[Congressional Record (Bound Edition), Volume 161 (2015), Part 7]
[House]
[Pages 9468-9533]
[From the U.S. Government Publishing Office, www.gpo.gov]




                              {time}  1145
                     AMERICA GIVES MORE ACT OF 2015

  Mr. TIBERI. Mr. Speaker, pursuant to House Resolution 305, I call up 
the bill (H.R. 644) to amend the Internal Revenue Code of 1986 to 
permanently extend and expand the charitable deduction for 
contributions of food inventory, with the Senate amendments thereto, 
and ask for its immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will designate the Senate 
amendments.
  Senate amendments:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Trade 
     Facilitation and Trade Enforcement Act of 2015''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

           TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT

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

                   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--EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS

Sec. 401. Short title.
Sec. 402. Procedures for investigating claims of evasion of antidumping 
              and countervailing duty orders.
Sec. 403. Annual report on prevention and investigation of evasion of 
              antidumping and countervailing duty orders.

    TITLE V--AMENDMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAWS

Sec. 501. Consequences of failure to cooperate with a request for 
              information in a proceeding.

[[Page 9469]]

Sec. 502. Definition of material injury.
Sec. 503. Particular market situation.
Sec. 504. Distortion of prices or costs.
Sec. 505. Reduction in burden on Department of Commerce by reducing the 
              number of voluntary respondents.
Sec. 506. Application to Canada and Mexico.

TITLE VI--ADDITIONAL TRADE ENFORCEMENT AND INTELLECTUAL PROPERTY RIGHTS 
                               PROTECTION

                     Subtitle A--Trade Enforcement

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 Trade Enforcement Center.
Sec. 605. Establishment of Chief Manufacturing Negotiator.
Sec. 606. Enforcement under title III of the Trade Act of 1974 with 
              respect to certain acts, policies, and practices relating 
              to the environment.
Sec. 607. Trade Enforcement Trust Fund.
Sec. 608. Honey transshipment.
Sec. 609. Inclusion of interest in certain distributions of antidumping 
              duties and countervailing duties.
Sec. 610. Illicitly imported, exported, or trafficked cultural 
              property, archaeological or ethnological materials, and 
              fish, wildlife, and plants.

          Subtitle B--Intellectual Property Rights Protection

Sec. 611. Establishment of Chief Innovation and Intellectual Property 
              Negotiator.
Sec. 612. Measures relating to countries that deny adequate protection 
              for intellectual property rights.

                    TITLE VII--CURRENCY MANIPULATION

          Subtitle A--Investigation of Currency Undervaluation

Sec. 701. Short title.
Sec. 702. Investigation or review of currency undervaluation under 
              countervailing duty law.
Sec. 703. Benefit calculation methodology with respect to currency 
              undervaluation.
Sec. 704. Modification of definition of specificity with respect to 
              export subsidy.
Sec. 705. Application to Canada and Mexico.
Sec. 706. Effective date.

 Subtitle B--Engagement on Currency Exchange Rate and Economic Policies

Sec. 711. Enhancement of engagement on currency exchange rate and 
              economic policies with certain major trading partners of 
              the United States.
Sec. 712. Advisory Committee on International Exchange Rate Policy.

TITLE VIII--PROCESS FOR CONSIDERATION OF TEMPORARY DUTY SUSPENSIONS AND 
                               REDUCTIONS

Sec. 801. Short title.
Sec. 802. Sense of Congress on the need for a miscellaneous tariff 
              bill.
Sec. 803. Process for consideration of duty suspensions and reductions.
Sec. 804. Report on effects of duty suspensions and reductions on 
              United States economy.
Sec. 805. Judicial review precluded.
Sec. 806. Definitions.

                   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. Inclusion of certain information in submission of nomination 
              for appointment as Deputy United States Trade 
              Representative.
Sec. 908. Biennial reports regarding competitiveness issues facing the 
              United States economy and competitive conditions for 
              certain key United States industries.
Sec. 909. Report on certain U.S. Customs and Border Protection 
              agreements.
Sec. 910. Charter flights.
Sec. 911. Amendment to Tariff Act of 1930 to require country of origin 
              marking of certain castings.
Sec. 912. Elimination of consumptive demand exception to prohibition on 
              importation of goods made with convict labor, forced 
              labor, or indentured labor; report.
Sec. 913. Improved collection and use of labor market information.
Sec. 914. Statements of policy with respect to Israel.

                            TITLE X--OFFSETS

Sec. 1001. Revocation or denial of passport in case of certain unpaid 
              taxes.
Sec. 1002. Customs user fees.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Automated commercial environment.--The term ``Automated 
     Commercial Environment'' means the Automated Commercial 
     Environment computer system authorized under section 
     13031(f)(4) of the Consolidated Omnibus Budget Reconciliation 
     Act of 1985 (19 U.S.C. 58c(f)(4)).
       (2) Commissioner.--The term ``Commissioner'' means the 
     Commissioner responsible for U.S. Customs and Border 
     Protection.
       (3) Customs and trade laws of the united states.--The term 
     ``customs and trade laws of the United States'' includes the 
     following:
       (A) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.).
       (B) Section 249 of the Revised Statutes (19 U.S.C. 3).
       (C) Section 2 of the Act of March 4, 1923 (42 Stat. 1453, 
     chapter 251; 19 U.S.C. 6).
       (D) The Act of March 3, 1927 (44 Stat. 1381, chapter 348; 
     19 U.S.C. 2071 et seq.).
       (E) Section 13031 of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c).
       (F) Section 251 of the Revised Statutes (19 U.S.C. 66).
       (G) Section 1 of the Act of June 26, 1930 (46 Stat. 817, 
     chapter 617; 19 U.S.C. 68).
       (H) The Foreign Trade Zones Act (19 U.S.C. 81a et seq.).
       (I) Section 1 of the Act of March 2, 1911 (36 Stat. 965, 
     chapter 191; 19 U.S.C. 198).
       (J) The Trade Act of 1974 (19 U.S.C. 2102 et seq.).
       (K) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et 
     seq.).
       (L) The North American Free Trade Agreement Implementation 
     Act (19 U.S.C. 3301 et seq.).
       (M) The Uruguay Round Agreements Act (19 U.S.C. 3501 et 
     seq.).
       (N) The Caribbean Basin Economic Recovery Act (19 U.S.C. 
     2701 et seq.).
       (O) The Andean Trade Preference Act (19 U.S.C. 3201 et 
     seq.).
       (P) The African Growth and Opportunity Act (19 U.S.C. 3701 
     et seq.).
       (Q) The Customs Enforcement Act of 1986 (Public Law 99-570; 
     100 Stat. 3207-79).
       (R) The Customs and Trade Act of 1990 (Public Law 101-382; 
     104 Stat. 629).
       (S) The Customs Procedural Reform and Simplification Act of 
     1978 (Public Law 95-410; 92 Stat. 888).
       (T) The Trade Act of 2002 (Public Law 107-210; 116 Stat. 
     933).
       (U) The Convention on Cultural Property Implementation Act 
     (19 U.S.C. 2601 et seq.).
       (V) The Act of March 28, 1928 (45 Stat. 374, chapter 266; 
     19 U.S.C. 2077 et seq.).
       (W) The Act of August 7, 1939 (53 Stat. 1263, chapter 566).
       (X) Any other provision of law implementing a trade 
     agreement.
       (Y) Any other provision of law vesting customs revenue 
     functions in the Secretary of the Treasury.
       (Z) Any other provision of law relating to trade 
     facilitation or trade enforcement that is administered by 
     U.S. Customs and Border Protection on behalf of any Federal 
     agency that is required to participate in the International 
     Trade Data System.
       (AA) Any other provision of customs or trade law 
     administered by U.S. Customs and Border Protection or U.S. 
     Immigration and Customs Enforcement.
       (4) Private sector entity.--The term ``private sector 
     entity'' means--
       (A) an importer;
       (B) an exporter;
       (C) a forwarder;
       (D) an air, sea, or land carrier or shipper;
       (E) a contract logistics provider;
       (F) a customs broker; or
       (G) any other person (other than an employee of a 
     government) affected by the implementation of the customs and 
     trade laws of the United States.
       (5) Trade enforcement.--The term ``trade enforcement'' 
     means the enforcement of the customs and trade laws of the 
     United States.
       (6) Trade facilitation.--The term ``trade facilitation'' 
     refers to policies and activities of U.S. Customs and Border 
     Protection with respect to facilitating the movement of 
     merchandise into and out of the United States in a manner 
     that complies with the customs and trade laws of the United 
     States.

           TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT

     SEC. 101. IMPROVING PARTNERSHIP PROGRAMS.

       (a) In General.--In order to advance the security, trade 
     enforcement, and trade facilitation missions of U.S. Customs 
     and Border Protection, the Commissioner shall ensure that 
     partnership programs of U.S. Customs and Border Protection 
     established before the date of the enactment of this Act, 
     such as the Customs-Trade Partnership Against Terrorism 
     established under subtitle B of title II of the Security and 
     Accountability for Every Port Act of 2006 (6 U.S.C. 961 et 
     seq.), and partnership programs of U.S. Customs and Border 
     Protection established after such date of enactment, provide 
     trade benefits to private sector entities that meet the 
     requirements for participation in those programs established 
     by the Commissioner under this section.
       (b) Elements.--In developing and operating partnership 
     programs under subsection (a), the Commissioner shall--
       (1) consult with private sector entities, the public, and 
     other Federal agencies when appropriate, to ensure that 
     participants in those programs receive commercially 
     significant and measurable trade benefits, including 
     providing preclearance of merchandise for qualified persons 
     that demonstrate the highest levels of compliance with the 
     customs and trade laws of the

[[Page 9470]]

     United States, regulations of U.S. Customs and Border 
     Protection, and other requirements the Commissioner 
     determines to be necessary;
       (2) ensure an integrated and transparent system of trade 
     benefits and compliance requirements for all partnership 
     programs of U.S. Customs and Border Protection;
       (3) consider consolidating partnership programs in 
     situations in which doing so would support the objectives of 
     such programs, increase participation in such programs, 
     enhance the trade benefits provided to participants in such 
     programs, and enhance the allocation of the resources of U.S. 
     Customs and Border Protection;
       (4) coordinate with the Director of U.S. Immigration and 
     Customs Enforcement, and other Federal agencies with 
     authority to detain and release merchandise entering the 
     United States--
       (A) to ensure coordination in the release of such 
     merchandise through the Automated Commercial Environment, or 
     its predecessor, and the International Trade Data System;
       (B) to ensure that the partnership programs of those 
     agencies are compatible with the partnership programs of U.S. 
     Customs and Border Protection;
       (C) to develop criteria for authorizing the release, on an 
     expedited basis, of merchandise for which documentation is 
     required from one or more of those agencies to clear or 
     license the merchandise for entry into the United States; and
       (D) to create pathways, within and among the appropriate 
     Federal agencies, for qualified persons that demonstrate the 
     highest levels of compliance to receive immediate clearance 
     absent information that a transaction may pose a national 
     security or compliance threat; and
       (5) ensure that trade benefits are provided to participants 
     in partnership programs.
       (c) Report Required.--Not later than the date that is 180 
     days after the date of the enactment of this Act, and 
     December 31 of each year thereafter, the Commissioner shall 
     submit to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives a 
     report that--
       (1) identifies each partnership program referred to in 
     subsection (a);
       (2) for each such program, identifies--
       (A) the requirements for participants in the program;
       (B) the commercially significant and measurable trade 
     benefits provided to participants in the program;
       (C) the number of participants in the program; and
       (D) in the case of a program that provides for 
     participation at multiple tiers, the number of participants 
     at each such tier;
       (3) identifies the number of participants enrolled in more 
     than one such partnership program;
       (4) assesses the effectiveness of each such partnership 
     program in advancing the security, trade enforcement, and 
     trade facilitation missions of U.S. Customs and Border 
     Protection, based on historical developments, the level of 
     participation in the program, and the evolution of benefits 
     provided to participants in the program;
       (5) summarizes the efforts of U.S. Customs and Border 
     Protection to work with other Federal agencies with authority 
     to detain and release merchandise entering the United States 
     to ensure that partnership programs of those agencies are 
     compatible with partnership programs of U.S. Customs and 
     Border Protection;
       (6) summarizes criteria developed with those agencies for 
     authorizing the release, on an expedited basis, of 
     merchandise for which documentation is required from one or 
     more of those agencies to clear or license the merchandise 
     for entry into the United States;
       (7) summarizes the efforts of U.S. Customs and Border 
     Protection to work with private sector entities and the 
     public to develop and improve partnership programs referred 
     to in subsection (a);
       (8) describes measures taken by U.S. Customs and Border 
     Protection to make private sector entities aware of the trade 
     benefits available to participants in such programs; and
       (9) summarizes the plans, targets, and goals of U.S. 
     Customs and Border Protection with respect to such programs 
     for the 2 years following the submission of the report.

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

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives a report on the effectiveness of trade 
     enforcement activities of U.S. Customs and Border Protection.
       (b) Contents.--The report required by subsection (a) shall 
     include--
       (1) a description of the use of resources, results of 
     audits and verifications, targeting, organization, and 
     training of personnel of U.S. Customs and Border Protection;
       (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 paragraph 
     (3)(B)(ii) of section 2(d) of the Act of March 3, 1927 (44 
     Stat. 1381, chapter 348; 19 U.S.C. 2072(d)), as added by 
     section 111(a) of this Act, 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 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives, shall establish 
     priorities and performance standards to measure the 
     development and levels of achievement of the customs 
     modernization, trade facilitation, and trade enforcement 
     functions and programs described in subsection (b).
       (2) Minimum priorities and standards.--Such priorities and 
     performance standards shall, at a minimum, include priorities 
     and standards relating to efficiency, outcome, output, and 
     other types of applicable measures.
       (b) Functions and Programs Described.--The functions and 
     programs referred to in subsection (a) are the following:
       (1) The Automated Commercial Environment.
       (2) Each of the priority trade issues described in 
     paragraph (3)(B)(ii) of section 2(d) of the Act of March 3, 
     1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072(d)), as 
     added by section 111(a) of this Act.
       (3) The Centers of Excellence and Expertise described in 
     section 110 of this Act.
       (4) Drawback for exported merchandise under section 313 of 
     the Tariff Act of 1930 (19 U.S.C. 1313), as amended by 
     section 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 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives of any changes to 
     the priorities referred to in subsection (a) not later than 
     30 days before such changes are to take effect.

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

       (a) In General.--
       (1) Establishment.--The Commissioner and the Director shall 
     establish and carry out on a fiscal year basis educational 
     seminars to--
       (A) improve the ability of U.S. Customs and Border 
     Protection personnel to classify and appraise articles 
     imported into the United States in accordance with the 
     customs and trade laws of the United States;
       (B) improve the trade enforcement efforts of U.S. Customs 
     and Border Protection personnel and U.S. Immigration and 
     Customs Enforcement personnel; and
       (C) otherwise improve the ability and effectiveness of U.S. 
     Customs and Border Protection personnel and U.S. Immigration 
     and Customs Enforcement personnel to facilitate legitimate 
     international trade.
       (b) Content.--
       (1) Classifying and appraising imported articles.--In 
     carrying out subsection (a)(1)(A), the Commissioner, the 
     Director, and interested parties in the private sector 
     selected under subsection (c) shall provide instruction and 
     related instructional materials at each educational seminar 
     under this section to U.S. Customs and Border Protection 
     personnel and, as appropriate, to U.S. Immigration and 
     Customs Enforcement personnel on the following:
       (A) Conducting a physical inspection of an article imported 
     into the United States, including testing of samples of the 
     article, to determine if the article is mislabeled in the 
     manifest or other accompanying documentation.
       (B) Reviewing the manifest and other accompanying 
     documentation of an article imported into the United States 
     to determine if the country of origin of the article listed 
     in the manifest or other accompanying documentation is 
     accurate.
       (C) Customs valuation.
       (D) Industry supply chains and other related matters as 
     determined to be appropriate by the Commissioner.
       (2) Trade enforcement efforts.--In carrying out subsection 
     (a)(1)(B), the Commissioner, the Director, and interested 
     parties in the private sector selected under subsection (c) 
     shall provide instruction and related instructional materials 
     at each educational seminar under this section to U.S. 
     Customs and Border Protection personnel and, as appropriate, 
     to U.S. Immigration and Customs Enforcement personnel to 
     identify opportunities to enhance enforcement of the 
     following:

[[Page 9471]]

       (A) Collection of countervailing duties assessed under 
     subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 
     1671 et seq.) and antidumping duties assessed under subtitle 
     B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et 
     seq.).
       (B) Addressing evasion of duties on imports of textiles.
       (C) Protection of intellectual property rights.
       (D) Enforcement of child labor laws.
       (3) Approval of commissioner and director.--The instruction 
     and related instructional materials at each educational 
     seminar under this section shall be subject to the approval 
     of the Commissioner and the Director.
       (c) Selection Process.--
       (1) In general.--The Commissioner shall establish a process 
     to solicit, evaluate, and select interested parties in the 
     private sector for purposes of assisting in providing 
     instruction and related instructional materials described in 
     subsection (b) at each educational seminar under this 
     section.
       (2) Criteria.--The Commissioner shall evaluate and select 
     interested parties in the private sector under the process 
     established under paragraph (1) based on--
       (A) availability and usefulness;
       (B) the volume, value, and incidence of mislabeling or 
     misidentification of origin of imported articles; and
       (C) other appropriate criteria established by the 
     Commissioner.
       (3) Public availability.--The Commissioner and the Director 
     shall publish in the Federal Register a detailed description 
     of the process established under paragraph (1) and the 
     criteria established under paragraph (2).
       (d) Special Rule for Antidumping and Countervailing Duty 
     Orders.--
       (1) In general.--The Commissioner shall give due 
     consideration to carrying out an educational seminar under 
     this section in whole or in part to improve the ability of 
     U.S. Customs and Border Protection personnel to enforce a 
     countervailing or antidumping duty order issued under section 
     706 or 736 of the Tariff Act of 1930 (19 U.S.C. 1671e or 
     1673e) upon the request of a petitioner in an action 
     underlying such countervailing or antidumping duty order.
       (2) Interested party.--A petitioner described in paragraph 
     (1) shall be treated as an interested party in the private 
     sector for purposes of the requirements of this section.
       (e) Performance Standards.--The Commissioner and the 
     Director shall establish performance standards to measure the 
     development and level of achievement of educational seminars 
     under this section.
       (f) Reporting.--Beginning September 30, 2016, the 
     Commissioner and the Director shall submit to the Committee 
     of Finance of the Senate and the Committee of Ways and Means 
     of the House of Representatives an annual report on the 
     effectiveness of educational seminars under this section.
       (g) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     U.S. Immigration and Customs Enforcement.
       (2) United states.--The term ``United States'' means the 
     customs territory of the United States, as defined in General 
     Note 2 to the Harmonized Tariff Schedule of the United 
     States.
       (3) U.S. customs and border protection personnel.--The term 
     ``U.S. Customs and Border Protection personnel'' means import 
     specialists, auditors, and other appropriate employees of 
     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 Committee 
     on Finance of the Senate and the Committee on Ways and Means 
     of the House of Representatives, a joint strategic plan.
       (b) Contents.--The joint strategic plan required under this 
     section shall be comprised of a comprehensive multi-year plan 
     for trade enforcement and trade facilitation, and shall 
     include--
       (1) a summary of actions taken during the 2-year period 
     preceding the submission of the plan to improve trade 
     enforcement and trade facilitation, including a description 
     and analysis of specific performance measures to evaluate the 
     progress of U.S. Customs and Border Protection and U.S. 
     Immigration and Customs Enforcement in meeting each such 
     responsibility;
       (2) a statement of objectives and plans for further 
     improving trade enforcement and trade facilitation;
       (3) a specific identification of the priority trade issues 
     described in paragraph (3)(B)(ii) of section 2(d) of the Act 
     of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 
     2072(d)), as added by section 111(a) of this Act, that can be 
     addressed in order to enhance trade enforcement and trade 
     facilitation, and a description of strategies and plans for 
     addressing each such issue, 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 under 
     section 104 of this Act;
       (6) a description of efforts to work with the World Customs 
     Organization and other international organizations, in 
     consultation with other Federal agencies as appropriate, with 
     respect to enhancing trade enforcement and trade 
     facilitation;
       (7) a description of U.S. Customs and Border Protection 
     organizational benchmarks for optimizing staffing and wait 
     times at ports of entry;
       (8) a specific identification of any domestic or 
     international best practices that may further improve trade 
     enforcement and trade facilitation;
       (9) any legislative recommendations to further improve 
     trade enforcement and trade facilitation; and
       (10) a description of efforts made to improve consultation 
     and coordination with the private sector to enhance trade 
     enforcement and trade facilitation.
       (c) Consultations.--
       (1) In general.--In developing the joint strategic plan 
     required under this section, the Commissioner and the 
     Director shall consult with--
       (A) appropriate officials from the relevant Federal 
     agencies, including--
       (i) the Department of the Treasury;
       (ii) the Department of Agriculture;
       (iii) the Department of Commerce;
       (iv) the Department of Justice;
       (v) the Department of the Interior;
       (vi) the Department of Health and Human Services;
       (vii) the Food and Drug Administration;
       (viii) the Consumer Product Safety Commission; and
       (ix) the Office of the United States Trade Representative; 
     and
       (B) the Commercial Customs Operations Advisory Committee 
     established by section 109 of this Act.
       (2) Other consultations.--In developing the joint strategic 
     plan required under this section, the Commissioner and the 
     Director shall seek to consult with--
       (A) appropriate officials from relevant foreign law 
     enforcement agencies and international organizations, 
     including the World Customs Organization; and
       (B) interested parties in the private sector.
       (d) Form of Plan.--The plan required by subsection (a) 
     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.--Section 311(b)(3) of the Customs Border 
     Security Act of 2002 (19 U.S.C. 2075 note) is amended to read 
     as follows:
       ``(3) Report.--
       ``(A) In general.--Not later than December 31, 2016, the 
     Commissioner responsible for U.S. Customs and Border 
     Protection shall submit to the Committee on Appropriations 
     and the Committee on Finance of the Senate and the Committee 
     on Appropriations and the Committee on Ways and Means of the 
     House of Representatives a report detailing--
       ``(i) U.S. Customs and Border Protection's incorporation of 
     all core trade processing capabilities, including cargo 
     release, entry summary, cargo manifest, cargo financial data, 
     and export data elements into the Automated Commercial 
     Environment computer system authorized under section 
     13031(f)(4) of the Consolidated Omnibus Budget and 
     Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)) not later 
     than September 30, 2016, to conform with the admissibility 
     criteria of agencies participating in the International Trade 
     Data System identified pursuant to section 411(d)(4)(A)(iii) 
     of the Tariff Act of 1930;
       ``(ii) U.S. Customs and Border Protection's remaining 
     priorities for processing entry summary data elements, cargo 
     manifest data elements, cargo financial data elements, and 
     export elements in the Automated Commercial Environment 
     computer system, and the objectives and plans for 
     implementing these remaining priorities;
       ``(iii) the components of the National Customs Automation 
     Program specified in subsection (a)(2) of section 411 of the 
     Tariff Act of 1930 that have not been implemented; and
       ``(iv) any additional components of the National Customs 
     Automation Program initiated by the Commissioner to complete 
     the development, establishment, and implementation of the 
     Automated Commercial Environment computer system.
       ``(B) Update of reports.--Not later than September 30, 
     2017, the Commissioner shall submit to the Committee on 
     Appropriations and the Committee on Finance of the Senate and 
     the Committee on Appropriations and the Committee on Ways and 
     Means of the House of Representatives an updated report 
     addressing each of the matters referred to in subparagraph 
     (A), and--

[[Page 9472]]

       ``(i) evaluating the effectiveness of the implementation of 
     the Automated Commercial Environment computer system; and
       ``(ii) detailing the percentage of trade processed in the 
     Automated Commercial Environment every month since September 
     30, 2016.''.
       (c) Government Accountability Office Report.--Not later 
     than December 31, 2017, the Comptroller General of the United 
     States shall submit to the Committee on Appropriations and 
     the Committee on Finance of the Senate and the Committee on 
     Appropriations and the Committee on Ways and Means of the 
     House of Representatives a report--
       (1) assessing the progress of other Federal agencies in 
     accessing and utilizing the Automated Commercial Environment; 
     and
       (2) assessing the potential cost savings to the United 
     States Government and importers and exporters and the 
     potential benefits to enforcement of the customs and trade 
     laws of the United States if the elements identified in 
     clauses (i) through (iv) of section 311(b)(3)(A) of the 
     Customs Border Security Act of 2002, as amended by subsection 
     (b) of this section, are implemented.

     SEC. 107. INTERNATIONAL TRADE DATA SYSTEM.

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

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

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

     SEC. 109. COMMERCIAL CUSTOMS OPERATIONS ADVISORY COMMITTEE.

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

     SEC. 110. CENTERS OF EXCELLENCE AND EXPERTISE.

       (a) In General.--The Commissioner shall, in consultation 
     with the Committee on Finance of the Senate, the Committee on 
     Ways and Means of the House of Representatives, and the 
     Commercial Customs Operations Advisory Committee established 
     by section 109 of this Act, develop and implement Centers of 
     Excellence and Expertise throughout U.S. Customs and Border 
     Protection that--
       (1) enhance the economic competitiveness of the United 
     States by consistently enforcing the

[[Page 9473]]

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

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

       (a) In General.--Section 2(d) of the Act of March 3, 1927 
     (44 Stat. 1381, chapter 348; 19 U.S.C. 2072(d)) is amended by 
     adding at the end the following:
       ``(3) Commercial targeting division and national targeting 
     and analysis groups.--
       ``(A) Establishment of commercial targeting division.--
       ``(i) In general.--The Secretary of Homeland Security shall 
     establish and maintain within the Office of International 
     Trade a Commercial Targeting Division.
       ``(ii) Composition.--The Commercial Targeting Division 
     shall be composed of--

       ``(I) headquarters personnel led by an Executive Director, 
     who shall report to the Assistant Commissioner for Trade; and
       ``(II) individual National Targeting and Analysis Groups, 
     each led by a Director who shall report to the Executive 
     Director of the Commercial Targeting Division.

       ``(iii) Duties.--The Commercial Targeting Division shall be 
     dedicated--

       ``(I) to the development and conduct of commercial risk 
     assessment targeting with respect to cargo destined for the 
     United States in accordance with subparagraph (C); and
       ``(II) to issuing Trade Alerts described in subparagraph 
     (D).

       ``(B) National targeting and analysis groups.--
       ``(i) In general.--A National Targeting and Analysis Group 
     referred to in subparagraph (A)(ii)(II) shall, at a minimum, 
     be established for each priority trade issue described in 
     clause (ii).
       ``(ii) Priority trade issues.--

       ``(I) In general.--The priority trade issues described in 
     this clause are the following:

       ``(aa) Agriculture programs.
       ``(bb) Antidumping and countervailing duties.
       ``(cc) Import safety.
       ``(dd) Intellectual property rights.
       ``(ee) Revenue.
       ``(ff) Textiles and wearing apparel.
       ``(gg) Trade agreements and preference programs.

       ``(II) Modification.--The Commissioner is authorized to 
     establish new priority trade issues and eliminate, 
     consolidate, or otherwise modify the priority trade issues 
     described in this paragraph if the Commissioner--

       ``(aa) determines it necessary and appropriate to do so;
       ``(bb) submits to the Committee on Finance of the Senate 
     and the Committee on Ways and Means of the House of 
     Representatives a summary of proposals to consolidate, 
     eliminate, or otherwise modify existing priority trade issues 
     not later than 60 days before such changes are to take 
     effect; and
       ``(cc) submits to the Committee on Finance of the Senate 
     and the Committee on Ways and Means of the House of 
     Representatives a summary of proposals to establish new 
     priority trade issues not later than 30 days after such 
     changes are to take effect.
       ``(iii) Duties.--The duties of each National Targeting and 
     Analysis Group shall include--

       ``(I) directing the trade enforcement and compliance 
     assessment activities of U.S. Customs and Border Protection 
     that relate to the Group's priority trade issue;
       ``(II) facilitating, promoting, and coordinating 
     cooperation and the exchange of information between U.S. 
     Customs and Border Protection, U.S. Immigration and Customs 
     Enforcement, and other relevant Federal departments and 
     agencies regarding the Group's priority trade issue; and
       ``(III) serving as the primary liaison between U.S. Customs 
     and Border Protection and the public regarding United States 
     Government activities regarding the Group's priority trade 
     issue, including--

       ``(aa) providing for receipt and transmission to the 
     appropriate U.S. Customs and Border Protection office of 
     allegations from interested parties in the private sector of 
     violations of customs and trade laws of the United States of 
     merchandise relating to the priority trade issue;
       ``(bb) obtaining information from the appropriate U.S. 
     Customs and Border Protection office on the status of any 
     activities resulting from the submission of any such 
     allegation, including any decision not to pursue the 
     allegation, and providing any such information to each 
     interested party in the private sector that submitted the 
     allegation every 90 days after the allegation was received by 
     U.S. Customs and Border Protection unless providing such 
     information would compromise an ongoing law enforcement 
     investigation; and
       ``(cc) notifying on a timely basis each interested party in 
     the private sector that submitted such allegation of any 
     civil or criminal actions taken by U.S. Customs and Border 
     Protection or other Federal department or agency resulting 
     from the allegation.
       ``(C) Commercial risk assessment targeting.--In carrying 
     out its duties with respect to commercial risk assessment 
     targeting, the Commercial Targeting Division shall--
       ``(i) establish targeted risk assessment methodologies and 
     standards--

       ``(I) for evaluating the risk that cargo destined for the 
     United States may violate the customs and trade laws of the 
     United States, particularly those laws applicable to 
     merchandise subject to the priority trade issues described in 
     subparagraph (B)(ii); and
       ``(II) for issuing, as appropriate, Trade Alerts described 
     in subparagraph (D); and

       ``(ii) to the extent practicable and otherwise authorized 
     by law, use, to administer the methodologies and standards 
     established under clause (i)--

       ``(I) publicly available information;
       ``(II) information available from the Automated Commercial 
     System, the Automated Commercial Environment computer system, 
     the Automated Targeting System, the Automated Export System, 
     the International Trade Data System, the TECS (formerly known 
     as the `Treasury Enforcement Communications System'), the 
     case management system of U.S. Immigration and Customs 
     Enforcement, and any successor systems; and
       ``(III) information made available to the Commercial 
     Targeting Division, including information provided by private 
     sector entities.

       ``(D) Trade alerts.--
       ``(i) Issuance.--Based upon the application of the targeted 
     risk assessment methodologies and standards established under 
     subparagraph (C), the Executive Director of the Commercial 
     Targeting Division and the Directors of the National 
     Targeting and Analysis Groups may issue Trade Alerts to 
     directors of United States ports of entry directing further 
     inspection, or physical examination or testing, of specific 
     merchandise to ensure compliance with all applicable customs 
     and trade laws and regulations administered by U.S. Customs 
     and Border Protection.
       ``(ii) Determinations not to implement trade alerts.--The 
     director of a United States port of entry may determine not 
     to conduct further inspections, or physical examination or 
     testing, pursuant to a Trade Alert issued under clause (i) if 
     the director--

       ``(I) finds that such a determination is justified by 
     security interests; and
       ``(II) notifies the Assistant Commissioner of the Office of 
     Field Operations and the Assistant Commissioner of 
     International Trade of U.S. Customs and Border Protection of 
     the determination and the reasons for the determination not 
     later than 48 hours after making the determination.

       ``(iii) Summary of determinations not to implement.--The 
     Assistant Commissioner of the Office of Field Operations of 
     U.S. Customs and Border Protection shall--

       ``(I) compile an annual public summary of all 
     determinations by directors of United States ports of entry 
     under clause (ii) and the reasons for those determinations;
       ``(II) conduct an evaluation of the utilization of Trade 
     Alerts issued under clause (i); and

[[Page 9474]]

       ``(III) submit the summary to the Committee on Finance of 
     the Senate and the Committee on Ways and Means of the House 
     of Representatives not later than December 31 of each year.

       ``(iv) Inspection defined.--In this subparagraph, the term 
     `inspection' means the comprehensive evaluation process used 
     by U.S. Customs and Border Protection, other than physical 
     examination or testing, to permit the entry of merchandise 
     into the United States, or the clearance of merchandise for 
     transportation in bond through the United States, for 
     purposes of--

       ``(I) assessing duties;
       ``(II) identifying restricted or prohibited items; and
       ``(III) ensuring compliance with all applicable customs and 
     trade laws and regulations administered by U.S. Customs and 
     Border Protection.''.

       (b) Use of Trade Data for Commercial Enforcement 
     Purposes.--Section 343(a)(3)(F) of the Trade Act of 2002 (19 
     U.S.C. 2071 note) is amended to read as follows:
       ``(F) The information collected pursuant to the regulations 
     shall be used exclusively for ensuring cargo safety and 
     security, preventing smuggling, and commercial risk 
     assessment targeting, and shall not be used for any 
     commercial enforcement purposes, including for determining 
     merchandise entry. Notwithstanding the preceding sentence, 
     nothing in this section shall be treated as amending, 
     repealing, or otherwise modifying title IV of the Tariff Act 
     of 1930 or regulations prescribed thereunder.''.

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

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

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

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

     SEC. 114. IMPORTER OF RECORD PROGRAM.

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

     SEC. 115. ESTABLISHMENT OF NEW IMPORTER PROGRAM.

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

                   TITLE II--IMPORT HEALTH AND SAFETY

     SEC. 201. INTERAGENCY IMPORT SAFETY WORKING GROUP.

       (a) Establishment.--There is established an interagency 
     Import Safety Working Group.
       (b) Membership.--The interagency Import Safety Working 
     Group shall consist of the following officials or their 
     designees:
       (1) The Secretary of Homeland Security, who shall serve as 
     the Chair.
       (2) The Secretary of Health and Human Services, who shall 
     serve as the Vice Chair.
       (3) The Secretary of the Treasury.
       (4) The Secretary of Commerce.
       (5) The Secretary of Agriculture.
       (6) The United States Trade Representative.
       (7) The Director of the Office of Management and Budget.
       (8) The Commissioner of Food and Drugs.
       (9) The Commissioner responsible for U.S. Customs and 
     Border Protection.
       (10) The Chairman of the Consumer Product Safety 
     Commission.
       (11) The Director of U.S. Immigration and Customs 
     Enforcement.
       (12) The head of any other Federal agency designated by the 
     President to participate in the interagency Import Safety 
     Working Group, as appropriate.
       (c) Duties.--The duties of the interagency Import Safety 
     Working Group shall include--
       (1) consulting on the development of the joint import 
     safety rapid response plan required by section 202 of this 
     Act;
       (2) periodically evaluating the adequacy of the plans, 
     practices, and resources of the Federal Government dedicated 
     to ensuring the safety of merchandise imported in the United 
     States

[[Page 9475]]

     and the expeditious entry of such merchandise, including--
       (A) minimizing the duplication of efforts among agencies 
     the heads of which are members of the interagency Import 
     Safety Working Group and ensuring the compatibility of the 
     policies and regulations of those agencies; and
       (B) recommending additional administrative actions, as 
     appropriate, designed to ensure the safety of merchandise 
     imported into the United States and the expeditious entry of 
     such merchandise and considering the impact of those actions 
     on private sector entities;
       (3) reviewing the engagement and cooperation of foreign 
     governments and foreign manufacturers in facilitating the 
     inspection and certification, as appropriate, of such 
     merchandise to be imported into the United States and the 
     facilities producing such merchandise to ensure the safety of 
     the merchandise and the expeditious entry of the merchandise 
     into the United States;
       (4) identifying best practices, in consultation with 
     private sector entities as appropriate, to assist United 
     States importers in taking all appropriate steps to ensure 
     the safety of merchandise imported into the United States, 
     including with respect to--
       (A) the inspection of manufacturing facilities in foreign 
     countries;
       (B) the inspection of merchandise destined for the United 
     States before exportation from a foreign country or before 
     distribution in the United States; and
       (C) the protection of the international supply chain (as 
     defined in section 2 of the Security and Accountability For 
     Every Port Act of 2006 (6 U.S.C. 901));
       (5) identifying best practices to assist Federal, State, 
     and local governments and agencies, and port authorities, to 
     improve communication and coordination among such agencies 
     and authorities with respect to ensuring the safety of 
     merchandise imported into the United States and the 
     expeditious entry of such merchandise; and
       (6) otherwise identifying appropriate steps to increase the 
     accountability of United States importers and the engagement 
     of foreign government agencies with respect to ensuring the 
     safety of merchandise imported into the United States and the 
     expeditious entry of such merchandise.

     SEC. 202. JOINT IMPORT SAFETY RAPID RESPONSE PLAN.

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

     SEC. 203. TRAINING.

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

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

     SEC. 301. DEFINITION OF INTELLECTUAL PROPERTY RIGHTS.

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

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

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

     SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES.

       (a) In General.--Section 596(c)(2) of the Tariff Act of 
     1930 (19 U.S.C. 1595a(c)(2)) is amended--
       (1) in subparagraph (E), by striking ``or'';
       (2) in subparagraph (F), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(G) U.S. Customs and Border Protection determines it is a 
     technology, product, service, device, component, or part 
     thereof the importation

[[Page 9476]]

     of which is prohibited under subsection (a)(2) or (b)(1) of 
     section 1201 of title 17, United States Code.''.
       (b) Notification of Persons Injured.--
       (1) In general.--Not later than the date that is 30 
     business days after seizing merchandise pursuant to 
     subparagraph (G) of section 596(c)(2) of the Tariff Act of 
     1930, as added by subsection (a), the Commissioner shall 
     provide to any person identified under paragraph (2) 
     information regarding the merchandise seized that is 
     equivalent to information provided to copyright owners under 
     regulations of U.S. Customs and Border Protection for 
     merchandise seized for violation of the copyright laws.
       (2) Persons to be provided information.--Any person injured 
     by the violation of (a)(2) or (b)(1) of section 1201 of title 
     17, United States Code, that resulted in the seizure of the 
     merchandise shall be provided information under paragraph 
     (1), if that person is included on a list maintained by the 
     Commissioner that is revised annually through publication in 
     the Federal Register.
       (3) Regulations.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of the Treasury 
     shall prescribe regulations establishing procedures that 
     implement this subsection.

