j)(2), the amount of the refund shall be equal 
            to 99 percent of the duties, taxes, and fees paid with 
            respect to the imported merchandise, without regard to the 
            limitations in subparagraphs (B)(i) and (B)(ii); and
                ``(ii) for any drawback claim based on subsection (p), 
            the amount of the refund shall be subject to the 
            limitations set out in paragraph (4) of that subsection and 
            without regard to subparagraph (B)(i), (B)(ii), (C)(i), or 
            (C)(ii).
        ``(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'' each place 
    it appears 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 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 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) shall 
    include the following:
            (A) An assessment of the modernization of drawback and 
        refunds under section 313 of the Tariff Act of 1930, as amended 
        by this section.
            (B) A description of drawback claims that were permissible 
        before the effective date provided for in subsection (q) that 
        are not permissible after that effective date and an 
        identification of industries most affected.
            (C) A description of drawback claims that were not 
        permissible before the effective date provided for in 
        subsection (q) that are permissible after that effective date 
        and an identification of industries most affected.
    (q) Effective Date.--
        (1) In general.--The amendments made by this section shall--
            (A) take effect on the date of the enactment of this Act; 
        and
            (B) except as provided in paragraph (3), apply to drawback 
        claims filed on or after the date that is 2 years after such 
        date of enactment.
        (2) Reporting of operability of automated commercial 
    environment computer system.--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 the Committee on Finance of the Senate and the Committee on Ways 
    and Means of the House of Representatives 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) of this section.
        (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, 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. 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 and the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Ways and Means 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, including 
    an identification of the authority under which the program 
    operates.
        (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 and security benefits (if applicable) 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) The total operating expenses of the program during that 
    year.
        (7) A detailed accounting of how the fees collected under the 
    agreement have been spent during that year.
        (8) A summary of any complaints or criticism received by U.S. 
    Customs and Border Protection during that year regarding the 
    agreement.
        (9) An assessment of the compliance of the entity described in 
    paragraph (2) with the terms of the agreement.
        (10) Recommendations with respect to how activities conducted 
    pursuant to the agreement could function more effectively or better 
    produce economic benefits and security benefits (if applicable).
        (11) 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.
        (12) If the entity described in paragraph (2) is an operator of 
    an airport--
            (A) a detailed account of the revenue collected by U.S. 
        Customs and Border Protection at the airport from--
                (i) fees collected under the agreement; and
                (ii) fees collected from sources other than under the 
            agreement, including fees paid by passengers and air 
            carriers; and
            (B) an assessment of the revenue described in subparagraph 
        (A) compared with the operating costs of U.S. Customs and 
        Border Protection at the airport.
    (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);
        (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);
        (3) the program under which U.S. Customs and Border Protection 
    collects a fee for the use of customs services at designated 
    facilities under section 236 of the Trade and Tariff Act of 1984 
    (19 U.S.C. 58b); or
        (4) the program established by subtitle B of title VIII of this 
    Act authorizing U.S. Customs and Border Protection to establish 
    preclearance operations in foreign countries.
    SEC. 908. CHARTER FLIGHTS.
    Section 13031(e)(1) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) is amended--
        (1) by striking ``(1) Notwithstanding section 451 of the Tariff 
    Act of 1930 (19 U.S.C. 1451) or any other provision of law (other 
    than paragraph (2))'' and inserting the following:
    ``(1)(A) Notwithstanding section 451 of the Tariff Act of 1930 (19 
U.S.C. 1451) or any other provision of law (other than subparagraph (B) 
and paragraph (2))''; and
        (2) by adding at the end the following:
    ``(B)(i) An appropriate officer of U.S. Customs and Border 
Protection may assign a sufficient number of employees of U.S. Customs 
and Border Protection (if available) to perform services described in 
clause (ii) for a charter air carrier (as defined in section 40102 of 
title 49, United States Code) for a charter flight arriving after 
normal operating hours at an airport that is an established port of 
entry serviced by U.S. Customs and Border Protection, notwithstanding 
that overtime funds for those services are not available, if the 
charter air carrier--
        ``(I) not later than 4 hours before the flight arrives, 
    specifically requests that such services be provided; and
        ``(II) pays any overtime fees incurred in connection with such 
    services.
    ``(ii) Services described in this clause are customs services for 
passengers and their baggage or any other similar service that could 
lawfully be performed during regular hours of operation.''.
    SEC. 909. 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 $45,000,000,000 in goods and services is traded 
    annually between the two countries, in addition to roughly 
    $10,000,000,000 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; 22 U.S.C. 8601 et 
    seq.) and the United States-Israel Strategic Partnership Act of 
    2014 (Public Law 113-296; 128 Stat. 4075).
        (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 (50 U.S.C. 4601 et seq.) (as 
        continued in effect pursuant to the International Emergency 
        Economic Powers Act (50 U.S.C. 1701 et seq.)), including 
        sections to ensure foreign persons comply with applicable 
        reporting requirements relating to the Boycott;
            (C) enactment of the Tax Reform Act of 1976 (Public Law 94-
        455; 90 Stat. 1520) 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 economic cooperation between 
    the United States and Israel 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 of, divestment from, or sanctions against Israel;
        (5) notes that boycotts of, divestment from, and sanctions 
    against Israel by governments, governmental bodies, quasi-
    governmental bodies, international organizations, and other such 
    entities are contrary to principle of nondiscrimination under the 
    GATT 1994 (as defined in section 2(1)(B) of the Uruguay Round 
    Agreements Act (19 U.S.C. 3501(1)(B)));
        (6) encourages the inclusion of politically motivated actions 
    that penalize or otherwise limit commercial relations specifically 
    with Israel such as boycotts of, divestment from, or sanctions 
    against Israel as a topic of discussion at the U.S.-Israel Joint 
    Economic Development Group (JEDG) to support the strengthening of 
    the United States-Israel commercial relationship and combat any 
    commercial discrimination against Israel; and
        (7) supports efforts to prevent investigations or prosecutions 
    by governments or international organizations of United States 
    persons solely on the basis of such persons doing business with 
    Israel, with Israeli entities, or in any territory controlled by 
    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 boycotts of, 
        divestment from, and sanctions against Israel and to seek the 
        elimination of politically motivated nontariff barriers on 
        Israeli goods, services, or other commerce imposed on Israel.
            (C) To seek the elimination of state-sponsored unsanctioned 
        foreign boycotts of 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 such date of enactment.
    (d) Report on Politically Motivated Acts of Boycott of, 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 boycotts of, 
    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 nontariff 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 solely on the 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 any territory controlled by 
        Israel.
    (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 in Israel or any territory controlled by Israel or with 
Israeli entities constitutes a violation of law.
    (f) Definitions.--In this section:
        (1) Boycott of, divestment from, and sanctions against 
    israel.--The term ``boycott of, divestment from, and sanctions 
    against Israel'' means actions by states, nonmember 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 
    any territory controlled by Israel.
        (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) an individual who is not a United States person or an 
        alien lawfully admitted for permanent residence into the United 
        States; or
            (B) a corporation, partnership, or other nongovernmental 
        entity which is not a United States person.
        (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 that 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. 910. 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. 911. VOLUNTARY RELIQUIDATIONS BY U.S. CUSTOMS AND BORDER 
      PROTECTION.
    Section 501 of the Tariff Act of 1930 (19 U.S.C. 1501) is amended--
        (1) in the section heading, by striking ``the customs service'' 
    and inserting ``u.s. customs and border protection'';
        (2) by striking ``the Customs Service'' and inserting ``U.S. 
    Customs and Border Protection''; and
        (3) by striking ``on which notice of the original liquidation 
    is given or transmitted to the importer, his consignee or agent'' 
    and inserting ``of the original liquidation''.
    SEC. 912. TARIFF CLASSIFICATION OF RECREATIONAL PERFORMANCE 
      OUTERWEAR.
    (a) Repeal.--Section 601 of the Trade Preferences Extension Act of 
2015 (Public Law 114-27; 129 Stat. 387) is repealed, and any provision 
of law amended by such section is restored as if such section had not 
been enacted into law.
    (b) Amendments to Additional U.S. Notes.--The additional U.S. notes 
to chapter 62 of the Harmonized Tariff Schedule of the United States 
are amended--
        (1) in additional U.S. note 2--
            (A) by striking ``For the purposes of subheadings'' and all 
        that follows through ``6211.20.15'' and inserting ``For the 
        purposes of subheadings 6201.92.17, 6201.92.35, 6201.93.47, 
        6201.93.60, 6202.92.05, 6202.92.30, 6202.93.07, 6202.93.48, 
        6203.41.01, 6203.41.25, 6203.43.03, 6203.43.11, 6203.43.55, 
        6203.43.75, 6204.61.05, 6204.61.60, 6204.63.02, 6204.63.09, 
        6204.63.55, 6204.63.75 and 6211.20.15'';
            (B) by striking ``(see ASTM designations D 3600-81 and D 
        3781-79)'' and inserting ``(see current version of ASTM 
        D7017)''; and
            (C) by striking ``in accordance with AATCC Test Method 35-
        1985.'' and inserting ``in accordance with the current version 
        of AATCC Test Method 35.''; and
        (2) by adding at the end the following new note:
    ``3. (a) When used in a subheading of this chapter or immediate 
superior text thereto, the term `recreational performance outerwear' 
means trousers (including, but not limited to, ski or snowboard pants, 
and ski or snowboard pants intended for sale as parts of ski-suits), 
coveralls, bib and brace overalls, jackets (including, but not limited 
to, full zip jackets, ski jackets and ski jackets intended for sale as 
parts of ski-suits), windbreakers and similar articles (including 
padded, sleeveless jackets), the foregoing of fabrics of cotton, wool, 
hemp, bamboo, silk or manmade fibers, or a combination of such fibers; 
that are either water resistant within the meaning of additional U.S. 
note 2 to this chapter or treated with plastics, or both; with 
critically sealed seams, and with 5 or more of the following features 
(as further provided herein):
        ``(i) insulation for cold weather protection;
        ``(ii) pockets, at least one of which has a zippered, hook and 
    loop, or other type of closure;
        ``(iii) elastic, draw cord or other means of tightening around 
    the waist or leg hems, including hidden leg sleeves with a means of 
    tightening at the ankle for trousers and tightening around the 
    waist or bottom hem for jackets;
        ``(iv) venting, not including grommet(s);
        ``(v) articulated elbows or knees;
        ``(vi) reinforcement in one of the following areas: the elbows, 
    shoulders, seat, knees, ankles or cuffs;
        ``(vii) weatherproof closure at the waist or front;
        ``(viii) multi-adjustable hood or adjustable collar;
        ``(ix) adjustable powder skirt, inner protective skirt or 
    adjustable inner protective cuff at sleeve hem;
        ``(x) construction at the arm gusset that utilizes fabric, 
    design or patterning to allow radial arm movement; or
        ``(xi) odor control technology.
The term `recreational performance outerwear' does not include 
occupational outerwear.
    ``(b) For purposes of this note, the following terms have the 
following meanings:
        ``(i) The term `treated with plastics' refers to textile 
    fabrics impregnated, coated, covered or laminated with plastics, as 
    described in note 2 to chapter 59.
        ``(ii) The term `sealed seams' means seams that have been 
    covered by means of taping, gluing, bonding, cementing, fusing, 
    welding or a similar process so that air and water cannot pass 
    through the seams when tested in accordance with the current 
    version of AATCC Test Method 35.
        ``(iii) The term `critically sealed seams' means--
            ``(A) for jackets, windbreakers and similar articles 
        (including padded, sleeveless jackets), sealed seams that are 
        sealed at the front and back yokes, or at the shoulders, arm 
        holes, or both, where applicable; and
            ``(B) for trousers, overalls and bib and brace overalls and 
        similar articles, sealed seams that are sealed at the front (up 
        to the zipper or other means of closure) and back rise.
        ``(iv) The term `insulation for cold weather protection' means 
    insulation that meets a minimum clo value of 1.5 per ASTM F 2732.
        ``(v) The term `venting' refers to closeable or permanent 
    constructed openings in a garment (excluding front, primary zipper 
    closures and grommet(s)) to allow increased expulsion of built-up 
    heat during outdoor activities. In a jacket, such openings are 
    often positioned on the underarm seam of a garment but may also be 
    placed along other seams in the front or back of a garment. In 
    trousers, such openings are often positioned on the inner or outer 
    leg seams of a garment but may also be placed along other seams in 
    the front or back of a garment.
        ``(vi) The term `articulated elbows or knees' refers to the 
    construction of a sleeve (or pant leg) to allow improved mobility 
    at the elbow (or knee) through the use of extra seams, darts, 
    gussets or other means.
        ``(vii) The term `reinforcement' refers to the use of a double 
    layer of fabric or section(s) of fabric that is abrasion-resistant 
    or otherwise more durable than the face fabric of the garment.
        ``(viii) The term `weatherproof closure' means a closure 
    (including, but not limited to, laminated or coated zippers, storm 
    flaps or other weatherproof construction) that has been reinforced 
    or engineered in a manner to reduce the penetration or absorption 
    of moisture or air through an opening in the garment.
        ``(ix) The term `multi-adjustable hood or adjustable collar' 
    means, in the case of a hood, a hood into which is incorporated two 
    or more draw cords, adjustment tabs or elastics, or, in the case of 
    a collar, a collar into which is incorporated at least one draw 
    cord, adjustment tab, elastic or similar component, to allow volume 
    adjustments around a helmet, or the crown of the head, neck or 
    face.
        ``(x) The terms `adjustable powder skirt' and `inner protective 
    skirt' refer to a partial lower inner lining with means of 
    tightening around the waist for additional protection from the 
    elements.
        ``(xi) The term `arm gusset' means construction at the arm of a 
    gusset that utilizes an extra fabric piece in the underarm, usually 
    diamond- or triangular-shaped, designed or patterned to allow 
    radial arm movement.
        ``(xii) The term `radial arm movement' refers to unrestricted, 
    180-degree range of motion for the arm while wearing performance 
    outerwear.
        ``(xiii) The term `odor control technology' means the 
    incorporation into a fabric or garment of materials, including, but 
    not limited to, activated carbon, silver, copper or any combination 
    thereof, capable of adsorbing, absorbing or reacting with human 
    odors, or effective in reducing the growth of odor-causing 
    bacteria.
        ``(xiv) The term `occupational outerwear' means outerwear 
    garments, including uniforms, of a kind principally used in the 
    work place and specially designed to provide protection from work 
    place hazards such as fire, electrical, abrasion or chemical 
    hazards, or impacts, cuts and punctures.
    ``(c) The importer of goods entered as `recreational performance 
outerwear' under a particular subheading of this chapter shall maintain 
records demonstrating that the entered goods meet the terms of this 
note, including such information as is necessary to demonstrate the 
presence of the specific features that render the goods eligible for 
classification as `recreational performance outerwear'.''.
    (c) Tariff Classifications.--Chapter 62 of the Harmonized Tariff 
Schedule of the United States is amended as follows:
        (1)(A) By striking subheadings 6201.91.10 through 6201.91.20 
    and inserting the following, with the superior text to subheading 
    6201.91.03 having the same degree of indentation as the article 
    description for subheading 6201.91.10 (as in effect on the day 
    before the effective date of this section):


``                  ....................  Recreational            .....................  ......................  ..........................
                                           performance
                                           outerwear:
                    6201.91.03              Padded, sleeveless    8.5%                   Free (AU, BH, CA, CL,   58.5%
                                             jackets............                          CO, IL, JO, KR, MA,
                                                                                          MX, P, PA, PE, SG)
                                                                                          2.5% (OM)
                    6201.91.05              Other...............  49.7 cents/kg + 19.7%  Free (AU,BH, CA, CL,    52.9 cents/kg + 58.5%
                                                                                          CO, IL, JO, KR, MA,
                                                                                          MX, P, PA, PE, SG)
                                                                                          14.9 cents/kg +5.9%
                                                                                          (OM)
                    ....................  Other:                  .....................  ......................  ..........................
                    6201.91.25              Padded, sleeveless    8.5%                   Free (AU,BH, CA, CL,     58.5%
                                             jackets............                          CO, IL, JO, KR, MA,
                                                                                          MX, P, PA, PE, SG)
                                                                                          2.5% (OM)
                    6201.91.40              Other...............  49.7 cents/kg + 19.7%  Free (AU,BH, CA, CL,    52.9 cents/kg + 58.5%           ''.
                                                                                          CO, IL, JO, KR, MA,
                                                                                          MX, P, PA, PE, SG)
                                                                                          14.9 cents/kg +5.9%
                                                                                          (OM)


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6201.91.10 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6201.91.03 and 6201.91.25 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (C) The staged reductions in the special rate of duty 
    proclaimed for subheading 6201.91.20 of such Schedule before the 
    effective date of this section shall apply to subheadings 
    6201.91.05 and 6201.91.40 of such Schedule, as added by 
    subparagraph (A), on and after such effective date.
        (2) By striking subheadings 6201.92.10 through 6201.92.20 and 
    inserting the following, with the superior text to subheading 
    6201.92.05 having the same degree of indentation as the article 
    description for subheading 6201.92.10 (as in effect on the day 
    before the effective date of this section):


``            ..............  Recreational      ................  ................  ...............
                               performance
                               outerwear:
              6201.92.05        Containing 15   4.4%              Free (AU, BH,     60%
                                 percent or                        CA, CL, CO, IL,
                                 more by                           JO, KR, MA, MX,
                                 weight of                         OM, P, PA, PE,
                                 down and                          SG)
                                 waterfowl
                                 plumage and
                                 of which down
                                 comprises 35
                                 percent or
                                 more by
                                 weight;
                                 containing 10
                                 percent or
                                 more by
                                 weight of
                                 down.........
              ..............    Other:          ................  ................  ...............
              6201.92.17         Water          6.2%              Free (AU, BH,     37.5%
                                  resistant...                     CA, CL, CO, IL,
                                                                   JO, KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              6201.92.19         Other........  9.4%              Free (AU,BH, CA,  90%
                                                                   CL, CO, IL, JO,
                                                                   KR, MA, MX, OM,
                                                                   P, PA, PE, SG)
              ..............  Other:            ................  ................  ...............
              6201.92.30        Containing 15   4.4%              Free (AU, BH,     60%
                                 percent or                        CA, CL, CO, IL,
                                 more by                           JO, KR, MA, MX,
                                 weight of                         OM, P, PA, PE,
                                 down and                          SG)
                                 waterfowl
                                 plumage and
                                 of which down
                                 comprises 35
                                 percent or
                                 more by
                                 weight;
                                 containing 10
                                 percent or
                                 more by
                                 weight of
                                 down.........
              ..............    Other:          ................  ................  ...............
              6201.92.35         Water          6.2%              Free (AU, BH,     37.5%
                                  resistant...                     CA, CL, CO, IL,
                                                                   JO, KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              6201.92.45         Other........  9.4%              Free (AU,BH, CA,  90%                  ''.
                                                                   CL, CO, IL, JO,
                                                                   KR, MA, MX, OM,
                                                                   P, PA, PE, SG)
 


        (3) By striking subheadings 6201.93.10 through 6201.93.35 and 
    inserting the following, with the superior text to subheading 
    6201.93.15 having the same degree of indentation as the article 
    description for subheading 6201.93.10 (as in effect on the day 
    before the effective date of this section):


``                  ....................  Recreational            .....................  ......................  ..........................
                                           performance
                                           outerwear:
                    6201.93.15              Containing 15         4.4%                   Free (AU, BH, CA, CL,   60%
                                             percent or more by                           CO, IL, JO, KR, MA,
                                             weight of down and                           MX, OM, P, PA, PE,
                                             waterfowl plumage                            SG)
                                             and of which down
                                             comprises 35
                                             percent or more by
                                             weight; containing
                                             10 percent or more
                                             by weight of down..
                    ....................    Other:                .....................  ......................  ..........................
                    6201.93.18               Padded, sleeveless   14.9%                  Free (AU, BH, CA, CL,   76%
                                              jackets...........                          CO, IL, JO, KR, MA,
                                                                                          MX, OM, P, PA, PE,
                                                                                          SG)
                    ....................     Other:               .....................  ......................  ..........................
                    6201.93.45                Containing 36       49.5 cents/kg + 19.6%  Free (AU, BH, CA, CL,   52.9 cents/kg + 58.5%
                                               percent or more                            CO, IL, JO, KR, MA,
                                               by weight of wool                          MX, OM, P, PA, PE,
                                               or fine animal                             SG)
                                               hair.............
                    ....................      Other:              .....................  ......................  ..........................
                    6201.93.47                 Water resistant..  7.1%                   Free (AU, BH, CA, CL,   65%
                                                                                          CO, IL, JO, KR, MA,
                                                                                          MX, OM, P, PA, PE,
                                                                                          SG)
                    6201.93.49                 Other............  27.7%                  Free (AU, BH, CA, CL,   90%
                                                                                          CO, IL, JO, KR, MA,
                                                                                          MX, OM, P, PA, PE,
                                                                                          SG)
                    ....................  Other:                  .....................  ......................  ..........................
                    6201.93.50              Containing 15         4.4%                   Free (AU, BH, CA, CL,   60%
                                             percent or more by                           CO, IL, JO, KR, MA,
                                             weight of down and                           MX, OM, P, PA, PE,
                                             waterfowl plumage                            SG)
                                             and of which down
                                             comprises 35
                                             percent or more by
                                             weight; containing
                                             10 percent or more
                                             by weight of down..
                    ....................    Other:                .....................  ......................  ..........................
                    6201.93.52               Padded, sleeveless   14.9%                  Free (AU, BH, CA, CL,   76%
                                              jackets...........                          CO, IL, JO, KR, MA,
                                                                                          MX, OM, P, PA, PE,
                                                                                          SG)
                    ....................     Other:               .....................  ......................  ..........................
                    6201.93.55                Containing 36       49.5 cents/kg + 19.6%  Free (AU, BH, CA, CL,   52.9 cents/kg + 58.5%
                                               percent or more                            CO, IL, JO, KR, MA,
                                               by weight of wool                          MX, OM, P, PA, PE,
                                               or fine animal                             SG)
                                               hair.............
                    ....................      Other:              .....................  ......................  ..........................
                    6201.93.60                 Water resistant..  7.1%                   Free (AU, BH, CA, CL,   65%
                                                                                          CO, IL, JO, KR, MA,
                                                                                          MX, OM, P, PA, PE,
                                                                                          SG)
                    6201.93.65                 Other............  27.7%                  Free (AU, BH, CA, CL,   90%                             ''.
                                                                                          CO, IL, JO, KR, MA,
                                                                                          MX, OM, P, PA, PE,
                                                                                          SG)


        (4) By striking subheadings 6201.99.10 through 6201.99.90 and 
    inserting the following, with the superior text to subheading 
    6201.99.05 having the same degree of indentation as the article 
    description for subheading 6201.99.10 (as in effect on the day 
    before the effective date of this section):


``            ..............  Recreational      ................  ................  ...............
                               performance
                               outerwear:
              6201.99.05        Containing 70   Free              ................  35%
                                 percent or
                                 more by
                                 weight of
                                 silk or silk
                                 waste........
              6201.99.15        Other.........  4.2%              Free (AU,BH, CA,  35%
                                                                   CL, CO, E*, IL,
                                                                   JO, KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              ..............  Other:            ................  ................  ...............
              6201.99.50        Containing 70   Free              ................  35%
                                 percent or
                                 more by
                                 weight of
                                 silk or silk
                                 waste........
              6201.99.80        Other.........  4.2%              Free (AU, BH,     35%                  ''.
                                                                   CA, CL, CO, E*,
                                                                   IL, JO, KR, MA,
                                                                   MX, OM, P, PA,
                                                                   PE, SG)


        (5)(A) By striking subheadings 6202.91.10 through 6202.91.20 
    and inserting the following, with the superior text to subheading 
    6202.91.03 having the same degree of indentation as the article 
    description for subheading 6202.91.10 (as in effect on the day 
    before the effective date of this section):