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

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

     SEC. 305. NATIONAL INTELLECTUAL PROPERTY RIGHTS COORDINATION 
                   CENTER.

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

     SEC. 306. JOINT STRATEGIC PLAN FOR THE ENFORCEMENT OF 
                   INTELLECTUAL PROPERTY RIGHTS.

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

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

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

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

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

     SEC. 309. INTERNATIONAL COOPERATION AND INFORMATION SHARING.

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

     SEC. 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT.

       Not later than June 30, 2016, and annually thereafter, the 
     Commissioner and the Director of U.S. Immigration and Customs 
     Enforcement shall jointly submit to the Committee on Finance 
     of the Senate and the Committee on Ways

[[Page 9477]]

     and Means of the House of Representatives a report that 
     contains the following:
       (1) With respect to the enforcement of intellectual 
     property rights, the following:
       (A) The number of referrals from U.S. Customs and Border 
     Protection to U.S. Immigration and Customs Enforcement 
     relating to infringement of intellectual property rights 
     during the preceding year.
       (B) The number of investigations relating to the 
     infringement of intellectual property rights referred by U.S. 
     Immigration and Customs Enforcement to a United States 
     attorney for prosecution and the United States attorneys to 
     which those investigations were referred.
       (C) The number of such investigations accepted by each such 
     United States attorney and the status or outcome of each such 
     investigation.
       (D) The number of such investigations that resulted in the 
     imposition of civil or criminal penalties.
       (E) A description of the efforts of U.S. 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 International Trade of U.S. Customs and Border Protection 
     to respond to a request from port personnel for advice with 
     respect to whether merchandise detained by U.S. Customs and 
     Border Protection infringed intellectual property rights, 
     distinguished by types of intellectual property rights 
     infringed.
       (3) A summary of the outreach efforts of U.S. Customs and 
     Border Protection and U.S. Immigration and Customs 
     Enforcement with respect to--
       (A) the interdiction and investigation of, and the sharing 
     of information between those agencies and other Federal 
     agencies to prevent the infringement of intellectual property 
     rights;
       (B) collaboration with private sector entities--
       (i) to identify trends in the infringement of, and 
     technologies that infringe, intellectual property rights;
       (ii) to identify opportunities for enhanced training of 
     officers of U.S. Customs and Border Protection and U.S. 
     Immigration and Customs Enforcement; and
       (iii) to develop best practices to enforce intellectual 
     property rights; and
       (C) coordination with foreign governments and international 
     organizations with respect to the enforcement of intellectual 
     property rights.
       (4) A summary of the efforts of U.S. Customs and Border 
     Protection and U.S. Immigration and Customs Enforcement to 
     address the challenges with respect to the enforcement of 
     intellectual property rights presented by Internet commerce 
     and the transit of small packages and an identification of 
     the volume, value, and type of merchandise seized for 
     infringing intellectual property rights as a result of such 
     efforts.
       (5) A summary of training relating to the enforcement of 
     intellectual property rights conducted under section 308 of 
     this Act and expenditures for such training.

     SEC. 311. INFORMATION FOR TRAVELERS REGARDING VIOLATIONS OF 
                   INTELLECTUAL PROPERTY RIGHTS.

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

    TITLE IV--EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Enforcing Orders and 
     Reducing Customs Evasion Act of 2015''.

     SEC. 402. 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 responsible for U.S. Customs and Border 
     Protection, acting pursuant to the delegation by the 
     Secretary of the Treasury of the authority of the Secretary 
     with respect to customs revenue functions (as defined in 
     section 415 of the Homeland Security Act of 2002 (6 U.S.C. 
     215)).
       ``(3) Covered merchandise.--The term `covered merchandise' 
     means merchandise that is subject to--
       ``(A) an antidumping duty order issued under section 736;
       ``(B) a finding issued under the Antidumping Act, 1921; or
       ``(C) a countervailing duty order issued under section 706.
       ``(4) Enter; entry.--The terms `enter' and `entry' refer to 
     the entry, or withdrawal from warehouse for consumption, of 
     merchandise in the customs territory of the United States.
       ``(5) Evasion.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `evasion' refers to entering covered merchandise 
     into the customs territory of the United States by means of 
     any document or electronically transmitted data or 
     information, written or oral statement, or act that is 
     material and false, or any omission that is material, and 
     that results in any cash deposit or other security or any 
     amount of applicable antidumping or countervailing duties 
     being reduced or not being applied with respect to the 
     merchandise.
       ``(B) Exception for clerical error.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `evasion' does not include entering covered merchandise 
     into the customs territory of the United States by means of--

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

       ``(ii) Patterns of negligent conduct.--If the Commissioner 
     determines that a person has entered covered merchandise into 
     the customs territory of the United States by means of a 
     clerical error referred to in subclause (I) or (II) of clause 
     (i) and that the clerical error is part of a pattern of 
     negligent conduct on the part of that person, the 
     Commissioner may determine, notwithstanding clause (i), that 
     the person has entered such covered merchandise into the 
     customs territory of the United States through evasion.
       ``(iii) Electronic repetition of errors.--For purposes of 
     clause (ii), the mere nonintentional repetition by an 
     electronic system of an initial clerical error does not 
     constitute a pattern of negligent conduct.
       ``(iv) Rule of construction.--A determination by the 
     Commissioner that a person has entered covered merchandise 
     into the customs territory of the United States by means of a 
     clerical error referred to in subclause (I) or (II) of clause 
     (i) rather than through evasion shall not be construed to 
     excuse that person from the payment of any duties applicable 
     to the merchandise.
       ``(6) Interested party.--
       ``(A) In general.--The term `interested party' means--
       ``(i) a manufacturer, producer, or wholesaler in the United 
     States of a domestic like product;
       ``(ii) 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;
       ``(iii) a trade or business association a majority of whose 
     members manufacture, produce, or wholesale a domestic like 
     product in the United States;
       ``(iv) an association, a majority of whose members is 
     composed of interested parties described in clause (i), (ii), 
     or (iii) with respect to a domestic like product; and
       ``(v) 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,

     but this clause shall cease to have effect if the United 
     States Trade Representative notifies the administering 
     authority and the Commission that the application of this 
     clause is inconsistent with the international obligations of 
     the United States.
       ``(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 10 business days after 
     receiving an allegation described in paragraph (2) or a 
     referral described in paragraph (3), the Commissioner shall 
     initiate an investigation if the Commissioner determines that 
     the information provided in the allegation or the referral, 
     as the case may be, reasonably suggests that covered 
     merchandise has been entered into the customs territory of 
     the United States through evasion.
       ``(2) Allegation described.--An allegation described in 
     this paragraph is an allegation that a person has entered 
     covered merchandise into the customs territory of the United 
     States through evasion that is--
       ``(A) filed with the Commissioner by 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) Consolidation of allegations and referrals.--

[[Page 9478]]

       ``(A) In general.--The Commissioner may consolidate 
     multiple allegations described in paragraph (2) and referrals 
     described in paragraph (3) into a single investigation if the 
     Commissioner determines it is appropriate to do so.
       ``(B) Effect on timing requirements.--If the Commissioner 
     consolidates multiple allegations or referrals into a single 
     investigation under subparagraph (A), the date on which the 
     Commissioner receives the first such allegation or referral 
     shall be used for purposes of the requirement under paragraph 
     (1) with respect to the timing of the initiation of the 
     investigation.
       ``(5) Information-sharing to protect health and safety.--
     If, during the course of conducting an investigation under 
     paragraph (1) with respect to covered merchandise, the 
     Commissioner has reason to suspect that such covered 
     merchandise may pose a health or safety risk to consumers, 
     the Commissioner shall provide, as appropriate, information 
     to the appropriate Federal agencies for purposes of 
     mitigating the risk.
       ``(6) 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 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) In general.--Not later than 270 calendar days after 
     the date on which the Commissioner initiates an investigation 
     under subsection (b) with respect to covered merchandise, the 
     Commissioner shall make a determination, based on substantial 
     evidence, with respect to whether such covered merchandise 
     was entered into the customs territory of the United States 
     through evasion.
       ``(2) Authority to collect and verify additional 
     information.--In making a determination under paragraph (1) 
     with respect to covered merchandise, the Commissioner may 
     collect such additional information as is necessary to make 
     the determination through such methods as the Commissioner 
     considers appropriate, including by--
       ``(A) issuing a questionnaire with respect to such covered 
     merchandise to--
       ``(i) 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.--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.
       ``(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 rules sets 
     for identifying, particularly through the Automated Targeting 
     System and the Automated Commercial Environment authorized 
     under section 13031(f) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(f)), 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.

[[Page 9479]]

       ``(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 commence a civil 
     action in the United States Court of International Trade by 
     filing concurrently a summons and complaint contesting any 
     factual findings or legal conclusions upon which the 
     determination is based.
       ``(2) Standard of review.--In a civil action under this 
     subsection, the court shall hold unlawful any determination, 
     finding, or conclusion found to be arbitrary, capricious, an 
     abuse of discretion, or otherwise not in accordance with law.
       ``(h) Rule of Construction With Respect to Other Civil and 
     Criminal Proceedings and Investigations.--No determination 
     under subsection (c) or action taken by the Commissioner 
     pursuant to this section shall be construed to limit the 
     authority to carry out, or the scope of, any other proceeding 
     or investigation pursuant to any other provision of Federal 
     or State law, including sections 592 and 596.''.
       (b) Conforming Amendment.--Section 1581(c) of title 28, 
     United States Code, is amended by inserting ``or 517'' after 
     ``516A''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.
       (d) Regulations.--Not later than the date that is 180 days 
     after the date of the enactment of this Act, the Secretary of 
     the Treasury shall prescribe such regulations as may be 
     necessary to implement the amendments made by this section.
       (e) Application to Canada and Mexico.--Pursuant to article 
     1902 of the North American Free Trade Agreement and section 
     408 of the North American Free Trade Agreement Implementation 
     Act (19 U.S.C. 3438), the amendments made by this section 
     shall apply with respect to goods from Canada and Mexico.

     SEC. 403. 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 under 
     subsection (b) of section 517 of the Tariff Act of 1930, as 
     added by section 402 of this Act, and the number of such 
     allegations resulting in investigations by U.S. Customs and 
     Border Protection or any other agency;
       (C) a summary of investigations initiated under subsection 
     (b) of such section 517, including--
       (i) the number and nature of the investigations initiated, 
     conducted, and completed; and
       (ii) the resolution of each completed investigation;
       (D) the number of investigations initiated under that 
     subsection not completed during the time provided for making 
     determinations under subsection (c) of such section 517 and 
     an explanation for why the investigations could not be 
     completed on time;
       (E) the amount of additional duties that were determined to 
     be owed as a result of such investigations, the amount of 
     such duties that were collected, and, for any such duties not 
     collected, a description of the reasons those duties were not 
     collected;
       (F) with respect to each such investigation that led to the 
     imposition of a penalty, the amount of the penalty;
       (G) an identification of the countries of origin of covered 
     merchandise determined under subsection (c) of such section 
     517 to be entered into the customs territory of the United 
     States through evasion;
       (H) the amount of antidumping and countervailing duties 
     collected as a result of any investigations or other actions 
     by U.S. Customs and Border Protection or any other agency;
       (I) 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
       (J) a description of training conducted to increase 
     expertise and effectiveness in the prevention and 
     investigation of evasion; and
       (2) a description of processes and procedures of 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 
     402 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.
       (d) Definitions.--In this section, the terms ``covered 
     merchandise'' and ``evasion'' have the meanings given those 
     terms in section 517(a) of the Tariff Act of 1930, as added 
     by section 402 of this Act.

    TITLE V--AMENDMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAWS

     SEC. 501. CONSEQUENCES OF FAILURE TO COOPERATE WITH A REQUEST 
                   FOR INFORMATION IN A PROCEEDING.

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

[[Page 9480]]

     authority may apply any of the countervailable subsidy rates 
     or dumping margins specified under that paragraph, including 
     the highest such rate or margin, based on the evaluation by 
     the administering authority of the situation that resulted in 
     the administering authority using an adverse inference in 
     selecting among the facts otherwise available.
       ``(3) No obligation to make certain estimates or address 
     certain claims.--If the administering authority uses an 
     adverse inference under subsection (b)(1)(A) in selecting 
     among the facts otherwise available, the administering 
     authority is not required, for purposes of subsection (c) or 
     for any other purpose--
       ``(A) to estimate what the countervailable subsidy rate or 
     dumping margin would have been if the interested party found 
     to have failed to cooperate under subsection (b)(1) had 
     cooperated, or
       ``(B) to demonstrate that the countervailable subsidy rate 
     or dumping margin used by the administering authority 
     reflects an alleged commercial reality of the interested 
     party.''.

     SEC. 502. DEFINITION OF MATERIAL INJURY.

       (a) Effect of Profitability of Domestic Industries.--
     Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) 
     is amended by adding at the end the following:
       ``(J) Effect of profitability.--The Commission shall not 
     determine that there is no material injury or threat of 
     material injury to an industry in the United States merely 
     because that industry is profitable or because the 
     performance of that industry has recently improved.''.
       (b) Evaluation of Impact on Domestic Industry in 
     Determination of Material Injury.--Subclause (I) of section 
     771(7)(C)(iii) of the Tariff Act of 1930 (19 U.S.C. 
     1677(7)(C)(iii)) is amended to read as follows:

       ``(I) actual and potential decline in output, sales, market 
     share, gross profits, operating profits, net profits, ability 
     to service debt, productivity, return on investments, return 
     on assets, and utilization of capacity,''.

       (c) Captive Production.--Section 771(7)(C)(iv) of the 
     Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iv)) is amended--
       (1) in subclause (I), by striking the comma and inserting 
     ``, and'';
       (2) in subclause (II), by striking ``, and'' and inserting 
     a comma; and
       (3) by striking subclause (III).

     SEC. 503. PARTICULAR MARKET SITUATION.

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

     SEC. 504. DISTORTION OF PRICES OR COSTS.

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

     SEC. 505. REDUCTION IN BURDEN ON DEPARTMENT OF COMMERCE BY 
                   REDUCING THE NUMBER OF VOLUNTARY RESPONDENTS.

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

     SEC. 506. APPLICATION TO CANADA AND MEXICO.

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

TITLE VI--ADDITIONAL TRADE ENFORCEMENT AND INTELLECTUAL PROPERTY RIGHTS 
                               PROTECTION

                     Subtitle A--Trade Enforcement

     SEC. 601. TRADE ENFORCEMENT PRIORITIES.

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

     ``SEC. 310. TRADE ENFORCEMENT PRIORITIES.

       ``(a) Trade Enforcement Priorities, Consultations, and 
     Report.--
       ``(1) Trade enforcement priorities consultations.--Not 
     later than May 31 of each calendar year that begins after the 
     date of the enactment of the Trade Facilitation and Trade 
     Enforcement Act of 2015, the United States Trade 
     Representative (in this section referred to as the `Trade 
     Representative') shall consult with the Committee on Finance 
     of the Senate and the Committee on Ways and Means of the 
     House of Representatives with respect to the prioritization 
     of acts, policies, or practices of foreign governments that 
     raise concerns with respect to obligations under the WTO 
     Agreements or any other trade agreement to which the United 
     States is a party, or otherwise create or maintain barriers 
     to United States goods, services, or investment.
       ``(2) Identification of trade enforcement priorities.--In 
     identifying acts, policies, or practices of foreign 
     governments as trade enforcement priorities under this 
     subsection, the United States Trade Representative shall 
     focus on those acts, policies, and practices the elimination 
     of which is likely to have the most significant potential to 
     increase United States economic growth, and take into account 
     all relevant factors, including--
       ``(A) the economic significance of any potential 
     inconsistency between an obligation assumed by a foreign 
     government pursuant to a trade agreement to which both the 
     foreign government and the United States are parties and the 
     acts, policies, or practices of that government;
       ``(B) the impact of the acts, policies, or practices of a 
     foreign government on maintaining and creating United States 
     jobs and productive capacity;
       ``(C) the major barriers and trade distorting practices 
     described in the most recent National Trade Estimate required 
     under section 181(b);
       ``(D) the major barriers and trade distorting practices 
     described in other relevant reports addressing international 
     trade and investment barriers prepared by a Federal agency or 
     congressional commission during the 12 months preceding the 
     date of the most recent report under paragraph (3);
       ``(E) a foreign government's compliance with its 
     obligations under any trade agreements to which both the 
     foreign government and the United States are parties;
       ``(F) the implications of a foreign government's 
     procurement plans and policies; and
       ``(G) the international competitive position and export 
     potential of United States products and services.

[[Page 9481]]

       ``(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 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 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 Representative 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 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 this section, the United States 
     International Trade Commission shall make available on a 
     website of the Commission an import monitoring tool to allow 
     the public access to data on the volume and value of goods 
     imported into 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.

[[Page 9482]]

       ``(b) Monitoring Reports.--
       ``(1) In general.--Not later than 270 days after the date 
     of the enactment of this section, and not less frequently 
     than quarterly thereafter, the Secretary of Commerce shall 
     publish on a website of the Department of Commerce, and 
     notify the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives 
     of the availability of, a monitoring report on changes in the 
     volume and value of trade with respect to imports and exports 
     of goods categorized based on the 6-digit subheading number 
     of the goods under the Harmonized Tariff Schedule of the 
     United States during the most recent quarter for which such 
     data are available and previous quarters as the Secretary 
     considers practicable.
       ``(2) Requests for comment.--Not later than one year after 
     the date of the enactment of this section, the Secretary of 
     Commerce shall solicit through the Federal Register public 
     comment on the monitoring reports described in paragraph (1).
       ``(c) Sunset.--The requirements under this section 
     terminate on the date that is 7 years after the date of the 
     enactment of this section.''.
       (b) Clerical Amendment.--The table of contents for the 
     Trade Act of 1974 (19 U.S.C. 2101 et seq.) is amended by 
     inserting after the item relating to section 204 the 
     following:

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

     SEC. 604. ESTABLISHMENT OF INTERAGENCY TRADE ENFORCEMENT 
                   CENTER.

       (a) In General.--Chapter 4 of title I of the Trade Act of 
     1974 (19 U.S.C. 2171) is amended by adding at the end the 
     following:

     ``SEC. 142. INTERAGENCY TRADE ENFORCEMENT CENTER.

       ``(a) Establishment of Center.--There is established in the 
     Office of the United States Trade Representative an 
     Interagency Trade Enforcement Center (in this section 
     referred to as the `Center').
       ``(b) Functions of Center.--
       ``(1) In general.--The Center shall--
       ``(A) serve as the primary forum within the Federal 
     Government for the Office of the United States Trade 
     Representative and other agencies to coordinate the 
     enforcement of United States trade rights under international 
     trade agreements and the enforcement of United States trade 
     remedy laws;
       ``(B) coordinate among the Office of the United States 
     Trade Representative and other agencies with responsibilities 
     relating to trade the exchange of information related to 
     potential violations of international trade agreements by 
     foreign trading partners of the United States; and
       ``(C) conduct outreach to United States workers, 
     businesses, and other interested persons to foster greater 
     participation in the identification and reduction or 
     elimination of foreign trade barriers and unfair foreign 
     trade practices.
       ``(2) Coordination of trade enforcement.--
       ``(A) In general.--The Center shall coordinate matters 
     relating to the enforcement of United States trade rights 
     under international trade agreements and the enforcement of 
     United States trade remedy laws among the Office of the 
     United States Trade Representative and the following 
     agencies:
       ``(i) The Department of State.
       ``(ii) The Department of the Treasury.
       ``(iii) The Department of Justice.
       ``(iv) The Department of Agriculture.
       ``(v) The Department of Commerce.
       ``(vi) The Department of Homeland Security.
       ``(vii) Such other agencies as the President, or the United 
     States Trade Representative, may designate.
       ``(B) Consultations on intellectual property rights.--In 
     matters relating to the enforcement of United States trade 
     rights involving intellectual property rights, the Center 
     shall consult with the Intellectual Property Enforcement 
     Coordinator appointed pursuant to section 301 of the 
     Prioritizing Resources and Organization for Intellectual 
     Property Act of 2008 (15 U.S.C. 8111).
       ``(c) Personnel.--
       ``(1) Director.--The head of the Center shall be the 
     Director, who shall--
       ``(A) be appointed by the United States Trade 
     Representative from among full-time senior-level officials of 
     the Office of the United States Trade Representative; and
       ``(B) report to the Trade Representative.
       ``(2) Deputy director.--There shall be in the Center a 
     Deputy Director, who shall--
       ``(A) be appointed by the Secretary of Commerce from among 
     full-time senior-level officials of the Department of 
     Commerce and detailed to the Center; and
       ``(B) report directly to the Director.
       ``(3) Additional employees.--The agencies specified in 
     subsection (b)(2)(A) may, in consultation with the Director, 
     detail or assign their employees to the Center without 
     reimbursement to support the functions of the Center.
       ``(d) Administration.--Funding and administrative support 
     for the Center shall be provided by the Office of the United 
     States Trade Representative.
       ``(e) Annual Report.--Not later than one year after the 
     date of the enactment of this section, and not less 
     frequently than annually thereafter, the Director 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 actions taken by the Center in the preceding 
     year with respect to the enforcement of United States trade 
     rights under international trade agreements and the 
     enforcement of United States trade remedy laws.
       ``(f) Definitions.--In this section:
       ``(1) United states trade remedy laws.--The term `United 
     States trade remedy laws' means the following:
       ``(A) Chapter 1 of title II of the Trade Act of 1974 (19 
     U.S.C. 2251 et seq.).
       ``(B) Chapter 1 of title III of that Act (19 U.S.C. 2411 et 
     seq.).
       ``(C) Sections 406 and 421 of that Act (19 U.S.C. 2436 and 
     2451).
       ``(D) Sections 332 and 337 of the Tariff Act of 1930 (19 
     U.S.C. 1332 and 1337).
       ``(E) Investigations initiated by the administering 
     authority (as defined in section 771 of that Act (19 U.S.C. 
     1677)) under title VII of that Act (19 U.S.C. 1671 et seq.).
       ``(F) Section 281 of the Uruguay Round Agreements Act (19 
     U.S.C. 3571).
       ``(2) United states trade rights.--The term `United States 
     trade rights' means any right, benefit, or advantage to which 
     the United States is entitled under an international trade 
     agreement and that could be effectuated through the use of a 
     dispute settlement proceeding.''.
       (b) Clerical Amendment.--The table of contents for the 
     Trade Act of 1974 is amended by inserting after the item 
     relating to section 141 the following:

``Sec. 142. Interagency Trade Enforcement Center.''.

     SEC. 605. ESTABLISHMENT OF CHIEF MANUFACTURING NEGOTIATOR.

       (a) Establishment of Position.--Section 141(b)(2) of the 
     Trade Act of 1974 (19 U.S.C. 2171(b)(2)) is amended to read 
     as follows:
       ``(2) There shall be in the Office 3 Deputy United States 
     Trade Representatives, one Chief Agricultural Negotiator, and 
     one Chief Manufacturing Negotiator, who shall all be 
     appointed by the President, by and with the advice and 
     consent of the Senate. As an exercise of the rulemaking power 
     of the Senate, any nomination of a Deputy United States Trade 
     Representative, the Chief Agricultural Negotiator, or the 
     Chief Manufacturing Negotiator submitted to the Senate for 
     its advice and consent, and referred to a committee, shall be 
     referred to the Committee on Finance. Each Deputy United 
     States Trade Representative, the Chief Agricultural 
     Negotiator, and the Chief Manufacturing Negotiator shall hold 
     office at the pleasure of the President and shall have the 
     rank of Ambassador.''.
       (b) Functions of Position.--Section 141(c) of the Trade Act 
     of 1974 (19 U.S.C. 2171(c)) is amended--
       (1) by moving paragraph (5) 2 ems to the left; and
       (2) by adding at the end the following:
       ``(6)(A) The principal function of the Chief Manufacturing 
     Negotiator shall be to conduct trade negotiations and to 
     enforce trade agreements relating to United States 
     manufacturing products and services. The Chief Manufacturing 
     Negotiator shall be a vigorous advocate on behalf of United 
     States manufacturing interests and shall perform such other 
     functions as the United States Trade Representative may 
     direct.
       ``(B) Not later than one year after the date of the 
     enactment of the Trade Facilitation and Trade Enforcement Act 
     of 2015, and annually thereafter, the Chief Manufacturing 
     Negotiator 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 actions taken by the Chief 
     Manufacturing Negotiator in the preceding year.''.
       (c) 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 Manufacturing Negotiator, Office of the United 
     States Trade Representative.''.
       (d) Technical Amendments.--Section 141(e) of the Trade Act 
     of 1974 (19 U.S.C. 2171(e)) is amended--
       (1) in paragraph (1), by striking ``5314'' and inserting 
     ``5315''; and
       (2) in paragraph (2), by striking ``the maximum rate of pay 
     for grade GS-18, as provided in section 5332'' and inserting 
     ``the maximum rate of pay for level IV of the Executive 
     Schedule in section 5315''.

     SEC. 606. ENFORCEMENT UNDER TITLE III OF THE TRADE ACT OF 
                   1974 WITH RESPECT TO CERTAIN ACTS, POLICIES, 
                   AND PRACTICES RELATING TO THE ENVIRONMENT.

       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 the foreign country under which that 
     government--
       ``(I) fails to effectively enforce the environmental laws 
     of the foreign country,
       ``(II) waives or otherwise derogates from the environmental 
     laws of the foreign country or weakens the protections 
     afforded by such laws,
       ``(III) fails to provide for judicial or administrative 
     proceedings giving access to remedies for violations of the 
     environmental laws of the foreign country,
       ``(IV) fails to provide appropriate and effective sanctions 
     or remedies for violations of the environmental laws of the 
     foreign country, or
       ``(V) fails to effectively enforce environmental 
     commitments under agreements to which the foreign country and 
     the United States are a party.''.

     SEC. 607. TRADE ENFORCEMENT TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a trust fund

[[Page 9483]]

     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, an amount equal to 
     $15,000,000 (or a lesser amount as required pursuant to 
     paragraph (2)) of the antidumping duties and countervailing 
     duties received in the Treasury for such fiscal year.
       (2) Limitation.--The total amount in the Trust Fund at any 
     time may not exceed $30,000,000.
       (3) Frequency of transfers; adjustments.--
       (A) 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 on the basis 
     of estimates made by the Secretary.
       (B) Adjustments.--The Secretary shall make proper 
     adjustments in amounts subsequently transferred to the Trust 
     Fund to the extent prior estimates were in excess of or less 
     than the amounts required to be transferred to the Trust 
     Fund.
       (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 Trust Fund shall be credited to and form a part of the 
     Trust Fund.
       (d) Availability of Amounts From Trust Fund.--
       (1) Enforcement.--The United States Trade Representative 
     may use the amounts in the Trust fund to carry out 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 the 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).
       (2) Implementation assistance and capacity building.--The 
     United States Trade Representative, the Secretary of State, 
     the Administrator of the United States Agency for 
     International Development, the Secretary of Labor, and such 
     heads of other Federal agencies as the President considers 
     appropriate may use the amounts in the Trust Fund to carry 
     out any of the following:
       (A) To ensure capacity-building efforts undertaken by the 
     United States pursuant to any free trade agreement to which 
     the United States is a party prioritize and give special 
     attention to the timely, consistent, and robust 
     implementation of the intellectual property, labor, and 
     environmental commitments and obligations of any party to 
     that free trade agreement.
       (B) To ensure capacity-building efforts undertaken by the 
     United States pursuant to any such free trade agreement are 
     self-sustaining and promote local ownership.
       (C) To ensure capacity-building efforts undertaken by the 
     United States pursuant to any such free trade agreement 
     include performance indicators against which the progress and 
     obstacles for the implementation of commitments and 
     obligations described in subparagraph (A) can be identified 
     and assessed within a meaningful time frame.
       (D) To monitor and evaluate the capacity-building efforts 
     of the United States under subparagraphs (A), (B), and (C).
       (3) Limitation.--Amounts made available in the Trust Fund 
     may not be used for negotiations for any free trade agreement 
     to be entered into on or after the date of the enactment of 
     this Act.
       (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, the Secretary of State, the Administrator of 
     the United States Agency for International Development, the 
     Secretary of Labor, and any other head of a Federal agency 
     who has used amounts in the Trust Fund in connection with 
     that agreement, shall each submit to Congress a report on the 
     actions taken by that official 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) Antidumping duty.--The term ``antidumping duty'' means 
     an antidumping duty imposed under section 731 of the Tariff 
     Act of 1930 (19 U.S.C. 1673).
       (2) Countervailing duty.--The term ``countervailing duty'' 
     means a countervailing duty imposed under section 701 of the 
     Tariff Act of 1930 (19 U.S.C. 1671).
       (3) WTO.--The term ``WTO'' means the World Trade 
     Organization.
       (4) 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)).
       (5) WTO agreements.--The term ``WTO Agreements'' means the 
     WTO Agreement and agreements annexed to that Agreement.

     SEC. 608. HONEY TRANSSHIPMENT.

       (a) In General.--The Commissioner shall direct appropriate 
     personnel and 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 responsible for 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. 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--
       (1) made on or before September 30, 2007; and
       (2) that 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 distributed as 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 
     entered as a result of a civil action filed by the Federal 
     Government against the surety from which the payment was 
     obtained for the purpose of collecting duties or interest 
     owed with respect to an entry; or
       (B) a settlement for any such bond if the settlement was 
     executed after the Federal Government filed a civil action 
     described in subparagraph (A).

[[Page 9484]]

       (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 or 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. 610. 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).

          Subtitle B--Intellectual Property Rights Protection

     SEC. 611. 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), as amended by section 605(a) of 
     this Act--
       (A) by striking ``and one Chief Manufacturing Negotiator'' 
     and inserting ``one Chief Manufacturing Negotiator, and one 
     Chief Innovation and Intellectual Property Negotiator'';
       (B) by striking ``or the Chief Manufacturing Negotiator'' 
     and inserting ``the Chief Manufacturing Negotiator, or the 
     Chief Innovation and Intellectual Property Negotiator''; and
       (C) by striking ``and the Chief Manufacturing Negotiator'' 
     and inserting ``the Chief Manufacturing Negotiator, and the 
     Chief Innovation and Intellectual Property Negotiator''; and
       (2) in subsection (c), as amended by section 605(b) of this 
     Act, by adding at the end the following:
       ``(7) 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, as amended by section 605(c) of this Act, is further 
     amended by inserting after ``Chief Manufacturing Negotiator, 
     Office of the United States Trade Representative.'' the 
     following:
       ``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 year 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. 612. 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 pursuant to 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 1 year.
       ``(C) Action plan described.--An action plan developed 
     pursuant to 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, 1 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.
       ``(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 
     transmit 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) 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) Authorization of appropriations.--
       (A) In general.--There are authorized to be appropriated to 
     the Office of the United States Trade Representative such 
     sums as may be necessary 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 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.

                    TITLE VII--CURRENCY MANIPULATION

          Subtitle A--Investigation of Currency Undervaluation

     SEC. 701. SHORT TITLE.

       This subtitle may be cited as the ``Currency Undervaluation 
     Investigation Act''.

     SEC. 702. INVESTIGATION OR REVIEW OF CURRENCY UNDERVALUATION 
                   UNDER COUNTERVAILING DUTY LAW.

       Subsection (c) of section 702 of the Tariff Act of 1930 (19 
     U.S.C. 1671a(c)) is amended by adding at the end the 
     following:
       ``(6) Currency undervaluation.--For purposes of a 
     countervailing duty investigation under this subtitle in 
     which the determinations under clauses (i) and (ii) of 
     paragraph (1)(A) are affirmative, or a review under subtitle 
     C with respect to a countervailing duty order, the 
     administering authority shall initiate an investigation to 
     determine whether currency undervaluation by the government 
     of a country or

[[Page 9485]]

     any public entity within the territory of a country is 
     providing, directly or indirectly, a countervailable subsidy, 
     if--
       ``(A) a petition filed by an interested party (described in 
     subparagraph (C), (D), (E), (F), or (G) of section 771(9)) 
     alleges the elements necessary for the imposition of the duty 
     imposed by section 701(a); and
       ``(B) the petition is accompanied by information reasonably 
     available to the petitioner supporting those allegations.''.

     SEC. 703. BENEFIT CALCULATION METHODOLOGY WITH RESPECT TO 
                   CURRENCY UNDERVALUATION.

       Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is 
     amended by adding at the end the following:
       ``(37) Currency undervaluation benefit.--
       ``(A) Currency undervaluation benefit.--For purposes of a 
     countervailing duty investigation under subtitle A, or a 
     review under subtitle C with respect to a countervailing duty 
     order, the following shall apply:
       ``(i) In general.--If the administering authority 
     determines to investigate whether currency undervaluation 
     provides a countervailable subsidy, the administering 
     authority shall determine whether there is a benefit to the 
     recipient of that subsidy and measure such benefit by 
     comparing the simple average of the real exchange rates 
     derived from application of the macroeconomic-balance 
     approach and the equilibrium-real-exchange-rate approach to 
     the official daily exchange rate identified by the 
     administering authority.
       ``(ii) Reliance on data.--In making the determination under 
     clause (i), the administering authority shall rely upon data 
     that are publicly available, reliable, and compiled and 
     maintained by the International Monetary Fund or the World 
     Bank, or other international organizations or national 
     governments if data from the International Monetary Fund or 
     World Bank are not available.
       ``(B) Definitions.--In this paragraph:
       ``(i) Macroeconomic-balance approach.--The term 
     `macroeconomic-balance approach' means a methodology under 
     which the level of undervaluation of the real effective 
     exchange rate of the currency of the exporting country is 
     defined as the change in the real effective exchange rate 
     needed to achieve equilibrium in the balance of payments of 
     the exporting country, as such methodology is described in 
     the guidelines of the International Monetary Fund's 
     Consultative Group on Exchange Rate Issues, if available.
       ``(ii) Equilibrium-real-exchange-rate approach.--The term 
     `equilibrium-real-exchange-rate approach' means a methodology 
     under which the level of undervaluation of the real effective 
     exchange rate of the currency of the exporting country is 
     defined as the difference between the observed real effective 
     exchange rate and the real effective exchange rate, as such 
     methodology is described in the guidelines of the 
     International Monetary Fund's Consultative Group on Exchange 
     Rate Issues, if available.
       ``(iii) Real exchange rates.--The term `real exchange 
     rates' means the bilateral exchange rates derived from 
     converting the trade-weighted multilateral exchange rates 
     yielded by the macroeconomic-balance approach and the 
     equilibrium-real-exchange-rate approach into real bilateral 
     terms.''.

     SEC. 704. MODIFICATION OF DEFINITION OF SPECIFICITY WITH 
                   RESPECT TO EXPORT SUBSIDY.

       Section 771(5A)(B) of the Tariff Act of 1930 (19 U.S.C. 
     1677(5A)(B)) is amended by adding at the end the following 
     new sentence: ``The fact that a subsidy may also be provided 
     in circumstances that do not involve export shall not, for 
     that reason alone, mean that the subsidy cannot be considered 
     contingent upon export performance.''.

     SEC. 705. APPLICATION TO CANADA AND MEXICO.

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

     SEC. 706. EFFECTIVE DATE.

       The amendments made by this subtitle apply to 
     countervailing duty investigations initiated under subtitle A 
     of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et 
     seq.) and reviews initiated under subtitle C of title VII of 
     such Act (19 U.S.C. 1675 et seq.)--
       (1) before the date of the enactment of this Act, if the 
     investigation or review is pending a final determination as 
     of such date of enactment; and
       (2) on or after such date of enactment.

 Subtitle B--Engagement on Currency Exchange Rate and Economic Policies

     SEC. 711. 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--

       (I) that is a major trading partner of the United States;
       (II) the currency of which is persistently and 
     substantially undervalued;
       (III) that has--

       (aa) a significant bilateral trade surplus with the United 
     States; and
       (bb) a material global current account surplus; and

       (IV) that has 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.
       (b) Engagement on Exchange Rate and Economic Policies.--
       (1) In general.--Except as provided in paragraph (2), 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--
       (A) urge implementation of policies to address the causes 
     of the undervaluation of its currency, its bilateral trade 
     surplus with the United States, and its material global 
     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) develop measurable objectives for addressing that 
     undervaluation and those surpluses; and
       (D) advise that country of the ability of the President to 
     take action under subsection (c).
       (2) Exception.--The Secretary may determine not to enhance 
     bilateral engagement with a country under paragraph (1) for 
     which an enhanced analysis of macroeconomic and exchange rate 
     policies is included in the report submitted under subsection 
     (a) if the Secretary submits to the appropriate committees of 
     Congress a report that describes how the currency and other 
     macroeconomic policies of that country are addressing the 
     undervaluation and surpluses specified in paragraph (1)(A) 
     with respect to that country, including undervaluation and 
     surpluses relating to exchange rate management.
       (c) Remedial Action.--
       (1) In general.--If, on the date that is one year after the 
     commencement of enhanced bilateral engagement by the 
     President with respect to a country under subsection (b)(1), 
     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 may take one or more of the following actions:
       (A) Prohibit the Overseas Private Investment Corporation 
     from approving any new financing (including any insurance, 
     reinsurance, or guarantee) with respect to a project located 
     in that country on and after such date.
       (B) Except as provided in paragraph (2), and pursuant to 
     paragraph (3), prohibit the Federal Government from 
     procuring, or entering into any contract for the procurement 
     of, goods or services from that country on and after such 
     date.
       (C) Instruct the United States Executive Director of the 
     International Monetary Fund to use the voice and vote of the 
     United States 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) Exception.--The President may not apply a prohibition 
     under paragraph (1)(B) with respect to a country that is a 
     party to the Agreement on Government Procurement or a free 
     trade agreement to which the United States is a party.