``                 ...................  Recreational           .....................  .........................  ..........................
                                         performance
                                         outerwear:
                   6202.91.03             Padded, sleeveless   14%                    Free (AU, BH, CA, CL, CO,  58.5%
                                           jackets...........                          IL, JO, KR, MA, MX, P,
                                                                                       PA, PE, SG) 4.2% (OM)
                   6202.91.15             Other..............  36 cents/kg + 16.3%    Free (AU,BH,CA,            46.3 cents/kg +58.5%
                                                                                       CL,CO,IL,JO,KR, MA,MX,P,
                                                                                       PA,PE,SG)
                                                                                       10.8 cents/kg + 4.8%
                                                                                       (OM)
                   ...................  Other:                 .....................  .........................  ..........................
                   6202.91.60             Padded, sleeveless   14%                    Free (AU, BH, CA, CL, CO,  58.5%
                                           jackets...........                          IL, JO, KR, MA, MX, P,
                                                                                       PA, PE, SG)
                                                                                      4.2% (OM)
                   6202.91.90             Other..............  36 cents/kg + 16.3%    Free (AU, BH, CA, CL, CO,  46.3 cents/kg + 58.5%           ''.
                                                                                       IL, JO, KR, MA, MX, P,
                                                                                       PA, PE, SG)
                                                                                      10.8 cents/kg + 4.8% (OM)
 


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6202.91.10 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6202.91.03 and 6202.91.60 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (C) The staged reductions in the special rate of duty 
    proclaimed for subheading 6202.91.20 of such Schedule before the 
    effective date of this section shall apply to subheadings 
    6202.91.15 and 6202.91.90 of such Schedule, as added by 
    subparagraph (A), on and after such effective date.
        (6) By striking subheadings 6202.92.10 through 6202.92.20 and 
    inserting the following, with the superior text to subheading 
    6202.92.03 having the same degree of indentation as the article 
    description for subheading 6202.92.10 (as in effect on the day 
    before the effective date of this section):


``            .............  Recreational     ...............  ...................  ...............
                              performance
                              outerwear:
              6202.92.03       Containing 15  4.4%             Free (AU, BH, CA,    60%
                                percent or                      CL, CO, IL, JO,
                                more by                         KR, MA, MX, OM, P,
                                weight of                       PA, PE, SG)
                                down and
                                waterfowl
                                plumage and
                                of which
                                down
                                comprises 35
                                percent or
                                more by
                                weight;
                                containing
                                10 percent
                                or more by
                                weight of
                                down........
              .............    Other:         ...............  ...................  ...............
              6202.92.05        Water         6.2%             Free (AU, BH, CA,    37.5%
                                 resistant..                    CL, CO, IL, JO,
                                                                KR, MA, MX, OM, P,
                                                                PA, PE, SG)
              6202.92.12        Other.......  8.9%             Free (AU, BH, CA,    90%
                                                                CL, CO, IL, JO,
                                                                KR, MA, MX,OM, P,
                                                                PA,PE, SG)
              .............  Other:           ...............  ...................  ...............
              6202.92.25       Containing 15  4.4%             Free (AU, BH, CA,    60%
                                percent or                      CL, CO, IL, JO,
                                more by                         KR, MA, MX, OM, P,
                                weight of                       PA, PE, SG)
                                down and
                                waterfowl
                                plumage and
                                of which
                                down
                                comprises 35
                                percent or
                                more by
                                weight;
                                containing
                                10 percent
                                or more by
                                weight of
                                down........
              .............    Other:         ...............  ...................  ...............
              6202.92.30        Water         6.2%             Free (AU, BH, CA,    37.5%
                                 resistant..                    CL, CO, IL, JO,
                                                                KR, MA, MX, OM, P,
                                                                PA, PE, SG)
              6202.92.90        Other.......  8.9%             Free (AU, BH, CA,    90%                  ''.
                                                                CL, CO, IL, JO,
                                                                KR, MA, MX, OM, P,
                                                                PA, PE, SG)
 


        (7) By striking subheadings 6202.93.10 through 6202.93.50 and 
    inserting the following, with the superior text to subheading 
    6202.93.01 having the same degree of indentation as the article 
    description for subheading 6202.93.10 (as in effect on the day 
    before the effective date of this section):


``                  ....................  Recreational            .....................  ......................  ..........................
                                           performance
                                           outerwear:
                    6202.93.01              Containing 15         4.4%                   Free (AU, BH, CA, CL,   60%
                                             percent or more by                           CO, IL, JO, KR, MA,
                                             weight of down and                           MX, OM, P, PA, PE,
                                             waterfowl plumage                            SG)
                                             and of which down
                                             comprises 35
                                             percent or more by
                                             weight; containing
                                             10 percent or more
                                             by weight of down..
                    ....................    Other:                .....................  ......................  ..........................
                    6202.93.03               Padded, sleeveless   14.9%                  Free (AU, BH, CA, CL,   76%
                                              jackets...........                          CO, IL, JO, KR, MA,
                                                                                          MX, OM, P, PA, PE,
                                                                                          SG)
                    ....................     Other:               .....................  ......................  ..........................
                    6202.93.05                Containing 36       43.4 cents/kg + 19.7%  Free (AU, BH, CA, CL,   46.3 cents/kg + 58.5%
                                               percent or more                            CO, IL, JO, KR, MA,
                                               by weight of wool                          MX, OM, P, PA, PE,
                                               or fine animal                             SG)
                                               hair.............
                    ....................      Other:              .....................  ......................  ..........................
                    6202.93.07                 Water resistant..  7.1%                   Free (AU, BH, CA, CL,   65%
                                                                                          CO, IL, JO, KR, MA,
                                                                                          MX, OM, P, PA, PE,
                                                                                          SG)
                    6202.93.09                 Other............  27.7%                  Free (AU, BH, CA, CL,   90%
                                                                                          CO, IL, JO, KR, MA,
                                                                                          MX, OM, P, PA, PE,
                                                                                          SG)
                    ....................  Other:                  .....................  ......................  ..........................
                    6202.93.15              Containing 15         4.4%                   Free (AU, BH, CA, CL,   60%
                                             percent or more by                           CO, IL, JO, KR, MA,
                                             weight of down and                           MX, OM, P, PA, PE,
                                             waterfowl plumage                            SG)
                                             and of which down
                                             comprises 35
                                             percent or more by
                                             weight; containing
                                             10 percent or more
                                             by weight of down..
                    ....................    Other:                .....................  ......................  ..........................
                    6202.93.25               Padded, sleeveless   14.9%                  Free (AU, BH, CA, CL,   76%
                                              jackets...........                          CO, IL, JO, KR, MA,
                                                                                          MX, OM, P, PA, PE,
                                                                                          SG)
                    ....................     Other:               .....................  ......................  ..........................
                    6202.93.45                Containing 36       43.4 cents/kg + 19.7%  Free (AU, BH, CA, CL,   46.3 cents/kg + 58.5%
                                               percent or more                            CO, IL, JO, KR, MA,
                                               by weight of wool                          MX, OM, P, PA, PE,
                                               or fine animal                             SG)
                                               hair.............
                    ....................      Other:              .....................  ......................  ..........................
                    6202.93.48                 Water resistant..  7.1%                   Free (AU, BH, CA, CL,   65%
                                                                                          CO, IL, JO, KR, MA,
                                                                                          MX, OM, P, PA, PE,
                                                                                          SG)
                    6202.93.55                 Other............  27.7%                  Free (AU, BH, CA, CL,   90%                             ''.
                                                                                          CO, IL, JO, KR, MA,
                                                                                          MX, OM, P, PA, PE,
                                                                                          SG)


        (8) By striking subheadings 6202.99.10 through 6202.99.90 and 
    inserting the following, with the superior text to subheading 
    6202.99.03 having the same degree of indentation as the article 
    description for subheading 6202.99.10 (as in effect on the day 
    before the effective date of this section):


``            .............  Recreational     ...............  ...................  ...............
                              performance
                              outerwear:
              6202.99.03       Containing 70  Free             ...................  35%
                                percent or
                                more by
                                weight of
                                silk or silk
                                waste.......
              6202.99.15       Other........  2.8%             Free (AU,BH, CA,     35%
                                                                CL, CO, E*, IL,
                                                                JO, KR, MA,MX, OM,
                                                                P, PA, PE,SG)
              .............  Other:           ...............  ...................  ...............
              6202.99.60       Containing 70  Free             ...................  35%
                                percent or
                                more by
                                weight of
                                silk or silk
                                waste.......
              6202.99.80       Other........  2.8%             Free (AU, BH, CA,    35%                  ''.
                                                                CL, CO, E*, IL,
                                                                JO, KR, MA, MX,
                                                                OM, P, PA, PE, SG)
 


        (9)(A) By striking subheadings 6203.41 through 6203.41.20 and 
    inserting the following, with the article description for 
    subheading 6203.41 having the same degree of indentation as the 
    article description for subheading 6203.41 (as in effect on the day 
    before the effective date of this section):


``                  6203.41               Of wool or fine animal  .....................  ......................  ..........................
                                           hair:
                    ....................    Recreational          .....................  ......................  ..........................
                                             performance
                                             outerwear:
                    ....................      Trousers, breeches  .....................  ......................  ..........................
                                              and shorts:
                    6203.41.01                Trousers,           7.6%                   Free (AU, BH, CA, CL,   52.9 cents/kg + 58.5%
                                               breeches,                                  CO,IL, JO,KR, MA,MX,
                                               containing                                 P, PA, PE,SG)
                                               elastomeric                               2.2% (OM)
                                               fiber, water
                                               resistant,
                                               without belt
                                               loops, weighing
                                               more than 9 kg
                                               per dozen........
                    ....................      Other:              .....................  ......................  ..........................
                    6203.41.03                 Trousers of        41.9 cents/kg + 16.3%  Free (AU, BH, CA, CL,   52.9 cents/kg +58.5%
                                                worsted wool                              CO,IL, JO,KR, MA,MX,
                                                fabric, made of                           P, PA, PE,SG)
                                                wool yarn having                         12.5 cents/kg + 4.8%
                                                an average fiber                          (OM)
                                                diameter of 18.5
                                                microns or less.
                    6203.41.06                 Other............  41.9 cents/kg + 16.3%  Free (AU, BH, CA, CL,   52.9 cents/kg + 58.5%
                                                                                          CO,IL, JO,KR, MA,MX,
                                                                                          P, PA, PE,SG)
                                                                                          12.5 cents/kg + 4.8%
                                                                                          (OM)
                    6203.41.08               Bib and brace        8.5%                   Free (AU, BH, CA, CL,   63%
                                              overalls..........                          CO,IL, JO,KR, MA,MX,
                                                                                          P, PA, PE, SG)
                                                                                         2.5% (OM)
                    ....................    Other:                .....................  ......................  ..........................
                    ....................     Trousers, breeches   .....................  ......................  ..........................
                                              and shorts:
                    6203.41.25                Trousers and        7.6%                   Free (AU, BH, CA, CL,   52.9 cents/kg +58.5%
                                               breeches,                                  CO,IL, JO,KR, MA,MX,
                                               containing                                 P, PA, PE,SG)
                                               elastomeric                               2.2% (OM)
                                               fiber, water
                                               resistant,
                                               without belt
                                               loops, weighing
                                               more than 9 kg
                                               per dozen........
                    ....................      Other:              .....................  ......................  ..........................
                    6203.41.30                 Trousers of        41.9 cents/kg +16.3%   Free (AU, BH, CA, CL,   52.9 cents/kg +58.5%
                                                worsted wool                              CO,IL, JO,KR, MA,MX,
                                                fabric, made of                           P, PA, PE,SG)
                                                wool yarn having                         12.5 cents/kg + 4.8%
                                                an average fiber                          (OM)
                                                diameter of 18.5
                                                microns or less.
                    6203.41.60                 Other............  41.9 cents/kg +16.3%   Free (AU, BH, CA, CL,   52.9 cents/kg +58.5%
                                                                                          CO,IL, JO,KR, MA,MX,
                                                                                          P, PA, PE,SG)
                                                                                         12.5 cents/kg + 4.8%
                                                                                          (OM)
                    6203.41.80               Bib and brace        8.5%                   Free (AU, BH, CA, CL,   63%                             ''.
                                              overalls..........                          CO,IL, JO,KR, MA,MX,
                                                                                          P, PA, PE,SG)
                                                                                         2.5% (OM)