[[Page 9486]]

       (3) 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) Agreement on government procurement.--The term 
     ``Agreement on Government Procurement'' means the agreement 
     referred to in section 101(d)(17) of the Uruguay Round 
     Agreements Act (19 U.S.C. 3511(d)(17)).
       (2) 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.
       (3) 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.
       (4) Real effective exchange rate.--The term ``real 
     effective exchange rate'' means a weighted average of 
     bilateral exchange rates, expressed in price-adjusted terms.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.

     SEC. 712. ADVISORY COMMITTEE ON INTERNATIONAL EXCHANGE RATE 
                   POLICY.

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

TITLE VIII--PROCESS FOR CONSIDERATION OF TEMPORARY DUTY SUSPENSIONS AND 
                               REDUCTIONS

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``American Manufacturing 
     Competitiveness Act of 2015''.

     SEC. 802. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS 
                   TARIFF BILL.

       (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 is in the interests of the United States to update 
     the Harmonized Tariff Schedule every 3 years to eliminate 
     such artificial distortions by suspending or reducing duties 
     on such goods.
       (4) The manufacturing competitiveness of the United States 
     around the world will be enhanced if Congress regularly and 
     predictably updates the Harmonized Tariff Schedule 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 
     manufactures and consumers resulting from an outdated 
     Harmonized Tariff Schedule and to promote the competitiveness 
     of United States manufacturers, Congress should consider a 
     miscellaneous tariff bill not later than 180 days after the 
     United States International Trade Commission and the 
     Department of Commerce issue reports on proposed duty 
     suspensions and reductions under this title.

     SEC. 803. PROCESS FOR CONSIDERATION OF DUTY SUSPENSIONS AND 
                   REDUCTIONS.

       (a) Purpose.--It is the purpose of this section to 
     establish a process by the appropriate congressional 
     committees, in conjunction with the Commission pursuant to 
     its authorities under section 332 of the Tariff Act of 1930 
     (19 U.S.C. 1332), for the submission and consideration of 
     proposed duty suspensions and reductions.
       (b) Establishment.--Not later than October 15, 2015, and 
     October 15, 2018, the appropriate congressional committees 
     shall establish and, on the same day, publish on their 
     respective publicly available Internet websites a process--
       (1) to provide for the submission and consideration of 
     legislation containing proposed duty suspensions and 
     reductions in a manner that, to the maximum extent 
     practicable, is consistent with the requirements described in 
     subsection (c); and
       (2) to include in a miscellaneous tariff bill those duty 
     suspensions and reductions that meet the requirements of this 
     title.
       (c) Requirements of Commission.--
       (1) Initiation.--Not later than October 15, 2015, and 
     October 15, 2018, the Commission shall publish in the Federal 
     Register and on a publicly available Internet website of the 
     Commission a notice requesting members of the public to 
     submit to the Commission during the 60-day period beginning 
     on the date of such publication--
       (A) proposed duty suspensions and reductions; and
       (B) Commission disclosure forms with respect to such duty 
     suspensions and reductions.
       (2) Review.--
       (A) Commission submission to congress.--As soon as 
     practicable after the expiration of the 60-day period 
     specified in paragraph (1), but not later than 15 days after 
     the expiration of such 60-day period, the Commission shall 
     submit to the appropriate congressional committees the 
     proposed duty suspensions and reductions submitted under 
     paragraph (1)(A) and the Commission disclosure forms with 
     respect to such duty suspensions and reductions submitted 
     under paragraph (1)(B).
       (B) Public availability of proposed duty suspensions and 
     reductions.--Not later than 15 days after the expiration of 
     the 60-day period specified in paragraph (1), the Commission 
     shall publish on a publicly available Internet website of the 
     Commission the proposed duty suspensions and reductions 
     submitted under paragraph (1)(A) and the Commission 
     disclosure forms with respect to such duty suspensions and 
     reductions submitted under paragraph (1)(B).
       (C) Commission reports to congress.--Not later than the end 
     of the 90-day period beginning on the date of publication of 
     the proposed duty suspensions and reductions under 
     subparagraph (B), the Commission shall submit to the 
     appropriate congressional committees a report on each 
     proposed duty suspension or reduction submitted pursuant to 
     subsection (b)(1) or paragraph (1)(A) that contains the 
     following information:
       (i) A determination of whether or not domestic production 
     of the article that is the subject of the proposed duty 
     suspension or reduction exists and, if such production 
     exists, whether or not a

[[Page 9487]]

     domestic producer of the article objects to the proposed duty 
     suspension or reduction.
       (ii) Any technical changes to the article description that 
     are necessary for purposes of administration when articles 
     are presented for importation.
       (iii) The amount of tariff revenue that would no longer be 
     collected if the proposed duty suspension or reduction takes 
     effect.
       (iv) A determination of whether or not the proposed duty 
     suspension or reduction is available to any person that 
     imports the article that is the subject of the proposed duty 
     suspension or reduction.
       (3) Procedures.--The Commission shall prescribe and publish 
     on a publicly available Internet website of the Commission 
     procedures for complying with the requirements of this 
     subsection.
       (4) Authorities described.--The Commission shall carry out 
     this subsection pursuant to its authorities under section 332 
     of the Tariff Act of 1930 (19 U.S.C. 1332).
       (d) Department of Commerce Report.--Not later than the end 
     of the 90-day period beginning on the date of publication of 
     the proposed duty suspensions and reductions under subsection 
     (c)(2)(B), the Secretary of Commerce, in consultation with 
     U.S. Customs and Border Protection and other relevant Federal 
     agencies, shall submit to the appropriate congressional 
     committees a report on each proposed duty suspension and 
     reduction submitted pursuant to subsection (b)(1) or 
     (c)(1)(A) that includes the following information:
       (1) A determination of whether or not domestic production 
     of the article that is the subject of the proposed duty 
     suspension or reduction exists and, if such production 
     exists, whether or not a domestic producer of the article 
     objects to the proposed duty suspension or reduction.
       (2) Any technical changes to the article description that 
     are necessary for purposes of administration when articles 
     are presented for importation.
       (e) Rule of Construction.--A proposed duty suspension or 
     reduction submitted under this section by a Member of 
     Congress shall receive treatment no more favorable than the 
     treatment received by a proposed duty suspension or reduction 
     submitted under this section by a member of the public.

     SEC. 804. REPORT ON EFFECTS OF DUTY SUSPENSIONS AND 
                   REDUCTIONS ON UNITED STATES ECONOMY.

       (a) In General.--Not later than May 1, 2018, and May 1, 
     2020, the Commission shall submit to the appropriate 
     congressional committees a report on the effects on the 
     United States economy of temporary duty suspensions and 
     reductions enacted pursuant to this title, including a broad 
     assessment of the economic effects of such duty suspensions 
     and reductions on producers, purchasers, and consumers in the 
     United States, using case studies describing such effects on 
     selected industries or by type of article as available data 
     permit.
       (b) Recommendations.--The Commission shall also solicit and 
     append to the report required under subsection (a) 
     recommendations with respect to those domestic industry 
     sectors or specific domestic industries that might benefit 
     from permanent duty suspensions and reductions or elimination 
     of duties, either through a unilateral action of the United 
     States or though negotiations for reciprocal tariff 
     agreements, with a particular focus on inequities created by 
     tariff inversions.
       (c) Form of Report.--Each report required by this section 
     shall be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 805. JUDICIAL REVIEW PRECLUDED.

       The exercise of functions under this title shall not be 
     subject to judicial review.

     SEC. 806. DEFINITIONS.

       In this title:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on Ways and Means of the House of Representatives and the 
     Committee on Finance of the Senate.
       (2) Commission.--The term ``Commission'' means the United 
     States International Trade Commission.
       (3) Commission disclosure form.--The term ``Commission 
     disclosure form'' means, with respect to a proposed duty 
     suspension or reduction, a document submitted by a member of 
     the public to the Commission that contains the following:
       (A) The contact information for any known importers of the 
     article to which the proposed duty suspension or reduction 
     would apply.
       (B) A certification by the member of the public that the 
     proposed duty suspension or reduction is available to any 
     person importing the article to which the proposed duty 
     suspension or reduction would apply.
       (4) Domestic producer.--The term ``domestic producer'' 
     means a person that demonstrates production, or imminent 
     production, in the United States of an article that is 
     identical to, or like or directly competitive with, an 
     article to which a proposed duty suspension or reduction 
     would apply.
       (5) Duty suspension or reduction.--
       (A) In general.--The term ``duty suspension or reduction'' 
     means an amendment to subchapter II of chapter 99 of the 
     Harmonized Tariff Schedule of the United States that--
       (i)(I) extends an existing temporary duty suspension or 
     reduction of duty on an article under that subchapter; or
       (II) provides for a new temporary duty suspension or 
     reduction of duty on an article under that subchapter; and
       (ii) otherwise meets the requirements described in 
     subparagraph (B).
       (B) Requirements.--A duty suspension or reduction meets the 
     requirements described in this subparagraph if--
       (i) the duty suspension or reduction can be administered by 
     U.S. Customs and Border Protection;
       (ii) the estimated loss in revenue to the United States 
     from the duty suspension or reduction does not exceed 
     $500,000 in a calendar year during which the duty suspension 
     or reduction would be in effect, as determined by the 
     Congressional Budget Office; and
       (iii) the duty suspension or reduction is available to any 
     person importing the article that is the subject of the duty 
     suspension or reduction.
       (6) Member of congress.--The term ``Member of Congress'' 
     means a Senator or a Representative in, or Delegate or 
     Resident Commissioner to, Congress.
       (7) Miscellaneous tariff bill.--The term ``miscellaneous 
     tariff bill'' means a bill of either House of Congress that 
     contains only--
       (A) duty suspensions and reductions that--
       (i) meet the applicable requirements for--

       (I) consideration of duty suspensions and reductions 
     described in section 803; or
       (II) any other process required under the Rules of the 
     House of Representatives or the Senate; and

       (ii) are not the subject of an objection because such duty 
     suspensions and reductions do not comply with the 
     requirements of this title from--

       (I) a Member of Congress; or
       (II) a domestic producer, as contained in comments 
     submitted to the appropriate congressional committees, the 
     Commission, or the Department of Commerce under section 803; 
     and

       (B) provisions included in bills introduced in the House of 
     Representatives or the Senate pursuant to a process described 
     in subparagraph (A)(i)(II) that correct an error in the text 
     or administration of a provision of the Harmonized Tariff 
     Schedule of the United States.

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

     SEC. 903. PENALTIES FOR CUSTOMS BROKERS.

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

     SEC. 904. AMENDMENTS TO CHAPTER 98 OF THE HARMONIZED TARIFF 
                   SCHEDULE OF THE UNITED STATES.

       (a) Articles Exported and Returned, Advanced or Improved 
     Abroad.--
       (1) In general.--U.S. Note 3 to subchapter II of chapter 98 
     of the Harmonized Tariff Schedule

[[Page 9488]]

     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 
     responsible for U.S. Customs and Border Protection designates 
     as instruments of international traffic.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on the date of the enactment of this Act and 
     apply with respect to residue of bulk cargo contained in 
     instruments of international traffic that are imported into 
     the customs territory of the United States on or after such 
     date of enactment and that previously have been exported from 
     the United States.

     SEC. 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 inserting ``or articles classifiable under the same 
     8-digit HTS subheading number as such articles,'' after ``any 
     such articles,'';
       (6) 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
       (7) by adding at the end the following:
       ``(2) Requirements relating to transfer of merchandise.--
       ``(A) Manufacturers and producers.--Drawback shall be 
     allowed under paragraph (1) with respect to an article 
     manufactured or produced using imported merchandise or other 
     merchandise classifiable under the same 8-digit HTS 
     subheading number as such imported merchandise only if the 
     manufacturer or producer of the article received such 
     imported merchandise or such other merchandise, directly or 
     indirectly, from the importer.
       ``(B) Exporters and destroyers.--Drawback shall be allowed 
     under paragraph (1) with respect to a manufactured or 
     produced article that is exported or destroyed only if the 
     exporter or destroyer received that article or an article 
     classifiable under the same 8-digit HTS subheading number as 
     that article, directly or indirectly, from the manufacturer 
     or producer.
       ``(C) Evidence of transfer.--Transfers of merchandise under 
     subparagraph (A) and transfers of articles under subparagraph 
     (B) may be evidenced by business records kept in the normal 
     course of business and no additional certificates of transfer 
     or manufacture shall be required.
       ``(3) Submission of bill of materials or formula.--
       ``(A) In general.--Drawback shall be allowed under 
     paragraph (1) with respect to an article manufactured or 
     produced using imported merchandise or other merchandise 
     classifiable under the same 8-digit HTS subheading number as 
     such imported merchandise only if the person making the 
     drawback claim submits with the claim a bill of materials or 
     formula identifying the merchandise and article by the 8-
     digit HTS subheading number and the quantity of the 
     merchandise.
       ``(B) Bill of materials and formula defined.--In this 
     paragraph, the terms `bill of materials' and `formula' mean 
     records kept in the normal course of business that identify 
     each component incorporated into a manufactured or produced 
     article or that identify the quantity of each element, 
     material, chemical, mixture, or other substance incorporated 
     into a manufactured article.
       ``(4) Special rule for sought chemical elements.--
       ``(A) In general.--For purposes of paragraph (1), a sought 
     chemical element may be--
       ``(i) considered imported merchandise, or merchandise 
     classifiable under the same 8-digit HTS subheading number as 
     such imported merchandise, used in the manufacture or 
     production of an article as described in paragraph (1); and
       ``(ii) substituted for source material containing that 
     sought chemical element, without regard to whether the sought 
     chemical element and the source material are classifiable 
     under the same 8-digit HTS subheading number, and apportioned 
     quantitatively, as appropriate.
       ``(B) Sought chemical element defined.--In this paragraph, 
     the term `sought chemical element' means an element listed in 
     the Periodic Table of Elements that is imported into the 
     United States or a chemical compound consisting of those 
     elements, either separately in elemental form or contained in 
     source material.''.
       (c) Merchandise Not Conforming to Sample or 
     Specifications.--Section 313(c) of the Tariff Act of 1930 (19 
     U.S.C. 1313(c)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (C)(ii), by striking ``under a 
     certificate of delivery'' each place it appears;
       (B) in subparagraph (D)--
       (i) by striking ``3'' and inserting ``5''; and
       (ii) by striking ``the Customs Service'' and inserting 
     ``U.S. Customs and Border Protection''; and

[[Page 9489]]

       (C) in the flush text at the end, by striking ``the full 
     amount of the duties paid upon such merchandise, less 1 
     percent,'' and inserting ``an amount calculated pursuant to 
     regulations prescribed by the Secretary of the Treasury under 
     subsection (l)'';
       (2) in paragraph (2), by striking ``the Customs Service'' 
     and inserting ``U.S. Customs and Border Protection''; and
       (3) by amending paragraph (3) to read as follows:
       ``(3) Evidence of transfers.--Transfers of merchandise 
     under paragraph (1) may be evidenced by business records kept 
     in the normal course of business and no additional 
     certificates of transfer shall be required.''.
       (d) Proof of Exportation.--Section 313(i) of the Tariff Act 
     of 1930 (19 U.S.C. 1313(i)) is amended to read as follows:
       ``(i) Proof of Exportation.--A person claiming drawback 
     under this section based on the exportation of an article 
     shall provide proof of the exportation of the article. Such 
     proof of exportation--
       ``(1) shall establish fully the date and fact of 
     exportation and the identity of the exporter; and
       ``(2) may be established through the use of records kept in 
     the normal course of business or through an electronic export 
     system of the United States Government, as determined by the 
     Commissioner responsible for U.S. Customs and Border 
     Protection.''.
       (e) Unused Merchandise Drawback.--Section 313(j) of the 
     Tariff Act of 1930 (19 U.S.C. 1313(j)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), in the matter preceding clause 
     (i)--
       (i) by striking ``3-year'' and inserting ``5-year''; and
       (ii) by inserting ``and before the drawback claim is 
     filed'' after ``the date of importation''; and
       (B) in the flush text at the end, by striking ``99 percent 
     of the amount of each duty, tax, or fee so paid'' and 
     inserting ``an amount calculated pursuant to regulations 
     prescribed by the Secretary of the Treasury under subsection 
     (l)'';
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``paragraph (4)'' and inserting ``paragraphs (4), (5), and 
     (6)'';
       (B) in subparagraph (A), by striking ``commercially 
     interchangeable with'' and inserting ``classifiable under the 
     same 8-digit HTS subheading number as'';
       (C) in subparagraph (B)--
       (i) by striking ``3-year'' and inserting ``5-year''; and
       (ii) by inserting ``and before the drawback claim is 
     filed'' after ``the imported merchandise'';
       (D) in subparagraph (C)(ii), by striking subclause (II) and 
     inserting the following:

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

       (E) in the flush text at the end--
       (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 (or, if later, the effective 
     date provided for in section 906(q)(2)(B) of that Act), the 
     Secretary shall prescribe regulations for determining the 
     calculation of amounts refunded as drawback under this 
     section.
       ``(B) Requirements.--The regulations required by 
     subparagraph (A) for determining the calculation of amounts 
     refunded as drawback under this section shall provide for a 
     refund of 99 percent of the duties, taxes, and fees paid with 
     respect to the imported merchandise, except that where there 
     is substitution of the merchandise or article, then--
       ``(i) in the case of an article that is exported, the 
     amount of the refund shall be equal to 99 percent of the 
     lesser of--

       ``(I) the amount of duties, taxes, and fees paid with 
     respect to the imported merchandise; or
       ``(II) the amount of duties, taxes, and fees that would 
     apply to the exported article if the exported article were 
     imported; and

       ``(ii) in the case of an article that is destroyed, the 
     amount of the refund shall be an amount that is--

       ``(I) equal to 99 percent of the lesser of--

       ``(aa) the amount of duties, taxes, and fees paid with 
     respect to the imported merchandise; and
       ``(bb) the amount of duties, taxes, and fees that would 
     apply to the destroyed article if the destroyed article were 
     imported; and

       ``(II) reduced by the value of materials recovered during 
     destruction as provided in subsection (x).

       ``(3) Status reports on regulations.--Not later than the 
     date that is one year after the date of the enactment of the 
     Trade Facilitation and Trade Enforcement Act of 2015, and 
     annually thereafter until the regulations required by 
     paragraph (2) are final, the Secretary shall submit to 
     Congress a report on the status of those regulations.''.
       (h) Substitution of Finished Petroleum Derivatives.--
     Section 313(p) of the Tariff Act of 1930 (19 U.S.C. 1313(p)) 
     is amended--
       (1) by striking ``Harmonized Tariff Schedule of the United 
     States'' each place it appears and inserting ``HTS''; and
       (2) in paragraph (3)(A)--
       (A) in clause (ii)(III), by striking ``, as so certified in 
     a certificate of delivery or certificate of manufacture and 
     delivery''; and
       (B) in the flush text at the end--
       (i) by striking ``, as so designated on the certificate of 
     delivery or certificate of manufacture and delivery''; and
       (ii) by striking the last sentence and inserting the 
     following: ``The party transferring the merchandise shall 
     maintain records kept in the normal course of business to 
     demonstrate the transfer.''.
       (i) Packaging Material.--Section 313(q) of the Tariff Act 
     of 1930 (19 U.S.C. 1313(q)) is amended--
       (1) in paragraph (1), by striking ``of 99 percent of any 
     duty, tax, or fee imposed under Federal law on such imported 
     material'' and inserting ``in an amount calculated pursuant 
     to regulations prescribed by the Secretary of the Treasury 
     under subsection (l)'';
       (2) in paragraph (2), by striking ``of 99 percent of any 
     duty, tax, or fee imposed under Federal law on the imported 
     or substituted merchandise used to manufacture or produce 
     such material'' and inserting ``in an amount calculated 
     pursuant to regulations prescribed by the Secretary of the 
     Treasury under subsection (l)''; and
       (3) in paragraph (3), by striking ``they contain'' and 
     inserting ``it contains''.
       (j) Filing of Drawback Claims.--Section 313(r) of the 
     Tariff Act of 1930 (19 U.S.C. 1313(r)) is amended--
       (1) in paragraph (1)--

[[Page 9490]]

       (A) by striking the first sentence and inserting the 
     following: ``A drawback entry shall be filed or applied for, 
     as applicable, not later than 5 years after the date on which 
     merchandise on which drawback is claimed was imported.'';
       (B) in the second sentence, by striking ``3-year'' and 
     inserting ``5-year''; and
       (C) in the third sentence, by striking ``the Customs 
     Service'' and inserting ``U.S. Customs and Border 
     Protection'';
       (2) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking ``The 
     Customs Service'' and inserting ``U.S. Customs and Border 
     Protection'';
       (ii) in clauses (i) and (ii), by striking ``the Customs 
     Service'' each place it appears and inserting ``U.S. Customs 
     and Border Protection''; and
       (iii) in clause (ii)(I), by striking ``3-year'' and 
     inserting ``5-year''; and
       (B) in subparagraph (B), by striking ``the periods of time 
     for retaining records set forth in subsection (t) of this 
     section and'' and inserting ``the period of time for 
     retaining records set forth in''; and
       (3) by adding at the end the following:
       ``(4) All drawback claims filed on and after the date that 
     is 2 years after the date of the enactment of the Trade 
     Facilitation and Trade Enforcement Act of 2015 (or, if later, 
     the effective date provided for in section 906(q)(2)(B) of 
     that Act) shall be filed electronically.''.
       (k) Designation of Merchandise by Successor.--Section 
     313(s) of the Tariff Act of 1930 (19 U.S.C. 1313(s)) is 
     amended--
       (1) in paragraph (2), by striking subparagraph (B) and 
     inserting the following:
       ``(B) subject to paragraphs (5) and (6) of subsection (j), 
     imported merchandise, other merchandise classifiable under 
     the same 8-digit HTS subheading number as such imported 
     merchandise, or any combination of such imported merchandise 
     and such other merchandise, that the predecessor received, 
     before the date of succession, from the person who imported 
     and paid any duties, taxes, and fees due on the imported 
     merchandise;''; and
       (2) in paragraph (4), by striking ``certifies that'' and 
     all that follows and inserting ``certifies that the 
     transferred merchandise was not and will not be claimed by 
     the predecessor.''.
       (l) Drawback Certificates.--Section 313 of the Tariff Act 
     of 1930 (19 U.S.C. 1313) is amended by striking subsection 
     (t).
       (m) Drawback for Recovered Materials.--Section 313(x) of 
     the Tariff Act of 1930 (19 U.S.C. 1313(x)) is amended by 
     striking ``and (c)'' and inserting ``(c), and (j)''.
       (n) Definitions.--Section 313 of the Tariff Act of 1930 (19 
     U.S.C. 1313) is amended by adding at the end the following:
       ``(z) Definitions.--In this section:
       ``(1) Directly.--The term `directly' means a transfer of 
     merchandise or an article from one person to another person 
     without any intermediate transfer.
       ``(2) HTS.--The term `HTS' means the Harmonized Tariff 
     Schedule of the United States.
       ``(3) Indirectly.--The term `indirectly' means a transfer 
     of merchandise or an article from one person to another 
     person with one or more intermediate transfers.''.
       (o) Recordkeeping.--Section 508(c)(3) of the Tariff Act of 
     1930 (19 U.S.C. 1508(c)(3)) is amended--
       (1) by striking ``3rd'' and inserting ``5th''; and
       (2) by striking ``payment'' and inserting ``liquidation''.
       (p) Government Accountability Office Report.--
       (1) In general.--Not later than one year after the issuance 
     of the regulations required by subsection (l)(2) of section 
     313 of the Tariff Act of 1930, as added by subsection (g), 
     the Comptroller General of the United States shall submit to 
     the Committee on Finance of the Senate and the Committee on 
     Ways and Means of the House of Representatives a report on 
     the modernization of drawback and refunds under section 313 
     of the Tariff Act of 1930, as amended by this section.
       (2) Contents.--The report required by paragraph (1) include 
     the following:
       (A) An assessment of the modernization of drawback and 
     refunds under section 313 of the Tariff Act of 1930, as 
     amended by this section.
       (B) A description of drawback claims that were permissible 
     before the effective date provided for in subsection (q) that 
     are not permissible after that effective date and an 
     identification of industries most affected.
       (C) A description of drawback claims that were not 
     permissible before the effective date provided for in 
     subsection (q) that are permissible after that effective date 
     and an identification of industries most affected.
       (q) Effective Date.--
       (1) In general.--The amendments made by this section 
     shall--
       (A) take effect on the date of the enactment of this Act; 
     and
       (B) except as provided in paragraphs (2)(B) and (3), apply 
     to drawback claims filed on or after the date that is 2 years 
     after such date of enactment.
       (2) Reporting of operability of automated commercial 
     environment computer system.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, and not later than 2 years after 
     such date of enactment, the Secretary of the Treasury shall 
     submit to Congress a report on--
       (i) the date on which the Automated Commercial Environment 
     will be ready to process drawback claims; and
       (ii) the date on which the Automated Export System will be 
     ready to accept proof of exportation under subsection (i) of 
     section 313 of the Tariff Act of 1930, as amended by 
     subsection (d).
       (B) Delay of effective date.--If the Secretary indicates in 
     the report required by subparagraph (A) that the Automated 
     Commercial Environment will not be ready to process drawback 
     claims by the date that is 2 years after the date of the 
     enactment of this Act, the amendments made by this section 
     shall apply to drawback claims filed on and after the date on 
     which the Secretary certifies that the Automated Commercial 
     Environment is ready to process drawback claims.
       (3) Transition rule.--During the one-year period beginning 
     on the date that is 2 years after the date of the enactment 
     of this Act (or, if later, the effective date provided for in 
     paragraph (2)(B)), a person may elect to file a claim for 
     drawback under--
       (A) section 313 of the Tariff Act of 1930, as amended by 
     this section; or
       (B) section 313 of the Tariff Act of 1930, as in effect on 
     the day before the date of the enactment of this Act.

     SEC. 907. 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) 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.''.

     SEC. 908. BIENNIAL REPORTS REGARDING COMPETITIVENESS ISSUES 
                   FACING THE UNITED STATES ECONOMY AND 
                   COMPETITIVE CONDITIONS FOR CERTAIN KEY UNITED 
                   STATES INDUSTRIES.

       (a) In General.--The United States International Trade 
     Commission shall conduct a series of investigations, and 
     submit a report on each such investigation in accordance with 
     subsection (c), regarding competitiveness issues facing the 
     economy of the United States and competitive conditions for 
     certain key United States industries.
       (b) Contents of Report.--
       (1) In general.--Each report required by subsection (a) 
     shall include, to the extent practicable, the following:
       (A) A detailed assessment of competitiveness issues facing 
     the economy of the United States, over the 10-year period 
     beginning on the date on which the report is submitted, that 
     includes--
       (i) projections, over that 10-year period, of economic 
     measures, such as measures relating to production in the 
     United States and United States trade, for the economy of the 
     United States and for key United States industries, based on 
     ongoing trends in the economy of the United States and global 
     economies and incorporating estimates from prominent United 
     States, foreign, multinational, and private sector 
     organizations; and
       (ii) a description of factors that drive economic growth, 
     such as domestic productivity, the United States workforce, 
     foreign demand for United States goods and services, and 
     industry-specific developments.
       (B) A detailed assessment of a key United States industry 
     or key United States industries that, to the extent 
     practicable--
       (i) identifies with respect to each such industry the 
     principal factors driving competitiveness as of the date on 
     which the report is submitted; and
       (ii) describes, with respect to each such industry, the 
     structure of the global industry, its market characteristics, 
     current industry trends, relevant policies and programs of 
     foreign governments, and principal factors affecting future 
     competitiveness.
       (2) Selection of key united states industries.--
       (A) In general.--In conducting assessments required under 
     paragraph (1)(B), the Commission shall, to the extent 
     practicable, select a different key United States industry or 
     different key United States industries for purposes of each 
     report required by subsection (a).
       (B) Consultations with congress.--The Commission shall 
     consult with the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives 
     before selecting the key United States industry or key United 
     States industries for purposes of each report required by 
     subsection (a).
       (c) Submission of Reports.--
       (1) In general.--Not later than May 15, 2017, and every 2 
     years thereafter through 2025, the Commission shall submit to 
     the Committee on Finance of the Senate and the Committee on 
     Ways and Means of the House of Representatives a report on 
     the most recent investigation conducted under subsection (a).
       (2) Extension of deadline.--The Commission may, after 
     consultation with the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives, submit a report under paragraph (1) later 
     than the date required by that paragraph.
       (3) Confidential business information.--A report submitted 
     under paragraph (1) shall not include any confidential 
     business information unless--
       (A) the party that submitted the confidential business 
     information to the Commission had notice, at the time of 
     submission, that the information would be released by the 
     Commission; or

[[Page 9491]]

       (B) that party consents to the release of the information.
       (d) Key United States Industry Defined.--In this section, 
     the term ``key United States industry'' means a goods or 
     services industry that--
       (1) contributes significantly to United States economic 
     activity and trade; or
       (2) is a potential growth area for the United States and 
     global markets.

     SEC. 909. REPORT ON CERTAIN U.S. CUSTOMS AND BORDER 
                   PROTECTION AGREEMENTS.

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

     SEC. 910. 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 such 
     service that could lawfully be performed during regular hours 
     of operation.''.

     SEC. 911. 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. 912. 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. 913. IMPROVED COLLECTION AND USE OF LABOR MARKET 
                   INFORMATION.

       Section 1137 of the Social Security Act (42 U.S.C. 1320b-7) 
     is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by inserting ``(including the 
     occupational information under subsection (g))'' after 
     ``paragraph (3) of this subsection''; and
       (B) in paragraph (3), by striking ``employers (as defined'' 
     and inserting ``subject to subsection (g), employers (as 
     defined''; and
       (2) by adding at the end the following new subsection:
       ``(g)(1) Beginning January 1, 2017, each quarterly wage 
     report required to be submitted by an employer under 
     subsection (a)(3) shall include such occupational information 
     with respect to each employee of the employer that permits 
     the classification of such employees into occupational 
     categories as found in the Standard Occupational 
     Classification (SOC) system.
       ``(2) The State agency receiving the occupational 
     information described in paragraph (1) shall make such 
     information available to the Secretary of Labor pursuant to 
     procedures established by the Secretary of Labor.
       ``(3)(A) The Secretary of Labor shall make occupational 
     information submitted under paragraph (2) available to other 
     State and Federal agencies, including the United States 
     Census Bureau, the Bureau of Labor Statistics, and other 
     State and Federal research agencies.
       ``(B) Disclosure of occupational information under 
     subparagraph (A) shall be subject to the agency having 
     safeguards in place that meet the requirements under 
     paragraph (4).
       ``(4) The Secretary of Labor shall establish and implement 
     safeguards for the dissemination and, subject to paragraph 
     (5), the use of occupational information received under this 
     subsection.
       ``(5) Occupational information received under this 
     subsection shall only be used to classify employees into 
     occupational categories as found in the Standard Occupational 
     Classification (SOC) system and to analyze and evaluate 
     occupations in order to improve the labor market for workers 
     and industries.
       ``(6) The Secretary of Labor shall establish procedures to 
     verify the accuracy of information received under paragraph 
     (2).''.

     SEC. 914. STATEMENTS OF POLICY WITH RESPECT TO ISRAEL.

       Congress--
       (1) supports the strengthening of United States-Israel 
     economic cooperation and recognizes the tremendous strategic, 
     economic, and technological value of cooperation with Israel;
       (2) recognizes the benefit of cooperation with Israel to 
     United States companies, including by improving United States 
     competitiveness in global markets;
       (3) recognizes the importance of trade and commercial 
     relations to the pursuit and sustainability of peace, and 
     supports efforts to bring together the United States, Israel, 
     the Palestinian territories, and others in enhanced commerce;
       (4) opposes politically motivated actions that penalize or 
     otherwise limit commercial relations specifically with Israel 
     such as boycotts, divestment or sanctions;
       (5) notes that the boycott, divestment, and sanctioning of 
     Israel by governments, governmental bodies, quasi-
     governmental bodies, international organizations, and other 
     such entities is contrary to the General Agreement on Tariffs 
     and Trade (GATT) principle of nondiscrimination;
       (6) encourages the inclusion of politically motivated 
     actions that penalize or otherwise limit commercial relations 
     specifically with Israel such as boycotts, divestment from, 
     or sanctions against Israel as a topic of discussion at the 
     U.S.-Israel Joint Economic Development Group (JEDG) and other 
     areas to support the strengthening of the United States-
     Israel commercial relationship and combat any commercial 
     discrimination against Israel;
       (7) supports efforts to prevent investigations or 
     prosecutions by governments or international organizations of 
     United States persons on the sole basis of such persons doing 
     business with Israel, with Israeli entities, or in 
     territories controlled by Israel; and
       (8) supports States of the United States examining a 
     company's promotion or compliance

[[Page 9492]]

     with unsanctioned boycotts, divestment from, or sanctions 
     against Israel as part of its consideration in awarding 
     grants and contracts and supports the divestment of State 
     assets from companies that support or promote actions to 
     boycott, divest from, or sanction Israel.

                            TITLE X--OFFSETS

     SEC. 1001. REVOCATION OR DENIAL OF PASSPORT IN CASE OF 
                   CERTAIN UNPAID TAXES.

       (a) In General.--Subchapter D of chapter 75 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new section:

     ``SEC. 7345. REVOCATION OR DENIAL OF PASSPORT IN CASE OF 
                   CERTAIN TAX DELINQUENCIES.

       ``(a) In General.--If the Secretary receives certification 
     by the Commissioner of Internal Revenue that any individual 
     has a seriously delinquent tax debt in an amount in excess of 
     $50,000, the Secretary shall transmit such certification to 
     the Secretary of State for action with respect to denial, 
     revocation, or limitation of a passport pursuant to section 
     1001(d) of the Trade Facilitation and Trade Enforcement Act 
     of 2015.
       ``(b) Seriously Delinquent Tax Debt.--For purposes of this 
     section, the term `seriously delinquent tax debt' means an 
     outstanding debt under this title for which a notice of lien 
     has been filed in public records pursuant to section 6323 or 
     a notice of levy has been filed pursuant to section 6331, 
     except that such term does not include--
       ``(1) a debt that is being paid in a timely manner pursuant 
     to an agreement under section 6159 or 7122, and
       ``(2) a debt with respect to which collection is suspended 
     because a collection due process hearing under section 6330, 
     or relief under subsection (b), (c), or (f) of section 6015, 
     is requested or pending.
       ``(c) Adjustment for Inflation.--In the case of a calendar 
     year beginning after 2016, the dollar amount in subsection 
     (a) shall be increased by an amount equal to--
       ``(1) such dollar amount, multiplied by
       ``(2) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year, determined by 
     substituting `calendar year 2015' for `calendar year 1992' in 
     subparagraph (B) thereof.
     If any amount as adjusted under the preceding sentence is not 
     a multiple of $1,000, such amount shall be rounded to the 
     next highest multiple of $1,000.''.
       (b) Clerical Amendment.--The table of sections for 
     subchapter D of chapter 75 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 7345. Revocation or denial of passport in case of certain tax 
              delinquencies.''.
       (c) Authority for Information Sharing.--
       (1) In general.--Subsection (l) of section 6103 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(23) Disclosure of return information to department of 
     state for purposes of passport revocation under section 
     7345.--
       ``(A) In general.--The Secretary shall, upon receiving a 
     certification described in section 7345, disclose to the 
     Secretary of State return information with respect to a 
     taxpayer who has a seriously delinquent tax debt described in 
     such section. Such return information shall be limited to--
       ``(i) the taxpayer identity information with respect to 
     such taxpayer, and
       ``(ii) the amount of such seriously delinquent tax debt.
       ``(B) Restriction on disclosure.--Return information 
     disclosed under subparagraph (A) may be used by officers and 
     employees of the Department of State for the purposes of, and 
     to the extent necessary in, carrying out the requirements of 
     section 1001(d) of the Trade Facilitation and Trade 
     Enforcement Act of 2015.''.
       (2) Conforming amendment.--Paragraph (4) of section 6103(p) 
     of such Code is amended by striking ``or (22)'' each place it 
     appears in subparagraph (F)(ii) and in the matter preceding 
     subparagraph (A) and inserting ``(22), or (23)''.
       (d) Authority To Deny or Revoke Passport.--
       (1) Denial.--
       (A) In general.--Except as provided under subparagraph (B), 
     upon receiving a certification described in section 7345 of 
     the Internal Revenue Code of 1986 from the Secretary of the 
     Treasury, the Secretary of State shall not issue a passport 
     to any individual who has a seriously delinquent tax debt 
     described in such section.
       (B) Emergency and humanitarian situations.--Notwithstanding 
     subparagraph (A), the Secretary of State may issue a 
     passport, in emergency circumstances or for humanitarian 
     reasons, to an individual described in such subparagraph.
       (2) Revocation.--
       (A) In general.--The Secretary of State may revoke a 
     passport previously issued to any individual described in 
     paragraph (1)(A).
       (B) Limitation for return to united states.--If the 
     Secretary of State decides to revoke a passport under 
     subparagraph (A), the Secretary of State, before revocation, 
     may--
       (i) limit a previously issued passport only for return 
     travel to the United States; or
       (ii) issue a limited passport that only permits return 
     travel to the United States.
       (3) Hold harmless.--The Secretary of the Treasury and the 
     Secretary of State shall not be liable to an individual for 
     any action with respect to a certification by the 
     Commissioner of Internal Revenue under section 7345 of the 
     Internal Revenue Code of 1986.
       (e) Revocation or Denial of Passport in Case of Individual 
     Without Social Security Account Number.--
       (1) Denial.--
       (A) In general.--Except as provided under subparagraph (B), 
     upon receiving an application for a passport from an 
     individual that either--
       (i) does not include the social security account number 
     issued to that individual, or
       (ii) includes an incorrect or invalid social security 
     number willfully, intentionally, negligently, or recklessly 
     provided by such individual,
     the Secretary of State is authorized to deny such application 
     and is authorized to not issue a passport to the individual.
       (B) Emergency and humanitarian situations.--Notwithstanding 
     subparagraph (A), the Secretary of State may issue a 
     passport, in emergency circumstances or for humanitarian 
     reasons, to an individual described in subparagraph (A).
       (2) Revocation.--
       (A) In general.--The Secretary of State may revoke a 
     passport previously issued to any individual described in 
     paragraph (1)(A).
       (B) Limitation for return to united states.--If the 
     Secretary of State decides to revoke a passport under 
     subparagraph (A), the Secretary of State, before revocation, 
     may--
       (i) limit a previously issued passport only for return 
     travel to the United States; or
       (ii) issue a limited passport that only permits return 
     travel to the United States.
       (f) Effective Date.--The provisions of, and amendments made 
     by, this section shall take effect on January 1, 2016.