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6203.41.05 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6203.41.01 and 6203.41.25 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (C) The staged reductions in the special rate of duty 
    proclaimed for subheading 6203.41.12 of such Schedule before the 
    effective date of this section shall apply to subheadings 
    6203.41.03 and 6203.41.30 of such Schedule, as added by 
    subparagraph (A), on and after such effective date.
        (D) The staged reductions in the special rate of duty 
    proclaimed for subheading 6203.41.18 of such Schedule before the 
    effective date of this section shall apply to subheadings 
    6203.41.06 and 6203.41.60 of such Schedule, as added by 
    subparagraph (A), on and after such effective date.
        (E) The staged reductions in the special rate of duty 
    proclaimed for subheading 6203.41.20 of such Schedule before the 
    effective date of this section shall apply to subheadings 
    6203.41.08 and 6203.41.80 of such Schedule, as added by 
    subparagraph (A), on and after such effective date.
        (10)(A) By striking subheadings 6203.42.10 through 6203.42.40 
    and inserting the following, with the superior text to subheading 
    6203.42.03 having the same degree of indentation as the article 
    description for subheading 6203.42.10 (as in effect on the day 
    before the effective date of this section):


``            ..............  Recreational      ................  ................  ...............
                               performance
                               outerwear:
              6203.42.03        Containing 15   Free              ................  60%
                                 percent or
                                 more by
                                 weight of
                                 down and
                                 waterfowl
                                 plumage and
                                 of which down
                                 comprises 35
                                 percent or
                                 more by
                                 weight;
                                 containing 10
                                 percent or
                                 more by
                                 weight of
                                 down.........
              ..............    Other:          ................  ................  ...............
              6203.42.05         Bib and brace  10.3%             Free (AU,BH, CA,  90%
                                  overalls....                     CL,CO, IL,
                                                                   JO,KR,
                                                                   MA,MX,OM, P,
                                                                   PA,PE, SG)
              6203.42.07         Other........  16.6%             Free (AU,BH, CA,  90%
                                                                   CL,CO, IL, JO,
                                                                   MA,MX,OM, P,
                                                                   PA,PE, SG)
                                                                  9.9% (KR)
              ..............  Other:            ................  ................  ...............
              6203.42.17        Containing 15   Free              ................  60%
                                 percent or
                                 more by
                                 weight of
                                 down and
                                 waterfowl
                                 plumage and
                                 of which down
                                 comprises 35
                                 percent or
                                 more by
                                 weight;
                                 containing 10
                                 percent or
                                 more by
                                 weight of
                                 down.........
              ..............    Other:          ................  ................  ...............
              6203.42.25         Bib and brace  10.3%             Free (AU,BH, CA,  90%
                                  overalls....                     CL,CO, IL,
                                                                   JO,KR,
                                                                   MA,MX,OM, P,
                                                                   PA,PE, SG)
              6203.42.45         Other........  16.6%             Free (AU,BH, CA,  90%                  ''.
                                                                   CL,CO, IL, JO,
                                                                   MA, MX, OM, P,
                                                                   PA,PE, SG)
                                                                  9.9% (KR)


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6203.42.40 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6203.42.07 and 6203.42.45 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (11)(A) By striking subheadings 6203.43.10 through 6203.43.40 
    and inserting the following, with the superior text to subheading 
    6203.43.01 having the same degree of indentation as the article 
    description for subheading 6203.43.10 (as in effect on the day 
    before the effective date of this section):


``            ..............  Recreational     ...............  ....................  .............  ...........
                               performance
                               outerwear:....
              6203.43.01        Containing 15  Free             ....................  60%            ...........
                                 percent or
                                 more by
                                 weight of
                                 down and
                                 waterfowl
                                 plumage and
                                 of which
                                 down
                                 comprises 35
                                 percent or
                                 more by
                                 weight;
                                 containing
                                 10 percent
                                 or more by
                                 weight of
                                 down........
              ..............    Other:         ...............  ....................  .............  ...........
              ..............     Bib and       ...............  ....................  .............  ...........
                                  brace
                                  overalls:..
              6203.43.03          Water        7.1%             Free (AU,BH, CA, CL,  65%            ...........
                                   resistant.                    CO, IL, JO, KR,
                                                                 MA,MX,OM, P,
                                                                 PA,PE,SG)
              6203.43.05          Other......  14.9%            Free (AU,BH, CA, CL,  76%            ...........
                                                                 CO, IL, JO, KR, MA,
                                                                 MX,OM, P, PA,
                                                                 PE,SG)
                ............     Other:        ...............  ....................  .............  ...........
              6203.43.09        Containing 36  49.6 cents/kg +  Free (AU,BH, CA, CL,  52.9 cents/kg  ...........
                                 percent or     19.7%            CO, IL, JO, KR, MA,   + 58.5%
                                 more by                         MX,OM, P, PA,PE,SG)
                                 weight of
                                 wool or fine
                                 animal hair.
              ..............      Other:       ...............  ....................  .............  ...........
              6203.43.11           Water       7.1%             Free (AU,BH, CA, CL,  65%            ...........
                                    resistant                    CO, IL, JO, MA,
                                    trousers                     MX,OM, P, PA,PE,SG)
                                    or                          1.4% (KR)
                                    breeches.
              6203.43.13           Other.....  27.9%            Free (AU,BH, CA, CL,  90%            ...........
                                                                 CO, IL, JO, MA,
                                                                 MX,OM, P, PA,
                                                                 PE,SG)
                                                                5.5% (KR)
              ..............  Other:           ...............  ....................  .............  ...........
              6203.43.45        Containing 15  Free             ....................  60%            ...........
                                 percent or
                                 more by
                                 weight of
                                 down and
                                 waterfowl
                                 plumage and
                                 of which
                                 down
                                 comprises 35
                                 percent or
                                 more by
                                 weight;
                                 containing
                                 10 percent
                                 or more by
                                 weight of
                                 down........
              ..............    Other:         ...............  ....................  .............  ...........
              ..............     Bib and       ...............  ....................  .............  ...........
                                  brace
                                  overalls:..
              6203.43.55          Water        7.1%             Free (AU,BH, CA, CL,  65%            ...........
                                   resistant.                    CO, IL, JO, KR, MA,
                                                                 MX,OM, P, PA,
                                                                 PE,SG)
              6203.43.60          Other......  14.9%            Free (AU,BH, CA, CL,  76%            ...........
                                                                 CO,IL,JO, KR, MA,
                                                                 MX,OM, P, PA,
                                                                 PE,SG)
              ..............     Other:        ...............  ....................  .............  ...........
              6203.43.65          Certified    12.2%            Free (AU,BH, CA, CL,  76%            ...........
                                   hand-                         CO, IL, JO, KR, MA,
                                   loomed and                    MX,OM, P, PA,
                                   folklore                      PE,SG)
                                   products..
              ..............      Other:       ...............  ....................  .............  ...........
              6203.43.70           Containing  49.6 cents/kg +  Free (AU,BH, CA, CL,  52.9 cents/kg  ...........
                                    36          19.7%            CO, IL, JO, KR, MA,   + 58.5%
                                    percent                      MX,OM, P, PA,
                                    or more                      PE,SG)
                                    by weight
                                    of wool
                                    or fine
                                    animal
                                    hair.....
              ..............       Other:      ...............  ....................  .............  ...........
              6203.43.75            Water      7.1%             Free (AU,BH, CA, CL,  65%            ...........
                                     resistan                    CO, IL, JO, MA,
                                     t                           MX,OM, P, PA,PE,SG)
                                     trousers                   1.4% (KR)
                                     or
                                     breeches
              6203.43.90            Other....  27.9%            Free (AU,BH, CA, CL,  90%            ''.
                                                                 CO, IL, JO, MA,
                                                                 MX,OM, P, PA,
                                                                 PE,SG)
                                                                 5.5% (KR)


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6203.43.35 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6203.43.11 and 6203.43.75 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (C) The staged reductions in the special rate of duty 
    proclaimed for subheading 6203.43.40 of such Schedule before the 
    effective date of this section shall apply to subheadings 
    6203.43.13 and 6203.43.90 of such Schedule, as added by 
    subparagraph (A), on and after such effective date.
        (12)(A) By striking subheadings 6203.49.10 through 6203.49.80 
    and the immediate superior text to subheading 6203.49.10, and 
    inserting the following, with the superior text to subheading 
    6203.49.01 having the same degree of indentation as the article 
    description for subheading 6203.49.10 (as in effect on the day 
    before the effective date of this section):


``           .............  Recreational     ...............  ....................  ...............
                             performance
                             outerwear:
             .............    Of artificial  ...............  ....................  ...............
                               fibers:
             6203.49.01        Bib and       8.5%             Free (AU,BH, CA, CL,  76%
                                brace                          CO, IL,JO, KR, MA,
                                overalls...                    MX,OM, P, PA,PE,
                                                               SG)
             6203.49.05        Trousers,     27.9%            Free (AU,BH, CA, CL,  90%
                                breeches                       CO, IL,JO, KR, MA,
                                and shorts.                    MX,OM, P,PA,PE, SG)
             .............    Of other       ...............  ....................  ...............
                               textile
                               materials:..
             6203.49.07        Containing    Free             ....................  35%
                                70 percent
                                or more by
                                weight of
                                silk or
                                silk waste.
             6203.49.09        Other.......  2.8%             Free (AU,BH, CA, CL,  35%
                                                               CO, E*, IL, JO,MA,
                                                               MX,OM, P, PA,PE,
                                                               SG)
                                                              0.5% (KR)
             .............  Other:           ...............  ....................  ...............
             .............    Of artificial  ...............  ....................  ...............
                               fibers:
             6203.49.25        Bib and       8.5%             Free (AU,BH, CA, CL,  76%
                                brace                          CO, IL,JO, KR, MA,
                                overalls...                    MX,OM, P, PA,PE,
                                                               SG)
             .............     Trousers,     ...............  ....................  ...............
                                breeches
                                and shorts:
             6203.49.35         Certified    12.2%            Free (AU,BH, CA, CL,  76%
                                 hand-                         CO, IL,JO, KR, MA,
                                 loomed and                    MX,OM, P,PA,PE, SG)
                                 folklore
                                 products..
             6203.49.50         Other......  27.9%            Free (AU,BH, CA, CL,  90%
                                                               CO, IL,JO, KR, MA,
                                                               MX,OM, P,PA,PE, SG)
             .............    Of other       ...............  ....................  ...............
                               textile
                               materials:..
             6203.49.60        Containing    Free             ....................  35%
                                70 percent
                                or more by
                                weight of
                                silk or
                                silk waste.
             6203.49.90        Other.......  2.8%             Free (AU,BH, CA, CL,  35%                  ''.
                                                               CO, E*, IL, JO,MA,
                                                               MX,OM, P,PA,PE, SG)
                                                              0.5% (KR)


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6203.49.80 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6203.49.09 and 6203.49.90 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (13)(A) By striking subheadings 6204.61.10 through 6204.61.90 
    and inserting the following, with the superior text to subheading 
    6204.61.05 having the same degree of indentation as the article 
    description for subheading 6204.61.10 (as in effect on the day 
    before the effective date of this section):


``            ..............  Recreational      ................  ................  ...............
                               performance
                               outerwear:
              6204.61.05        Trousers and    7.6%              Free (AU,BH, CA,  58.5%
                                 breeches,                         CL, CO, IL,JO,
                                 containing                        KR, MA, MX, P,
                                 elastomeric                       PA, PE, SG)
                                 fiber, water                     2.2% (OM)
                                 resistant,
                                 without belt
                                 loops,
                                 weighing more
                                 than 6 kg per
                                 dozen........
              6204.61.15        Other.........  13.6%             Free (AU,BH, CA,  58.5%
                                                                   CL, CO, IL,JO,
                                                                   KR, MA, MX, P,
                                                                   PA, PE, SG)
                                                                  4% (OM)
              ..............  Other:            ................  ................  ...............
              6204.61.60        Trousers and    7.6%              Free (AU,BH, CA,  58.5%
                                 breeches,                         CL, CO, IL,JO,
                                 containing                        KR, MA, MX, P,
                                 elastomeric                       PA, PE, SG)
                                 fiber, water                     2.2% (OM)
                                 resistant,
                                 without belt
                                 loops,
                                 weighing more
                                 than 6 kg per
                                 dozen........
              6204.61.80        Other.........  13.6%             Free (AU,BH, CA,  58.5%                ''.
                                                                   CL, CO, IL,JO,
                                                                   KR, MA, MX, P,
                                                                   PA, PE, SG)
                                                                   4% (OM)


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6204.61.10 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6204.61.05 and 6204.61.60 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (C) The staged reductions in the special rate of duty 
    proclaimed for subheading 6204.61.90 of such Schedule before the 
    effective date of this section shall apply to subheadings 
    6204.61.15 and 6204.61.80 of such Schedule, as added by 
    subparagraph (A), on and after such effective date.
        (14)(A) By striking subheadings 6204.62.10 through 6204.62.40 
    and inserting the following, with the superior text to subheading 
    6204.62.03 having the same degree of indentation as the article 
    description for subheading 6204.62.10 (as in effect on the day 
    before the effective date of this section):


``            ..............  Recreational      ................  ................  ...............
                               performance
                               outerwear:
              6204.62.03        Containing 15   Free              ................  60%
                                 percent or
                                 more by
                                 weight of
                                 down and
                                 waterfowl
                                 plumage and
                                 of which down
                                 comprises 35
                                 percent or
                                 more by
                                 weight;
                                 containing 10
                                 percent or
                                 more by
                                 weight of
                                 down.........
              ..............    Other:          ................  ................  ...............
              6204.62.05         Bib and brace  8.9%              Free (AU,BH, CA,  90%
                                  overalls....                     CL,CO, IL,
                                                                   JO,KR, MA,MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              6204.62.15         Other........  16.6%             Free (AU,BH, CA,  90%
                                                                   CL,CO, IL, JO,
                                                                   MA, MX,OM, P,
                                                                   PA,PE, SG)
                                                                  9.9% (KR)
              ..............  Other:            ................  ................  ...............
              6204.62.50        Containing 15   Free              ................  60%
                                 percent or
                                 more by
                                 weight of
                                 down and
                                 waterfowl
                                 plumage and
                                 of which down
                                 comprises 35
                                 percent or
                                 more by
                                 weight;
                                 containing 10
                                 percent or
                                 more by
                                 weight of
                                 down.........
              ..............    Other:          ................  ................  ...............
              6204.62.60         Bib and brace  8.9%              Free (AU,BH, CA,  90%
                                  overalls....                     CL,CO, IL,
                                                                   JO,KR, MA,MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              ..............     Other:         ................  ................  ...............
              6204.62.70          Certified     7.1%              Free (AU,BH, CA,  37.5%
                                   hand-loomed                     CL,CO, E, IL,
                                   and                             JO,KR, MA,MX,
                                   folklore                        OM, P, PA, PE,
                                   products...                     SG)
              6204.62.80          Other.......  16.6%             Free (AU,BH, CA,  90%                  ''.
                                                                   CL,CO, IL, JO,
                                                                   MA, MX,OM, P,
                                                                   PA,PE, SG)
                                                                  9.9% (KR)


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6204.62.40 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6204.62.15 and 6204.62.80 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (15)(A) By striking subheadings 6204.63.10 through 6204.63.35 
    and inserting the following, with the superior text to subheading 
    6204.63.01 having the same degree of indentation as the article 
    description for subheading 6204.63.10 (as in effect on the day 
    before the effective date of this section):


``            ..............  Recreational      ................  ................  ...............
                               performance
                               outerwear:
              6204.63.01        Containing 15   Free              ................  60%
                                 percent or
                                 more by
                                 weight of
                                 down and
                                 waterfowl
                                 plumage and
                                 of which down
                                 comprises 35
                                 percent or
                                 more by
                                 weight;
                                 containing 10
                                 percent or
                                 more by
                                 weight of
                                 down.........
              ..............    Other:          ................  ................  ...............
              ..............     Bib and brace  ................  ................  ...............
                                  overalls:
              6204.63.02          Water         7.1%              Free (AU, BH,     65%
                                   resistant..                     CA, CL, CO,IL,
                                                                   JO,KR, MA,MX,
                                                                   OM,P, PA,PE,
                                                                   SG)
              6204.63.03          Other.......  14.9%             Free (AU, BH,     76%
                                                                   CA, CL, CO,IL,
                                                                   JO,KR, MA,MX,
                                                                   OM,P, PA,PE,
                                                                   SG)
              ..............     Other:         ................  ................  ...............
              6204.63.08          Containing    13.6%             Free (AU, BH,     58.5%
                                   36 percent                      CA, CL, CO,IL,
                                   or more by                      JO,KR,
                                   weight of                       MA,MX,OM,P,
                                   wool or                         PA,PE, SG)
                                   fine animal
                                   hair.......
              ..............      Other:        ................  ................  ...............
              6204.63.09           Water        7.1%              Free (AU, BH,     65%
                                    resistant                      CA, CL, CO,IL,
                                    trousers                       JO,KR,
                                    or                             MA,MX,OM,P,
                                    breeches..                     PA,PE, SG)
              6204.63.11           Other......  28.6%             Free (AU,BH,CA,   90%
                                                                   CL,CO, IL,JO,
                                                                   MA,MX,OM,P,
                                                                   PA,PE, SG)
                                                                  5.7% (KR)
              ..............  Other:            ................  ................  ...............
              6204.63.50        Containing 15   Free              ................  60%
                                 percent or
                                 more by
                                 weight of
                                 down and
                                 waterfowl
                                 plumage and
                                 of which down
                                 comprises 35
                                 percent or
                                 more by
                                 weight;
                                 containing 10
                                 percent or
                                 more by
                                 weight of
                                 down.........
              ..............    Other:          ................  ................  ...............
              ..............     Bib and brace  ................  ................  ...............
                                  overalls:
              6204.63.55          Water         7.1%              Free (AU, BH,     65%
                                   resistant..                     CA, CL, CO,IL,
                                                                   JO,KR, MA,MX,
                                                                   OM,P, PA,PE,
                                                                   SG)
              6204.63.60          Other.......  14.9%             Free (AU, BH,     76%
                                                                   CA, CL, CO,IL,
                                                                   JO,KR, MA,MX,
                                                                   OM,P, PA,PE,
                                                                   SG)
              6204.63.65         Certified      11.3%             Free (AU, BH,     76%
                                  hand-loomed                      CA, CL, CO, E,
                                  and folklore                     IL, JO,KR,
                                  products....                     MA,MX,OM,P,
                                                                   PA,PE, SG)
              ..............     Other:         ................  ................  ...............
              6204.63.70          Containing    13.6%             Free (AU, BH,     58.5%
                                   36 percent                      CA, CL, CO,IL,
                                   or more by                      JO,KR, MA,MX,
                                   weight of                       OM,P, PA,PE,
                                   wool or                         SG)
                                   fine animal
                                   hair.......
              ..............      Other:        ................  ................  ...............
              6204.63.75           Water        7.1%              Free (AU, BH,     65%
                                    resistant                      CA, CL, CO,IL,
                                    trousers                       JO,KR, MA,MX,
                                    or                             OM,P, PA,PE,
                                    breeches..                     SG)
              6204.63.90           Other......  28.6%             Free (AU, BH,     90%                  ''.
                                                                   CA, CL, CO,IL,
                                                                   JO, MA, MX,OM,
                                                                   P, PA, PE,SG)
                                                                  5.7% (KR)


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6204.63.35 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6204.63.11 and 6204.63.90 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (16) By striking subheadings 6204.69.10 through 6204.69.90 and 
    the immediate superior text to subheading 6204.69.10, and inserting 
    the following, with the first superior text having the same degree 
    of indentation as the article description of subheading 6204.69.10 
    (as in effect on the day before the date of enactment of this Act):


``            ..............  Recreational      ................  ................  ...............
                               performance
                               outerwear:
              ..............    Of artificial   ................  ................  ...............
                                 fibers:
              6204.69.01         Bib and brace  13.6%             Free (AU, BH,     76%
                                  overalls....                     CA, CL, CO, IL,
                                                                   JO, KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              ..............     Trousers,      ................  ................  ...............
                                  breeches and
                                  shorts:.....
              6204.69.02          Containing    13.6%             Free (AU,BH, CA,  58.5%
                                   36 percent                      CL,CO, IL,
                                   or more by                      JO,KR, MA, MX,
                                   weight of                       OM, P, PA, PE,
                                   wool or                         SG)
                                   fine animal
                                   hair.......
              6204.69.03          Other.......  28.6%             Free (AU,BH, CA,  90%
                                                                   CL,CO, IL,
                                                                   JO,KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              ..............    Of silk or      ................  ................  ...............
                                 silk waste:
              6204.69.04         Containing 70  1.1%              Free (AU, BH,     65%
                                  percent or                       CA, CL, CO, E,
                                  more by                          IL, JO, KR, MA,
                                  weight of                        MX, OM, P, PA,
                                  silk or silk                     PE, SG)
                                  waste.......
              6204.69.05         Other........  7.1%              Free (AU,BH, CA,  65%
                                                                   CL,CO, E*, IL,
                                                                   JO, KR,MA,MX,
                                                                   OM, P,PA, PE,
                                                                   SG)
              6204.69.06        Other.........  2.8%              Free (AU, BH,     35%
                                                                   CA, CL, CO, E*,
                                                                   IL, JO, KR, MA,
                                                                   MX, OM, P, PA,
                                                                   PE, SG)
              ..............  Other:            ................  ................  ...............
              ..............    Of artificial   ................  ................  ...............
                                 fibers:
              6204.69.15         Bib and brace  13.6%             Free (AU,BH, CA,  76%
                                  overalls....                     CL,CO, IL,
                                                                   JO,KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              ..............     Trousers,      ................  ................  ...............
                                  breeches and
                                  shorts:.....
              6204.69.22          Containing    13.6%             Free (AU,BH, CA,  58.5%
                                   36 percent                      CL,CO, IL,
                                   or more by                      JO,KR, MA, MX,
                                   weight of                       OM, P, PA, PE,
                                   wool or                         SG)
                                   fine animal
                                   hair.......
              6204.69.28          Other.......  28.6%             Free (AU,BH, CA,  90%
                                                                   CL,CO, IL,
                                                                   JO,KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              ..............    Of silk or      ................  ................  ...............
                                 silk waste:
              6204.69.45         Containing 70  1.1%              Free (AU,BH, CA,  65%
                                  percent or                       CL,CO, E, IL,
                                  more by                          JO, KR, MA, MX,
                                  weight of                        OM, P,PA, PE,
                                  silk or silk                     SG)
                                  waste.......
              6204.69.65         Other........  7.1%              Free (AU,BH, CA,  65%
                                                                   CL,CO, E*,IL,
                                                                   JO, KR,MA,MX,
                                                                   OM, P,PA, PE,
                                                                   SG)
              6204.69.80        Other.........  2.8%              Free (AU,BH, CA,  35%                  ''.
                                                                   CL,CO, E*, IL,
                                                                   JO, KR,MA,MX,
                                                                   OM, P,PA, PE,
                                                                   SG)


        (17) By striking subheadings 6210.40.30 through 6210.40.90 and 
    the immediate superior text to subheading 6210.40.30, and inserting 
    the following, with the first superior text having the same degree 
    of indentation as the immediate superior text to subheading 
    6210.40.30 (as in effect on the day before the effective date of 
    this section):