     SEC. 1002. CUSTOMS USER FEES.

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


                      Motion Offered by Mr. Tiberi

  Mr. TIBERI. Mr. Speaker, I have a motion at the desk.
  The SPEAKER pro tempore. The Clerk will designate the motion.
  The text of the motion is as follows:

       Mr. Tiberi moves that the House concur in the Senate 
     amendment to the title of H.R. 644 and concur in the Senate 
     amendment to the text of H.R. 644 with the amendment printed 
     in part A of House Report 114-146 modified by the amendment 
     printed in part B of that report.

  The text of the House amendment to the Senate amendments to the text 
is as follows:

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

           TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT

Sec. 101. Improving partnership programs.
Sec. 102. Report on effectiveness of trade enforcement activities.
Sec. 103. Priorities and performance standards for customs 
              modernization, trade facilitation, and trade enforcement 
              functions and programs.
Sec. 104. Educational seminars to improve efforts to classify and 
              appraise imported articles, to improve trade enforcement 
              efforts, and to otherwise facilitate legitimate 
              international trade.
Sec. 105. Joint strategic plan.
Sec. 106. Automated Commercial Environment.
Sec. 107. International Trade Data System.
Sec. 108. Consultations with respect to mutual recognition 
              arrangements.
Sec. 109. Commercial Customs Operations Advisory Committee.
Sec. 110. Centers of Excellence and Expertise.
Sec. 111. Commercial risk assessment targeting and trade alerts.

[[Page 9493]]

Sec. 112. Report on oversight of revenue protection and enforcement 
              measures.
Sec. 113. Report on security and revenue measures with respect to 
              merchandise transported in bond.
Sec. 114. Importer of record program.
Sec. 115. Establishment of new importer program.
Sec. 116. Customs broker identification of importers.
Sec. 117. Requirements applicable to non-resident importers.
Sec. 118. Priority trade issues.
Sec. 119. Appropriate congressional committees defined.

                   TITLE II--IMPORT HEALTH AND SAFETY

Sec. 201. Interagency import safety working group.
Sec. 202. Joint import safety rapid response plan.
Sec. 203. Training.

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

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

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

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

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

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

       Subtitle B--Investigation of Evasion of Trade Remedy Laws

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

                       Subtitle C--Other Matters

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

   TITLE V--IMPROVEMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAWS

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

              TITLE VI--ADDITIONAL ENFORCEMENT PROVISIONS

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

                    TITLE VII--CURRENCY MANIPULATION

Sec. 701. Enhancement of engagement on currency exchange rate and 
              economic policies with certain major trading partners of 
              the United States.
Sec. 702. Advisory Committee on International Exchange Rate Policy.

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

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

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

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Automated commercial environment.--The term ``Automated 
     Commercial Environment'' means the Automated Commercial 
     Environment computer system authorized under section 
     13031(f)(4) of the Consolidated Omnibus Budget Reconciliation 
     Act of 1985 (19 U.S.C. 58c(f)(4)).
       (2) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of U.S. Customs and Border Protection, as 
     described in section 411(b) of the Homeland Security Act of 
     2002, as added by section 802(a) of this Act.
       (3) Customs and trade laws of the united states.--The term 
     ``customs and trade laws of the United States'' includes the 
     following:
       (A) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.).
       (B) Section 249 of the Revised Statutes (19 U.S.C. 3).
       (C) Section 2 of the Act of March 4, 1923 (42 Stat. 1453, 
     chapter 251; 19 U.S.C. 6).
       (D) The Act of March 3, 1927 (44 Stat. 1381, chapter 348; 
     19 U.S.C. 2071 et seq.).
       (E) Section 13031 of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c).
       (F) Section 251 of the Revised Statutes (19 U.S.C. 66).
       (G) Section 1 of the Act of June 26, 1930 (46 Stat. 817, 
     chapter 617; 19 U.S.C. 68).
       (H) The Foreign Trade Zones Act (19 U.S.C. 81a et seq.).
       (I) Section 1 of the Act of March 2, 1911 (36 Stat. 965, 
     chapter 191; 19 U.S.C. 198).
       (J) The Trade Act of 1974 (19 U.S.C. 2102 et seq.).
       (K) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et 
     seq.).
       (L) The North American Free Trade Agreement Implementation 
     Act (19 U.S.C. 3301 et seq.).
       (M) The Uruguay Round Agreements Act (19 U.S.C. 3501 et 
     seq.).
       (N) The Caribbean Basin Economic Recovery Act (19 U.S.C. 
     2701 et seq.).
       (O) The Andean Trade Preference Act (19 U.S.C. 3201 et 
     seq.).
       (P) The African Growth and Opportunity Act (19 U.S.C. 3701 
     et seq.).
       (Q) The Customs Enforcement Act of 1986 (Public Law 99-570; 
     100 Stat. 3207-79).
       (R) The Customs and Trade Act of 1990 (Public Law 101-382; 
     104 Stat. 629).
       (S) The Customs Procedural Reform and Simplification Act of 
     1978 (Public Law 95-410; 92 Stat. 888).
       (T) The Trade Act of 2002 (Public Law 107-210; 116 Stat. 
     933).
       (U) The Convention on Cultural Property Implementation Act 
     (19 U.S.C. 2601 et seq.).
       (V) The Act of March 28, 1928 (45 Stat. 374, chapter 266; 
     19 U.S.C. 2077 et seq.).
       (W) The Act of August 7, 1939 (53 Stat. 1263, chapter 566).
       (X) Any other provision of law implementing a trade 
     agreement.
       (Y) Any other provision of law vesting customs revenue 
     functions in the Secretary of the Treasury.
       (Z) Any other provision of law relating to trade 
     facilitation or trade enforcement that is administered by 
     U.S. Customs and Border Protection on behalf of any Federal 
     agency that is required to participate in the International 
     Trade Data System.
       (AA) Any other provision of customs or trade law 
     administered by U.S. Customs and Border Protection or U.S. 
     Immigration and Customs Enforcement.
       (4) Private sector entity.--The term ``private sector 
     entity'' means--
       (A) an importer;
       (B) an exporter;
       (C) a forwarder;
       (D) an air, sea, or land carrier or shipper;
       (E) a contract logistics provider;

[[Page 9494]]

       (F) a customs broker; or
       (G) any other person (other than an employee of a 
     government) affected by the implementation of the customs and 
     trade laws of the United States.
       (5) Trade enforcement.--The term ``trade enforcement'' 
     means the enforcement of the customs and trade laws of the 
     United States.
       (6) Trade facilitation.--The term ``trade facilitation'' 
     refers to policies and activities of U.S. Customs and Border 
     Protection with respect to facilitating the movement of 
     merchandise into and out of the United States in a manner 
     that complies with the customs and trade laws of the United 
     States.

           TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT

     SEC. 101. IMPROVING PARTNERSHIP PROGRAMS.

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

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

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

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

       (a) Priorities and Performance Standards.--
       (1) In general.--The Commissioner, in consultation with the 
     appropriate congressional committees, shall establish 
     priorities and performance standards to measure the 
     development and levels of achievement of the customs 
     modernization, trade facilitation, and trade enforcement 
     functions and programs described in subsection (b).
       (2) Minimum priorities and standards.--Such priorities and 
     performance standards shall, at a minimum, include priorities 
     and standards relating to efficiency, outcome, output, and 
     other types of applicable measures.
       (b) Functions and Programs Described.--The functions and 
     programs referred to in subsection (a) are the following:
       (1) The Automated Commercial Environment.
       (2) Each of the priority trade issues described in section 
     118.
       (3) The Centers of Excellence and Expertise described in 
     section 110.
       (4) Drawback for exported merchandise under section 313 of 
     the Tariff Act of 1930 (19 U.S.C. 1313), as amended by 
     section 906 of this Act.
       (5) Transactions relating to imported merchandise in bond.
       (6) Collection of countervailing duties assessed under 
     subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 
     1671 et seq.) and antidumping duties assessed under subtitle 
     B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et 
     seq.).
       (7) The expedited clearance of cargo.
       (8) The issuance of regulations and rulings.
       (9) The issuance of Regulatory Audit Reports.
       (c) Consultations and Notification.--
       (1) Consultations.--The consultations required by 
     subsection (a)(1) shall occur, at a minimum, on an annual 
     basis.
       (2) Notification.--The Commissioner shall notify the 
     appropriate congressional committees of any changes to the 
     priorities referred to in subsection (a) not later than 30 
     days before such changes are to take effect.

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

       (a) In General.--
       (1) Establishment.--The Commissioner and the Director shall 
     establish and carry out on a fiscal year basis educational 
     seminars to--
       (A) improve the ability of U.S. Customs and Border 
     Protection personnel to classify and appraise articles 
     imported into the United States in accordance with the 
     customs and trade laws of the United States;
       (B) improve the trade enforcement efforts of U.S. Customs 
     and Border Protection personnel and U.S. Immigration and 
     Customs Enforcement personnel; and
       (C) otherwise improve the ability and effectiveness of U.S. 
     Customs and Border Protection personnel and U.S. Immigration 
     and Customs Enforcement personnel to facilitate legitimate 
     international trade.

[[Page 9495]]

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

     SEC. 105. JOINT STRATEGIC PLAN.

       (a) In General.--Not later than one year after the date of 
     the enactment of this Act, and every 2 years thereafter, the 
     Commissioner and the Director of U.S. Immigration and Customs 
     Enforcement shall jointly develop and submit to the 
     appropriate congressional committees a joint strategic plan.
       (b) Contents.--The joint strategic plan required under this 
     section shall be comprised of a comprehensive multi-year plan 
     for trade enforcement and trade facilitation, and shall 
     include--
       (1) a summary of actions taken during the 2-year period 
     preceding the submission of the plan to improve trade 
     enforcement and trade facilitation, including a description 
     and analysis of specific performance measures to evaluate the 
     progress of U.S. Customs and Border Protection and U.S. 
     Immigration and Customs Enforcement in meeting each such 
     responsibility;
       (2) a statement of objectives and plans for further 
     improving trade enforcement and trade facilitation;
       (3) a specific identification of the priority trade issues 
     described in section 118, that can be addressed in order to 
     enhance trade enforcement and trade facilitation, and a 
     description of strategies and plans for addressing each such 
     issue;
       (4) a description of efforts made to improve consultation 
     and coordination among and within Federal agencies, and in 
     particular between U.S. Customs and Border Protection and 
     U.S. Immigration and Customs Enforcement, regarding trade 
     enforcement and trade facilitation;
       (5) a description of the training that has occurred to date 
     within U.S. Customs and Border Protection and U.S. 
     Immigration and Customs Enforcement to improve trade 
     enforcement and trade facilitation, including training under 
     section 104;
       (6) a description of efforts to work with the World Customs 
     Organization and other international organizations, in 
     consultation with other Federal agencies as appropriate, with 
     respect to enhancing trade enforcement and trade 
     facilitation;
       (7) a description of U.S. Custom and Border Protection 
     organizational benchmarks for optimizing staffing and wait 
     times at ports of entry;
       (8) a specific identification of any domestic or 
     international best practices that may further improve trade 
     enforcement and trade facilitation;
       (9) any legislative recommendations to further improve 
     trade enforcement and trade facilitation; and
       (10) a description of efforts made to improve consultation 
     and coordination with the private sector to enhance trade 
     enforcement and trade facilitation.
       (c) Consultations.--
       (1) In general.--In developing the joint strategic plan 
     required under this section, the Commissioner and the 
     Director of U.S. Immigration and Customs Enforcement shall 
     consult with--
       (A) appropriate officials from the relevant Federal 
     agencies, including--
       (i) the Department of the Treasury;
       (ii) the Department of Agriculture;
       (iii) the Department of Commerce;
       (iv) the Department of Justice;
       (v) the Department of the Interior;
       (vi) the Department of Health and Human Services;
       (vii) the Food and Drug Administration;
       (viii) the Consumer Product Safety Commission; and
       (ix) the Office of the United States Trade Representative; 
     and
       (B) the Commercial Customs Operations Advisory Committee 
     established by section 109.
       (2) Other consultations.--In developing the joint strategic 
     plan required under this section, the Commissioner and the 
     Director shall seek to consult with--
       (A) appropriate officials from relevant foreign law 
     enforcement agencies and international organizations, 
     including the World Customs Organization; and
       (B) interested parties in the private sector.

     SEC. 106. AUTOMATED COMMERCIAL ENVIRONMENT.

       (a) Funding.--Section 13031(f)(4)(B) of the Consolidated 
     Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
     58c(f)(4)(B)) is amended--
       (1) by striking ``2003 through 2005'' and inserting ``2016 
     through 2018'';
       (2) by striking ``such amounts as are available in that 
     Account'' and inserting ``not less than $153,736,000''; and
       (3) by striking ``for the development'' and inserting ``to 
     complete the development and implementation''.
       (b) Report.--Section 311(b)(3) of the Customs Border 
     Security Act of 2002 (19 U.S.C. 2075 note) is amended to read 
     as follows:
       ``(3) Report.--
       ``(A) In general.--Not later than December 31, 2016, the 
     Commissioner of U.S. Customs and Border Protection shall 
     submit to the Committee on Appropriations and the Committee 
     on Finance of the Senate and the Committee on Appropriations 
     and the Committee on Ways and Means of the House of 
     Representatives a report detailing--

[[Page 9496]]

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

     SEC. 107. INTERNATIONAL TRADE DATA SYSTEM.

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

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

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

     SEC. 109. COMMERCIAL CUSTOMS OPERATIONS ADVISORY COMMITTEE.

       (a) Establishment.--Not later than the date that is 60 days 
     after the date of the enactment of this Act, the Secretary of 
     the Treasury and the Secretary of Homeland Security shall 
     jointly establish a Commercial Customs Operations Advisory 
     Committee (in this section referred to as the ``Advisory 
     Committee'').
       (b) Membership.--
       (1) In general.--The Advisory Committee shall be comprised 
     of--
       (A) 20 individuals appointed under paragraph (2);
       (B) the Assistant Secretary for Tax Policy of the 
     Department of the Treasury and the Commissioner, who shall 
     jointly co-chair meetings of the Advisory Committee; and
       (C) the Assistant Secretary for Policy and the Director of 
     U.S. Immigration and Customs Enforcement of the Department of 
     Homeland Security, who shall serve as deputy co-chairs of 
     meetings of the Advisory Committee.
       (2) Appointment.--
       (A) In general.--The Secretary of the Treasury and the 
     Secretary of Homeland Security shall jointly appoint 20 
     individuals from the private sector to the Advisory 
     Committee.
       (B) Requirements.--In making appointments under 
     subparagraph (A), the Secretary of the Treasury and the 
     Secretary of Homeland Security shall appoint members--
       (i) to ensure that the membership of the Advisory Committee 
     is representative of the individuals and firms affected by 
     the commercial operations of U.S. Customs and Border 
     Protection; and
       (ii) without regard to political affiliation.
       (C) Terms.--Each individual appointed to the Advisory 
     Committee under this paragraph shall be appointed for a term 
     of not more than 3 years, and may be reappointed to 
     subsequent terms, but may not serve more than 2 terms 
     sequentially.
       (3) Transfer of membership.--The Secretary of the Treasury 
     and the Secretary of Homeland Security may transfer members 
     serving on the Advisory Committee on Commercial Operations of 
     the United States Customs Service established under section 
     9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 
     U.S.C. 2071 note) on the day before the date of the enactment 
     of this Act to the Advisory Committee established under 
     subsection (a).
       (c) Duties.--The Advisory Committee established under 
     subsection (a) shall--
       (1) advise the Secretary of the Treasury and the Secretary 
     of Homeland Security on all matters involving the commercial 
     operations of U.S. Customs and Border Protection, including 
     advising with respect to significant changes that are 
     proposed with respect to regulations, policies, or practices 
     of U.S. Customs and Border Protection;
       (2) provide recommendations to the Secretary of the 
     Treasury and the Secretary of Homeland Security on 
     improvements to the commercial operations of U.S. Customs and 
     Border Protection;
       (3) collaborate in developing the agenda for Advisory 
     Committee meetings; and
       (4) perform such other functions relating to the commercial 
     operations of U.S. Customs and Border Protection as 
     prescribed by law or as the Secretary of the Treasury and the 
     Secretary of Homeland Security jointly direct.
       (d) Meetings.--
       (1) In general.--The Advisory Committee shall meet at the 
     call of the Secretary of the Treasury and the Secretary of 
     Homeland Security, or at the call of not less than \2/3\ of 
     the membership of the Advisory Committee. The Advisory 
     Committee shall meet at least 4 times each calendar year.
       (2) Open meetings.--Notwithstanding section 10(a) of the 
     Federal Advisory Committee Act (5 U.S.C. App.), the Advisory 
     Committee meetings shall be open to the public unless the 
     Secretary of the Treasury or the Secretary of Homeland 
     Security determines

[[Page 9497]]

     that the meeting will include matters the disclosure of which 
     would compromise the development of policies, priorities, or 
     negotiating objectives or positions that could impact the 
     commercial operations of U.S. Customs and Border Protection 
     or the operations or investigations of U.S. Immigration and 
     Customs Enforcement.
       (e) Annual Report.--Not later than December 31, 2016, and 
     annually thereafter, the Advisory Committee shall submit to 
     the Committee on Finance of the Senate and the Committee on 
     Ways and Means of the House of Representatives a report 
     that--
       (1) describes the activities of the Advisory Committee 
     during the preceding fiscal year; and
       (2) sets forth any recommendations of the Advisory 
     Committee regarding the commercial operations of U.S. Customs 
     and Border Protection.
       (f) Termination.--Section 14(a)(2) of the Federal Advisory 
     Committee Act (5 U.S.C. App.; relating to the termination of 
     advisory committees) shall not apply to the Advisory 
     Committee.
       (g) Conforming Amendment.--
       (1) In general.--Effective on the date on which the 
     Advisory Committee is established under subsection (a), 
     section 9503(c) of the Omnibus Budget Reconciliation Act of 
     1987 (19 U.S.C. 2071 note) is repealed.
       (2) Reference.--Any reference in law to the Advisory 
     Committee on Commercial Operations of the United States 
     Customs Service established under section 9503(c) of the 
     Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 
     note) made on or after the date on which the Advisory 
     Committee is established under subsection (a), shall be 
     deemed a reference to the Commercial Customs Operations 
     Advisory Committee established under subsection (a).

     SEC. 110. CENTERS OF EXCELLENCE AND EXPERTISE.

       (a) In General.--The Commissioner shall, in consultation 
     with the appropriate congressional committees and the 
     Commercial Customs Operations Advisory Committee established 
     by section 109, develop and implement Centers of Excellence 
     and Expertise throughout U.S. Customs and Border Protection 
     that--
       (1) enhance the economic competitiveness of the United 
     States by consistently enforcing the laws and regulations of 
     the United States at all ports of entry of the United States 
     and by facilitating the flow of legitimate trade through 
     increasing industry-based knowledge;
       (2) improve enforcement efforts, including enforcement of 
     priority trade issues described in section 118, in specific 
     industry sectors through the application of targeting 
     information from the National Targeting Center under section 
     111 and from other means of verification;
       (3) build upon the expertise of U.S. Customs and Border 
     Protection in particular industry operations, supply chains, 
     and compliance requirements;
       (4) promote the uniform implementation at each port of 
     entry of the United States of policies and regulations 
     relating to imports;
       (5) centralize the trade enforcement and trade facilitation 
     efforts of U.S. Customs and Border Protection;
       (6) formalize an account-based approach to apply, as the 
     Commissioner determines appropriate, to the importation of 
     merchandise into the United States;
       (7) foster partnerships though the expansion of trade 
     programs and other trusted partner programs;
       (8) develop applicable performance measurements to meet 
     internal efficiency and effectiveness goals; and
       (9) whenever feasible, facilitate a more efficient flow of 
     information between Federal agencies.
       (b) Report.--Not later than December 31, 2016, the 
     Commissioner shall submit to the appropriate congressional 
     committees a report describing--
       (1) the scope, functions, and structure of each Center of 
     Excellence and Expertise developed and implemented under 
     subsection (a);
       (2) the effectiveness of each such Center of Excellence and 
     Expertise in improving enforcement efforts, including 
     enforcement of priority trade issues described in section 
     118, and facilitating legitimate trade;
       (3) the quantitative and qualitative benefits of each such 
     Center of Excellence and Expertise to the trade community, 
     including through fostering partnerships through the 
     expansion of trade programs such as the Importer Self 
     Assessment program and other trusted partner programs;
       (4) all applicable performance measurements with respect to 
     each such Center of Excellence and Expertise, including 
     performance measures with respect to meeting internal 
     efficiency and effectiveness goals;
       (5) the performance of each such Center of Excellence and 
     Expertise in increasing the accuracy and completeness of data 
     with respect to international trade and facilitating a more 
     efficient flow of information between Federal agencies; and
       (6) any planned changes in the number, scope, functions or 
     any other aspect of the Centers of Excellence and Expertise 
     developed and implemented under subsection (a).

     SEC. 111. COMMERCIAL RISK ASSESSMENT TARGETING AND TRADE 
                   ALERTS.

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

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

       (a) In General.--Not later the March 31, 2016, and not 
     later than March 31 of each second year thereafter, the 
     Inspector General of the Department of the Treasury shall 
     submit

[[Page 9498]]

     to the Committee on Finance of the Senate and the Committee 
     on Ways and Means of the House of Representatives a report 
     assessing, with respect to the period covered by the report, 
     as specified in subsection (b), the following:
       (1) The effectiveness of the measures taken by U.S. Customs 
     and Border Protection with respect to protection of revenue, 
     including--
       (A) the collection of countervailing duties assessed under 
     subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 
     1671 et seq.) and antidumping duties assessed under subtitle 
     B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et 
     seq.);
       (B) the assessment, collection, and mitigation of 
     commercial fines and penalties;
       (C) the use of bonds, including continuous and single 
     transaction bonds, to secure that revenue; and
       (D) the adequacy of the policies of U.S. Customs and Border 
     Protection with respect to the monitoring and tracking of 
     merchandise transported in bond and collecting duties, as 
     appropriate.
       (2) The effectiveness of actions taken by U.S. Customs and 
     Border Protection to measure accountability and performance 
     with respect to protection of revenue.
       (3) The number and outcome of investigations instituted by 
     U.S. Customs and Border Protection with respect to the 
     underpayment of duties.
       (4) The effectiveness of training with respect to the 
     collection of duties provided for personnel of U.S. Customs 
     and Border Protection.
       (b) Period Covered by Report.--Each report required by 
     subsection (a) shall cover the period of 2 fiscal years 
     ending on September 30 of the calendar year preceding the 
     submission of the report.

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

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

     SEC. 114. IMPORTER OF RECORD PROGRAM.

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

     SEC. 115. ESTABLISHMENT OF NEW IMPORTER PROGRAM.

       (a) In General.--Not later than the date that is 180 days 
     after the date of the enactment of this Act, the Commissioner 
     shall establish a new importer program that directs U.S. 
     Customs and Border Protection to adjust bond amounts for new 
     importers based on the level of risk assessed by U.S. Customs 
     and Border Protection for protection of revenue of the 
     Federal Government.
       (b) Requirements.--The Commissioner shall ensure that, as 
     part of the new importer program established under subsection 
     (a), U.S. Customs and Border Protection--
       (1) develops risk-based criteria for determining which 
     importers are considered to be new importers for the purposes 
     of this subsection;
       (2) develops risk assessment guidelines for new importers 
     to determine if and to what extent--
       (A) to adjust bond amounts of imported products of new 
     importers; and
       (B) to increase screening of imported products of new 
     importers;
       (3) develops procedures to ensure increased oversight of 
     imported products of new importers relating to the 
     enforcement of the priority trade issues described in section 
     118;
       (4) develops procedures to ensure increased oversight of 
     imported products of new importers by Centers of Excellence 
     and Expertise established under section 110; and
       (5) establishes a centralized database of new importers to 
     ensure accuracy of information that is required to be 
     provided by new importers to U.S. Customs and Border 
     Protection.

     SEC. 116. CUSTOMS BROKER IDENTIFICATION OF IMPORTERS.

       (a) In General.--Section 641 of the Tariff Act of 1930 (19 
     U.S.C. 1641) is amended by adding at the end the following:
       ``(i) Identification of Importers.--
       ``(1) In general.--The Secretary shall prescribe 
     regulations setting forth the minimum standards for customs 
     brokers and importers, including nonresident importers, 
     regarding the identity of the importer that shall apply in 
     connection with the importation of merchandise into the 
     United States.
       ``(2) Minimum requirements.--The regulations shall, at a 
     minimum, require customs brokers to implement, and importers 
     (after being given adequate notice) to comply with, 
     reasonable procedures for--
       ``(A) collecting the identity of importers, including 
     nonresident importers, seeking to import merchandise into the 
     United States to the extent reasonable and practicable; and
       ``(B) maintaining records of the information used to 
     substantiate a person's identity, including name, address, 
     and other identifying information.
       ``(3) Penalties.--Any customs broker who fails to collect 
     information required under the regulations prescribed under 
     this subsection shall be liable to the United States, at the 
     discretion of the Secretary, for a monetary penalty not to 
     exceed $10,000 for each violation of those regulations and 
     subject to revocation or suspension of a license or permit of 
     the customs broker pursuant to the procedures set forth in 
     subsection (d).
       ``(4) Definitions.--In this subsection--
       ``(A) the term `importer' means one of the parties 
     qualifying as an importer of record under section 
     484(a)(2)(B); and
       ``(B) the term `nonresident importer' means an importer who 
     is--
       ``(i) an individual who is not a citizen of the United 
     States or an alien lawfully admitted for permanent residence 
     in the United States; or
       ``(ii) a partnership, corporation, or other commercial 
     entity that is not organized under the laws of a jurisdiction 
     within the customs territory of the United States (as such 
     term is defined in General Note 2 of the Harmonized Tariff 
     Schedule of the United States) or in the Virgin Islands of 
     the United States.''.
       (b) Study and Report Required.--Not later than 180 days 
     after the date of enactment of this Act, the Commissioner 
     shall submit to Congress a report containing recommendations 
     for--
       (1) determining the most timely and effective way to 
     require foreign nationals to provide customs brokers with 
     appropriate and accurate information, comparable to that 
     which is required of United States nationals, concerning the 
     identity, address, and other related information relating to 
     such foreign

[[Page 9499]]

     nationals necessary to enable customs brokers to comply with 
     the requirements of section 641(i) of the Tariff Act of 1930 
     (as added by subsection (a) of this section); and
       (2) establishing a system for customs brokers to review 
     information maintained by relevant Federal agencies for 
     purposes of verifying the identities of importers, including 
     nonresident importers, seeking to import merchandise into the 
     United States.

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

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

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

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

     SEC. 118. PRIORITY TRADE ISSUES.

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

     SEC. 119. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

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

                   TITLE II--IMPORT HEALTH AND SAFETY

     SEC. 201. INTERAGENCY IMPORT SAFETY WORKING GROUP.

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

     SEC. 202. JOINT IMPORT SAFETY RAPID RESPONSE PLAN.

       (a) In General.--Not later than December 31, 2016, the 
     Secretary of Homeland Security, in consultation with the 
     interagency Import Safety Working Group established under 
     section 201, shall develop a plan (to be known as the ``joint 
     import safety rapid response plan'') that sets forth 
     protocols and defines practices for U.S. Customs and Border 
     Protection to use--
       (1) in taking action in response to, and coordinating 
     Federal responses to, an incident in which cargo destined for 
     or merchandise entering the United States has been identified 
     as posing a threat to the health or safety of consumers in 
     the United States; and
       (2) in recovering from or mitigating the effects of actions 
     and responses to an incident described in paragraph (1).
       (b) Contents.--The joint import safety rapid response plan 
     shall address--
       (1) the statutory and regulatory authorities and 
     responsibilities of U.S. Customs and Border Protection and 
     other Federal agencies in responding to an incident described 
     in subsection (a)(1);
       (2) the protocols and practices to be used by U.S. Customs 
     and Border Protection when taking action in response to, and 
     coordinating Federal responses to, such an incident;
       (3) the measures to be taken by U.S. Customs and Border 
     Protection and other Federal agencies in recovering from or 
     mitigating the effects of actions taken in response to such 
     an incident after the incident to ensure the resumption of 
     the entry of merchandise into the United States; and
       (4) exercises that U.S. Customs and Border Protection may 
     conduct in conjunction with Federal, State, and local 
     agencies, and private sector entities, to simulate responses 
     to such an incident.
       (c) Updates of Plan.--The Secretary of Homeland Security 
     shall review and update the joint import safety rapid 
     response plan,

[[Page 9500]]

     as appropriate, after conducting exercises under subsection 
     (d).
       (d) Import Health and Safety Exercises.--
       (1) In general.--The Secretary of Homeland Security and the 
     Commissioner shall periodically engage in the exercises 
     referred to in subsection (b)(4), in conjunction with 
     Federal, State, and local agencies and private sector 
     entities, as appropriate, to test and evaluate the protocols 
     and practices identified in the joint import safety rapid 
     response plan at United States ports of entry.
       (2) Requirements for exercises.--In conducting exercises 
     under paragraph (1), the Secretary and the Commissioner 
     shall--
       (A) make allowance for the resources, needs, and 
     constraints of United States ports of entry of different 
     sizes in representative geographic locations across the 
     United States;
       (B) base evaluations on current risk assessments of 
     merchandise entering the United States at representative 
     United States ports of entry located across the United 
     States;
       (C) ensure that such exercises are conducted in a manner 
     consistent with the National Incident Management System, the 
     National Response Plan, the National Infrastructure 
     Protection Plan, the National Preparedness Guidelines, the 
     Maritime Transportation System Security Plan, and other such 
     national initiatives of the Department of Homeland Security, 
     as appropriate; and
       (D) develop metrics with respect to the resumption of the 
     entry of merchandise into the United States after an incident 
     described in subsection (a)(1).
       (3) Requirements for testing and evaluation.--The Secretary 
     and the Commissioner shall ensure that the testing and 
     evaluation carried out in conducting exercises under 
     paragraph (1)--
       (A) are performed using clear and objective performance 
     measures; and
       (B) result in the identification of specific 
     recommendations or best practices for responding to an 
     incident described in subsection (a)(1).
       (4) Dissemination of recommendations and best practices.--
     The Secretary and the Commissioner shall--
       (A) share the recommendations or best practices identified 
     under paragraph (3)(B) among the members of the interagency 
     Import Safety Working Group established under section 201 and 
     with, as appropriate--
       (i) State, local, and tribal governments;
       (ii) foreign governments; and
       (iii) private sector entities; and
       (B) use such recommendations and best practices to update 
     the joint import safety rapid response plan.

     SEC. 203. TRAINING.

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

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

     SEC. 301. DEFINITION OF INTELLECTUAL PROPERTY RIGHTS.

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

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

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

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

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

     SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES.

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

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

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

     SEC. 305. NATIONAL INTELLECTUAL PROPERTY RIGHTS COORDINATION 
                   CENTER.

       (a) Establishment.--The Secretary of Homeland Security 
     shall--
       (1) establish within U.S. Immigration and Customs 
     Enforcement a National Intellectual Property Rights 
     Coordination Center; and
       (2) appoint an Assistant Director to head the National 
     Intellectual Property Rights Coordination Center.
       (b) Duties.--The Assistant Director of the National 
     Intellectual Property Rights Coordination Center shall--
       (1) coordinate the investigation of sources of merchandise 
     that infringe intellectual property rights to identify 
     organizations and individuals that produce, smuggle, or 
     distribute such merchandise;
       (2) conduct and coordinate training with other domestic and 
     international law enforcement agencies on investigative best 
     practices--
       (A) to develop and expand the capability of such agencies 
     to enforce intellectual property rights; and
       (B) to develop metrics to assess whether the training 
     improved enforcement of intellectual property rights;
       (3) coordinate, with U.S. Customs and Border Protection, 
     activities conducted by the

[[Page 9501]]

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

     SEC. 306. JOINT STRATEGIC PLAN FOR THE ENFORCEMENT OF 
                   INTELLECTUAL PROPERTY RIGHTS.

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

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

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

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

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

     SEC. 309. INTERNATIONAL COOPERATION AND INFORMATION SHARING.

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

     SEC. 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT.

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

[[Page 9502]]

       (4) A summary of the efforts of U.S. Customs and Border 
     Protection and U.S. Immigration and Customs Enforcement to 
     address the challenges with respect to the enforcement of 
     intellectual property rights presented by Internet commerce 
     and the transit of small packages and an identification of 
     the volume, value, and type of merchandise seized for 
     infringing intellectual property rights as a result of such 
     efforts.
       (5) A summary of training relating to the enforcement of 
     intellectual property rights conducted under section 308 and 
     expenditures for such training.

     SEC. 311. INFORMATION FOR TRAVELERS REGARDING VIOLATIONS OF 
                   INTELLECTUAL PROPERTY RIGHTS.

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

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

     SEC. 401. SHORT TITLE.

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

     SEC. 402. DEFINITIONS.

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

     SEC. 403. APPLICATION TO CANADA AND MEXICO.

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

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

     SEC. 411. TRADE REMEDY LAW ENFORCEMENT DIVISION.

       (a) Establishment.--
       (1) In general.--The Secretary of Homeland Security shall 
     establish and maintain within the Office of International 
     Trade of U.S. Customs and Border Protection, established 
     under section 2(d) of the Act of March 3, 1927 (44 Stat. 
     1381, chapter 348; 19 U.S.C. 2072(d)), a Trade Remedy Law 
     Enforcement Division.
       (2) Composition.--The Trade Law Remedy Enforcement Division 
     shall be composed of--
       (A) headquarters personnel led by a Director, who shall 
     report to the Assistant Commissioner of the Office of 
     International Trade; and
       (B) a National Targeting and Analysis Group dedicated to 
     preventing and countering evasion.
       (3) Duties.--The Trade Remedy Law Enforcement Division 
     shall be dedicated--
       (A) to the development and administration of policies to 
     prevent and counter evasion;
       (B) to direct enforcement and compliance assessment 
     activities concerning evasion;
       (C) to the development and conduct of commercial risk 
     assessment targeting with respect to cargo destined for the 
     United States in accordance with subsection (c);
       (D) to issuing Trade Alerts described in subsection (d); 
     and
       (E) to the development of policies for the application of 
     single entry and continuous bonds for entries of covered 
     merchandise to sufficiently protect the collection of 
     antidumping and countervailing duties commensurate with the 
     level of risk of noncollection.
       (b) Duties of Director.--The duties of the Director of the 
     Trade Remedy Law Enforcement Division shall include--
       (1) directing the trade enforcement and compliance 
     assessment activities of U.S. Customs and Border Protection 
     that concern evasion;
       (2) facilitating, promoting, and coordinating cooperation 
     and the exchange of information between U.S. Customs and 
     Border Protection, U.S. Immigration and Customs Enforcement, 
     and other relevant agencies regarding evasion;
       (3) notifying on a timely basis the administering authority 
     (as defined in section 771(1) of the Tariff Act of 1930 (19 
     U.S.C. 1677(1))) and the Commission (as defined in section 
     771(2) of the Tariff Act of 1930 (19 U.S.C. 1677(2))) of any 
     finding, determination, civil action, or criminal action 
     taken by U.S. Customs and Border Protection or other Federal 
     agency regarding evasion;
       (4) serving as the primary liaison between U.S. Customs and 
     Border Protection and the public regarding United States 
     Government activities concerning evasion, including--
       (A) receive and transmit to the appropriate U.S. Customs 
     and Border Protection office allegations from parties of 
     evasion;
       (B) upon request by the party or parties that submitted an 
     allegation of evasion, provide information to such party or 
     parties on the status of U.S. Customs and Border Protection's 
     consideration of the allegation and decision to pursue or not 
     pursue any administrative inquiries or other actions, such as 
     changes in policies, procedures, or resource allocation as a 
     result of the allegation;
       (C) as needed, request from the party or parties that 
     submitted an allegation of evasion any additional information 
     that may be relevant for U.S. Customs and Border Protection 
     determining whether to initiate an administrative inquiry or 
     take any other action regarding the allegation;
       (D) notify on a timely basis the party or parties that 
     submitted such an allegation of the results of any 
     administrative, civil or criminal actions taken by U.S. 
     Customs and Border Protection or other Federal agency 
     regarding evasion as a direct or indirect result of the 
     allegation;
       (E) upon request, provide technical assistance and advice 
     to eligible small businesses to enable such businesses to 
     prepare and submit allegations of evasion, except that the 
     Director may deny assistance if the Director concludes that 
     the allegation, if submitted, would not lead to the 
     initiation of an administrative inquiry or any other action 
     to address the allegation;
       (F) in cooperation with the public, the Commercial Customs 
     Operations Advisory Committee, the Trade Support Network, and 
     any other relevant parties and organizations, develop 
     guidelines on the types and nature of information that may be 
     provided in allegations of evasion; and
       (G) regularly consult with the public, the Commercial 
     Customs Operations Advisory Committee, the Trade Support 
     Network, and any other relevant parties and organizations 
     regarding the development and implementation of regulations, 
     interpretations, and policies related to countering evasion.
       (c) Preventing and Countering Evasion of the Trade Remedy 
     Laws.--In carrying out its duties with respect to preventing 
     and countering evasion, the National Targeting and Analysis 
     Group dedicated to preventing and countering evasion shall--
       (1) establish targeted risk assessment methodologies and 
     standards--
       (A) for evaluating the risk that cargo destined for the 
     United States may constitute evading covered merchandise; and
       (B) for issuing, as appropriate, Trade Alerts described in 
     subsection (d); and
       (2) to the extent practicable and otherwise authorized by 
     law, use information available from the Automated Commercial 
     System, the Automated Commercial Environment computer system, 
     the Automated Targeting System, the Automated Export System, 
     the International Trade Data System, and the TECS, and any 
     similar and successor systems, to administer the 
     methodologies and standards established under paragraph (1).
       (d) Trade Alerts.--Based upon the application of the 
     targeted risk assessment methodologies and standards 
     established under subsection (c), the Director of the Trade 
     Remedy Law Enforcement Division shall

[[Page 9503]]

     issue Trade Alerts or other such means of notification to 
     directors of United States ports of entry directing further 
     inspection, physical examination, or testing of merchandise 
     to ensure compliance with the trade remedy laws and to 
     require additional bonds, cash deposits, or other security to 
     ensure collection of any duties, taxes and fees owed.