``            ..............  Recreational      ................  ................  ...............
                               performance
                               outerwear:
              ..............    Of man-made     ................  ................  ...............
                                 fibers:
              6210.40.15         Having an      3.8%              Free (AU, BH,     65%
                                  outer                            CA, CL, CO,IL,
                                  surface                          JO,KR, MA,MX,
                                  impregnated,                     OM,P, PA,PE,
                                  coated,                          SG)
                                  covered or
                                  laminated
                                  with rubber
                                  or plastics
                                  material
                                  which
                                  completely
                                  obscures the
                                  underlying
                                  fabric......
              6210.40.25         Other........  7.1%              Free (AU, BH,     65%
                                                                   CA, CL, CO, IL,
                                                                   JO, KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              ..............    Other:          ................  ................  ...............
              6210.40.28         Having an      3.3%              Free (AU, BH,     37.5%
                                  outer                            CA, CL, CO, E,
                                  surface                          IL, JO, KR, MA,
                                  impregnated,                     MX, OM, P, PA,
                                  coated,                          PE, SG)
                                  covered or
                                  laminated
                                  with rubber
                                  or plastics
                                  material
                                  which
                                  completely
                                  obscures the
                                  underlying
                                  fabric......
              6210.40.29         Other........  6.2%              Free (AU, BH,     37.5%
                                                                   CA, CL, CO, E*,
                                                                   IL, JO, KR, MA,
                                                                   MX, OM, P, PA,
                                                                   PE, SG)
              ..............  Other:            ................  ................  ...............
              ..............    Of man-made     ................  ................  ...............
                                 fibers:
              6210.40.35         Having an      3.8%              Free (AU, BH,     65%
                                  outer                            CA, CL, CO, IL,
                                  surface                          JO, KR, MA, MX,
                                  impregnated,                     OM, P, PA, PE,
                                  coated,                          SG)
                                  covered or
                                  laminated
                                  with rubber
                                  or plastics
                                  material
                                  which
                                  completely
                                  obscures the
                                  underlying
                                  fabric......
              6210.40.55         Other........  7.1%              Free (AU, BH,     65%
                                                                   CA, CL, CO, IL,
                                                                   JO, KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              ..............    Other:          ................  ................  ...............
              6210.40.75         Having an      3.3%              Free (AU, BH,     37.5%
                                  outer                            CA, CL, CO, E,
                                  surface                          IL, JO, KR, MA,
                                  impregnated,                     MX, OM, P, PA,
                                  coated,                          PE, SG)
                                  covered or
                                  laminated
                                  with rubber
                                  or plastics
                                  material
                                  which
                                  completely
                                  obscures the
                                  underlying
                                  fabric......
              6210.40.80         Other........  6.2%              Free (AU, BH,     37.5%                ''.
                                                                   CA, CL, CO, E*,
                                                                   IL, JO, KR, MA,
                                                                   MX, OM, P, PA,
                                                                   PE, SG)


        (18) By striking subheadings 6210.50.30 through 6210.50.90 and 
    the immediate superior text to subheading 6210.50.30, and inserting 
    the following, with the first superior text having the same degree 
    of indentation as the immediate superior text to subheading 
    6210.50.30 (as in effect on the day before the effective date of 
    this section):


``            ..............  Recreational      ................  ................  ...............
                               performance
                               outerwear:
              ..............    Of man-made     ................  ................  ...............
                                 fibers:
              6210.50.03         Having an      3.8%              Free (AU, BH,     65%
                                  outer                            CA, CL, CO, IL,
                                  surface                          JO, KR, MA, MX,
                                  impregnated,                     OM,P, PA, PE,
                                  coated,                          SG)
                                  covered or
                                  laminated
                                  with rubber
                                  or plastics
                                  material
                                  which
                                  completely
                                  obscures the
                                  underlying
                                  fabric......
              6210.50.05         Other........  7.1%              Free (AU, BH,     65%
                                                                   CA, CL, CO, IL,
                                                                   JO, KR, MA, MX,
                                                                   OM,P, PA, PE,
                                                                   SG)
              ..............    Other:          ................  ................  ...............
              6210.50.12         Having an      3.3%              Free (AU, BH,     37.5%
                                  outer                            CA, CL, CO, E,
                                  surface                          IL, JO, KR, MA,
                                  impregnated,                     MX, OM, P,
                                  coated,                          PA,PE, SG)
                                  covered or
                                  laminated
                                  with rubber
                                  or plastics
                                  material
                                  which
                                  completely
                                  obscures the
                                  underlying
                                  fabric......
              6210.50.22         Other........  6.2%              Free (AU, BH,     37.5%
                                                                   CA, CL, CO, E*,
                                                                   IL, JO, KR, MA,
                                                                   MX, OM, P,PA,
                                                                   PE, SG)
              ..............  Other:            ................  ................  ...............
              ..............    Of man-made     ................  ................  ...............
                                 fibers:
              6210.50.35         Having an      3.8%              Free (AU, BH,     65%
                                  outer                            CA, CL, CO, IL,
                                  surface                          JO, KR, MA, MX,
                                  impregnated,                     OM,P, PA, PE,
                                  coated,                          SG)
                                  covered or
                                  laminated
                                  with rubber
                                  or plastics
                                  material
                                  which
                                  completely
                                  obscures the
                                  underlying
                                  fabric......
              6210.50.55         Other........  7.1%              Free (AU, BH,     65%
                                                                   CA, CL, CO, IL,
                                                                   JO, KR, MA, MX,
                                                                   OM,P, PA, PE,
                                                                   SG)
              ..............    Other:          ................  ................  ...............
              6210.50.75         Having an      3.3%              Free (AU, BH,     37.5%
                                  outer                            CA, CL, CO, E,
                                  surface                          IL, JO, KR, MA,
                                  impregnated,                     MX, OM, P, PA,
                                  coated,                          PE, SG)
                                  covered or
                                  laminated
                                  with rubber
                                  or plastics
                                  material
                                  which
                                  completely
                                  obscures the
                                  underlying
                                  fabric......
              6210.50.80         Other........  6.2%              Free (AU, BH,     37.5%                ''.
                                                                   CA, CL, CO, E*,
                                                                   IL, JO, KR, MA,
                                                                   MX, OM, P, PA,
                                                                   PE, SG)


        (19) By striking subheading 6211.32.00 and inserting the 
    following, with the article description for subheading 6211.32 
    having the same degree of indentation as the article description 
    for subheading 6211.32.00 (as in effect on the day before the 
    effective date of this section):


``            6211.32         Of cotton:        ................  ................  ...............
              6211.32.50        Recreational    8.1%              Free (AU, BH,     90%
                                 performance                       CA, CL, CO, IL,
                                 outerwear....                     JO, KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              6211.32.90        Other.........  8.1%              Free (AU, BH,     90%                  ''.
                                                                   CA, CL, CO, IL,
                                                                   JO, KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)


        (20)(A) By striking subheading 6211.33.00 and inserting the 
    following, with the article description for subheading 6211.33 
    having the same degree of indentation as the article description 
    for subheading 6211.33.00 (as in effect on the day before the 
    effective date of this section):


``            6211.33         Of man-made       ................  ................  ...............
                               fibers:
              6211.33.50        Recreational    16%               Free (AU, BH,     76%
                                 performance                       CA, CL, CO, IL,
                                 outerwear....                     JO, KR, MA, MX,
                                                                   P, PA ,PE, SG)
                                                                  4.8% (OM)
              6211.33.90        Other.........  16%               Free (AU, BH,     76%                  ''.
                                                                   CA, CL, CO, IL,
                                                                   JO, KR, MA, MX,
                                                                   P, PA, PE, SG)
                                                                  4.8% (OM)


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6211.33.00 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6211.33.50 and 6211.33.90 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (21)(A) By striking subheadings 6211.39.05 through 6211.39.90 
    and inserting the following, with the first superior text having 
    the same degree of indentation as the article description for 
    subheading 6211.39.05 (as in effect on the day before the effective 
    date of this section):


``            ..............  Recreational      ................  ................  ...............
                               performance
                               outerwear:
              6211.39.03        Of wool or      12%               Free (AU, BH,     58.5%
                                 fine animal                       CA, CL, CO, IL,
                                 hair.........                     JO, KR, MA, MX,
                                                                   P, PA, PE, SG)
                                                                  3.6% (OM)
              6211.39.07        Containing 70   0.5%              Free (AU, BH,     35%
                                 percent or                        CA, CL, CO, E,
                                 more by                           IL, JO, KR, MA,
                                 weight of                         MX, OM, P, PA,
                                 silk or silk                      PE, SG)
                                 waste........
              6211.39.15        Other.........  2.8%              Free (AU, BH,     35%
                                                                   CA, CL, CO, E*,
                                                                   IL, JO, KR, MA,
                                                                   MX, OM, P, PE,
                                                                   SG)
              ..............  Other:            ................  ................  ...............
              6211.39.30        Of wool or      12%               Free (AU, BH,     58.5%
                                 fine animal                       CA, CL, CO, IL,
                                 hair.........                     JO, KR, MA, MX,
                                                                   P, PA, PE, SG)
                                                                  3.6% (OM)
              6211.39.60        Containing 70   0.5%              Free (AU, BH,     35%
                                 percent or                        CA, CL, CO, E,
                                 more by                           IL, JO, KR, MA,
                                 weight of                         MX, OM, P, PA,
                                 silk or silk                      PE, SG)
                                 waste........
              6211.39.80        Other.........  2.8%              Free (AU, BH,     35%                  ''.
                                                                   CA, CL, CO, E*,
                                                                   IL, JO, KR, MA,
                                                                   MX, OM, P, PE,
                                                                   SG)


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6211.39.05 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6211.39.03 and 6211.39.30 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (22) By striking subheading 6211.42.00 and inserting the 
    following, with the article description for subheading 6211.42 
    having the same degree of indentation as the article description 
    for subheading 6211.42.00 (as in effect on the day before the 
    effective date of this section):


``            6211.42         Of cotton:        ................  ................  ...............
              6211.42.05        Recreational    8.1%              Free (AU, BH,     90%
                                 performance                       CA, CL, CO, IL,
                                 outerwear....                     JO, KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
              6211.42.10        Other.........  8.1%              Free (AU, BH,     90%                  ''.
                                                                   CA, CL, CO, IL,
                                                                   JO, KR, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)


        (23)(A) By striking subheading 6211.43.00 and inserting the 
    following, with the article description for subheading 6211.43 
    having the same degree of indentation as the article description 
    for subheading 6211.43.00 (as in effect on the day before the 
    effective date of this section):


``            6211.43         Of man-made       ................  ................  ...............
                               fibers:
              6211.43.05        Recreational    16%               Free (AU, BH,     90%
                                 performance                       CA, CL, CO, IL,
                                 outerwear....                     JO, KR, MA, MX,
                                                                   P, PA, PE, SG)
                                                                  4.8% (OM)
              6211.43.10        Other.........  16%               Free (AU, BH,     90%                  ''.
                                                                   CA, CL, CO, IL,
                                                                   JO, KR, MA, MX,
                                                                   P, PA, PE, SG)
                                                                  4.8% (OM)


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6211.43.00 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6211.43.05 and 6211.43.10 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (24)(A) By striking subheadings 6211.49.10 through 6211.49.90 
    and inserting the following, with the first superior text having 
    the same degree of indentation as the article description for 
    subheading 6211.49.90 (as in effect on the day before the effective 
    date of this section):


``            ..............  Recreational      ................  ................  ...............
                               performance
                               outerwear:
              6211.49.03        Containing 70   1.2%              Free (AU, BH,     35%
                                 percent or                        CA, CL, CO, E,
                                 more by                           IL, JO, KR, MA,
                                 weight of                         MX, OM, P,
                                 silk or silk                      PA,PE, SG)
                                 waste........
              6211.49.15        Of wool or      12%               Free (AU, BH,     58.5%
                                 fine animal                       CA, CL, CO, IL,
                                 hair.........                     JO, KR, MA ,MX,
                                                                   P, PA, PE, SG)
                                                                  3.6% (OM)
              6211.49.25        Other.........  7.3%              Free (AU, BH,     35%
                                                                   CA, CL, CO, E,
                                                                   IL, JO, MA, MX,
                                                                   OM, P, PA, PE,
                                                                   SG)
                                                                   1.4% (KR)
              ..............  Other:            ................  ................  ...............
              6211.49.50        Containing 70   1.2%              Free (AU, BH,     35%
                                 percent or                        CA, CL, CO, E,
                                 more by                           IL, JO, KR, MA,
                                 weight of                         MX, OM, P, PA,
                                 silk or silk                      PE, SG)
                                 waste........
              6211.49.60        Of wool or      12%               Free (AU, BH,     58.5%
                                 fine animal                       CA, CL, CO, IL,
                                 hair.........                     JO, KR, MA, MX,
                                                                   P, PA, PE,SG)
                                                                  3.6% (OM)
              6211.49.80        Other.........  7.3%              Free (AU, BH,     35%                  ''.
                                                                   CA, CL, CO, E,
                                                                   IL, JO, MA,
                                                                   MX,OM, P, PA,
                                                                   PE, SG)
                                                                  1.4% (KR)