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

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

     SEC. 413. ACCESS TO INFORMATION.

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

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

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

     SEC. 415. TRADE NEGOTIATING OBJECTIVES.

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

       Subtitle B--Investigation of Evasion of Trade Remedy Laws

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

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

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

       ``(a) Definitions.--In this section:
       ``(1) Administering authority.--The term `administering 
     authority' has the meaning given that term in section 771.
       ``(2) Commissioner.--The term `Commissioner' means the 
     Commissioner of U.S. Customs and Border Protection.
       ``(3) Covered merchandise.--The term `covered merchandise' 
     means merchandise that is subject to--
       ``(A) a countervailing duty order issued under section 706; 
     or
       ``(B) an antidumping duty order issued under section 736.
       ``(4) Evasion.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `evasion' refers to entering covered merchandise 
     into the customs territory of the United States by means of 
     any document or electronically transmitted data or 
     information, written or oral statement, or act that is 
     material and false, or any omission that is material, and 
     that results in any cash deposit or other security or any 
     amount of applicable antidumping or countervailing duties 
     being reduced or not being applied with respect to the 
     merchandise.
       ``(B) Exception for clerical error.--
       ``(i) In general.--Except as provided in clause (ii), the 
     term `evasion' does not include entering covered merchandise 
     into the customs territory of the United States by means of--

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

       ``(ii) Patterns of negligent conduct.--If the administering 
     authority determines that a person has entered covered 
     merchandise into the customs territory of the United States 
     by means of a clerical error referred to in subclause (I) or 
     (II) of clause (i) and that the clerical error is part of a 
     pattern of negligent conduct on the part of that person, the 
     administering authority may determine, notwithstanding clause 
     (i), that the person has entered such covered merchandise 
     into the customs territory of the United States by means of 
     evasion.
       ``(iii) Electronic repetition of errors.--For purposes of 
     clause (ii), the mere unintentional repetition by an 
     electronic system of an initial clerical error does not 
     constitute a pattern of negligent conduct.
       ``(iv) Rule of construction.--A determination by the 
     administering authority that a person has entered covered 
     merchandise into the customs territory of the United States 
     by means of a clerical error referred to in subclause (I) or 
     (II) of clause (i) rather than by means of evasion shall not 
     be construed to excuse that person from the payment of any 
     duties applicable to the merchandise.
       ``(b) Investigation by Administering Authority.--
       ``(1) Procedures for initiating investigations.--
       ``(A) Initiation by administering authority.--An 
     investigation under this subsection

[[Page 9504]]

     shall be initiated with respect to merchandise imported into 
     the United States whenever the administering authority 
     determines, from information available to the administering 
     authority, that an investigation is warranted with respect to 
     whether the merchandise is covered merchandise that has 
     entered into the customs territory of the United States by 
     means of evasion.
       ``(B) Initiation by petition or referral.--
       ``(i) In general.--The administering authority shall 
     determine whether to initiate an investigation under this 
     subparagraph not later than 30 days after the date on which 
     the administering authority receives a petition described in 
     clause (ii) or a referral described in clause (iii).
       ``(ii) Petition described.--A petition described in this 
     clause is a petition that--

       ``(I) is filed with the administering authority by an 
     interested party specified in subparagraph (A), (C), (D), 
     (E), (F), or (G) of section 771(9);
       ``(II) alleges that merchandise imported into the United 
     States is covered merchandise that has entered into the 
     customs territory of the United States by means of evasion; 
     and
       ``(III) is accompanied by information reasonably available 
     to the petitioner supporting those allegations.

       ``(iii) Referral described.--A referral described in this 
     clause is a referral made by the Commissioner pursuant to 
     subsection (c)(1).
       ``(2) Time limits for determinations.--
       ``(A) Preliminary determination.--
       ``(i) In general.--Not later than 90 days after the 
     administering authority initiates an investigation under 
     paragraph (1) with respect to merchandise, the administering 
     authority shall issue a preliminary determination, based on 
     information available to the administering authority at the 
     time of the determination, with respect to whether there is a 
     reasonable basis to believe or suspect that the merchandise 
     is covered merchandise that has entered into the customs 
     territory of the United States by means of evasion.
       ``(ii) Expedited procedures.--If the administering 
     authority determines that expedited action is warranted with 
     respect to an investigation initiated under paragraph (1), 
     the administering authority may publish the notice of 
     initiation of the investigation and the notice of the 
     preliminary determination in the Federal Register at the same 
     time.
       ``(B) Final determination by the administering authority.--
     Not later than 300 days after the date on which the 
     administering authority initiates an investigation under 
     paragraph (1) with respect to merchandise, the administering 
     authority shall issue a final determination with respect to 
     whether the merchandise is covered merchandise that has 
     entered into the customs territory of the United States by 
     means of evasion.
       ``(3) Access to information.--
       ``(A) Entry documents, records, and other information.--Not 
     later than 10 days after receiving a request from the 
     administering authority with respect to merchandise that is 
     the subject of an investigation under paragraph (1), the 
     Commissioner shall transmit to the administering authority 
     copies of the documentation and information required by 
     section 484(a)(1) with respect to the entry of the 
     merchandise, as well as any other documentation or 
     information requested by the administering authority.
       ``(B) Access of interested parties.--Not later than 10 
     business days after the date on which the administering 
     authority initiates an investigation under paragraph (1) with 
     respect to merchandise, the administering authority shall 
     provide to the authorized representative of each interested 
     party that filed a petition under paragraph (1) or otherwise 
     participates in a proceeding, pursuant to a protective order, 
     the copies of the entry documentation and any other 
     information received by the administering authority under 
     subparagraph (A).
       ``(C) Business proprietary information from prior 
     segments.--If an authorized representative of an interested 
     party participating in an investigation under paragraph (1) 
     has access to business proprietary information released 
     pursuant to an administrative protective order in a 
     proceeding under subtitle A, B, or C of title VII of the 
     Tariff Act of 1930 that is relevant to the investigation 
     conducted under paragraph (1), that authorized representative 
     may submit such information to the administering authority 
     for its consideration in the context of the investigation 
     conducted under paragraph (1).
       ``(4) Authority to collect and verify additional 
     information.--In making a determination under paragraph (2) 
     with respect to covered merchandise, the administering 
     authority may collect such additional information as is 
     necessary to make the determination through such methods as 
     the administering authority considers appropriate, including 
     by--
       ``(A) issuing a questionnaire with respect to such covered 
     merchandise to--
       ``(i) a person that filed an allegation under paragraph 
     (1)(B)(ii) that resulted in the initiation of an 
     investigation under paragraph (1)(A) with respect to such 
     covered merchandise;
       ``(ii) a person alleged to have entered such covered 
     merchandise into the customs territory of the United States 
     by means of evasion;
       ``(iii) a person that is a foreign producer or exporter of 
     such covered merchandise; or
       ``(iv) the government of a country from which such covered 
     merchandise was exported;
       ``(B) conducting verifications, including on-site 
     verifications, of any relevant information; and
       ``(C) requesting--
       ``(i) that the Commissioner provide any information and 
     data available to U.S. Customs and Border Protection, and
       ``(ii) that the Commissioner gather additional necessary 
     information from the importer of covered merchandise and 
     other relevant parties.
       ``(5) Adverse inference.--If the administering authority 
     finds that a person described in clause (i), (ii), or (iii) 
     of paragraph (4)(A) has failed to cooperate by not acting to 
     the best of the person's ability to comply with a request for 
     information, the administering authority may, in making a 
     determination under paragraph (2), use an inference that is 
     adverse to the interests of that person in selecting from 
     among the facts otherwise available to make the 
     determination.
       ``(6) Effect of affirmative preliminary determination.--If 
     the administering authority makes a preliminary determination 
     under paragraph (2)(A) that merchandise is covered 
     merchandise that has entered into the customs territory of 
     the United States by means of evasion, the administering 
     authority shall instruct U.S. Customs and Border Protection--
       ``(A) to suspend liquidation of each entry of the 
     merchandise that--
       ``(i) enters on or after the date of the preliminary 
     determination; or
       ``(ii) enters before that date, if the liquidation of the 
     entry is not final on that date; and
       ``(B) to require the posting of a cash deposit for each 
     entry of the merchandise in an amount determined pursuant to 
     the order, or administrative review conducted under section 
     751, that applies to the merchandise.
       ``(7) Effect of affirmative final determination.--
       ``(A) In general.--If the administering authority makes a 
     final determination under paragraph (2)(B) that merchandise 
     is covered merchandise that has entered into the customs 
     territory of the United States by means of evasion, the 
     administering authority shall instruct U.S. Customs and 
     Border Protection--
       ``(i) to assess duties on the merchandise in an amount 
     determined pursuant to the order, or administrative review 
     conducted under section 751, that applies to the merchandise;
       ``(ii) notwithstanding section 501, to reliquidate, in 
     accordance with such order or administrative review, each 
     entry of the merchandise that was liquidated and is 
     determined to include covered merchandise; and
       ``(iii) to review and reassess the amount of bond or other 
     security the importer is required to post for such 
     merchandise entered on or after the date of the final 
     determination to ensure the protection of revenue and 
     compliance with the law.
       ``(B) Additional authority.--If the administering authority 
     makes a final determination under paragraph (2)(B) that 
     merchandise is covered merchandise that has entered into the 
     customs territory of the United States by means of evasion, 
     the administering authority may instruct U.S. Customs and 
     Border Protection to require the importer of the merchandise 
     to post a cash deposit or bond on such merchandise entered on 
     or after the date of the final determination in an amount the 
     administering authority determines in the final determination 
     to be owed with respect to the merchandise.
       ``(8) Effect of negative final determination.--If the 
     administering authority makes a final determination under 
     paragraph (2)(B) that merchandise is not covered merchandise 
     that has entered into the customs territory of the United 
     States by means of evasion, the administering authority shall 
     terminate the suspension of liquidation and refund any cash 
     deposit imposed pursuant to paragraph (6) with respect to the 
     merchandise.
       ``(9) Notification.--Not later than 5 business days after 
     making a determination under paragraph (2) with respect to 
     covered merchandise, the administering authority may provide 
     to importers, in such manner as the administering authority 
     determines appropriate, information discovered in the 
     investigation that the administering authority determines 
     will help educate importers with respect to importing 
     merchandise into the customs territory of the United States 
     in accordance with all applicable laws and regulations.
       ``(10) Special rule for cases in which the producer or 
     exporter is unknown.--If the administering authority is 
     unable to determine the actual producer or exporter of the 
     merchandise with respect to which the administering authority 
     initiated an investigation under paragraph (1), the 
     administering authority shall, in requiring the posting of a 
     cash deposit under paragraph (6) or assessing duties pursuant 
     to paragraph (7)(A), impose the cash deposit or duties (as 
     the case may be) in the highest amount applicable to any

[[Page 9505]]

     producer or exporter of the merchandise pursuant to any 
     order, or any administrative review conducted under section 
     751.
       ``(11) Publication of determinations.--The administering 
     authority shall publish in the Federal Register each notice 
     of initiation of an investigation made under paragraph 
     (1)(A), each preliminary determination made under paragraph 
     (2)(A), and each final determination made under paragraph 
     (2)(B).
       ``(12) Referrals to other agencies.--
       ``(A) After preliminary determination.--Notwithstanding 
     section 777 and subject to subparagraph (C), when the 
     administering authority makes an affirmative preliminary 
     determination under paragraph (2)(A), the administering 
     authority shall--
       ``(i) transmit the administrative record to the 
     Commissioner for such additional action as the Commissioner 
     determines appropriate, including proceedings under section 
     592; and
       ``(ii) at the request of the head of another agency, 
     transmit the administrative record to the head of that 
     agency.
       ``(B) After final determination.--Notwithstanding section 
     777 and subject to subparagraph (C), when the administering 
     authority makes an affirmative final determination under 
     paragraph (2)(B), the administering authority shall--
       ``(i) transmit the complete administrative record to the 
     Commissioner; and
       ``(ii) at the request of the head of another agency, 
     transmit the complete administrative record to the head of 
     that agency.
       ``(c) Referral by U.S. Customs and Border Protection.--In 
     the event the Commissioner receives information that a person 
     has entered covered merchandise into the customs territory of 
     the United States through evasion, but is not able to 
     determine whether the merchandise is in fact covered 
     merchandise, the Commissioner shall--
       ``(1) refer the matter to the administering authority for 
     additional proceedings under subsection (b); and
       ``(2) transmit to the administering authority--
       ``(A) copies of the entry documents and information 
     required by section 484(a)(1) relating to the merchandise; 
     and
       ``(B) any additional records or information that the 
     Commissioner considers appropriate.
       ``(d) Cooperation Between U.S. Customs and Border 
     Protection and the Department of Commerce.--
       ``(1) Notification of investigations.--Upon receiving a 
     petition and upon initiating an investigation under 
     subsection (b), the administering authority shall notify the 
     Commissioner.
       ``(2) Procedures for cooperation.--Not later than 180 days 
     after the date of the enactment of the Trade Facilitation and 
     Trade Enforcement Act of 2015, the Commissioner and the 
     administering authority shall establish procedures to ensure 
     maximum cooperation and communication between U.S. Customs 
     and Border Protection and the administering authority in 
     order to quickly, efficiently, and accurately investigate 
     allegations of evasion of antidumping and countervailing duty 
     orders.
       ``(e) Annual Report on Preventing Evasion of Antidumping 
     and Countervailing Duty Orders.--
       ``(1) In general.--Not later than February 28 of each year 
     beginning in 2016, the Under Secretary for International 
     Trade of the Department of Commerce shall submit to the 
     Committee on Finance and the Committee on Appropriations of 
     the Senate and the Committee on Ways and Means and the 
     Committee on Appropriations of the House of Representatives a 
     report on the efforts being taken under subsection (b) to 
     prevent evasion of antidumping and countervailing duty 
     orders.
       ``(2) Contents.--Each report required by paragraph (1) 
     shall include, for the calendar year preceding the submission 
     of the report--
       ``(A)(i) the number of investigations initiated pursuant to 
     subsection (b); and
       ``(ii) a description of such investigations, including--
       ``(I) the results of such investigations; and
       ``(II) the amount of antidumping and countervailing duties 
     collected as a result of such investigations; and
       ``(B) the number of referrals made by the Commissioner 
     pursuant to subsection (c).''.
       (b) Technical Amendment.--The table of contents for title 
     VII of the Tariff Act of 1930 is amended by inserting after 
     the item relating to section 781 the following:

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

     SEC. 422. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.

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

                       Subtitle C--Other Matters

     SEC. 431. ALLOCATION AND TRAINING OF PERSONNEL.

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

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

       (a) In General.--Not later than February 28 of each year, 
     beginning in 2016, the Commissioner, in consultation with the 
     Secretary of Commerce and the Director of U.S. Immigration 
     and Customs Enforcement, shall submit to the appropriate 
     congressional committees a report on the efforts being taken 
     to prevent and investigate evasion.
       (b) Contents.--Each report required under subsection (a) 
     shall include--
       (1) for the calendar year preceding the submission of the 
     report--
       (A) a summary of the efforts of U.S. Customs and Border 
     Protection to prevent and identify evasion;
       (B) the number of allegations of evasion received and the 
     number of allegations of evasion resulting in any 
     administrative, civil, or criminal actions by U.S. Customs 
     and Border Protection or any other agency;
       (C) a summary of the completed administrative inquiries of 
     evasion, including the number and nature of the inquiries 
     initiated, conducted, or completed, as well as their 
     resolution;
       (D) with respect to inquiries that lead to issuance of a 
     penalty notice, the penalty amounts;
       (E) the amounts of antidumping and countervailing duties 
     collected as a result of any actions by U.S. Customs and 
     Border Protection or any other agency;
       (F) a description of the allocation of personnel and other 
     resources of U.S. Customs and Border Protection and U.S. 
     Immigration and Customs Enforcement to prevent, identify, and 
     investigate evasion, including any assessments conducted 
     regarding the allocation of such personnel and resources; and
       (G) a description of training conducted to increase 
     expertise and effectiveness in the prevention, 
     identification, and investigation of evasion; and
       (2) a description of U.S. Customs and Border Protection 
     processes and procedures to prevent and identify evasion, 
     including--
       (A) the specific guidelines, policies, and practices used 
     by U.S. Customs and Border Protection to ensure that 
     allegations of evasion are promptly evaluated and acted upon 
     in a timely manner;
       (B) an evaluation of the efficacy of such existing 
     guidelines, policies, and practices;
       (C) identification of any changes since the last report 
     that have materially improved or reduced the effectiveness of 
     U.S. Customs and Border Protection to prevent and identify 
     evasion;
       (D) a description of the development and implementation of 
     policies for the application of single entry and continuous 
     bonds for entries of covered merchandise to sufficiently 
     protect the collection of antidumping and countervailing 
     duties commensurate with the level of risk on noncollection;

[[Page 9506]]

       (E) the processes and procedures for increased cooperation 
     and information sharing with the Department of Commerce, U.S. 
     Immigration and Customs Enforcement, and any other relevant 
     Federal agencies to prevent and identify evasion; and
       (F) identification of any recommended policy changes of 
     other Federal agencies or legislative changes to improve the 
     effectiveness of U.S. Customs and Border Protection to 
     prevent and identify evasion.

     SEC. 433. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS.

       Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 
     1675(a)(2)(B)) is amended--
       (1) by striking clause (iii);
       (2) by redesignating clause (iv) as clause (iii); and
       (3) inserting after clause (iii), as redesignated by 
     paragraph (2) of this section, the following:
       ``(iv) Determinations based on bonafide sales.--Any 
     weighted average dumping margin or individual countervailing 
     duty rate determined for an exporter or producer in a review 
     conducted under clause (i) shall be based solely on the bona 
     fide United States sales of an exporter or producer, as the 
     case may be, made during the period covered by the review. In 
     determining whether the United States sales of an exporter or 
     producer made during the period covered by the review were 
     bona fide, the administering authority shall consider, 
     depending on the circumstances surrounding such sales--

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

   TITLE V--IMPROVEMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAWS

     SEC. 501. SHORT TITLE.

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

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

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

     SEC. 503. DEFINITION OF MATERIAL INJURY.

       (a) Effect of Profitability of Domestic Industries.--
     Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) 
     is amended by adding at the end the following:
       ``(J) Effect of profitability.--The Commission may not 
     determine that there is no material injury or threat of 
     material injury to an industry in the United States merely 
     because that industry is profitable or because the 
     performance of that industry has recently improved.''.
       (b) Evaluation of Impact on Domestic Industry in 
     Determination of Material Injury.--Subclause (I) of section 
     771(7)(C)(iii) of the Tariff Act of 1930 (19 U.S.C. 
     1677(7)(C)(iii)) is amended to read as follows:

       ``(I) actual and potential decline in output, sales, market 
     share, gross profits, operating profits, net profits, ability 
     to service debt, productivity, return on investments, return 
     on assets, and utilization of capacity,''.

       (c) Captive Production.--Section 771(7)(C)(iv) of the 
     Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iv)) is amended--
       (1) in subclause (I), by striking the comma and inserting 
     ``, and'';
       (2) in subclause (II), by striking ``, and'' and inserting 
     a comma; and
       (3) by striking subclause (III).

     SEC. 504. PARTICULAR MARKET SITUATION.

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

     SEC. 505. DISTORTION OF PRICES OR COSTS.

       (a) Investigation of Below-cost Sales.--Section 773(b)(2) 
     of the Tariff Act of 1930 (19 U.S.C. 1677b(b)(2)) is amended 
     by striking subparagraph (A) and inserting the following:
       ``(A) Reasonable grounds to believe or suspect.--
       ``(i) Review.--In a review conducted under section 751 
     involving a specific exporter, there are reasonable grounds 
     to believe or suspect that sales of the foreign like product 
     have been made at prices that are less than the cost of 
     production of the product if the administering authority 
     disregarded some or all of the exporter's sales pursuant to 
     paragraph (1) in the investigation or, if a review has been 
     completed, in the most recently completed review.
       ``(ii) Requests for information.--In an investigation 
     initiated under section 732 or a review conducted under 
     section 751, the administering authority shall request 
     information necessary to calculate the constructed value and 
     cost of production under subsections (e) and (f) to determine 
     whether there are reasonable grounds to believe or suspect 
     that sales of the foreign like product have been made at 
     prices that represent less than the cost of production of the 
     product.''.
       (b) Prices and Costs in Nonmarket Economies.--Section 
     773(c) of the Tariff Act of 1930

[[Page 9507]]

     (19 U.S.C. 1677b(c)) is amended by adding at the end the 
     following:
       ``(5) Discretion to disregard certain price or cost 
     values.--In valuing the factors of production under paragraph 
     (1) for the subject merchandise, the administering authority 
     may disregard price or cost values without further 
     investigation if the administering authority has determined 
     that broadly available export subsidies existed or particular 
     instances of subsidization occurred with respect to those 
     price or cost values or if those price or cost values were 
     subject to an antidumping order.''.

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

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

     SEC. 507. APPLICATION TO CANADA AND MEXICO.

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

              TITLE VI--ADDITIONAL ENFORCEMENT PROVISIONS

     SEC. 601. TRADE ENFORCEMENT PRIORITIES.

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

     ``SEC. 310. TRADE ENFORCEMENT PRIORITIES.

       ``(a) Trade Enforcement Priorities, Consultations, and 
     Report.--
       ``(1) Trade enforcement priorities consultations.--Not 
     later than May 31 of each calendar year that begins after the 
     date of the enactment of the Trade Facilitation and Trade 
     Enforcement Act of 2015, the United States Trade 
     Representative (in this section referred to as the `Trade 
     Representative') shall consult with the Committee on Finance 
     of the Senate and the Committee on Ways and Means of the 
     House of Representatives with respect to the prioritization 
     of acts, policies, or practices of foreign governments that 
     raise concerns with respect to obligations under the WTO 
     Agreements or any other trade agreement to which the United 
     States is a party, or otherwise create or maintain barriers 
     to United States goods, services, or investment.
       ``(2) Identification of trade enforcement priorities.--In 
     identifying acts, policies, or practices of foreign 
     governments as trade enforcement priorities under this 
     subsection, the United States Trade Representative shall 
     focus on those acts, policies, and practices the elimination 
     of which is likely to have the most significant potential to 
     increase United States economic growth, and take into account 
     all relevant factors, including--
       ``(A) the economic significance of any potential 
     inconsistency between an obligation assumed by a foreign 
     government pursuant to a trade agreement to which both the 
     foreign government and the United States are parties and the 
     acts, policies, or practices of that government;
       ``(B) the impact of the acts, policies, or practices of a 
     foreign government on maintaining and creating United States 
     jobs and productive capacity;
       ``(C) the major barriers and trade distorting practices 
     described in the most recent National Trade Estimate required 
     under section 181(b);
       ``(D) the major barriers and trade distorting practices 
     described in other relevant reports addressing international 
     trade and investment barriers prepared by a Federal agency or 
     congressional commission during the 12 months preceding the 
     date of the most recent report under paragraph (3);
       ``(E) a foreign government's compliance with its 
     obligations under any trade agreements to which both the 
     foreign government and the United States are parties;
       ``(F) the implications of a foreign government's 
     procurement plans and policies; and
       ``(G) the international competitive position and export 
     potential of United States products and services.
       ``(3) Report on trade enforcement priorities and actions 
     taken to address.--
       ``(A) In general.--Not later than July 31 of each calendar 
     year that begins after the date of the enactment of the Trade 
     Facilitation and Trade Enforcement Act of 2015, the Trade 
     Representative shall submit to the Committee on Finance of 
     the Senate and the Committee on Ways and Means of the House 
     of Representatives a report on acts, policies, or practices 
     of foreign governments identified as trade enforcement 
     priorities based on the consultations under paragraph (1) and 
     the criteria set forth in paragraph (2).
       ``(B) Report in subsequent years.--The Trade Representative 
     shall include, when reporting under subparagraph (A) in any 
     calendar year after the calendar year that begins after the 
     date of the enactment of the Trade Facilitation and Trade 
     Enforcement Act of 2015, a description of actions taken to 
     address any acts, policies, or practices of foreign 
     governments identified as trade enforcement priorities under 
     this subsection in the calendar year preceding that report 
     and, as relevant, any year before that calendar year.
       ``(b) Semi-annual Enforcement Consultations.--
       ``(1) In general.--At the same time as the reporting under 
     subsection (a)(3), and not later than January 31 of each 
     following year, the Trade Representative shall consult with 
     the Committee on Finance of the Senate and the Committee on 
     Ways and Means of the House of Representatives with respect 
     to the identification, prioritization, investigation, and 
     resolution of acts, policies, or practices of foreign 
     governments of concern with respect to obligations under the 
     WTO Agreements or any other trade agreement to which the 
     United States is a party, or that otherwise create or 
     maintain trade barriers.
       ``(2) Acts, policies, or practices of concern.--The semi-
     annual enforcement consultations required by paragraph (1) 
     shall address acts, policies, or practices of foreign 
     governments that raise concerns with respect to obligations 
     under the WTO Agreements or any other trade agreement to 
     which the United States is a party, or otherwise create or 
     maintain trade barriers, including--
       ``(A) engagement with relevant trading partners;
       ``(B) strategies for addressing such concerns;
       ``(C) availability and deployment of resources to be used 
     in the investigation or resolution of such concerns;
       ``(D) the merits of any potential dispute resolution 
     proceeding under the WTO Agreements or any other trade 
     agreement to which the United States is a party relating to 
     such concerns; and
       ``(E) any other aspects of such concerns.
       ``(3) Active investigations.--The semi-annual enforcement 
     consultations required by paragraph (1) shall address acts, 
     policies, or practices that the Trade Representative is 
     actively investigating with respect to obligations under the 
     WTO Agreements or any other trade agreement to which the 
     United States is a party, including--
       ``(A) strategies for addressing concerns raised by such 
     acts, policies, or practices;
       ``(B) any relevant timeline with respect to investigation 
     of such acts, policies, or practices;
       ``(C) the merits of any potential dispute resolution 
     proceeding under the WTO Agreements or any other trade 
     agreement to which the United States is a party with respect 
     to such acts, policies, or practices;
       ``(D) barriers to the advancement of the investigation of 
     such acts, policies, or practices; and
       ``(E) any other matters relating to the investigation of 
     such acts, policies, or practices.
       ``(4) Ongoing enforcement actions.--The semi-annual 
     enforcement consultations required by paragraph (1) shall 
     address all ongoing enforcement actions taken by or against 
     the United States with respect to obligations under the WTO 
     Agreements or any other trade agreement to which the United 
     States is a party, including--
       ``(A) any relevant timeline with respect to such actions;
       ``(B) the merits of such actions;
       ``(C) any prospective implementation actions;
       ``(D) potential implications for any law or regulation of 
     the United States;
       ``(E) potential implications for United States 
     stakeholders, domestic competitors, and exporters; and
       ``(F) other issues relating to such actions.
       ``(5) Enforcement resources.--The semi-annual enforcement 
     consultations required

[[Page 9508]]

     by paragraph (1) shall address the availability and 
     deployment of enforcement resources, resource constraints on 
     monitoring and enforcement activities, and strategies to 
     address those constraints, including the use of available 
     resources of other Federal agencies to enhance monitoring and 
     enforcement capabilities.
       ``(c) Investigation and Resolution.--In the case of any 
     acts, policies, or practices of a foreign government 
     identified as a trade enforcement priority under subsection 
     (a), the Trade Representative shall, not later than the date 
     of the first semi-annual enforcement consultations held under 
     subsection (b) after the identification of the priority, take 
     appropriate action to address that priority, including--
       ``(1) engagement with the foreign government to resolve 
     concerns raised by such acts, policies, or practices;
       ``(2) initiation of an investigation under section 
     302(b)(1) with respect to such acts, policies, or practices;
       ``(3) initiation of negotiations for a bilateral agreement 
     that provides for resolution of concerns raised by such acts, 
     policies, or practices; or
       ``(4) initiation of dispute settlement proceedings under 
     the WTO Agreements or any other trade agreement to which the 
     United States is a party with respect to such acts, policies, 
     or practices.
       ``(d) Enforcement Notifications and Consultation.--
       ``(1) Initiation of enforcement action.--The Trade 
     Representative shall notify and consult with the Committee on 
     Finance of the Senate and the Committee on Ways and Means of 
     the House of Representatives in advance of initiation of any 
     formal trade dispute by or against the United States taken in 
     regard to an obligation under the WTO Agreements or any other 
     trade agreement to which the United States is a party. With 
     respect to a formal trade dispute against the United States, 
     if advance notification and consultation are not possible, 
     the Trade Representative shall notify and consult at the 
     earliest practicable opportunity after initiation of the 
     dispute.
       ``(2) Circulation of reports.--The Trade Representative 
     shall notify and consult with the Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives in advance of the announced or anticipated 
     circulation of any report of a dispute settlement panel or 
     the Appellate Body of the World Trade Organization or of a 
     dispute settlement panel under any other trade agreement to 
     which the United States is a party with respect to a formal 
     trade dispute by or against the United States.
       ``(e) Definitions.--In this section:
       ``(1) WTO.--The term `WTO' means the World Trade 
     Organization.
       ``(2) WTO agreement.--The term `WTO Agreement' has the 
     meaning given that term in section 2(9) of the Uruguay Round 
     Agreements Act (19 U.S.C. 3501(9)).
       ``(3) WTO agreements.--The term `WTO Agreements' means the 
     WTO Agreement and agreements annexed to that Agreement.''.
       (b) Clerical Amendment.--The table of contents for the 
     Trade Act of 1974 is amended by striking the item relating to 
     section 310 and inserting the following:

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

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

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

     SEC. 603. TRADE MONITORING.

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

     ``SEC. 205. TRADE MONITORING.

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

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

                    TITLE VII--CURRENCY MANIPULATION

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

       (a) Major Trading Partner Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and not less frequently than once 
     every 180 days thereafter, the Secretary shall submit to the 
     appropriate committees of Congress a report on the 
     macroeconomic and currency exchange rate policies of each 
     country that is a major trading partner of the United States.
       (2) Elements.--
       (A) In general.--Each report submitted under paragraph (1) 
     shall contain--
       (i) for each country that is a major trading partner of the 
     United States--

       (I) that country's bilateral trade balance with the United 
     States;
       (II) that country's current account balance as a percentage 
     of its gross domestic product;
       (III) the change in that country's current account balance 
     as a percentage of its gross domestic product during the 3-
     year period preceding the submission of the report;
       (IV) that country's foreign exchange reserves as a 
     percentage of its short-term debt; and
       (V) that country's foreign exchange reserves as a 
     percentage of its gross domestic product; and

       (ii) an enhanced analysis of macroeconomic and exchange 
     rate policies for each country that is a major trading 
     partner of the United States that has--

       (I) a significant bilateral trade surplus with the United 
     States;
       (II) a material current account surplus; and
       (III) engaged in persistent one-sided intervention in the 
     foreign exchange market.

       (B) Enhanced analysis.--Each enhanced analysis under 
     subparagraph (A)(ii) shall include, for each country with 
     respect to which an analysis is made under that 
     subparagraph--
       (i) a description of developments in the currency markets 
     of that country, including, to the greatest extent feasible, 
     developments with respect to currency interventions;
       (ii) a description of trends in the real effective exchange 
     rate of the currency of that country and in the degree of 
     undervaluation of that currency;

[[Page 9509]]

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

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

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

[[Page 9510]]

       (i) lead to significant financial specu1ation in 
     currencies, securities, or commodities; or
       (ii) significantly endanger the stability of any financial 
     institution.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of the Treasury for each 
     fiscal year in which the Committee is in effect $1,000,000 to 
     carry out this section.

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

     SEC. 801. SHORT TITLE.

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

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

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

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

       ``(a) In General.--There is established in the Department 
     an agency to be known as U.S. Customs and Border Protection.
       ``(b) Commissioner of U.S. Customs and Border Protection.--
     There shall be at the head of U.S. Customs and Border 
     Protection a Commissioner of U.S. Customs and Border 
     Protection (in this section referred to as the 
     `Commissioner'), who shall be appointed by the President, by 
     and with the advice and consent of the Senate.
       ``(c) Duties.--The Commissioner shall--
       ``(1) ensure the interdiction of persons and goods 
     illegally entering or exiting the United States;
       ``(2) facilitate and expedite the flow of legitimate 
     travelers and trade;
       ``(3) detect, respond to, and interdict terrorists, drug 
     smugglers and traffickers, human smugglers and traffickers, 
     and other persons who may undermine the security of the 
     United States, in cases in which such persons are entering, 
     or have recently entered, the United States;
       ``(4) safeguard the borders of the United States to protect 
     against the entry of dangerous goods;
       ``(5) oversee the functions of the Office of Trade 
     established under section 802(h) of the Trade Facilitation 
     and Trade Enforcement Act of 2015;
       ``(6) enforce and administer all customs laws of the United 
     States, including the Tariff Act of 1930;
       ``(7) enforce and administer all immigration laws, as such 
     term is defined in paragraph (17) of section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)), as 
     necessary for the inspection, processing, and admission of 
     persons who seek to enter or depart the United States, and as 
     necessary to ensure the detection, interdiction, removal, 
     departure from the United States, short-term detention, and 
     transfer of persons unlawfully entering, or who have recently 
     unlawfully entered, the United States, in coordination with 
     U.S. Immigration and Customs Enforcement and United States 
     Citizenship and Immigration Services;
       ``(8) develop and implement screening and targeting 
     capabilities, including the screening, reviewing, 
     identifying, and prioritizing of passengers and cargo across 
     all international modes of transportation, both inbound and 
     outbound;
       ``(9) in coordination with the Secretary, deploy technology 
     to collect the data necessary for the Secretary to administer 
     the biometric entry and exit data system pursuant to section 
     7208 of the Intelligence Reform and Terrorism Prevention Act 
     of 2004 (8 U.S.C. 1365b);
       ``(10) enforce and administer the laws relating to 
     agricultural import and entry inspection referred to in 
     section 421;
       ``(11) in coordination with the Under Secretary for 
     Management of the Department, ensure U.S. Customs and Border 
     Protection complies with Federal law, the Federal Acquisition 
     Regulation, and the Department's acquisition management 
     directives for major acquisition programs of U.S. Customs and 
     Border Protection;
       ``(12) enforce and administer--
       ``(A) the Container Security Initiative program under 
     section 205 of the Security and Accountability for Every Port 
     Act of 2006 (6 U.S.C. 945; Public Law 109-347); and
       ``(B) the Customs-Trade Partnership Against Terrorism 
     program under sections 211 through 223 of such Act (6 U.S.C. 
     961-973);
       ``(13) conduct polygraph examinations in accordance with 
     section 3(1) of the Anti-Border Corruption Act of 2010 
     (Public Law 111-376);
       ``(14) establish the standard operating procedures 
     described in subsection (k);
       ``(15) carry out the training required under subsection 
     (l); and
       ``(16) carry out other duties and powers prescribed by law 
     or delegated by the Secretary.
       ``(d) Deputy Commissioner.--There shall be in U.S. Customs 
     and Border Protection a Deputy Commissioner who shall assist 
     the Commissioner in the management of U.S. Customs and Border 
     Protection.
       ``(e) U.S. Border Patrol.--
       ``(1) In general.--There is established in U.S. Customs and 
     Border Protection the U.S. Border Patrol.
       ``(2) Chief.--There shall be at the head of the U.S. Border 
     Patrol a Chief, who shall report to the Commissioner.
       ``(3) Duties.--The U.S. Border Patrol shall--
       ``(A) serve as the law enforcement office of U.S. Customs 
     and Border Protection with primary responsibility for 
     interdicting persons attempting to illegally enter or exit 
     the United States or goods being illegally imported into or 
     exported from the United States at a place other than a 
     designated port of entry;
       ``(B) deter and prevent illegal entry of terrorists, 
     terrorist weapons, persons, and contraband; and
       ``(C) carry out other duties and powers prescribed by the 
     Commissioner.
       ``(f) Office of Air and Marine Operations.--
       ``(1) In general.--There is established in U.S. Customs and 
     Border Protection an Office of Air and Marine Operations.
       ``(2) Assistant commissioner.--There shall be at the head 
     of the Office of Air and Marine Operations an Assistant 
     Commissioner, who shall report to the Commissioner.
       ``(3) Duties.--The Office of Air and Marine Operations 
     shall--
       ``(A) serve as the law enforcement office within U.S. 
     Customs and Border Protection with primary responsibility to 
     detect, interdict, and prevent acts of terrorism and the 
     unlawful movement of people, illicit drugs, and other 
     contraband across the borders of the United States in the air 
     and maritime environment;
       ``(B) conduct joint aviation and marine operations with 
     U.S. Immigration and Customs Enforcement;
       ``(C) conduct aviation and marine operations with 
     international, Federal, State, and local law enforcement 
     agencies, as appropriate;
       ``(D) administer the Air and Marine Operations Center 
     established under paragraph (4); and
       ``(E) carry out other duties and powers prescribed by the 
     Commissioner.
       ``(4) Air and marine operations center.--
       ``(A) In general.--There is established in the Office of 
     Air and Marine Operations an Air and Marine Operations 
     Center.
       ``(B) Executive director.--There shall be at the head of 
     the Air and Marine Operations Center an Executive Director, 
     who shall report to the Assistant Commissioner of the Office 
     of Air and Marine Operations.
       ``(C) Duties.--The Air and Marine Operations Center shall--
       ``(i) manage the air and maritime domain awareness of the 
     Department;
       ``(ii) monitor and coordinate the airspace for Unmanned 
     Aerial Systems operations of the Office of Air and Marine 
     Operations in U.S. Customs and Border Protection;
       ``(iii) detect, identify, and coordinate a response to 
     threats to national security in the air domain;
       ``(iv) provide aviation and marine support to other 
     Federal, State, tribal, and local agencies; and
       ``(v) carry out other duties and powers prescribed by the 
     Assistant Commissioner.
       ``(g) Office of Field Operations.--
       ``(1) In general.--There is established in U.S. Customs and 
     Border Protection an Office of Field Operations.
       ``(2) Assistant commissioner.--There shall be at the head 
     of the Office of Field Operations an Assistant Commissioner, 
     who shall report to the Commissioner.
       ``(3) Duties.--The Office of Field Operations shall 
     coordinate the enforcement activities of U.S. Customs and 
     Border Protection at United States air, land, and sea ports 
     of entry to--
       ``(A) deter and prevent terrorists and terrorist weapons 
     from entering the United States at such ports of entry;
       ``(B) conduct inspections at such ports of entry to 
     safeguard the United States from terrorism and illegal entry 
     of persons;
       ``(C) prevent illicit drugs, agricultural pests, and 
     contraband from entering the United States;
       ``(D) in coordination with the Commissioner, facilitate and 
     expedite the flow of legitimate travelers and trade;
       ``(E) administer the National Targeting Center established 
     under paragraph (4); and
       ``(F) carry out other duties and powers prescribed by the 
     Commissioner.
       ``(4) National targeting center.--
       ``(A) In general.--There is established in the Office of 
     Field Operations a National Targeting Center.
       ``(B) Executive director.--There shall be at the head of 
     the National Targeting Center an Executive Director, who 
     shall report to the Assistant Commissioner of the Office of 
     Field Operations.
       ``(C) Duties.--The National Targeting Center shall--
       ``(i) serve as the primary forum for targeting operations 
     within U.S. Customs and Border Protection to collect and 
     analyze traveler and cargo information in advance of arrival 
     in the United States;
       ``(ii) identify, review, and target travelers and cargo for 
     examination;
       ``(iii) coordinate the examination of entry and exit of 
     travelers and cargo;
       ``(iv) develop and conduct commercial risk assessment 
     targeting with respect to cargo destined for the United 
     States;

[[Page 9511]]

       ``(v) issue Trade Alerts pursuant to section 111 of the 
     Trade Facilitation and Trade Enforcement Act of 2015; and
       ``(vi) carry out other duties and powers prescribed by the 
     Assistant Commissioner.
       ``(5) Annual report on staffing.--Not later than 30 days 
     after the date of the enactment of the Trade Facilitation and 
     Trade Enforcement Act of 2015 and annually thereafter, the 
     Assistant Commissioner shall submit to the appropriate 
     congressional committees a report on the staffing model for 
     the Office of Field Operations, including information on how 
     many supervisors, front-line U.S. Customs and Border 
     Protection officers, and support personnel are assigned to 
     each Field Office and port of entry.
       ``(h) Office of Intelligence.--
       ``(1) In general.--There is established in U.S. Customs and 
     Border Protection an Office of Intelligence.
       ``(2) Assistant commissioner.--There shall be at the head 
     of the Office of Intelligence an Assistant Commissioner, who 
     shall report to the Commissioner.
       ``(3) Duties.--The Office of Intelligence shall--
       ``(A) develop, provide, coordinate, and implement 
     intelligence capabilities into a cohesive intelligence 
     enterprise to support the execution of the duties and 
     responsibilities of U.S. Customs and Border Protection;
       ``(B) collect and analyze advance traveler and cargo 
     information;
       ``(C) establish, in coordination with the Chief 
     Intelligence Officer of the Department, as appropriate, 
     intelligence-sharing relationships with Federal, State, 
     local, and tribal agencies and intelligence agencies;
       ``(D) conduct risk-based covert testing of U.S. Customs and 
     Border Protection operations, including for nuclear and 
     radiological risks; and
       ``(E) carry out other duties and powers prescribed by the 
     Commissioner.
       ``(i) Office of International Affairs.--
       ``(1) In general.--There is established in U.S. Customs and 
     Border Protection an Office of International Affairs.
       ``(2) Assistant commissioner.--There shall be at the head 
     of the Office of International Affairs an Assistant 
     Commissioner, who shall report to the Commissioner.
       ``(3) Duties.--The Office of International Affairs, in 
     collaboration with the Office of Policy of the Department, 
     shall--
       ``(A) coordinate and support U.S. Customs and Border 
     Protection's foreign initiatives, policies, programs, and 
     activities;
       ``(B) coordinate and support U.S. Customs and Border 
     Protection's personnel stationed abroad;
       ``(C) maintain partnerships and information sharing 
     agreements and arrangements with foreign governments, 
     international organizations, and United States agencies in 
     support of U.S. Customs and Border Protection duties and 
     responsibilities;
       ``(D) provide necessary capacity building, training, and 
     assistance to foreign border control agencies to strengthen 
     global supply chain and travel security, as appropriate;
       ``(E) coordinate mission support services to sustain U.S. 
     Customs and Border Protection's global activities;
       ``(F) coordinate U.S. Customs and Border Protection's 
     engagement in international negotiations; and
       ``(G) carry out other duties and powers prescribed by the 
     Commissioner.
       ``(j) Office of Internal Affairs.--
       ``(1) In general.--There is established in U.S. Customs and 
     Border Protection an Office of Internal Affairs.
       ``(2) Assistant commissioner.--There shall be at the head 
     of the Office of Internal Affairs an Assistant Commissioner, 
     who shall report to the Commissioner.
       ``(3) Duties.--The Office of Internal Affairs shall--
       ``(A) investigate criminal and administrative matters and 
     misconduct by officers, agents, and other employees of U.S. 
     Customs and Border Protection;
       ``(B) perform investigations of applicants for employment 
     with U.S. Customs and Border Protection and periodic 
     reinvestigations (in accordance with section 3001 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (50 
     U.S.C. 3341; Public Law 108-458)) of officers, agents, and 
     other employees of United States Custom and Border 
     Protection, including investigations to determine suitability 
     for employment and eligibility for access to classified 
     information;
       ``(C) manage integrity of U.S. Customs and Border 
     Protection's counter-intelligence operations, including 
     conduct of counter-intelligence investigations;
       ``(D) conduct research and analysis regarding misconduct of 
     officers, agents, and other employees of U.S. Customs and 
     Border Protection; and
       ``(E) carry out other duties and powers prescribed by the 
     Commissioner.
       ``(k) Standard Operating Procedures.--
       ``(1) In general.--The Commissioner shall establish--
       ``(A) standard operating procedures for searching, 
     reviewing, retaining, and sharing information contained in 
     communication, electronic, or digital devices encountered by 
     U.S. Customs and Border Protection personnel at United States 
     ports of entry;
       ``(B) standard use of force procedures that officers and 
     agents of U.S. Customs and Border Protection may employ in 
     the execution of their duties, including the use of deadly 
     force;
       ``(C) a uniform, standardized, and publically-available 
     procedure for processing and investigating complaints against 
     officers, agents, and employees of U.S. Customs and Border 
     Protection for violations of professional conduct, including 
     the timely disposition of complaints and a written 
     notification to the complainant of the status or outcome, as 
     appropriate, of the related investigation, in accordance with 
     section 552a of title 5, United States Code (commonly 
     referred to as the `Privacy Act' or the `Privacy Act of 
     1974');
       ``(D) an internal, uniform reporting mechanism regarding 
     incidents involving the use of deadly force by an officer or 
     agent of U.S. Customs and Border Protection, including an 
     evaluation of the degree to which the procedures required 
     under subparagraph (B) were followed; and
       ``(E) standard operating procedures, acting through the 
     Assistant Commissioner for Air and Marine Operations and in 
     coordination with the Office for Civil Rights and Civil 
     Liberties and the Office of Privacy of the Department, to 
     provide command, control, communication, surveillance, and 
     reconnaissance assistance through the use of unmanned aerial 
     systems, including the establishment of--
       ``(i) a process for other Federal, State, and local law 
     enforcement agencies to submit mission requests;
       ``(ii) a formal procedure to determine whether to approve 
     or deny such a mission request;
       ``(iii) a formal procedure to determine how such mission 
     requests are prioritized and coordinated; and
       ``(iv) a process regarding the protection and privacy of 
     data and images collected by U.S. Customs and Border 
     Protection through the use of unmanned aerial systems.
       ``(2) Requirements regarding certain notifications.--The 
     standard operating procedures established pursuant to 
     subparagraph (A) of paragraph (1) shall require--
       ``(A) in the case of a search of information conducted on 
     an electronic device by U.S. Customs and Border Protection 
     personnel, the Commissioner to notify the individual subject 
     to such search of the purpose and authority for such search, 
     and how such individual may obtain information on reporting 
     concerns about such search; and
       ``(B) in the case of information collected by U.S. Customs 
     and Border Protection through a search of an electronic 
     device, if such information is transmitted to another Federal 
     agency for subject matter assistance, translation, or 
     decryption, the Commissioner to notify the individual subject 
     to such search of such transmission.
       ``(3) Exceptions.--
       ``(A) In general.--The Commissioner may withhold the 
     notifications required under paragraphs (1)(C) and (2) if the 
     Commissioner determines that such notifications would impair 
     national security, law enforcement, or other operational 
     interests.
       ``(B) Terrorist watch lists.--
       ``(i) Searches.--If the individual subject to search of an 
     electronic device pursuant to subparagraph (A) of paragraph 
     (1) is included on a Government-operated or Government-
     maintained terrorist watch list, the notifications required 
     under paragraph (2) shall not apply.
       ``(ii) Complaints.--If the complainant using the process 
     established under subparagraph (C) of paragraph (1) is 
     included on a Government-operated or Government-maintained 
     terrorist watch list, the notification required under such 
     subparagraph shall not apply.
       ``(4) Update and review.--The Commissioner shall review and 
     update every three years the standard operating procedures 
     required under this subsection.
       ``(5) Audits.--The Inspector General of the Department of 
     Homeland Security shall develop and annually administer an 
     auditing mechanism to review whether searches of electronic 
     devices at or between United States ports of entry are being 
     conducted in conformity with the standard operating 
     procedures required under subparagraph (A) of paragraph (1). 
     Such audits shall be submitted to the appropriate 
     congressional committees and shall include the following:
       ``(A) A description of the activities of officers and 
     agents of U.S. Customs and Border Protection with respect to 
     such searches.
       ``(B) The number of such searches.
       ``(C) The number of instances in which information 
     contained in such devices that were subjected to such 
     searches was retained, copied, shared, or entered in an 
     electronic database.
       ``(D) The number of such devices detained as the result of 
     such searches.
       ``(E) The number of instances in which information 
     collected from such device was subjected to such searches was 
     transmitted to another Federal agency, including whether such 
     transmission resulted in a prosecution or conviction.
       ``(6) Requirements regarding other notifications.--The 
     standard operating procedures established pursuant to 
     subparagraph (B) of paragraph (1) shall require--
       ``(A) in the case of an incident of the use of deadly force 
     by U.S. Customs and Border

[[Page 9512]]

     Protection personnel, the Commissioner to notify the 
     appropriate congressional committees; and
       ``(B) the Commissioner to provide to such committees a copy 
     of the evaluation pursuant to subparagraph (D) of such 
     paragraph not later than 30 days after completion of such 
     evaluation.
       ``(7) Report on unmanned aerial systems.--The Commissioner 
     shall submit to the appropriate congressional committees an 
     annual report that reviews whether the use of unmanned aerial 
     systems are being conducted in conformity with the standard 
     operating procedures required under subparagraph (E) of 
     paragraph (1). Such reports--
       ``(A) shall be submitted with the President's annual 
     budget;
       ``(B) may be submitted in classified form if the 
     Commissioner determines that such is appropriate, and
       ``(C) shall include--
       ``(i) a detailed description of how, where, and for how 
     long data and images collected through the use of unmanned 
     aerial systems by U.S. Customs and Border Protection is 
     collected and stored; and
       ``(ii) a list of Federal, State, and local law enforcement 
     agencies that submitted mission requests in the previous year 
     and the disposition of such requests.
       ``(l) Training.--The Commissioner shall require all 
     officers and agents of U.S. Customs and Border Protection to 
     participate in a specified amount of continuing education (to 
     be determined by the Commissioner) to maintain an 
     understanding of Federal legal rulings, court decisions, and 
     departmental policies, procedures, and guidelines.
       ``(m) Short Term Detention Standards.--
       ``(1) Access to food and water.--The Commissioner shall 
     make every effort to ensure that adequate access to food and 
     water is provided to an individual apprehended and detained 
     at or between a United States port of entry as soon as 
     practicable following the time of such apprehension or during 
     subsequent short term detention.
       ``(2) Access to information on detainee rights at border 
     patrol processing centers.--
       ``(A) In general.--The Commissioner shall ensure that an 
     individual apprehended by a U.S. Border Patrol agent or an 
     Office of Field Operations officer is provided with 
     information concerning such individual's rights, including 
     the right to contact a representative of such individual's 
     government for purposes of United States treaty obligations.
       ``(B) Form.--The information referred to in subparagraph 
     (A) may be provided either verbally or in writing, and shall 
     be posted in the detention holding cell in which such 
     individual is being held. The information shall be provided 
     in a language understandable to such individual.
       ``(3) Short term detention defined.--In this subsection, 
     the term `short term detention' means detention in a U.S. 
     Customs and Border Protection processing center for 72 hours 
     or less, before repatriation to a country of nationality or 
     last habitual residence.
       ``(4) Daytime repatriation.--When practicable, 
     repatriations shall be limited to daylight hours and avoid 
     locations that are determined to have high indices of crime 
     and violence.
       ``(5) Report on procurement process and standards.--Not 
     later than 180 days after the date of the enactment of this 
     section, the Comptroller General of the United States shall 
     submit to the appropriate congressional committees a report 
     on the procurement process and standards of entities with 
     which U.S. Customs and Border Protection has contracts for 
     the transportation and detention of individuals apprehended 
     by agents or officers of U.S. Customs and Border Protection. 
     Such report should also consider the operational efficiency 
     of contracting the transportation and detention of such 
     individuals.
       ``(6) Report on inspections of short-term custody 
     facilities.--The Commissioner shall--
       ``(A) annually inspect all facilities utilized for short 
     term detention; and
       ``(B) make publically available information collected 
     pursuant to such inspections, including information regarding 
     the requirements under paragraphs (1) and (2) and, where 
     appropriate, issue recommendations to improve the conditions 
     of such facilities.
       ``(n) Wait Times Transparency.--
       ``(1) In general.--The Commissioner shall--
       ``(A) publish live wait times at the 20 United States 
     airports that support the highest volume of international 
     travel (as determined by available Federal flight data);
       ``(B) make information about such wait times available to 
     the public in real time through the U.S. Customs and Border 
     Protection Web site;
       ``(C) submit to the appropriate congressional committees 
     quarterly reports that include compilations of all such wait 
     times and a ranking of such United States airports by wait 
     times; and
       ``(D) provide adequate staffing at the U.S. Customs and 
     Border Protection information center to ensure timely access 
     for travelers attempting to submit comments or speak with a 
     representative about their entry experiences.
       ``(2) Calculation.--The wait times referred to in paragraph 
     (1)(A) shall be determined by calculating the time elapsed 
     between an individual's entry into the U.S. Customs and 
     Border Protection inspection area and such individual's 
     clearance by a U.S. Customs and Border Protection officer.
       ``(o) Other Authorities.--
       ``(1) In general.--The Secretary may establish such other 
     offices or Assistant Commissioners (or other similar officers 
     or officials) as the Secretary determines necessary to carry 
     out the missions, duties, functions, and authorities of U.S. 
     Customs and Border Protection.
       ``(2) Notification.--If the Secretary exercises the 
     authority provided pursuant to paragraph (1), the Secretary 
     shall notify the appropriate congressional committees not 
     later than 30 days before exercising such authority.
       ``(p) Other Federal Agencies.--Nothing in this section may 
     be construed as affecting in any manner the authority, 
     existing on the date of the enactment of the Trade 
     Facilitation and Trade Enforcement Act of 2015, of any other 
     Federal agency, including the Transportation Security 
     Administration, with respect to the duties of U.S. Customs 
     and Border Protection described in subsection (c).''.
       (b) Special Rules.--
       (1) Treatment.--Section 411 of the Homeland Security Act of 
     2002, as amended by subsection (a) of this section, shall be 
     treated as if included in such Act as of the date of the 
     enactment of such Act, and, in addition to the functions, 
     missions, duties, and authorities specified in such amended 
     section 411, U.S. Customs and Border Protection shall 
     continue to perform and carry out the functions, missions, 
     duties, and authorities under section 411 of such Act as in 
     existence on the day before such date of enactment, and 
     section 415 of such Act.
       (2) Rules of construction.--
       (A) Rules and regulations.--Notwithstanding paragraph (1), 
     nothing in this title or any amendment made by this title may 
     be construed as affecting in any manner any rule or 
     regulation issued or promulgated pursuant to any provision of 
     law, including section 411 of the Homeland Security Act of 
     2002 as in existence on the day before the date of the 
     enactment of this Act, and any such rule or regulation shall 
     continue to have full force and effect on and after such 
     date.
       (B) Other actions.--Notwithstanding paragraph (1), nothing 
     in this Act may be construed as affecting in any manner any 
     action, determination, policy, or decision pursuant to 
     section 411 of the Homeland Security Act of 2002 as in 
     existence on the day before the date of the enactment of this 
     Act, and any such action, determination, policy, or decision 
     shall continue to have full force and effect on and after 
     such date.
       (c) Continuation in Office.--
       (1) Commissioner.--The individual serving as the 
     Commissioner of Customs on the day before the date of the 
     enactment of this Act may serve as the Commissioner of U.S. 
     Customs and Border Protection on and after such date of 
     enactment until a Commissioner of U.S. Customs and Border 
     Protection is appointed under section 411 of the Homeland 
     Security Act of 2002, as amended by subsection (a) of this 
     section.
       (2) Other positions.--The individuals serving as Assistant 
     Commissioners and other officers and officials under section 
     411 of the Homeland Security Act of 2002 on the day before 
     the date of the enactment of this Act may serve as the 
     appropriate Assistant Commissioners and other officers and 
     officials under such section 411 as amended by subsection (a) 
     of this section unless the Commissioner of U.S. Customs and 
     Border Protection determines that another individual should 
     hold such position or positions.
       (d) Reference.--
       (1) Title 5.--Section 5314 of title 5, United States Code, 
     is amended by striking ``Commissioner of Customs, Department 
     of Homeland Security'' and inserting ``Commissioner of U.S. 
     Customs and Border Protection, Department of Homeland 
     Security''.
       (2) Other references.--On and after the date of the 
     enactment of this Act, any reference in law or regulations to 
     the ``Commissioner of Customs'' or the ``Commissioner of the 
     Customs Service'' shall be deemed to be a reference to the 
     Commissioner of U.S. Customs and Border Protection.
       (e) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.) is amended by striking the item relating to section 411 
     and inserting the following new item:

``Sec. 411. Establishment of U.S. Customs and Border Protection; 
              Commissioner, Deputy Commissioner, and operational 
              offices.''.
       (f) Repeals.--Sections 416 and 418 of the Homeland Security 
     Act of 2002 (6 U.S.C. 216 and 218), and the items relating to 
     such sections in the table of contents in section 1(b) of 
     such Act, are repealed.
       (g) Clerical and Conforming Amendments.--
       (1) In general.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended--
       (A) in title I--
       (i) in section 102(f)(10) (6 U.S.C. 112(f)(10)), by 
     striking ``the Directorate of Border and

[[Page 9513]]

     Transportation Security'' and inserting ``the Commissioner of 
     U.S. Customs and Border Protection''; and
       (ii) in section 103(a)(1) (6 U.S.C. 113(a)(1))--

       (I) in subparagraph (C), by striking ``An Under Secretary 
     for Border and Transportation Security.'' and inserting ``A 
     Commissioner of U.S. Customs and Border Protection.''; and
       (II) in subparagraph (G), by striking ``A Director of the 
     Office of Counternarcotics Enforcement.'' and inserting ``A 
     Director of U.S. Immigration and Customs Enforcement.''; and

       (B) in title IV--
       (i) by striking the title heading and inserting ``BORDER, 
     MARITIME, AND TRANSPORTATION SECURITY'';
       (ii) in subtitle A--

       (I) by striking the subtitle heading and inserting 
     ``Border, Maritime, and Transportation Security 
     Responsibilities and Functions''; and
       (II) in section 402 (6 U.S.C. 202)--

       (aa) in the section heading, by striking 
     ``responsibilities'' and inserting ``border, maritime, and 
     transportation responsibilities''; and
       (bb) by striking ``, acting through the Under Secretary for 
     Border and Transportation Security,'';
       (iii) in subtitle B--

       (I) by striking the subtitle heading and inserting ``U.S. 
     Customs and Border Protection'';
       (II) in section 412(b) (6 U.S.C. 212), by striking ``the 
     United States Customs Service'' each place it appears and 
     inserting ``U.S. Customs and Border Protection'';
       (III) in section 413 (6 U.S.C. 213), by striking 
     ``available to the United States Customs Service or'';
       (IV) in section 414 (6 U.S.C. 214), by striking ``the 
     United States Customs Service'' and inserting ``U.S. Customs 
     and Border Protection''; and
       (V) in section 415 (6 U.S.C. 215)--

       (aa) in paragraph (7), by inserting before the colon the 
     following: ``, and of U.S. Customs and Border Protection on 
     the day before the effective date of the U.S. Customs and 
     Border Protection Authorization Act''; and
       (bb) in paragraph (8), by inserting before the colon the 
     following: ``, and of U.S. Customs and Border Protection on 
     the day before the effective date of the U.S. Customs and 
     Border Protection Authorization Act'';
       (iv) in subtitle C--

       (I) by striking section 424 (6 U.S.C. 234) and inserting 
     the following new section:

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

       ``Notwithstanding any other provision of this Act, the 
     Transportation Security Administration shall be maintained as 
     a distinct entity within the Department.''; and

       (II) in section 430 (6 U.S.C. 238)--

       (aa) by amending subsection (a) to read as follows:
       ``(a) Establishment.--There is established in the 
     Department an Office for Domestic Preparedness.'';
       (bb) in subsection (b), by striking the second sentence; 
     and
       (cc) in subsection (c)(7), by striking ``Directorate'' and 
     inserting ``Department''; and
       (v) in subtitle D--

       (I) in section 441 (6 U.S.C. 251)--

       (aa) by striking the section heading and inserting 
     ``transfer of functions''; and
       (bb) by striking ``Under Secretary for Border and 
     Transportation Security'' and inserting ``Secretary'';

       (II) in section 443 (6 U.S.C. 253)--

       (aa) in the matter preceding paragraph (1), by striking 
     ``Under Secretary for Border and Transportation Security'' 
     and inserting ``Secretary''; and
       (bb) by striking ``the Bureau of Border Security'' and 
     inserting ``U.S. Immigration and Customs Enforcement'' each 
     place it appears; and

       (III) by amending section 444 (6 U.S.C. 254) to read as 
     follows:

     ``SEC. 444. EMPLOYEE DISCIPLINE.

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

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

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

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

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

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

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

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

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

     ``SEC. 4. OFFICE OF TRADE.

       ``(a) In General.--There is established in U.S. Customs and 
     Border Protection an Office of Trade.
       ``(b) Assistant Commissioner.--
       ``(1) In general.--There shall be at the head of the Office 
     of Trade an Assistant Commissioner, who shall report to the 
     Commissioner of U.S. Customs and Border Protection.
       ``(2) Qualifications.--The Assistant Commissioner shall 
     have a minimum of 10 years of professional experience with 
     the customs and trade laws of the United States.
       ``(3) Senior executive service position.--The position of 
     Assistant Commissioner for Trade shall be a Senior Executive 
     Service position (as defined in section 3132(a) of title 5, 
     United States Code).
       ``(c) Duties.--The Office of Trade shall--
       ``(1) direct the development and implementation, pursuant 
     to the customs and trade laws of the United States, of 
     policies and regulations administered by U.S. Customs and 
     Border Protection;
       ``(2) advise the Commissioner with respect to the impact on 
     trade facilitation and trade enforcement of any policy or 
     regulation otherwise proposed or administered by U.S. Customs 
     and Border Protection;
       ``(3) coordinate and cooperate with the Assistant 
     Commissioner for the Office of Field Operations with respect 
     to the trade facilitation and trade enforcement activities of 
     U.S. Customs and Border Protection carried out at the land 
     borders and ports of entry of the United States;
       ``(4) direct the development and implementation of matters 
     relating to the priority trade issues identified by the 
     Commissioner of U.S. Customs and Border Protection in the 
     joint strategic plan on trade facilitation and trade 
     enforcement required under section 123A of the Customs and 
     Trade Act of 1990;
       ``(5) otherwise advise the Commissioner of U.S. Customs and 
     Border Protection with respect to the development and 
     implementation of the joint strategic plan;
       ``(6) direct the trade enforcement activities of U.S. 
     Customs and Border Protection;
       ``(7) oversee the trade modernization activities of U.S. 
     Customs and Border Protection, including the development and 
     implementation of the Automated Commercial Environment 
     computer system authorized under section 13031(f)(5) of the 
     Consolidated Omnibus Budget and Reconciliation Act of 1985 
     (19 U.S.C. 58c(f)(5)) and support for the establishment of 
     the International Trade Data System under the oversight of 
     the Department of Treasury pursuant to section 411(d) of the 
     Tariff Act of 1930 (19 U.S.C. 1411(d));
       ``(8) direct the administration of customs revenue 
     functions as otherwise provided by law or delegated by the 
     Commissioner of U.S. Customs and Border Protection; and
       ``(9) prepare an annual report to be submitted to the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means of the House of Representatives not later than 
     March 1 of each calendar year that includes--
       ``(A) a summary of the changes to customs policies and 
     regulations adopted by U.S. Customs and Border Protection 
     during the preceding calendar year; and
       ``(B) a description of the public vetting and interagency 
     consultation that occurred with respect to each such change.
       ``(d) Transfer of Assets, Functions, and Personnel; 
     Elimination of Offices.--
       ``(1) Office of international trade.--
       ``(A) Transfer.--Not later than 30 days after the date of 
     the enactment of the Trade Facilitation and Trade Enforcement 
     Act of 2015, the Commissioner shall transfer the assets, 
     functions, personnel, and liabilities of the Office of 
     International Trade to the Office of Trade established under 
     subsection (b).
       ``(B) Elimination.--Not later than 30 days after the date 
     of enactment of the Trade Facilitation and Trade Enforcement 
     Act of 2015, the Office of International Trade shall be 
     abolished.
       ``(C) Limitation on funds.--No funds appropriated to U.S. 
     Customs and Border Protection or the Department of Homeland 
     Security may be used to transfer the assets, functions, 
     personnel, and liabilities of the Office of International 
     Trade to an office other than the Office of Trade established 
     under subsection (a).
       ``(D) Office of international trade defined.--In this 
     paragraph, the term `Office of International Trade' means the 
     Office of International Trade established by section 2 of the 
     Act of March 3, 1927 (44. Stat. 1381, chapter 348; 19 U.S.C. 
     2072), as added by section 402 of the Security and 
     Accountability

[[Page 9514]]

     for Every Port Act of 2006 (Public Law 109-347; 120 Stat. 
     1924), and as in effect on the day before the date of the 
     enactment of the Trade Facilitation and Trade Enforcement Act 
     of 2015.
       ``(2) Other transfers.--
       ``(A) In general.--The Commissioner is authorized to 
     transfer any other assets, functions, or personnel within 
     U.S. Customs and Border Protection to the Office of Trade 
     established under subsection (d).
       ``(B) Congressional notification.--Not less than 90 days 
     prior to the transfer of assets, functions, or personnel 
     under subparagraph (A)(i), the Commissioner shall notify the 
     Committee on Finance of the Senate, the Committee on Homeland 
     Security and Government Affairs of the Senate, the Committee 
     on Ways and Means of the House of Representatives, and the 
     Committee on Homeland Security of the House of 
     Representatives of the specific assets, functions, or 
     personnel to be transferred, and the reason for the transfer.
       ``(e) Definitions.--In this section, the terms `customs and 
     trade laws of the United States', `trade enforcement', and 
     `trade facilitation' have the meanings given such terms in 
     section 2 of the Trade Facilitation and Trade Enforcement Act 
     of 2015.''.
       (2) Continuation in office.--The individual serving as the 
     Assistant Commissioner of the Office of International Trade 
     on the day before the date of the enactment of this Act may 
     serve as the Assistant Commissioner for Trade on or after 
     such date of enactment, at the discretion of the 
     Commissioner.
       (3) Conforming amendments.--Section 2 of the Act of March 
     3, 1927 (44. Stat. 1381, chapter 348; 19 U.S.C. 2072), as 
     added by section 402 of the Security and Accountability for 
     Every Port Act of 2006 (Public Law 109-347; 120 Stat. 1924), 
     is amended--
       (A) by striking subsection (d); and
       (B) by redesignating subsections (e) and (f) as subsections 
     (d) and (e), respectively.
       (i) Reports and Assessments.--
       (1) Report on business transformation initiative.--Not 
     later than 90 days after the date of the enactment of this 
     Act, the Commissioner of U.S. Customs and Border Protection 
     shall submit to the Committee on Homeland Security and the 
     Committee on Ways and Means of the House of Representatives 
     and the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Finance of the Senate a report 
     on U.S. Customs and Border Protection's Business 
     Transformation Initiative, including locations where the 
     Initiative is deployed, the types of equipment utilized, a 
     description of protocols and procedures, information on wait 
     times at such locations since deployment, and information 
     regarding the schedule for deployment at new locations.
       (2) Port of entry infrastructure needs assessments.--Not 
     later 180 days after the date of the enactment of this Act, 
     the Commissioner of U.S. Customs and Border Protection shall 
     assess the physical infrastructure and technology needs at 
     the 20 busiest land ports of entry (as measured by U.S. 
     Customs and Border Protection) with a particular attention to 
     identify ways to--
       (A) improve travel and trade facilitation;
       (B) reduce wait times;
       (C) improve physical infrastructure and conditions for 
     individuals accessing pedestrian ports of entry;
       (D) enter into long-term leases with nongovernmental and 
     private sector entities;
       (E) enter into lease-purchase agreements with 
     nongovernmental and private sector entities; and
       (F) achieve cost savings through leases described in 
     subparagraphs (D) and (E).
       (3) Personal searches.--Not later than 90 days after the 
     date of the enactment of this Act, the Commissioner of U.S. 
     Customs and Border Protection shall submit to the Committee 
     on Homeland Security of the House of Representatives and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate a report on supervisor-approved personal searches 
     conducted in the previous year by U.S. Customs and Border 
     Protection personnel. Such report shall include the number of 
     personal searches conducted in each sector and field office, 
     the number of invasive personal searches conducted in each 
     sector and field office, whether personal searches were 
     conducted by Office of Field Operations or U.S. Border Patrol 
     personnel, and how many personal searches resulted in the 
     discovery of contraband.
       (j) Trusted Traveler Programs.--The Secretary of Homeland 
     Security may not enter into or renew an agreement with the 
     government of a foreign country for a trusted traveler 
     program administered by U.S. Customs and Border Protection 
     unless the Secretary certifies in writing that such 
     government--
       (1) routinely submits to INTERPOL for inclusion in 
     INTERPOL's Stolen and Lost Travel Documents database 
     information about lost and stolen passports and travel 
     documents of the citizens and nationals of such country; or
       (2) makes available to the United States Government the 
     information described in paragraph (1) through another means 
     of reporting.
       (k) Sense of Congress Regarding the Foreign Language Award 
     Program.--
       (1) Findings.--Congress finds the following:
       (A) Congress established the Foreign Language Award Program 
     (FLAP) to incentivize employees at United States ports of 
     entry to utilize their foreign language skills on the job by 
     providing a financial incentive for the use of the foreign 
     language for at least ten percent of their duties after 
     passage of competency tests. FLAP incentivizes the use of 
     more than two dozen languages and has been instrumental in 
     identifying and utilizing U.S. Customs and Border Protection 
     officers and agents who are proficient in a foreign language.
       (B) In 1993, Congress provided for dedicated funding for 
     this program by stipulating that certain fees collected by 
     U.S. Customs and Border Protection be used to fund FLAP.
       (C) Through FLAP, foreign travelers are aided by having an 
     officer at a port of entry who speaks their language, and 
     U.S. Customs and Border Protection benefits by being able to 
     focus its border security efforts in a more effective manner.
       (2) Sense of congress.--It is the sense of Congress that 
     FLAP incentivizes U.S. Customs and Border Protection officers 
     to attain and maintain competency in a foreign language, 
     thereby improving the efficiency of operations for the 
     functioning of U.S. Customs and Border Protection's security 
     mission, making the United States a more welcoming place when 
     foreign travelers find officers can communicate in their 
     language, and helping to expedite traveler processing to 
     reduce wait times.

                   TITLE IX--MISCELLANEOUS PROVISIONS

     SEC. 901. DE MINIMIS VALUE.

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

     SEC. 902. CONSULTATION ON TRADE AND CUSTOMS REVENUE 
                   FUNCTIONS.

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

     SEC. 903. PENALTIES FOR CUSTOMS BROKERS.

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

     SEC. 904. AMENDMENTS TO CHAPTER 98 OF THE HARMONIZED TARIFF 
                   SCHEDULE OF THE UNITED STATES.