        (B) The staged reductions in the special rate of duty 
    proclaimed for subheading 6211.49.41 of the Harmonized Tariff 
    Schedule of the United States before the effective date of this 
    section shall apply to subheadings 6211.49.15 and 6211.49.60 of 
    such Schedule, as added by subparagraph (A), on and after such 
    effective date.
        (C) The staged reductions in the special rate of duty 
    proclaimed for subheading 6211.49.90 of such Schedule before the 
    effective date of this section shall apply to subheadings 
    6211.49.25 and 6211.49.80 of such Schedule, as added by 
    subparagraph (A), on and after such effective date.
    (d) Effective Date.--
        (1) In general.--Except as provided in paragraph (2), this 
    section and the amendments made by this section--
            (A) shall take effect on the 180th day after the date of 
        the enactment of this Act; and
            (B) shall apply to articles entered, or withdrawn from 
        warehouse for consumption, on or after such 180th day.
        (2) Subsection (a).--Subsection (a) shall take effect on the 
    date of the enactment of this Act.
    SEC. 913. MODIFICATIONS TO DUTY TREATMENT OF PROTECTIVE ACTIVE 
      FOOTWEAR.
    (a) In General.--Chapter 64 of the Harmonized Tariff Schedule of 
the United States is amended--
        (1) by redesignating the Additional U.S. Note added by section 
    602(a) of the Trade Preferences Extension Act of 2015 (Public Law 
    114-27; 129 Stat. 413) as Additional U.S. Note 6;
        (2) in subheading 6402.91.42, by striking the matter in the 
    column 1 special rate of duty column and inserting the following: 
    ``Free (AU,BH,CA,CL,D,IL,JO,MA,MX,P,R,SG) 1%(PA) 6%(OM) 6%(PE) 
    12%(CO) 20%(KR)''; and
        (3) in subheading 6402.99.32, by striking the matter in the 
    column 1 special rate of duty column and inserting the following: 
    ``Free (AU,BH,CA,CL,D,IL,JO,MA,MX,P,R,SG) 1%(PA) 6%(OM) 6%(PE) 
    12%(CO) 20%(KR)''.
    (b) Staged Rate Reductions.--Section 602(c) of the Trade 
Preferences Extension Act of 2015 (Public Law 114-27; 129 Stat. 414) is 
amended to read as follows:
    ``(c) Staged Rate Reductions.--Beginning in calendar year 2016, the 
staged reductions in special rates of duty proclaimed before the date 
of the enactment of this Act--
        ``(1) for subheading 6402.91.90 of the Harmonized Tariff 
    Schedule of the United States shall be applied to subheading 
    6402.91.42 of such Schedule, as added by subsection (b)(1); and
        ``(2) for subheading 6402.99.90 of such Schedule shall be 
    applied to subheading 6402.99.32 of such Schedule, as added by 
    subsection (b)(2).''.
    (c) Effective Date.--
        (1) In general.--The amendments made by this section shall take 
    effect as if included in the enactment of the Trade Preferences 
    Extension Act of 2015 (Public Law 114-27; 129 Stat. 362).
        (2) Retroactive application for certain liquidations and 
    reliquidations.--
            (A) In general.--Notwithstanding section 514 of the Tariff 
        Act of 1930 (19 U.S.C. 1514) or any other provision of law and 
        subject to subparagraph (B), any entry of an article classified 
        under subheading 6402.91.42 or 6402.99.32 of the Harmonized 
        Tariff Schedule of the United States, that--
                (i) was made--

                    (I) after the effective date specified in section 
                602(d) of the Trade Preferences Extension Act of 2015 
                (Public Law 114-27; 129 Stat. 414), and
                    (II) before the date of the enactment of this Act, 
                and

                (ii) to which a lower rate of duty would be applicable 
            if the entry were made after such date of enactment,
        shall be liquidated or reliquidated as though such entry 
        occurred on such date of enactment.
            (B) Requests.--A liquidation or reliquidation may be made 
        under subparagraph (A) with respect to an entry only if a 
        request therefor is filed with U.S. Customs and Border 
        Protection not later than 180 days after the date of the 
        enactment of this Act that contains sufficient information to 
        enable U.S. Customs and Border Protection--
                (i) to locate the entry; or
                (ii) to reconstruct the entry if it cannot be located.
            (C) Payment of amounts owed.--Any amounts owed by the 
        United States pursuant to the liquidation or reliquidation of 
        an entry of an article under subparagraph (A) shall be paid, 
        without interest, not later than 90 days after the date of the 
        liquidation or reliquidation (as the case may be).
    SEC. 914. 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 (Public Law 114-26; 19 U.S.C. 4201(a)) 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) Greenhouse Gas Emissions Measures.--Section 102(a) of the 
Bipartisan Congressional Trade Priorities and Accountability Act of 
2015 (Public Law 114-26; 19 U.S.C. 4201(a)), as amended by subsection 
(a) of this section, is further 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 establish 
    obligations for the United States regarding greenhouse gas 
    emissions measures, including obligations that require changes to 
    United States laws or regulations or that would affect the 
    implementation of such laws or regulations, other than those 
    fulfilling the other negotiating objectives in this section.''.
    (c) Fisheries Negotiations.--Section 102(b) of the Bipartisan 
Congressional Trade Priorities and Accountability Act of 2015 (Public 
Law 114-26; 19 U.S.C. 4201(b)) 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--
            ``(A) 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 nontariff barriers;
            ``(B) to eliminate fisheries subsidies that distort trade, 
        including subsidies of the type referred to in paragraph 9 of 
        Annex D to the Ministerial Declaration adopted by the World 
        Trade Organization at the Sixth Ministerial Conference at Hong 
        Kong, China on December 18, 2005;
            ``(C) to pursue transparency in fisheries subsidies 
        programs; and
            ``(D) to address illegal, unreported, and unregulated 
        fishing.''.
    (d) Accreditation.--Section 104 of the Bipartisan Congressional 
Trade Priorities and Accountability Act of 2015 (Public Law 114-26; 19 
U.S.C. 4203) is amended--
        (1) in subsection (b)(3), by striking ``an official'' and 
    inserting ``a delegate and official''; and
        (2) in subsection (c)(2)(C)--
            (A) by striking ``an official'' each place it appears and 
        inserting ``a delegate and official''; and
            (B) by inserting after the first sentence the following: 
        ``In addition, the chairmen 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 and official advisers to the United States 
        delegation in negotiations for any trade agreement to which 
        this title applies.''.
    (e) Trafficking in Persons.--
        (1) In general.--Section 106(b)(6) of the Bipartisan 
    Congressional Trade Priorities and Accountability Act of 2015 
    (Public Law 114-26; 19 U.S.C. 4205(b)(6)) is amended by striking 
    subparagraph (B) and inserting 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, the prohibition under 
            subparagraph (A) shall not apply with respect to a trade 
            agreement or trade 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);
                    ``(II) be accompanied by supporting documentation 
                providing credible evidence of each such concrete 
                action, including copies of relevant laws or 
                regulations adopted or modified, and any enforcement 
                actions taken, by that country, where appropriate; and
                    ``(III) be made available to the public.

            ``(C) Special rule for changes in certain determinations.--
        If a country is listed as a tier 3 country in an annual report 
        on trafficking in persons submitted in calendar year 2014 or 
        any calendar year thereafter and, in the annual report on 
        trafficking in persons submitted in the next calendar year, is 
        listed on the tier 2 watch list, the President shall submit a 
        detailed description of the credible evidence supporting the 
        change in listing of the country, accompanied by copies of 
        documents providing such evidence, where appropriate, to the 
        appropriate congressional committees--
                ``(i) in the case of a change in listing reflected in 
            the annual report on trafficking in persons submitted in 
            calendar year 2015, not later than 90 days after the date 
            of the enactment of the Trade Facilitation and Trade 
            Enforcement Act of 2015; and
                ``(ii) in the case of a change in listing reflected in 
            an annual report on trafficking in persons submitted in 
            calendar year 2016 or any calendar year thereafter, not 
            later than 90 days after the submission of that report.
            ``(D) Sense of congress.--It is the sense of Congress that 
        the integrity of the process for making the determinations in 
        the annual report on trafficking in persons, including 
        determinations with respect to country rankings and the 
        substance of the assessments in the report, should be respected 
        and not affected by unrelated considerations.
            ``(E) Definitions.--In this paragraph:
                ``(i) Annual report on trafficking in persons.--The 
            term `annual report on trafficking in persons' means the 
            annual report on trafficking in persons required under 
            section 110(b)(1) of the Trafficking Victims Protection Act 
            of 2000 (22 U.S.C. 7107(b)(1)).
                ``(ii) Appropriate congressional committees.--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.

                ``(iii) Tier 2 watch list.--The term `tier 2 watch 
            list' means the list of countries required under section 
            110(b)(2)(A)(iii) of the Trafficking Victims Protection Act 
            of 2000 (22 U.S.C. 7107(b)(2)(A)(iii)).
                ``(iv) Tier 3 country.--The term `tier 3 country' means 
            a country on the list of countries required under section 
            110(b)(1)(C) of the Trafficking Victims Protection Act of 
            2000 (22 U.S.C. 7107(b)(1)(C)).''.
        (2) Conforming amendment.--Section 106(b)(6)(A) of the 
    Bipartisan Congressional Trade Priorities and Accountability Act of 
    2015 (Public Law 114-26; 19 U.S.C. 4205(b)(6)(A)) is amended by 
    striking ``to which the minimum'' and all that follows through 
    ``7107(b)(1))'' and inserting ``listed as a tier 3 country in the 
    most recent annual report on trafficking in persons''.
    (f) Technical Amendments.--The Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015 is amended--
        (1) in section 105(b)(3) (Public Law 114-26; 129 Stat. 346; 19 
    U.S.C. 4204(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) (Public Law 114-26; 129 Stat. 354; 19 
    U.S.C. 4205(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 (Public Law 114-26; 129 
Stat. 320; 19 U.S.C. 4201 et seq.).
    SEC. 915. TRADE PREFERENCES FOR NEPAL.
    (a) Findings.--Congress makes the following findings:
        (1) Nepal is among the least developed countries in the world, 
    with a per capita gross national income of $730 in 2014.
        (2) Nepal suffered a devastating earthquake in April 2015, with 
    subsequent aftershocks. More than 9,000 people died and 
    approximately 23,000 people were injured.
    (b) Eligibility Requirements.--
        (1) In general.--The President may authorize the provision of 
    preferential treatment under this section to articles that are 
    imported directly from Nepal into the customs territory of the 
    United States pursuant to subsection (c) if the President 
    determines--
            (A) that Nepal meets the requirements set forth in 
        paragraphs (1), (2), and (3) of section 104(a) of the African 
        Growth and Opportunity Act (19 U.S.C. 3703(a)); and
            (B) after taking into account the factors set forth in 
        paragraphs (1) through (7) of subsection (c) of section 502 of 
        the Trade Act of 1974 (19 U.S.C. 2462), that Nepal meets the 
        eligibility requirements of such section 502.
        (2) Withdrawal, suspension, or limitation of preferential 
    treatment; mandatory graduation.--The provisions of subsections (d) 
    and (e) of section 502 of the Trade Act of 1974 (19 U.S.C. 2462) 
    shall apply with respect to Nepal to the same extent and in the 
    same manner as such provisions apply with respect to beneficiary 
    developing countries under title V of that Act (19 U.S.C. 2461 et 
    seq.).
    (c) Eligible Articles.--
        (1) In general.--An article described in paragraph (2) may 
    enter the customs territory of the United States free of duty.
        (2) Articles described.--
            (A) In general.--An article is described in this paragraph 
        if--
                (i)(I) the article is the growth, product, or 
            manufacture of Nepal; and
                (II) in the case of a textile or apparel article, Nepal 
            is the country of origin of the article, as determined 
            under section 102.21 of title 19, Code of Federal 
            Regulations (as in effect on the day before the date of the 
            enactment of this Act);
                (ii) the article is imported directly from Nepal into 
            the customs territory of the United States;
                (iii) the article is classified under any of the 
            following subheadings of the Harmonized Tariff Schedule of 
            the United States (as in effect on the day before the date 
            of the enactment of this Act):


4202.11.00.............................  4202.22.60...................  4202.92.08
4202.12.20.............................  4202.22.70...................  4202.92.15
4202.12.40.............................  4202.22.80...................  4202.92.20
4202.12.60.............................  4202.29.50...................  4202.92.30
4202.12.80.............................  4202.29.90...................  4202.92.45
4202.21.60.............................  4202.31.60...................  4202.92.60
4202.21.90.............................  4202.32.40...................  4202.92.90
4202.22.15.............................  4202.32.80...................  4202.99.90
4202.22.40.............................  4202.32.95...................  4203.29.50
4202.22.45.............................  4202.91.00                     ........................................
                                                                        ........................................
5701.10.90.............................  5702.91.30...................  5703.10.80
5702.31.20.............................  5702.91.40...................  5703.90.00
5702.49.20.............................  5702.92.90...................  5705.00.20
5702.50.40.............................  5702.99.15                     ........................................
5702.50.59.............................  5703.10.20                     ........................................
                                                                        ........................................
6117.10.60.............................  6214.20.00...................  6217.10.85
6117.80.85.............................  6214.40.00...................  6301.90.00
6214.10.10.............................  6214.90.00...................  6308.00.00
6214.10.20.............................  6216.00.80                     ........................................
                                                                        ........................................
6504.00.90.............................  6505.00.30...................  6505.00.90
6505.00.08.............................  6505.00.40...................  6506.99.30
6505.00.15.............................  6505.00.50...................  6506.99.60
6505.00.20.............................  6505.00.60                     ........................................
6505.00.25.............................  6505.00.80                     ........................................
 


                (iv) the President determines, after receiving the 
            advice of the United States International Trade Commission 
            in accordance with section 503(e) of the Trade Act of 1974 
            (19 U.S.C. 2463(e)), that the article is not import-
            sensitive in the context of imports from Nepal; and
                (v) subject to subparagraph (C), the sum of the cost or 
            value of the materials produced in, and the direct costs of 
            processing operations performed in, Nepal or the customs 
            territory of the United States is not less than 35 percent 
            of the appraised value of the article at the time it is 
            entered.
            (B) Exclusions.--An article shall not be treated as the 
        growth, product, or manufacture of Nepal for purposes of 
        subparagraph (A)(i)(I) by virtue of having merely undergone--
                (i) simple combining or packaging operations; or
                (ii) mere dilution with water or mere dilution with 
            another substance that does not materially alter the 
            characteristics of the article.
            (C) Limitation on united states cost.--For purposes of 
        subparagraph (A)(v), the cost or value of materials produced 
        in, and the direct costs of processing operations performed in, 
        the customs territory of the United States and attributed to 
        the 35-percent requirement under that subparagraph may not 
        exceed 15 percent of the appraised value of the article at the 
        time it is entered.
        (3) Verification with respect to transshipment for textile and 
    apparel articles.--
            (A) In general.--Not later than January 1, April 1, July 1, 
        and October 1 of each calendar year, the Commissioner shall 
        verify that textile and apparel articles imported from Nepal to 
        which preferential treatment is extended under this section are 
        not being unlawfully transshipped into the United States.
            (B) Report to president.--If the Commissioner determines 
        under subparagraph (A) that textile and apparel articles 
        imported from Nepal to which preferential treatment is extended 
        under this section are being unlawfully transshipped into the 
        United States, the Commissioner shall report that determination 
        to the President.
    (d) Trade Facilitation and Capacity Building.--
        (1) Findings.--Congress makes the following findings:
            (A) As a land-locked least-developed country, Nepal has 
        severe challenges reaching markets and developing capacity to 
        export goods. As of 2015, exports from Nepal are approximately 
        $800,000,000 per year, with India the major market at 
        $450,000,000 annually. The United States imports about 
        $80,000,000 worth of goods from Nepal, or 10 percent of the 
        total goods exported from Nepal.
            (B) The World Bank has found evidence that the overall 
        export competitiveness of Nepal has been declining since 2005. 
        Indices compiled by the World Bank and the Organization for 
        Economic Co-operation and Development found that export costs 
        in Nepal are high with respect to both air cargo and container 
        shipments relative to other low-income countries. Such indices 
        also identify particular weaknesses in Nepal with respect to 
        automation of customs and other trade functions, involvement of 
        local exporters and importers in preparing regulations and 
        trade rules, and export finance.
            (C) Implementation by Nepal of the Agreement on Trade 
        Facilitation of the World Trade Organization could directly 
        address some of the weaknesses described in subparagraph (B).
        (2) Establishment of trade facilitation and capacity building 
    program.--Not later than 180 days after the date of the enactment 
    of this Act, the President shall, in consultation with the 
    Government of Nepal, establish a trade facilitation and capacity 
    building program for Nepal--
            (A) to enhance the central export promotion agency of Nepal 
        to support successful exporters and to build awareness among 
        potential exporters in Nepal about opportunities abroad and 
        ways to manage trade documentation and regulations in the 
        United States and other countries;
            (B) to provide export finance training for financial 
        institutions in Nepal and the Government of Nepal;
            (C) to assist the Government of Nepal in maintaining 
        publication on the Internet of all trade regulations, forms for 
        exporters and importers, tax and tariff rates, and other 
        documentation relating to exporting goods and developing a 
        robust public-private dialogue, through its National Trade 
        Facilitation Committee, for Nepal to identify timelines for 
        implementation of key reforms and solutions, as provided for 
        under the Agreement on Trade Facilitation of the World Trade 
        Organization; and
            (D) to increase access to guides for importers and 
        exporters, through publication of such guides on the Internet, 
        including rules and documentation for United States tariff 
        preference programs.
    (e) Reporting Requirement.--Not later than one year after the date 
of the enactment of this Act, and annually thereafter, the President 
shall monitor, review, and report to Congress on the implementation of 
this section, the compliance of Nepal with subsection (b)(1), and the 
trade and investment policy of the United States with respect to Nepal.
    (f) Termination of Preferential Treatment.--No preferential 
treatment extended under this section shall remain in effect after 
December 31, 2025.
    (g) Effective Date.--The provisions of this section shall take 
effect on the date that is 30 days after the date of the enactment of 
this Act.
    SEC. 916. AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION MEMBERS TO 
      REDUCE RATES OF DUTY ON CERTAIN ENVIRONMENTAL GOODS.
    Section 107 of the Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015 (Public Law 114-26; 19 U.S.C. 4206) is 
amended by adding at the end the following:
    ``(c) Agreement by Asia-Pacific Economic Cooperation Members to 
Reduce Rates of Duty on Certain Environmental Goods.--Notwithstanding 
the notification requirement described in section 103(a)(2), the 
President may exercise the proclamation authority provided for in 
section 103(a)(1)(B) to implement an agreement by members of the Asia-
Pacific Economic Cooperation (APEC) to reduce any rate of duty on 
certain environmental goods included in Annex C of the APEC Leaders 
Declaration issued on September 9, 2012, if (and only if) the 
President, as soon as feasible after the date of the enactment of the 
Trade Facilitation and Trade Enforcement Act of 2015, and before 
exercising proclamation authority under section 103(a)(1)(B), notifies 
Congress of the negotiations relating to the agreement and the specific 
United States objectives in the negotiations.''.
    SEC. 917. AMENDMENT TO TARIFF ACT OF 1930 TO REQUIRE COUNTRY OF 
      ORIGIN MARKING OF CERTAIN CASTINGS.
    (a) In General.--Section 304(e) of the Tariff Act of 1930 (19 
U.S.C. 1304(e)) is amended--
        (1) in the subsection heading, by striking ``Manhole Rings or 
    Frames, Covers, and Assemblies Thereof'' and inserting 
    ``Castings'';
        (2) by inserting ``inlet frames, tree and trench grates, 
    lampposts, lamppost bases, cast utility poles, bollards, hydrants, 
    utility boxes,'' before ``manhole rings,''; and
        (3) by adding at the end before the period the following: ``in 
    a location such that it will remain visible after installation''.
    (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 the importation of castings described in such amendments on or after 
the date that is 180 days after such date of enactment.
    SEC. 918. INCLUSION OF CERTAIN INFORMATION IN SUBMISSION OF 
      NOMINATION FOR APPOINTMENT AS DEPUTY UNITED STATES TRADE 
      REPRESENTATIVE.
    Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)) is 
amended by adding at the end the following:
    ``(5)(A) When the President submits to the Senate for its advice 
and consent a nomination of an individual for appointment as a Deputy 
United States Trade Representative under paragraph (2), the President 
shall include in that submission information on the country, regional 
offices, and functions of the Office of the United States Trade 
Representative with respect to which that individual will have 
responsibility.
    ``(B) The President shall notify the Committee on Ways and Means of 
the House of Representatives and the Committee on Finance of the Senate 
not less than 30 days prior to making any change to the 
responsibilities of any Deputy United States Trade Representative 
included in a submission under subparagraph (A), including the reason 
for that change.''.
    SEC. 919. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF 
      BILL PROCESS.
    (a) Findings.--Congress makes the following findings:
        (1) As of the date of the enactment of this Act, the Harmonized 
    Tariff Schedule of the United States imposes duties on imported 
    goods for which there is no domestic availability or insufficient 
    domestic availability.
        (2) The imposition of duties on such goods creates artificial 
    distortions in the economy of the United States that negatively 
    affect United States manufacturers and consumers.
        (3) It would be in the interests of the United States if the 
    Harmonized Tariff Schedule were updated regularly and predictably 
    to eliminate such artificial distortions by suspending or reducing 
    duties on such goods.
        (4) The manufacturing competitiveness of the United States 
    around the world would be enhanced if the Harmonized Tariff 
    Schedule were updated regularly and predictably to suspend or 
    reduce duties on such goods.
    (b) Sense of Congress.--It is the sense of Congress that, to remove 
the competitive disadvantage to United States manufacturers and 
consumers resulting from the imposition of such duties and to promote 
the competitiveness of United States manufacturers, the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of Representatives are urged to advance, as soon as possible, after 
consultation with the public and Members of the Senate and the House of 
Representatives, a regular and predictable legislative process for the 
temporary suspension and reduction of duties that is consistent with 
the rules of the Senate and the House.
    SEC. 920. 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--
        (1) in subparagraph (A), by striking ``July 7, 2025'' and 
    inserting ``September 30, 2025''; and
        (2) by striking subparagraph (D).
    (b) Rate for Merchandise Processing Fees.--Section 503 of the 
United States-Korea Free Trade Agreement Implementation Act (Public Law 
112-41; 19 U.S.C. 3805 note) is amended--
        (1) by striking ``June 30, 2025'' and inserting ``September 30, 
    2025''; and
        (2) by striking subsection (c).
    SEC. 921. 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.
    SEC. 922. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND ON 
      MULTIPLE AND DISCRIMINATORY TAXES ON ELECTRONIC COMMERCE.
    (a) Permanent Moratorium.--Section 1101(a) of the Internet Tax 
Freedom Act (47 U.S.C. 151 note) is amended by striking ``during the 
period beginning November 1, 2003, and ending October 1, 2015''.
    (b) Temporary Extension.--Section 1104(a)(2)(A) of the Internet Tax 
Freedom Act (47 U.S.C. 151 note) is amended by striking ``October 1, 
2015'' and inserting ``June 30, 2020''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.