       (a) Articles Exported and Returned, Advanced or Improved 
     Abroad.--
       (1) In general.--U.S. Note 3 to subchapter II of chapter 98 
     of the Harmonized Tariff Schedule of the United States is 
     amended by adding at the end the following:
       ``(f)(1) For purposes of subheadings 9802.00.40 and 
     9802.00.50, fungible articles exported from the United States 
     for the purposes described in such subheadings--
       ``(A) may be commingled; and
       ``(B) the origin, value, and classification of such 
     articles may be accounted for using an inventory management 
     method.
       ``(2) If a person chooses to use an inventory management 
     method under this paragraph with respect to fungible 
     articles, the person shall use the same inventory management 
     method for any other articles with respect to which the 
     person claims fungibility under this paragraph.
       ``(3) For the purposes of this paragraph--
       ``(A) the term `fungible articles' means merchandise or 
     articles that, for commercial purposes, are identical or 
     interchangeable in all situations; and
       ``(B) the term `inventory management method' means any 
     method for managing inventory that is based on generally 
     accepted accounting principles.''.
       (2) Effective date.--The amendment made by this subsection 
     applies to articles classifiable under subheading 9802.00.40 
     or 9802.00.50 of the Harmonized Tariff Schedule

[[Page 9515]]

     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

[[Page 9516]]

     on the exportation of an article shall provide proof of the 
     exportation of the article. Such proof of exportation--
       ``(1) shall establish fully the date and fact of 
     exportation and the identity of the exporter; and
       ``(2) may be established through the use of records kept in 
     the normal course of business or through an electronic export 
     system of the United States Government, as determined by the 
     Commissioner of U.S. Customs and Border Protection.''.
       (e) Unused Merchandise Drawback.--Section 313(j) of the 
     Tariff Act of 1930 (19 U.S.C. 1313(j)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), in the matter preceding clause 
     (i)--
       (i) by striking ``3-year'' and inserting ``5-year''; and
       (ii) by inserting ``and before the drawback claim is 
     filed'' after ``the date of importation''; and
       (B) in the flush text at the end, by striking ``99 percent 
     of the amount of each duty, tax, or fee so paid'' and 
     inserting ``an amount calculated pursuant to regulations 
     prescribed by the Secretary of the Treasury under subsection 
     (l)'';
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``paragraph (4)'' and inserting ``paragraphs (4), (5), and 
     (6)'';
       (B) in subparagraph (A), by striking ``commercially 
     interchangeable with'' and inserting ``classifiable under the 
     same 8-digit HTS subheading number as'';
       (C) in subparagraph (B)--
       (i) by striking ``3-year'' and inserting ``5-year''; and
       (ii) by inserting ``and before the drawback claim is 
     filed'' after ``the imported merchandise''; and
       (D) in subparagraph (C)(ii), by striking subclause (II) and 
     inserting the following:

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

       (E) in the flush text at the end--
       (i) by striking ``the amount of each such duty, tax, and 
     fee'' and all that follows through ``99 percent of that duty, 
     tax, or fee'' and inserting ``an amount calculated pursuant 
     to regulations prescribed by the Secretary of the Treasury 
     under subsection (l) shall be refunded as drawback''; and
       (ii) by striking the last sentence and inserting the 
     following: ``Notwithstanding subparagraph (A), drawback shall 
     be allowed under this paragraph with respect to wine if the 
     imported wine and the exported wine are of the same color and 
     the price variation between the imported wine and the 
     exported wine does not exceed 50 percent. Transfers of 
     merchandise may be evidenced by business records kept in the 
     normal course of business and no additional certificates of 
     transfer shall be required.''; and
       (3) in paragraph (3)(B), by striking ``the commercially 
     interchangeable merchandise'' and inserting ``merchandise 
     classifiable under the same 8-digit HTS subheading number as 
     such imported merchandise''; and
       (4) by adding at the end the following:
       ``(5)(A) For purposes of paragraph (2) and except as 
     provided in subparagraph (B), merchandise may not be 
     substituted for imported merchandise for drawback purposes 
     based on the 8-digit HTS subheading number if the article 
     description for the 8-digit HTS subheading number under which 
     the imported merchandise is classified begins with the term 
     `other'.
       ``(B) In cases described in subparagraph (A), merchandise 
     may be substituted for imported merchandise for drawback 
     purposes if--
       ``(i) the other merchandise and such imported merchandise 
     are classifiable under the same 10-digit HTS statistical 
     reporting number; and
       ``(ii) the article description for that 10-digit HTS 
     statistical reporting number does not begin with the term 
     `other'.
       ``(6)(A) For purposes of paragraph (2), a drawback claimant 
     may use the first 8 digits of the 10-digit Schedule B number 
     for merchandise or an article to determine if the merchandise 
     or article is classifiable under the same 8-digit HTS 
     subheading number as the imported merchandise, without regard 
     to whether the Schedule B number corresponds to more than one 
     8-digit HTS subheading number.
       ``(B) In this paragraph, the term `Schedule B' means the 
     Department of Commerce Schedule B, Statistical Classification 
     of Domestic and Foreign Commodities Exported from the United 
     States.''.
       (f) Liability for Drawback Claims.--Section 313(k) of the 
     Tariff Act of 1930 (19 U.S.C. 1313(k)) is amended to read as 
     follows:
       ``(k) Liability for Drawback Claims.--
       ``(1) In general.--Any person making a claim for drawback 
     under this section shall be liable for the full amount of the 
     drawback claimed.
       ``(2) Liability of importers.--An importer shall be liable 
     for any drawback claim made by another person with respect to 
     merchandise imported by the importer in an amount equal to 
     the lesser of--
       ``(A) the amount of duties, taxes, and fees that the person 
     claimed with respect to the imported merchandise; or
       ``(B) the amount of duties, taxes, and fees that the 
     importer authorized the other person to claim with respect to 
     the imported merchandise.
       ``(3) Joint and several liability.--Persons described in 
     paragraphs (1) and (2) shall be jointly and severally liable 
     for the amount described in paragraph (2).''.
       (g) Regulations.--Section 313(l) of the Tariff Act of 1930 
     (19 U.S.C. 1313(l)) is amended to read as follows:
       ``(l) Regulations.--
       ``(1) In general.--Allowance of the privileges provided for 
     in this section shall be subject to compliance with such 
     rules and regulations as the Secretary of the Treasury shall 
     prescribe.
       ``(2) Calculation of drawback.--
       ``(A) In general.--Not later than the date that is 2 years 
     after the date of the enactment of the Trade Facilitation and 
     Trade Enforcement Act of 2015 (or, if later, the effective 
     date provided for in section 906(q)(2)(B) of that Act), the 
     Secretary shall prescribe regulations for determining the 
     calculation of amounts refunded as drawback under this 
     section.
       ``(B) Claims with respect to unused merchandise.--The 
     regulations required by subparagraph (A) for determining the 
     calculation of amounts refunded as drawback under this 
     section shall provide for a refund of equal to 99 percent of 
     the duties, taxes, and fees paid with respect to the imported 
     merchandise, except that where there is substitution of the 
     merchandise or article, then--
       ``(i) in the case of an article that is exported, the 
     amount of the refund shall be equal to 99 percent of the 
     lesser of--

       ``(I) the amount of duties, taxes, and fees paid with 
     respect to the imported merchandise; or
       ``(II) the amount of duties, taxes, and fees that would 
     apply to the exported article if the exported article were 
     imported; and

       ``(ii) in the case of an article that is destroyed, the 
     amount of the refund shall be an amount that is--

       ``(I) equal to 99 percent of the lesser of--

       ``(aa) the amount of duties, taxes, and fees paid with 
     respect to the imported merchandise; and
       ``(bb) the amount of duties, taxes, and fees that would 
     apply to the destroyed article if the destroyed article were 
     imported; and

       ``(II) reduced by the value of materials recovered during 
     destruction as provided in subsection (x).

       ``(C) Claims with respect to articles into which substitute 
     merchandise is incorporated.--The regulations required by 
     subparagraph (A) for determining the calculation of amounts 
     refunded as drawback under this section shall provide for a 
     refund of 99 percent of the duties, taxes, and fees paid with 
     respect to the imported merchandise incorporated into an 
     article that is exported or destroyed, except that where 
     there is substitution of the imported merchandise, then--
       ``(i) in the case of an article that is exported, the 
     amount of the refund shall be equal to 99 percent of the 
     lesser of--

       ``(I) the amount of duties, taxes, and fees paid with 
     respect to the imported merchandise; or
       ``(II) the amount of duties, taxes, and fees that would 
     apply to the substituted merchandise if the substituted 
     merchandise were imported; and

       ``(ii) in the case of an article that is destroyed, the 
     amount of the refund shall be an amount that is--

       ``(I) equal to 99 percent of the lesser of--

       ``(aa) the amount of duties, taxes, and fees paid with 
     respect to the imported merchandise; and
       ``(bb) the amount of duties, taxes, and fees that would 
     apply to the substituted merchandise if the substituted 
     merchandise were imported; and

       ``(II) reduced by the value of materials recovered during 
     destruction as provided in subsection (x).

       ``(3) Status reports on regulations.--Not later than the 
     date that is one year after the date of the enactment of the 
     Trade Facilitation and Trade Enforcement Act of 2015, and 
     annually thereafter until the regulations required by 
     paragraph (2) are final, the Secretary shall submit to 
     Congress a report on the status of those regulations.''.
       (h) Substitution of Finished Petroleum Derivatives.--
     Section 313(p) of the Tariff Act of 1930 (19 U.S.C. 1313(p)) 
     is amended--
       (1) by striking ``Harmonized Tariff Schedule of the United 
     States'' each place it appears and inserting ``HTS''; and
       (2) in paragraph (3)(A)--
       (A) in clause (ii)(III), by striking ``, as so certified in 
     a certificate of delivery or certificate of manufacture and 
     delivery''; and
       (B) in the flush text at the end--
       (i) by striking ``, so designated on the certificate of 
     delivery or certificate of manufacture and delivery''; and

[[Page 9517]]

       (ii) by striking the last sentence and inserting the 
     following: ``The party transferring the merchandise shall 
     maintain records kept in the normal course of business to 
     demonstrate the transfer.''.
       (i) Packaging Material.--Section 313(q) of the Tariff Act 
     of 1930 (19 U.S.C. 1313(q)) is amended--
       (1) in paragraph (1), by striking ``of 99 percent of any 
     duty, tax, or fee imposed under Federal law on such imported 
     material'' and inserting ``in an amount calculated pursuant 
     to regulations prescribed by the Secretary of the Treasury 
     under subsection (l)'';
       (2) in paragraph (2), by striking ``of 99 percent of any 
     duty, tax, or fee imposed under Federal law on the imported 
     or substituted merchandise used to manufacture or produce 
     such material'' and inserting ``in an amount calculated 
     pursuant to regulations prescribed by the Secretary of the 
     Treasury under subsection (l)''; and
       (3) in paragraph (3), by striking ``they contain'' and 
     inserting ``it contains''.
       (j) Filing of Drawback Claims.--Section 313(r) of the 
     Tariff Act of 1930 (19 U.S.C. 1313(r)) is amended--
       (1) in paragraph (1)--
       (A) by striking the first sentence and inserting the 
     following: ``A drawback entry shall be filed or applied for, 
     as applicable, not later than 5 years after the date on which 
     merchandise on which drawback is claimed was imported.'';
       (B) in the second sentence, by striking ``3-year'' and 
     inserting ``5-year''; and
       (C) in the third sentence, by striking ``the Customs 
     Service'' and inserting ``U.S. Customs and Border 
     Protection'';
       (2) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking ``The 
     Customs Service'' and inserting ``U.S. Customs and Border 
     Protection'';
       (ii) in clauses (i) and (ii), by striking ``the Customs 
     Service'' each place it appears and inserting ``U.S. Customs 
     and Border Protection''; and
       (iii) in clause (ii)(I), by striking ``3-year'' and 
     inserting ``5-year''; and
       (B) in subparagraph (B), by striking ``the periods of time 
     for retaining records set forth in subsection (t) of this 
     section and'' and inserting ``the period of time for 
     retaining records set forth in''; and
       (3) by adding at the end the following:
       ``(4) All drawback claims filed on and after the date that 
     is 2 years after the date of the enactment of the Trade 
     Facilitation and Trade Enforcement Act of 2015 (or, if later, 
     the effective date provided for in section 906(q)(2)(B) of 
     that Act) shall be filed electronically.''.
       (k) Designation of Merchandise by Successor.--Section 
     313(s) of the Tariff Act of 1930 (19 U.S.C. 1313(s)) is 
     amended--
       (1) in paragraph (2), by striking subparagraph (B) and 
     inserting the following:
       ``(B) subject to paragraphs (5) and (6) of subsection (j), 
     imported merchandise, other merchandise classifiable under 
     the same 8-digit HTS subheading number as such imported 
     merchandise, or any combination of such imported merchandise 
     and such other merchandise, that the predecessor received, 
     before the date of succession, from the person who imported 
     and paid any duties, taxes, and fees due on the imported 
     merchandise;''; and
       (2) in paragraph (4), by striking ``certifies that'' and 
     all that follows and inserting ``certifies that the 
     transferred merchandise was not and will not be claimed by 
     the predecessor.''.
       (l) Drawback Certificates.--Section 313 of the Tariff Act 
     of 1930 (19 U.S.C. 1313) is amended by striking subsection 
     (t).
       (m) Drawback for Recovered Materials.--Section 313(x) of 
     the Tariff Act of 1930 (19 U.S.C. 1313(x)) is amended by 
     striking ``and (c)'' and inserting ``(c), and (j)''.
       (n) Definitions.--Section 313 of the Tariff Act of 1930 (19 
     U.S.C. 1313) is amended by adding at the end the following:
       ``(z) Definitions.--In this section:
       ``(1) Directly.--The term `directly' means a transfer of 
     merchandise or an article from one person to another person 
     without any intermediate transfer.
       ``(2) HTS.--The term `HTS' means the Harmonized Tariff 
     Schedule of the United States.
       ``(3) Indirectly.--The term `indirectly' means a transfer 
     of merchandise or an article from one person to another 
     person with one or more intermediate transfers.''.
       (o) Recordkeeping.--Section 508(c)(3) of the Tariff Act of 
     1930 (19 U.S.C. 1508(c)(3)) is amended--
       (1) by striking ``3rd'' and inserting ``5th''; and
       (2) by striking ``payment'' and inserting ``liquidation''.
       (p) Government Accountability Office Report.--
       (1) In general.--Not later than one year after the issuance 
     of the regulations required by subsection (l)(2) of section 
     313 of the Tariff Act of 1930, as added by subsection (g) of 
     this section, the Comptroller General of the United States 
     shall submit to the Committee on Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives a report on the modernization of drawback and 
     refunds under section 313 of the Tariff Act of 1930, as 
     amended by this section.
       (2) Contents.--The report required by paragraph (1) include 
     the following:
       (A) An assessment of the modernization of drawback and 
     refunds under section 313 of the Tariff Act of 1930, as 
     amended by this section.
       (B) A description of drawback claims that were permissible 
     before the effective date provided for in subsection (q) that 
     are not permissible after that effective date and an 
     identification of industries most affected.
       (C) A description of drawback claims that were not 
     permissible before the effective date provided for in 
     subsection (q) that are permissible after that effective date 
     and an identification of industries most affected.
       (q) Effective Date.--
       (1) In general.--The amendments made by this section 
     shall--
       (A) take effect on the date of the enactment of this Act; 
     and
       (B) apply to drawback claims filed on or after the date 
     that is 2 years after such date of enactment.
       (2) Reporting of operability of automated commercial 
     environment computer system.--Not later than one year after 
     the date of the enactment of this Act, and not later than 2 
     years after such date of enactment, the Secretary of the 
     Treasury shall submit to Congress a report on--
       (A) the date on which the Automated Commercial Environment 
     will be ready to process drawback claims; and
       (B) the date on which the Automated Export System will be 
     ready to accept proof of exportation under subsection (i) of 
     section 313 of the Tariff Act of 1930, as amended by 
     subsection (d).
       (3) Transition rule.--During the one-year period beginning 
     on the date that is 2 years after the date of the enactment 
     of this Act (or, if later, the effective date provided for in 
     paragraph (2)(B)), a person may elect to file a claim for 
     drawback under--
       (A) section 313 of the Tariff Act of 1930, as amended by 
     this section; or
       (B) section 313 of the Tariff Act of 1930, as in effect on 
     the day before the date of the enactment of this Act.

     SEC. 907. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

       (a) Annual Report on Trade Agreements Program and National 
     Trade Policy Agenda.--Section 163(a) of the Trade Act of 1974 
     (19 U.S.C. 2213(a)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) the operation of all United States Trade 
     Representative-led interagency programs during the preceding 
     year and for the year in which the report is submitted.''; 
     and
       (2) by adding at the end the following:
       ``(4) The report shall include, with respect to the matters 
     referred to in paragraph (1)(C), information regarding--
       ``(A) the objectives and priorities of all United States 
     Trade Representative-led interagency programs for the year, 
     and the reasons therefor;
       ``(B) the actions proposed, or anticipated, to be 
     undertaken during the year to achieve such objectives and 
     priorities, including actions authorized under the trade laws 
     and negotiations with foreign countries;
       ``(C) the role of each Federal agency participating in the 
     interagency program in achieving such objectives and 
     priorities and activities of each agency with respect to 
     their participation in the program;
       ``(D) the United States Trade Representative's coordination 
     of each participating Federal agency to more effectively 
     achieve such objectives and priorities;
       ``(E) any proposed legislation necessary or appropriate to 
     achieve any of such objectives or priorities; and
       ``(F) the progress that was made during the preceding year 
     in achieving such objectives and priorities and coordination 
     activities included in the statement provided for such year 
     under this paragraph.''.
       (b) Resource Management and Staffing Plans.--
       (1) Annual plan.--
       (A) In general.--The United States Trade Representative 
     shall on an annual basis develop a plan--
       (i) to match available resources of the Office of the 
     United States Trade Representative to projected workload and 
     provide a detailed analysis of how the funds allocated from 
     the prior fiscal year to date have been spent;
       (ii) to identify existing staff of the Office and new staff 
     that will be necessary to support the trade negotiation and 
     enforcement functions and powers of the Office (including 
     those of the Trade Policy Staff Committee) as described in 
     section 141 of the Trade Act of 1974 (19 U.S.C. 2171) and 
     section 301 of the Trade Act of 1974 (19 U.S.C. 2411);
       (iii) to identify existing staff of the Office and staff of 
     other Federal agencies who will be required to be detailed to 
     support United States Trade Representative-led interagency 
     programs, including any associated expenses; and
       (iv) to provide a detailed analysis of the budgetary 
     requirements of United States Trade Representative-led 
     interagency programs for the next fiscal year and provide a

[[Page 9518]]

     detailed analysis of how the funds allocated from the prior 
     fiscal year to date have been spent.
       (B) Report.--The United States Trade Representative shall 
     submit to the Committee on Ways and Means and the Committee 
     on Appropriations of the House of Representatives and the 
     Committee on Finance and the Committee on Appropriations of 
     the Senate a report that contains the plan required under 
     subparagraph (A). The report required under this subparagraph 
     shall be submitted in conjunction with the annual budget of 
     the United States Government required to be submitted to 
     Congress under section 1105 of title 31, United States Code.
       (2) Quadrennial plan.--
       (A) In general.--Pursuant to the goals and objectives of 
     the strategic plan of the Office of the United States Trade 
     Representative as required under section 306 of title 5, 
     United States Code, the United States Trade Representative 
     shall every 4 years develop a plan--
       (i) to analyze internal quality controls and record 
     management of the Office;
       (ii) to identify existing staff of the Office and new staff 
     that will be necessary to support the trade negotiation and 
     enforcement functions and powers of the Office (including 
     those of the Trade Policy Staff Committee) as described in 
     section 141 of the Trade Act of 1974 (19 U.S.C. 2171) and 
     section 301 of the Trade Act of 1974 (19 U.S.C. 2411);
       (iii) to identify existing staff of the Office and staff in 
     other Federal agencies who will be required to be detailed to 
     support United States Trade Representative-led interagency 
     programs, including any associated expenses;
       (iv) to provide an outline of budget justifications, 
     including salaries and expenses as well as non-personnel 
     administrative expenses, for the fiscal years required under 
     the strategic plan; and
       (v) to provide an outline of budget justifications, 
     including salaries and expenses as well as non-personnel 
     administrative expenses, for United States Trade 
     Representative-led interagency programs for the fiscal years 
     required under the strategic plan.
       (B) Report.--
       (i) In general.--The United States Trade Representative 
     shall submit to the Committee on Ways and Means and the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Finance and the Committee on 
     Appropriations of the Senate a report that contains the plan 
     required under subparagraph (A). Except as provided in clause 
     (ii), the report required under this clause shall be 
     submitted in conjunction with the strategic plan of the 
     Office as required under section 306 of title 5, United 
     States Code.
       (ii) Exception.--The United States Trade Representative 
     shall submit to the congressional committees specified in 
     clause (i) an initial report that contains the plan required 
     under subparagraph (A) not later than February 1, 2016.

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

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

[[Page 9519]]

       (f) Definitions.--In this section:
       (1) Boycott, divestment from, and sanctions against 
     israel.--The term ``boycott, divestment from, and sanctions 
     against Israel'' means actions by states, non-member states 
     of the United Nations, international organizations, or 
     affiliated agencies of international organizations that are 
     politically motivated and are intended to penalize or 
     otherwise limit commercial relations specifically with Israel 
     or persons doing business in Israel or in Israeli-controlled 
     territories.
       (2) Domestic court.--The term ``domestic court'' means a 
     Federal court of the United States, or a court of any State 
     or territory of the United States or of the District of 
     Columbia.
       (3) Foreign court.--The term ``foreign court'' means a 
     court, an administrative body, or other tribunal of a foreign 
     country.
       (4) Foreign judgment.--The term ``foreign judgment'' means 
     a final civil judgment rendered by a foreign court.
       (5) Foreign person.--The term ``foreign person'' means--
       (A) any natural person who is not lawfully admitted for 
     permanent residence (as defined in section 101(a)(20) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(20)) or who 
     is not a protected individual (as defined in section 
     274B(a)(3) of such Act (8 U.S.C. 1324b(a)(3)); or
       (B) any foreign corporation, business association, 
     partnership, trust, society or any other entity or group that 
     is not incorporated or organized to do business in the United 
     States, as well as any international organization, foreign 
     government and any agency or subdivision of foreign 
     government, including a diplomatic mission.
       (6) Person.--
       (A) In general.--The term ``person'' means--
       (i) a natural person;
       (ii) a corporation, business association, partnership, 
     society, trust, financial institution, insurer, underwriter, 
     guarantor, and any other business organization, any other 
     nongovernmental entity, organization, or group, and any 
     governmental entity operating as a business enterprise; and
       (iii) any successor to any entity described in clause (ii).
       (B) Application to governmental entities.--The term 
     ``person'' does not include a government or governmental 
     entity that is not operating as a business enterprise.
       (7) United states person.--The term ``United States 
     person'' means--
       (A) a natural person who is a national of the United States 
     (as defined in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22))); or
       (B) a corporation or other legal entity which is organized 
     under the laws of the United States, any State or territory 
     thereof, or the District of Columbia, if natural persons 
     described in subparagraph (A) own, directly or indirectly, 
     more than 50 percent of the outstanding capital stock or 
     other beneficial interest in such legal entity.

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

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

     SEC. 910. CUSTOMS USER FEES.

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

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

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

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

       (a) Immigration Laws of the United States.--Section 102(a) 
     of the Bipartisan Congressional Trade Priorities and 
     Accountability Act of 2015 is amended--
       (1) in paragraph (12), by striking ``and'' at the end;
       (2) in paragraph (13), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(14) to ensure that trade agreements do not require 
     changes to the immigration laws of the United States or 
     obligate the United States to grant access or expand access 
     to visas issued under section 101(a)(15) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)).''.
       (b) Global Warming.--Section 102(a) of the Bipartisan 
     Congressional Trade Priorities and Accountability Act of 
     2015, as amended by subsection (a) of this section, is 
     amended--
       (1) in paragraph (13), by striking ``and'' at the end;
       (2) in paragraph (14), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(15) to ensure that trade agreements do not require 
     changes to U.S. law or obligate the United States with 
     respect to global warming or climate change.''.
       (c) Fisheries Negotiations.--Section 102(b) of the 
     Bipartisan Congressional Trade Priorities and Accountability 
     Act of 2015 is amended by adding at the end the following:
       ``(22) Fisheries negotiations.--The principal negotiating 
     objectives of the United States with respect to trade in 
     fish, seafood, and shellfish products are to obtain 
     competitive opportunities for United States exports of fish, 
     seafood, and shellfish products in foreign markets 
     substantially equivalent to the competitive opportunities 
     afforded foreign exports of fish, seafood, and shellfish 
     products in United States markets and to achieve fairer and 
     more open conditions of trade in fish, seafood, and shellfish 
     products, including by reducing or eliminating tariff and

[[Page 9520]]

     non-tariff barriers and eliminating subsidies that distort 
     trade.''.
       (d) Accreditation.--Section 104(c)(2)(C) of the Bipartisan 
     Congressional Trade Priorities and Accountability Act of 2015 
     is amended by inserting after the first sentence the 
     following: ``In addition, the chairman and ranking members 
     described in subparagraphs (A)(i) and (B)(i) shall each be 
     permitted to designate up to 3 personnel with proper security 
     clearances to serve as delegates to such negotiations.''.
       (e) Trafficking in Persons.--Section 106(b)(6) of the 
     Bipartisan Congressional Trade Priorities and Accountability 
     Act of 2015 is amended--
       (1) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (2) by inserting after subparagraph (A) the following:
       ``(B) Exception.--
       ``(i) Invoking exception.--If the President submits to the 
     appropriate congressional committees a letter stating that a 
     country to which subparagraph (A) applies has taken concrete 
     actions to implement the principal recommendations with 
     respect to that country in the most recent annual report on 
     trafficking in persons, this paragraph shall not apply with 
     respect to agreements with that country.
       ``(ii) Content of letter; public availability.--A letter 
     submitted under clause (i) with respect to a country shall--

       ``(I) include a description of the concrete actions that 
     the country has taken to implement the principal 
     recommendations described in clause (i); and
       ``(II) be made available to the public.

       ``(iii) Appropriate congressional committees defined.--In 
     this subparagraph, the term `appropriate congressional 
     committees' means--

       ``(I) the Committee on Ways and Means and the Committee on 
     Foreign Affairs of the House of Representatives; and
       ``(II) the Committee on Finance and the Committee on 
     Foreign Relations of the Senate.'';

       (f) Technical Amendments.--The Bipartisan Congressional 
     Trade Priorities and Accountability Act of 2015 is amended--
       (1) in section 105(b)(3)--
       (A) in subparagraph (A)(ii), by striking ``section 
     102(b)(16)'' and inserting ``section 102(b)(17)''; and
       (B) in subparagraph (B)(ii), by striking ``section 
     102(b)(16)'' and inserting ``section 102(b)(17)''; and
       (2) in section 106(b)(5), by striking ``section 
     102(b)(15)(C)'' and inserting ``section 102(b)(16)(C)''.
       (g) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the 
     Bipartisan Congressional Trade Priorities and Accountability 
     Act of 2015.

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

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

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

       Not later than June 1, 2016, the United States 
     International Trade Commission shall submit to the Committee 
     on Finance of the Senate and the Committee on Ways and Means 
     of the House of Representatives a report on the 
     competitiveness of the United States recreational performance 
     outwear industry and its effects on the United States 
     economy, including an assessment of duty structures on inputs 
     as well as finished products and global supply chains.

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

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

  The SPEAKER pro tempore. Pursuant to House Resolution 305, the motion 
shall be debatable for 1 hour equally divided and controlled by the 
chair and ranking minority member of the Committee on Ways and Means.
  The gentleman from Ohio (Mr. Tiberi) and the gentleman from Michigan 
(Mr. Levin) each will control 30 minutes.
  The Chair recognizes the gentleman from Ohio.


                             General Leave

  Mr. TIBERI. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
and include extraneous material on H.R. 644, the Trade Facilitation and 
Trade Enforcement Act of 2015, currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  Mr. TIBERI. Mr. Speaker, I include an exchange of letters between the 
committees of jurisdiction in the Record at this point.

                                         House of Representatives,


                               Committee on Homeland Security,

                                     Washington, DC, May 14, 2015.
     Hon. Paul Ryan,
     Chairman, Committee on Ways and Means, Rayburn House Office 
         Building, Washington, DC.
       Dear Chairman Ryan: I am writing to you concerning the 
     jurisdictional interest of the Committee on Homeland Security 
     in H.R. 1907, the ``Trade Facilitation and Trade Enforcement 
     Act of 2015.'' The bill includes provisions that fall within 
     the jurisdiction of the Committee on Homeland Security.
       I recognize and appreciate the desire to bring this 
     legislation before the House of Representatives in an 
     expeditious manner, and accordingly, the Committee on 
     Homeland Security will forego consideration of this bill. The 
     Committee takes this action with the mutual understanding 
     that by foregoing consideration of H.R. 1907 at this time, we 
     do not waive any jurisdiction over subject matter contained 
     in this or similar legislation, and that our Committee will 
     be appropriately consulted and involved as this bill or 
     similar legislation moves forward so that we may address any 
     remaining issues in our jurisdiction.
       This waiver is also given with the understanding that the 
     Committee on Homeland Security expressly reserves its 
     authority to seek conferees on any provision within its 
     jurisdiction during any House-Senate conference that may be 
     convened on this or any similar legislation, and requests 
     your support for such a request.
       I would appreciate your response to this letter confirming 
     this understanding with respect to H.R. 1907, and ask that a 
     copy of this letter and your response be included in the 
     Committee report on the bill as well as in the Congressional 
     Record during consideration of this bill on the House floor.
           Sincerely,

                                            Michael T. McCaul,

                                                         Chairman,
     Committee on Homeland Security.
                                  ____

                                      Committee on Ways and Means,


                                     House of Representatives,

                                     Washington, DC, May 14, 2015.
     Hon. Michael T. McCaul,
     Chairman, Committee on Homeland Security, Ford House Office 
         Building, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding the 
     Committee's jurisdictional interest in H.R. 1907, the Trade 
     Facilitation and Trade Enforcement Act of 2015, and your 
     willingness to forego consideration by your committee.
       I agree that the Committee on Homeland Security has a valid 
     jurisdictional interest in certain provisions of the bill and 
     that the Committee's jurisdiction will not be adversely 
     affected by your decision to forego consideration. As you 
     have requested, I will support your request for an 
     appropriate appointment of outside conferees from your 
     committee in the event of a House-Senate conference on this 
     or similar legislation should such a conference be convened.
       Finally, I will include a copy of your letter and this 
     response in the Congressional Record during the floor 
     consideration of H.R. 1907. Thank you again for your 
     cooperation.
           Sincerely,
                                                        Paul Ryan,
                                                         Chairman.

[[Page 9521]]

     
                                  ____
                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                      Washington, DC, May 1, 2015.
     Hon. Paul Ryan,
     Chairman, Committee on Ways and Means, Longworth House Office 
         Building, Washington, DC.
       Dear Chairman Ryan: Thank you for consulting with the 
     Foreign Affairs Committee on H.R. 1907, the Trade 
     Facilitation and Trade Enforcement Act of 2015, which was 
     referred to us on April 21, 2015.
       I agree that the Foreign Affairs Committee may be 
     discharged from further action on this bill so that it may 
     proceed expeditiously to the Floor, subject to the 
     understanding that this waiver does not in any way diminish 
     or alter the jurisdiction of the Foreign Affairs Committee, 
     or prejudice its jurisdictional prerogatives on this bill or 
     similar legislation in the future. I also request your 
     support for the appointment of House Foreign Affairs 
     conferees during any House-Senate conference on this 
     legislation.
       I ask that you place our letters on H.R. 1907 into the 
     Congressional Record during floor consideration of the bill. 
     I appreciate your cooperation regarding this legislation and 
     look forward to continuing to work with the Committee on Ways 
     and Means as this measure moves through the legislative 
     process.
           Sincerely,
                                                  Edward R. Royce,
     Chairman.
                                  ____

                                      Committee on Ways and Means,


                                     House of Representatives,

                                      Washington, DC, May 4, 2015.
     Hon. Edward R. Royce,
     Chairman, Committee on Foreign Affairs, Rayburn House Office 
         Building, Washington, DC.
       Dear Chairman: Thank you for your letter regarding the 
     Foreign Affairs Committee's jurisdictional interest in H.R. 
     1907, the Trade Facilitation and Trade Enforcement Act of 
     2015, and your willingness to forego consideration by your 
     committee.
       I agree that the Committee on Foreign Affairs has a valid 
     jurisdictional interest in certain provisions of the bill and 
     that the Committee's jurisdiction will not be adversely 
     affected by your decision to forego consideration. As you 
     have requested, I will support your request for an 
     appropriate appointment of outside conferees from your 
     committee in the event of a House-Senate conference on this 
     or similar legislation should such a conference be convened.
       Finally, I will include a copy of your letter and this 
     response in the Congressional Record during the floor 
     consideration of the bill. Thank you again for your 
     cooperation.
       Sincerely,
                                                        Paul Ryan,
     Chairman.
                                  ____

                                         House of Representatives,


                              Committee on Financial Services,

                                     Washington, DC, May 13, 2015.
     Hon. Paul Ryan,
     Chairman, Committee on Ways and Means, Longworth House Office 
         Building, Washington, DC.
       Dear Chairman Ryan: On April 23, 2015, the Committee on 
     Ways and Means ordered H.R. 1907, the Trade Facilitation and 
     Trade Enforcement Act of 2015, to be reported favorably to 
     the House. I agree to discharge the Committee on Financial 
     Services from further consideration of the bill so that it 
     may proceed expeditiously to the House Floor.
       The Committee takes this action with our mutual 
     understanding that, by foregoing consideration of H.R. 1907 
     at this time, we do not waive any jurisdiction over the 
     subject matter contained in this or similar legislation, and 
     that our committee will be appropriately consulted and 
     involved as the bill or similar legislation moves forward so 
     that we may address any remaining issues that fall within our 
     Rule X jurisdiction. Our committee also reserves the right to 
     seek appointment of an appropriate number of conferees to any 
     House-Senate conference involving this or similar 
     legislation, and requests your support for any such request.
       Finally, I would appreciate your response to this letter 
     confirming this understanding with respect to H.R. 1907 and 
     would ask that a copy of our exchange of letters on this 
     matter be included in your committee's report to accompany 
     the legislation and/or in the Congressional Record during 
     floor consideration thereof.
           Sincerely,
                                                   Jeb Hensarling,
     Chairman.
                                  ____

                                      Committee on Ways and Means,


                                     House of Representatives,

                                     Washington, DC, May 14, 2015.
     Hon. Jeb Hensarling,
     Chairman, Committee on Financial Services, Rayburn House 
         Office Building, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding the 
     Committee's jurisdictional interest in H.R. 1907, the Trade 
     Facilitation and Trade Enforcement Act of 2015, and your 
     willingness to forego consideration by your committee.
       I agree that the Committee on Financial Services has a 
     valid jurisdictional interest in certain provisions of the 
     bill and that the Committee's jurisdiction will not be 
     adversely affected by your decision to forego consideration. 
     As you have requested, I will support your request for an 
     appropriate appointment of outside conferees from your 
     committee in the event of a House-Senate conference on this 
     or similar legislation should such a conference be convened.
       Finally, I will include a copy of your letter and this 
     response in the Congressional Record during the floor 
     consideration of H.R. 1907. Thank you again for your 
     cooperation.
           Sincerely,
                                                        Paul Ryan,
      Chairman.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                                     Washington, DC, May 13, 2015.
     Hon. Paul Ryan,
     Chairman, Committee on Ways and Means, Longworth House Office 
         Building, Washington, DC.
       Dear Chairman Ryan, I am writing with respect to H.R. 1907, 
     the ``Trade Facilitation and Trade Enforcement Act of 2015.'' 
     As a result of your having consulted with us on provisions in 
     H.R. 1907 that fall within the Rule X jurisdiction of the 
     Committee on the Judiciary, I agree to waive consideration of 
     this bill so that it may proceed expeditiously to the House 
     floor for consideration.
       The Judiciary Committee takes this action with our mutual 
     understanding that by foregoing consideration of H.R. 1907 at 
     this time, we do not waive any jurisdiction over the subject 
     matter contained in this or similar legislation, and that our 
     Committee will be appropriately consulted and involved as the 
     bill or similar legislation moves forward so that we may 
     address any remaining issues in our jurisdiction. Our 
     Committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation, and asks 
     that you support any such request.
       I would appreciate a response to this letter confirming 
     this understanding, and would ask that a copy of our exchange 
     of letters on this matter be included in the Congressional 
     Record during Floor consideration of H.R. 1907.
           Sincerely,
                                                    Bob Goodlatte,
      Chairman.
                                  ____

                                      Committee on Ways and Means,


                                     House of Representatives,

                                     Washington, DC, May 13, 2015.
     Hon. Bob Goodlatte,
     Chairman, Committee on the Judiciary, Rayburn House Office 
         Building, Washington, DC.
       Dear Mr. Chairman: Thank you for your letter regarding the 
     Committee's jurisdictional interest in H.R. 1907, the Trade 
     Facilitation and Trade Enforcement Act of 2015, and your 
     willingness to forego consideration by your committee.
       I agree that the Committee on Judiciary has a valid 
     jurisdictional interest in certain provisions of the bill and 
     that the Committee's jurisdiction will not be adversely 
     affected by your decision to forego consideration. As you 
     have requested, I will support your request for an 
     appropriate appointment of outside conferees from your 
     committee in the event of a House-Senate conference on this 
     or similar legislation should such a conference be convened.
       Finally, I will include a copy of your letter and this 
     response in the Congressional Record during the floor 
     consideration of H.R. 1907. Thank you again for your 
     cooperation.
           Sincerely,
                                                        Paul Ryan,
                                                         Chairman.

  Mr. TIBERI. Mr. Speaker, I yield 1 minute to the gentleman from 
Arizona (Mr. Schweikert).
  Mr. SCHWEIKERT. I thank the gentleman from Ohio for yielding.
  Mr. Speaker, have you ever had one of those moments where you are 
compelled to come running down here and come up to the mike because you 
are so enraged with the duplicity of some of the things you are 
hearing?
  Beyond the simple facts of the rhetoric, looking at the math of our 
trade surplus and deficits, the countries that we actually have trade 
agreements with, we have a surplus in manufactured goods; but let's 
move beyond the basic math of growing our economy, the demographics 
issue we have in our country, and the need to have markets around the 
world.
  Some of the crazy things I am seeing put out in the media by Big 
Labor, the willingness to make up stories, to make up facts, Goebbels 
would be very proud of them.
  Having paid attention to Arizona during the NAFTA disputes and some 
of the crazy things that were said then, now, we look back, and it 
wasn't true. NAFTA has been a net positive. All the scary things that 
were supposed to happen never happened.

[[Page 9522]]

  Be careful that we are not getting conned by made-up stories. This is 
good for America.
  Mr. LEVIN. Mr. Speaker, I yield myself such time as I may consume.
  I want everybody to understand how these three bills are sequenced 
and how and why they were set up this way by the majority so people 
will understand our votes.
  The sequence is the first vote will be TAA; next, TPA; and next, 
Customs. The reason for TAA being first is to try to maximize the votes 
among Democrats for TPA. That is really why they were set up this way. 
Why is Customs last? It is because there are many Democrats who will 
vote for TPA--at least some, there aren't that many perhaps--who don't 
like the Customs bill.
  Everybody who is listening should understand the rationale for this 
sequencing, and everybody should understand our reaction to the 
sequencing and what has happened here.
  The way this has evolved is this. For years, I have worked to try to 
build strong bipartisan support for trade agreements, and we often have 
succeeded. With Peru, it was over 100 Democrats. We worked on Korea and 
got less, but the leadership and I voted for it because we worked 
together eventually for a truly bipartisan bill.
  This TPA bill doesn't have that, and essentially, what has happened--
in part, because of that--is that the leverage has been lost by the 
administration, to some extent, and on our side to resist items like in 
the Customs bill. That is really what is happening here. So this 
Customs bill has to go over to the Senate, but everybody should 
understand the predicament that this places the administration and all 
of us in.
  For example, the language regarding Malaysia and human trafficking--
or human trafficking generally. What this Customs bill does is to 
weaken the language that is in the Senate bill. This is on human 
trafficking, sex human trafficking.
  It also relates to workers. Hundreds of thousands of people--for 
example, in Malaysia, and other countries--essentially come to those 
countries. Often, their passports are taken. They have no rights. We 
say this should not happen. Malaysia is in tier 3, and the original 
amendment said any country in tier 3 should not have the benefits of 
TPP. This weakens it and places this in--if it succeeds--in the TPA 
bill.
  Secondly, on climate change--we worked hard in the Peru FTA to 
incorporate the May 10 agreement. We worked hard on worker rights, on 
environment, on medicines. Actually, because the then-Administration 
would not negotiate it, Mr. Rangel and I negotiated the United States-
Peru Free Trade Agreement with the Peruvian Government. Let no one say 
I am not for expanded trade--or lots of other Democrats. It had an 
annex in it relating to forestation and deforestation and illegal 
logging. Why? It is because the Amazon affects all of us, and it 
affects trade.
  Now, what we have is language which, if accepted here and then in the 
Senate, would essentially preclude that kind of an agreement. That is 
what happens when you don't proceed on a truly bipartisan basis and 
there is no leverage for some of us.
  Let me also talk about currency. There is also a provision on 
immigration which could have an impact in terms of the negotiation. I 
don't know that there will be a provision. What I do know is that this 
amendment takes out the Schumer amendments on currency.
  Let me just say a word. You have put some language into this bill on 
currency. It is like every other negotiating objective. It is not even 
Swiss cheese, with lots of holes. It is the weakest kind of cheese that 
has no real substance to it, except maybe a good taste, but this has a 
bad taste.
  Those negotiating objectives really are not meaningful; they are so 
vague, and it is the person who negotiates it who judges whether those 
vague negotiating objectives have been met.
  So you take out the Schumer amendment. Now, what has been the impact 
of currency manipulation on jobs in the United States of America? This 
is one of the bases of the feeling of a lot of people in various 
communities, including the labor community, but way beyond--and our 
citizenry.
  Because of Japan's manipulation of currency--and then China's--we 
lost several million jobs. That is the reality. When people come here 
and say this bill of theirs, this TPA bill will help in terms of job 
creation, and they say, as was said many times in various places, these 
are jobs we have already lost, that is nonsense.
  There are more jobs in manufacturing and other places that could be 
lost that relate to the worker provisions in terms of Mexico, which 
competes with us, but it also relates to currency manipulation. The 
President has now said that China is interested, and there will be no 
meaningful currency manipulation in TPP. Essentially, we are opening 
the door for more and more currency manipulation.
  This is the reason for the depth of our feeling about this TPA and 
these amendments that will make it even worse. Everybody listening 
should understand the depth of the feeling from so many of us in and 
out of this place, every movement--whether labor, environmental, 
medicines, or whatever--to what is going on here.
  I think this Customs bill makes TPA even worse and essentially has 
tied the hands--because there is not a strong bipartisan basis--I 
think, of the Administration to really throw its weight around in terms 
of these amendments. I am afraid some of them are going to become law, 
and that should not happen.
  I strongly urge strong opposition to this Customs bill, H.R. 644. It 
is one of the several reasons we should be voting ``no'' on the three 
votes that are coming before us.
  I reserve the balance of my time.
  The SPEAKER pro tempore. Without objection, the gentleman from 
Wisconsin (Mr. Ryan) will now control the time for the majority.
  There was no objection.
  Mr. RYAN of Wisconsin. Mr. Speaker, at this time, it is my pleasure 
to yield 1 minute to the distinguished gentleman from Ohio (Mr. 
Boehner), the Speaker of the House.
  Mr. BOEHNER. Let me start by thanking the gentleman from Wisconsin 
for his leadership on the committee and his leadership on this bill. I 
also want to thank Chairman Sessions and members of the Rules Committee 
for all of their work.
  I want to thank Mr. Tiberi, the chairman of the Trade Subcommittee, 
for the tremendous job that he has done. I am grateful to all Members 
who have offered constructive contributions to this debate.
  My colleagues, we are not here today to debate any particular trade 
bill. The day for that may come, and when it does, we want to make sure 
that agreement reflects the people's priorities.
  That means more jobs, higher pay, and more opportunities for workers, 
farmers, and small businesses. That is why we want to make sure that 
this agreement isn't rushed and we want to make sure that there is no 
agreement that is in secret. We want to make sure--darn sure--that 
there is less authority for the President and more authority for the 
people.
  That is what this bill does. It is a means to an end, and the end is 
more free trade that is good for our economy and good for our country, 
which brings me to another priority in this bill, and that is American 
leadership.
  When America leads, the world is safer, for freedom and for free 
enterprise. When we don't lead, we are allowing and essentially 
inviting China to go right on setting the rules of the world economy. 
What that does is keep our workers and our products on the sidelines.
  We are Americans, aren't we? We are not people who stand still. We 
don't give in to doubt and defeatism. This is one of those moments when 
we need to remember that this country is an idea. It is an idea of 
people who choose their own destiny and people who dare to be 
exceptional.

                              {time}  1200

  My colleagues, you will recall that the Prime Minister of Japan was 
here earlier this spring. And during his address, which was about the 
need for

[[Page 9523]]

America to lead on trade, he talked about how this is an ``awesome 
country'' because here, he said, ``you just choose the best idea, no 
matter who it comes from.''
  Well, today, the best idea is to vote ``yes,'' not for the President, 
not for ourselves, but for our kids and our grandkids.
  I know some Members of this body don't like trade promotion 
authority, some don't like Trade Adjustment Assistance. But today I am 
here to vote for both because it is the right thing to do.
  Mr. LEVIN. I yield 1 minute to the gentleman from New Jersey (Mr. 
Norcross).
  Mr. NORCROSS. I thank the gentleman for yielding. I certainly 
appreciate it, and talking about these three bills, how they are linked 
together.
  But if we look at a couple of them, in particular, the trade 
adjustment is the equivalent of an execution, but you are getting to 
choose your last meal. But the end result is you are dead or, in this 
case, you are losing your job.
  I am an electrician with a tie. That is where I started my career. 
Day in and day out I heard those struggles. I can take you to my 
district and show you those empty buildings from the failed promises of 
a trade agreement.
  I joined this body on November 12, coming out of the worst economic 
times, and the first thing we are going to do is kick the American 
worker, kick him when he is down.
  We have empty plants, as I mentioned before. Trade adjustment helps 
you get a job for lower pay, less benefits, less wages. They call it a 
trade bill for a reason. You are trading good jobs in here in America 
for trade jobs----
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. LEVIN. I yield the gentleman an additional 30 seconds.
  Mr. NORCROSS. They call it a trade bill because they are trading 
jobs. You lose your good job that has a pension, benefits, and a good 
wage that can take care of your children, for a job, after you go 
through the wringer, that pays less than half.
  Yeah, we might have more jobs, but they are at the bottom end. They 
are not the kind that would help raise that.
  So this body, if we worked as hard as we are on this bill for a 
transportation and infrastructure bill, those are jobs that are here 
today and are for our future and make our country stronger.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield myself such time as I may 
consume for the purpose of engaging in a colloquy. I yield to the 
gentleman from Pennsylvania (Mr. Marino).
  Mr. MARINO. I thank the chairman.
  Mr. Speaker, from the time of Ben Franklin, reliable and affordable 
universal mail delivery service has been an essential commitment here 
in the United States, particularly to rural and low-income urban areas 
like my own.
  I am concerned when I hear my constituents assert that our ongoing 
trade negotiations could undermine our Postal Service. TPA and trade 
negotiations must not undermine the U.S. Postal Service.
  I am also very concerned that continued dumped steel imports are 
hurting our steel manufacturers. This is a very important industry in 
my district. Even when we have antidumping duties to counter dumped 
imports, these duties are often evaded through various schemes, such as 
sending steel to another country to manufacture steel products, then 
send the finalized product to the United States.
  We must address these problems in this litigation for my support.
  Mr. RYAN of Wisconsin. Reclaiming my time, I appreciate the 
gentleman's concern about the impact of currently negotiated trade 
agreements on the U.S. Postal Service.
  The United States has consistently excluded government services, such 
as mail delivery, from its obligations in past agreements. It is my 
understanding that the United States is continuing to do so in the 
ongoing Trans-Pacific, EU, and Trade in Services negotiations.
  In addition, TPA specifically directs that trade agreements take into 
account legitimate U.S. domestic objectives, which has consistently 
included providing universal mail services.
  Our trade remedy laws are vital for countering unfairly priced and 
subsidized imports. That is also why I worked with the Steel Caucus 
here in the House, you being a member of that, to add to our 
enforcement bill a series of provisions that we call ``Level the 
Playing Field'' to strengthen those laws.
  Evasion of these laws is also a serious problem, which is why this 
enforcement bill contains extensive provisions to create new tools and 
authorities to both prevent and go after evasion.
  I thank the gentleman and appreciate his leadership on these issues.
  Mr. Speaker, I yield to the gentleman from Pennsylvania (Mr. 
Barletta) for the purpose of engaging in a colloquy.
  Mr. BARLETTA. I thank the chairman for helping me to improve this 
bill by including Steve King's immigration prohibitions and strong 
tools to stop currency manipulation.
  We need to establish a process at Customs that will stop duty 
evasion, which hurts manufacturers in my district.
  You and I, Mr. Chairman, have talked about having Customs investigate 
and decide duty-evasion cases subject to deadlines. Subjecting the 
decisionmaking process at Customs to review at the U.S. Court of 
International Trade will allow U.S. manufacturers hurt by duty evasion 
to finally get the relief that they deserve.
  Mr. Chairman, do you commit to working with me on achieving these 
goals in conference?
  Mr. RYAN of Wisconsin. Reclaiming my time, I commit to working with 
the gentleman to improve the bill in conference to level the playing 
field for American manufacturing and American workers. And I also thank 
the gentleman for his leadership in ensuring that we fully enforce U.S. 
trade laws.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEVIN. Mr. Speaker, I yield 2 minutes to the gentleman from 
California (Mr. Becerra), a member of the Ways and Means Committee, and 
the chair of our caucus.
  Mr. BECERRA. I thank the gentleman for yielding.
  Trade is pretty simple. We do it every day, whether you are trading 
in the old car for a newer car, or whether it is the largest economy in 
the world trading with the rest of the world. We do it every day.
  At the end of the day, what we want is a fair deal. I give you 
something; the benefit of the bargain is I get something back.
  Any country that wants access to our markets needs to play by the 
rules. We can't allow cheating to hurt our workers, their wages, our 
businesses, or our economy.
  And the American people get it. That is why they are so apprehensive 
about any trade deal this Congress puts before it, because they want to 
know, will we lead on their behalf? Or are we going to let the special 
interests dictate the rules?
  Will we retreat from our responsibility to make sure that if some 
foreign company is going to have access to our markets, they are going 
to play by the rules?
  When I take a look at this trade promotion authority legislation, I 
ask myself, how can you ever get a good trade deal out of this when the 
rules are rigged against America?
  One simple example. Everyone agrees we have had a bipartisan 
consensus in this House--more than 230 Members have signed on to a 
letter in the past saying, We have got to stop countries that 
manipulate their currency to try to make their products produced by 
their companies look cheaper than American products.
  Yet, this legislation would prohibit us from going after the 
countries that are cheating to prevent the companies in those countries 
from cheating. So how are we going to stop the companies that we know 
are pirating, that are stealing, that are cheating against us, how are 
we ever going to stop them if the rules require us to go through those 
countries to try to get those companies to abide by the rules?
  When the country is cheating, I guarantee you, the companies are 
going to

[[Page 9524]]

cheat. And that is not the way you get foreigners to access our market.
  We can do much better. We have to do much better because the American 
people want us to lead, not retreat.
  That is why we should vote this down and get a better deal that the 
American people know and feel is the right thing for America.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield 2 minutes to the 
gentleman from Louisiana (Mr. Scalise), the distinguished majority 
whip.
  Mr. SCALISE. Mr. Speaker, I want to thank the gentleman from 
Wisconsin for his leadership in bringing this bill to the floor.
  Mr. Speaker, American trade is critical to strengthening our economy 
and to giving American workers the competitive advantage that we need 
so we can go out and sell more of our goods all around the world.
  There aren't many impediments for foreign countries to bring their 
products into our countries and sell their goods here, but there are 
many, many impediments when we want to sell our products that we make, 
by American workers, to foreign countries, especially in Asian 
countries and European countries.
  Those countries right now, our allies around the world, want to get 
good trade agreements, good level playing fields, so that we can have 
good negotiated trade back and forth and sell more of our products in 
those countries.
  But right now China is writing the rules while America sits on the 
sidelines. We are not a country that sits on the sidelines, Mr. 
Speaker.
  This bill gets us in the game so America can go out and our workers 
can compete on a level playing field and we can sell more of our 
products overseas.
  But something else that this bill does, Mr. Speaker, is it actually 
gives Congress a direct say in the process, every step of the way. We 
lay out criteria, things that cannot be in trade deals, protections 
against immigration and global warming-type issues being included in 
these trade deals.
  But it also gives transparency, strong and enforceable rules so that 
any agreement that is reached would have to be available online, not 
just for us to read, as Members of Congress, but for the entire Nation 
to read for at least 60 days before there is even a vote in Congress. 
And then, of course, Congress would have the ultimate veto authority 
over a bad deal if it was sent.
  This bill is critical to getting America back in the game so our 
workers can be competitive. And when America competes on a level 
playing field, we win.
  Let's go create those American jobs by passing this bill.
  Mr. LEVIN. Mr. Speaker, how much time is remaining?
  The SPEAKER pro tempore. The gentleman from Michigan has 17\1/2\ 
minutes remaining. The gentleman from Wisconsin has 22\1/2\ minutes 
remaining.
  Mr. LEVIN. Mr. Speaker, I take special pleasure to yield 1 minute to 
the gentlewoman from Michigan (Mrs. Dingell).
  Mrs. DINGELL. Mr. Speaker, the vote today is why I came to Congress. 
I promised the working men and women in my district that I would fight 
to make sure that they had a seat at the table when we were making 
decisions that impact their life and their livelihood.
  We all know that we must grow our economy and we must compete in a 
global marketplace. We all know what great products the American worker 
builds, and that we can outcompete anybody in the world. But we cannot 
compete with the Bank of Japan and the Bank of China.
  NAFTA cost us 1 million jobs, and Michigan is still paying the price. 
The Korea Free Trade Agreement was a great deal for South Korea. They 
have expanded their imports into this country by almost half a million 
products. And we have worked to just get 20,000 into that market.
  Enough is enough. Congress cannot abdicate its responsibility to the 
working men and women of this country. It is our responsibility to 
protect our workers. Fast Track doesn't allow this. We should not pass 
it.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield 1 minute to the 
distinguished gentleman from Illinois (Mr. Rodney Davis).
  Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I understand the 
importance of trade and the impact trade negotiations can have on our 
local economies, even back home in Illinois.
  Currently, 1 in 3 manufacturing jobs depend on exports, and 1 in 3 
acres on all American farms are planted for hungry families overseas.
  As a Congressman, it is my job to make sure trade agreements protect 
American workers, farmers, manufacturers, innovators, and service 
providers by opening markets around the world because, when given a 
fair playing field, I have the utmost confidence that American 
companies and industries can outcompete foreign competitors.
  But too many times, past trade agreements have left our industries, 
especially steel, vulnerable to unfair trading practices like dumping.
  I will continue to fight for stronger trade enforcement and be 
committed to protecting American jobs.
  I want to thank Chairman Ryan and Subcommittee Chairman Tiberi for 
their leadership on this issue. And I really want to thank my colleague 
from Illinois, Representative Mike Bost, for his tireless efforts to 
strengthen our trade remedy laws to protect American workers and more 
than 2,000 workers at our steel factory in Granite City, Illinois.
  I urge a ``yes'' vote.
  Mr. LEVIN. Mr. Speaker, I reserve the balance of my time.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield 3 minutes to the 
gentleman from Louisiana (Mr. Boustany), a senior member of the Ways 
and Means Committee.

                              {time}  1215

  Mr. BOUSTANY. I thank the distinguished chairman of the committee for 
yielding.
  Mr. Speaker, I believe all of us here in Congress can agree that 
evasion of antidumping and countervailing duties is a serious problem 
and needs to be effectively addressed. That is why I rise in support of 
this bill, because I think it thoroughly and thoughtfully addresses the 
issue.
  The seafood industry in Louisiana has been particularly hit by this, 
which prompted me to work with industry, the committee, and others in 
the administration to come up with a legislative fix for the growing 
problem.
  Thankfully, the bill before us today contains language from my 
PROTECT Act, providing tools for Customs to help out our legitimate 
importers, distributors, and trade-affected domestic industries to 
prevent and combat fraud at our border, not after the fact, which makes 
it much more difficult to deal with.
  Specifically, the language in this bill is dedicated to preventing 
and investigating evasion. Within that unit, there will be a point of 
contact for private sector evasion allegations who will have the 
authority to direct these evasion investigations and the duty to inform 
interested parties. They have to inform the interested parties about 
the status of the investigations.
  We have also increased the types of data that Customs can use to 
target evading imports, and this language will increase information 
sharing between the Department of Commerce and the International Trade 
Commission to effectively investigate evasion.
  Finally, the bill sets specific requirements for Customs to 
adequately train its personnel involved in combating this. These are 
necessary improvements to stop fraud before it gets to our borders.
  I can tell you, I have gotten plenty of comments from folks back in 
my district. Kimberly Chauvin, who is the owner of Bluewater Shrimp 
Company in Dulac, Louisiana, said the language ``creates provisions 
that we need. The Senate bill is a watered-down version. If we do not 
get Boustany's bill, the whole bill does us no good whatsoever.''
  We need these tools. These tools are essential to effectively combat 
evasion. Evasion is too important a problem to

[[Page 9525]]

remain unaddressed, and I think we are going to get to the best 
possible agreement on this when we go to conference with this bill.
  So I urge my colleagues to join me in supporting this very important 
piece of legislation. Let's move the ball forward. Let's really 
strengthen our laws to combat evasion and get this job done.
  Mr. LEVIN. Mr. Speaker, I reserve the balance of my time.
  Mr. RYAN of Wisconsin. Mr. Speaker, at this time, I yield 1 minute to 
the gentlewoman from California (Mrs. Mimi Walters).
  Mrs. MIMI WALTERS of California. Mr. Speaker, today I rise in support 
of trade promotion authority, or TPA, and I would like to thank the 
gentleman from Wisconsin, Paul Ryan, for his leadership on this issue.
  TPA, not to be confused with TPP, would put Congress in the driver's 
seat when it comes to negotiating trade agreements. It would ensure the 
President is held accountable to Congress and the American people in 
negotiating all trade deals. TPA, a public document which I have read 
and is available for the American people to read--in fact, it is right 
here--would require the President to make public any free trade 
agreement before it comes to Congress for a vote.
  Trade is a vital part of our economy. One in five jobs is supported 
by trade, and 4.7 million jobs depend on trade in California.
  Right now, American companies cannot compete on a level playing 
field. Trade barriers make it difficult for the U.S. to sell their 
goods to the 95 percent of consumers that live overseas. Free trade 
agreements would eliminate these barriers and put in place fair and 
strong rules for U.S. companies to compete and win.
  Furthermore, if Congress fails to pass TPA and set the rules of the 
global economy, China will. We simply cannot cede our role as the 
global leader in the 21st century.
  I urge my colleagues in the House and the American people to rally 
behind TPA.
  Mr. LEVIN. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
California (Ms. Linda T. Sanchez), a member of our committee.
  Ms. LINDA T. SANCHEZ of California. Mr. Speaker, I rise to express 
both strong concern and guarded optimism about the customs bill before 
us today.
  I will be voting against the underlying bill before us today because 
of the drastic and unnecessary changes the bill makes to TPA provisions 
related to human trafficking, currency manipulation, and immigration 
policy. However, I remain optimistic that the customs provisions in 
this bill can become as strong as the Senate bill during conference.
  Senators worked on a bipartisan basis to reach an agreement after 
nearly a decade of negotiations on how we should be enforcing our trade 
laws. I am now hoping that House Republicans will be part of getting 
these provisions across the finish line.
  One of my biggest priorities for many years has been finding a way to 
combat the blatant abuse and duty evasion by some foreign producers 
that undercut American industry here. Foreign companies use schemes to 
avoid paying the duties they owe on goods that they import into the 
United States. That is why I have introduced and fought for the ENFORCE 
Act. For the first time, it finally feels like we are very close to 
getting this done.
  And to that end, I want to thank Representatives Tiberi and Boustany, 
along with Chairman Ryan, for several productive discussions on the 
best way to get this done in conference. I hope that we will be able to 
keep working on a bipartisan basis to get a final, bipartisan House 
customs bill.
  Giving up on the opportunity to give real teeth to our enforcement 
procedures would not only be harmful to our economy, but it sends a 
message to manufacturers, employers, and U.S. workers that this 
Congress doesn't care about them. By increasing our customs security 
measures, we can ensure that American companies that play by the rules 
are not undercut by foreign competitors who cheat by evading duties on 
their goods.
  I urge my colleagues to work to improve this bill by incorporating 
final language with some teeth. U.S. manufacturers have waited long 
enough to have customs enforcement that works.
  Mr. RYAN of Wisconsin. At this time, I yield 1 minute to the 
distinguished gentleman from Iowa (Mr. King).
  Mr. KING of Iowa. I thank Chairman Ryan for yielding, and I also 
thank him for his leadership on this issue.
  Mr. Speaker, I would point out three things: trade promotion 
authority needs to pass, TAA needs to pass, and the customs bill needs 
to pass. Those are the toggle switches that are set up.
  The negotiations with Chairman Ryan could not have been better. I 
laid two issues out in front: one was my concern that the President 
would negotiate global warming and climate change; the other one was 
the strong things that go beyond rumors of the negotiation of 
immigration provisions into the future trade agreements that would be 
negotiated under a trade promotion authority.
  We addressed those issues. The language in the customs bill is 
language that is tight. I have confidence in it. It says it shall not 
obligate the United States to grant access or expand access to visas 
issued under 8 U.S.C. 1101(a)(15).
  Mr. Speaker, this satisfies my concerns, and I know that enforcement 
is a concern. But we are committed to standing together should that day 
come that we need to do that, and we are hopeful that and expect that 
the President, who we also anticipate will follow his commitment to 
sign this bill, will also abide by the provisions in it.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. RYAN of Wisconsin. I yield the gentleman an additional 30 
seconds.
  Mr. KING of Iowa. I thank the chairman.
  We expect the President to abide by the provisions in it. We will 
follow through on our part of this bargain, if not. And this Congress 
has an opportunity to veto.
  So what a wonderful thing it is to go into a trade promotion 
authority circumstance and know that for the next 6 to 9 years the U.S. 
Trade Representative will not be negotiating global warming, will not 
be negotiating immigration. We preserve that for the United States 
Congress, as the Constitution directs. So that level of confidence lets 
us then focus on the trade agreements that are good for the economic 
growth of the United States of America. That is what is in front of us 
here today, and I am very grateful we have gotten to this point.
  I urge adoption of the customs bill.
  Mr. LEVIN. Mr. Speaker, I now yield 2 minutes to the gentleman from 
Oregon (Mr. Blumenauer), a member of our committee.
  Mr. BLUMENAUER. Mr. Speaker, I am frustrated to be on the floor today 
unable to vote for H.R. 644. This bill should be about helping American 
businesses export more, with greater efficiency, cutting red tape at 
the border, and enhancing our ability to hold foreign tax cheats 
accountable. Instead, this bill cuts corners on what matters to 
America's exporters and those undercut by bad actors abroad and gives 
special attention to the paranoia of the Republican caucus.
  The Senate passed a perfectly good, bipartisan customs bill which had 
a couple of strong provisions that I have authored in it. That 
legislation is not what we are considering. Instead, today's bill 
contains ill-advised language on immigration, climate change. It shorts 
efforts to deal with human trafficking and currency, and it reverses 
longstanding American policy towards Israel and settlements.
  It is not so much the fact that there were these vote-buying tactics 
that were used to lard this up with inappropriate items that's 
concerning, because most will fall off in conference. I am frustrated 
that provisions that would strengthen the bill and get bipartisan 
support have been left out.
  The Green 301 provisions, to help American businesses working abroad 
who are put at a competitive disadvantage by operating at or above 
local environmental laws while native companies get a free pass when it 
comes to

[[Page 9526]]

following what is on the books. It is not fair, and there should be an 
avenue of redress. The Green 301 would have done that.
  And no one benefits from a trade agreement which can't be enforced.
  I had the STRONGER Act, a trade enforcement and capacity building 
provision that I have offered up, that we have attempted to get through 
here. It is in the Senate bill--and should be in the House bill.
  I will be fighting in conference to make sure that these provisions--
Green 301 and STRONGER--are protected in the Senate, that we have a 
customs bill that is worthy of support and some of the goofy stuff gets 
stripped away.
  I will vote for TPA, but I am really frustrated that we don't have a 
customs bill that we all can support.
  Mr. RYAN of Wisconsin. Mr. Speaker, at this time, I yield myself such 
time as I may consume to engage in a colloquy with the gentleman from 
Ohio (Mr. Turner).
  Mr. TURNER. I thank the gentleman for yielding.
  Mr. Chairman, despite a longstanding U.S. policy against the use of 
offset agreements, many foreign governments continue to insist on using 
offset agreements, which clearly distort trade, are an unfair trade 
practice, and result in lost opportunities for American workers.
  Offset agreements and military sales contracts are add-on provisions 
that require U.S. companies to reinvest in foreign companies through 
the purchase of additional goods and services, technology transfer, 
foreign-based subcontractor mandates, and other similar activities.
  Chairman Ryan, under TPA, how will the Federal Government curb a 
foreign country's use of military offsets?
  Mr. RYAN of Wisconsin. I thank my friend for his question.
  I agree that offset agreements distort fair trade. Under TPA, 
Congress will establish negotiating objectives for the President to 
seek more open market access for U.S. companies in the reduction, 
elimination, or prevention of trade distortion and localization 
barriers. Thus, these provisions will direct the President to seek to 
curb our negotiating partners' insistence on the use of offset 
agreements.
  Mr. TURNER. I thank the gentleman for his response, and I look 
forward to working with him on this important issue.
  Mr. RYAN of Wisconsin. Mr. Speaker, I reserve the balance of my time.
  Mr. LEVIN. Mr. Speaker, I yield 1 minute to the gentleman from Rhode 
Island (Mr. Cicilline).
  Mr. CICILLINE. Mr. Speaker, many this morning have said TPA will 
protect American jobs. In Rhode Island, my home State, we know that is 
not true. TPA will facilitate another bad trade deal that will result 
in more American jobs being shipped overseas.
  Those who think this trade deal is good should come to Rhode Island 
and meet with the men and women who still can't find work after decades 
of a bad trade deal just like this one.
  I have listened to former jewelry and textile workers who worked in 
the once bustling mills in Woonsocket, Pawtucket, and Providence, who 
don't understand why Congress is considering another trade bill that 
will eliminate more American jobs.
  My State lost over 40,000 jobs after NAFTA, mostly in manufacturing.
  Haven't we seen the devastating impact of bad trade deals? Haven't we 
learned our lesson, that a trade deal that fails to address currency 
manipulation, that doesn't include enforceable provisions on the 
environment and on labor is a bad deal for American workers?
  Of course we need to compete in a global economy. Of course we need 
to grow our economy. But we need to do it in a way that protects 
American jobs and protects American workers. We need fair trade, not 
just free trade.
  I urge my colleagues to vote ``no.''
  Mr. RYAN of Wisconsin. Mr. Speaker, at this time, I yield 1 minute to 
the gentleman from Illinois (Mr. Bost), a member of the Steel Caucus, a 
Member who has been very passionate on the issue of leveling the 
playing field.
  Mr. BOST. I thank the gentleman from Wisconsin for yielding.
  Mr. Speaker, American workers can compete when everyone is on the 
same playing field and has the same rules.
  While opening new markets in the U.S., products are important. We 
must have effective laws that protect companies and their workers from 
foreign companies who cheat. This includes nations that illegally dump 
into our markets.
  Under our current trade laws, American companies like U.S. Steel in 
southern Illinois must suffer long-term harm before remedies take 
effect. You know, that is like waiting until the house burns to the 
ground before you call the fire department. It doesn't make sense.
  That is why I am pleased that we are voting on the Enforcement bill 
today, which includes language that my friend from Illinois, 
Congressman Rodney Davis, and I introduced to combat these illegal 
trade practices. This legislation speeds up the process and helps 
companies like U.S. Steel respond to illegal dumping before it causes 
serious harm to the company and its workers.
  I encourage my colleagues to support today's bill, and we can protect 
our businesses and our workers from unfair trade.
  Mr. LEVIN. Mr. Speaker, I reserve the balance of my time.
  Mr. RYAN of Wisconsin. Mr. Speaker, at this time, I yield 1\1/2\ 
minutes to the gentleman from Indiana (Mr. Messer), a member of our 
leadership team, the Policy Committee director.
  Mr. MESSER. Mr. Speaker, today I rise in support of trade promotion 
authority because I am a conservative who believes trade creates jobs 
and opportunity.
  In my district, farmers grow corn and soybeans and sell them all over 
the world. Factory workers, like my mom, build faucets, cars, 
forklifts, and caskets and sell them all over the world.

                              {time}  1230

  Trade allows that to happen. When the American worker gets a chance 
to compete on a level playing field, we win. That is why we need trade 
agreements.
  The truth is, under the policies of this administration, paychecks 
are shrinking. For many workers, there is more month than money as they 
struggle to pay their bills. Killing this legislation does nothing to 
help those workers. In fact, it would only make their situation worse.
  Trade-related jobs pay better. And when 95 percent of the Earth's 
population lives outside the United States, we can't afford to pull up 
the drawbridges and shut out the rest of the world. That is not smart 
policy, and it won't help the American worker.
  Let's grow our economy. Let's secure good-paying jobs. And let's make 
sure the American worker leads this century just like we did the last.
  Mr. LEVIN. Mr. Speaker, I reserve the balance of my time.
  Mr. RYAN of Wisconsin. Mr. Speaker, at this time, I yield 1 minute to 
the gentleman from California (Mr. McCarthy), the distinguished House 
majority leader.
  Mr. McCARTHY. Mr. Speaker, before I move forward, I want to thank the 
gentleman. He has shown true leadership in working, and working with 
everybody, in this House. Any time you take up a large piece of 
legislation, there are concerns. I have never seen another Member of 
this House sit with more meaning, more concerns, and try to find a 
solution, and I thank the chairman for that work.
  Mr. Speaker, earlier this year, when I was headed home to California 
from D.C. one weekend, I saw something very troubling, but something 
actually today we can solve for the future. You see, it was February, 
and there was a labor dispute. There was a shutdown on our ports on the 
West Coast. So as the plane descended, instead of seeing the beaches 
stretched throughout California or the Santa Monica mountains, my 
attention was drawn to the number of ships sitting idle in the ocean 
and the number of ships that were just sitting in the port. You see, 
the docks were shut down and our economy was halted.
  When Americans cannot have their products moved to willing buyers, 
the

[[Page 9527]]

men and women who are part of the creation do not receive the rewards 
of their efforts. And in California, we cannot afford to waste any of 
our resources, especially what we have a short supply of--water. So 
when the trade was shut down, the food that was produced throughout the 
Central Valley would just rot on the docks.
  But what was most interesting to me, Mr. Speaker, I remember a phone 
call I got just another weekend after. It was the president of the 
Republican freshman class here. He had just done a town hall, and he is 
from Colorado. He said: Mr. Leader, I have got a big issue in Colorado. 
The ports of the West Coast are shut down. You see, my small businesses 
are hurt by that. They are hurt when we are not able to have trade.
  I remember a big bipartisan press conference we had, Republicans and 
Democrats alike, the largest one I have ever been a part of in the 
press room, talking about the ports being shut down, because every 
single one of their districts were affected, especially the small 
businesses.
  When we cannot trade, our economy suffers and our way of life 
suffers. In fact, during that same period of this crippling shutdown, 
our economy actually shrank.
  Today, what we are talking about on the floor is trade promotion 
authority. It allows us to get to an agreement. You know, we have not 
had it for a few years.
  So what has happened around the world while the rest of America sat 
idle? There have been 100 trade agreements; 100 trade agreements around 
the world that we would want more of our small businesses to be a part 
of. You know how many we were a part of during that time? Zero, because 
we did not have TPA.
  You know, trade is the difference between rotting produce on the 
harbor docks and sending California goods around the world. Trade is 
the difference between the lines of prosperity and the lines of 
stagnation.
  We have a unique opportunity today. It is not a trade agreement. It 
is an opportunity. It is an opportunity that will empower each and 
every Member of this floor to have input, to have transparency, but 
what is more important, to empower every single American to make sure 
they are now at the table, that when there is the next trade agreement 
between countries who want to engage, America won't be left out, 
America can lead once more.
  Mr. LEVIN. I yield 1 minute to the gentleman from New York (Mr. 
Nadler).
  Mr. NADLER. Mr. Speaker, I rise in opposition to this bill. All the 
trade agreements since NAFTA have been sold on the same propaganda, 
that they will increase our exports and jobs, yet the results have 
always been the same: they have multiplied our imports, ballooned our 
trade deficits, hemorrhaged our jobs, and depressed our wages.
  Now we are asked to vote for a fast-track agreement that will say we 
cannot amend any trade agreements, only vote them up or down, even if 
they, like their predecessors, lack any means of protecting our workers 
from competition with workers who are paid 30 cents an hour and are 
assassinated if they try to form a union.
  We know there will be a provision for private corporate tribunals 
that can invalidate and render unenforceable American laws and 
regulations. It is our constitutional duty to regulate foreign commerce 
and trade agreements, not take them on a take-it-or-leave-it basis from 
the executive branch. It is our constitutional duty to protect the 
American sovereignty against foreign companies invalidating our laws 
through private corporate tribunals.
  We must vote ``no'' on fast track to allow Congress to do its job to 
see that the next trade agreement doesn't hemorrhage our jobs, doesn't 
ignore currency manipulation, and doesn't invalidate our consumer, 
labor, and environmental laws. We must say ``no.''
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield 1 minute to the gentleman 
from Florida (Mr. Curbelo).
  Mr. CURBELO of Florida. Mr. Speaker, we are in the midst of an 
impassioned debate on trade promotion authority, trade adjustment 
assistance, and trade enforcement. We are hearing arguments from our 
colleagues on both sides of this issue, from both sides of the aisle. 
Mr. Speaker, I am honored to serve as the voice of my constituents from 
south Florida, who directly see the impact of these free trade 
agreements every single day.
  The United States currently has 20 free trade agreements, 11 of which 
are with countries in South and Central America. Miami is often called 
the gateway to the Americas, and I am proud to represent a diverse and 
proud community that has seen the positive impact of free trade. 
Workers in south Florida create goods and services that are used 
throughout the world, something that is only made possible with free 
trade agreements.
  Congress must pass TPA so the United States can open up new markets. 
Since 2007, there have been over 100 agreements signed on a global 
scale while our country has sat idly by.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. RYAN of Wisconsin. I yield an additional 30 seconds to the 
gentleman.
  Mr. CURBELO of Florida. Mr. Speaker, I want the American people's 
representatives to have a strong hand in negotiating future free trade 
agreements, and this TPA bill ensures this will happen. It provides 
unprecedented amounts of time for the agreements to be read and ensures 
proper safeguards are in place for Congress, not the President, to 
drive the agenda on the negotiations.
  Mr. Speaker, I encourage a ``yes'' vote on TAA, TPA, and trade 
enforcement. If anyone has any doubts as to whether TPA is good for our 
country, I encourage you to visit south Florida.
  Mr. LEVIN. I yield 30 seconds to the gentleman from Pennsylvania (Mr. 
Brendan F. Boyle), who I think has lost his voice.
  Mr. BRENDAN F. BOYLE of Pennsylvania. Mr. Speaker, I am not going to 
speak long as I have lost my voice.
  If we pass fast track, the American workers will lose their voice. 
This is wrong. The President has said that social mobility and income 
inequality are the issues of our time. If I really believed that 
anything we are voting on here would do anything to address that, I 
would sincerely be voting ``yes,'' but it doesn't.
  After 20 years of NAFTA and CAFTA and every sort of trade agreement, 
we have not seen our middle class benefit. Let's finally use this time 
to rebuild the American middle class and stand up for our workers.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield 1\1/2\ minutes to the 
gentleman from Virginia (Mr. Connolly), a Member from the other side of 
the aisle.
  Mr. CONNOLLY. Mr. Speaker, today's vote is about America's future. 
Who will shape it? It is not shaped by a recitation of grievance. It is 
not shaped by making trade a symbol of all that we find bad in economic 
progress. It is by seizing that future and shaping it, and that is what 
TPA does. It pries open foreign markets. It sets American rules 
setting. It allows us to frame the issues in 40 percent of the world's 
trade and economic activity.
  We have never had an opportunity as important as this one to shape 
the global economy to our advantage and to those of our trading 
partners. We must not lose this opportunity.
  The grievances are legitimate, the concerns and fears are legitimate, 
but we must look beyond them. We must address the future for future 
generations of American workers. I support the bill in front of us and 
urge my colleagues to do the same.
  Again, I thank Mr. Ryan for his courtesy.
  Mr. LEVIN. Mr. Speaker, how much time do we have remaining?
  The SPEAKER pro tempore. The gentleman from Michigan has 10 minutes 
remaining. The gentleman from Wisconsin has 9\1/2\ minutes remaining.
  Mr. LEVIN. I yield for the purpose of a unanimous consent request to 
the gentleman from California (Mr. Sherman).
  Mr. SHERMAN. I insert in the Record a chart showing that we have a 
$100 billion trade deficit with our FTA countries. Those are the 
official statistics of the U.S. International Trade Commission.

[[Page 9528]]

                                               Public Citizen,

                                    Washington, DC, February 2015.

 Job-Killing Trade Deficits Surge Under FTAs: U.S. Trade Deficits Grow 
    More Than 425% With FTA Countries, but Decline 11% With Non-FTA 
                               Countries

       The aggregate U.S. goods trade deficit with Free Trade 
     Agreement (FTA) partners is more than five times as high as 
     before the deals went into effect, while the aggregate trade 
     deficit with non-FTA countries has actually fallen. The key 
     differences are soaring imports into the United States from 
     FTA partners and lower growth in U.S. exports to those 
     nations than to non-FTA nations. Growth of U.S. exports to 
     FTA partners has been 20 percent lower than U.S. export 
     growth to the rest of the world over the last decade (annual 
     average growth of 5.3 percent to non-FTA nations vs. 4.3 
     percent to FTA nations from 2004 to 2014).
       The aggregate U.S. trade deficit with FTA partners has 
     increased by about $144 billion, or 427 percent, since the 
     FTAs were implemented. In contrast, the aggregate trade 
     deficit with all non-FTA countries has decreased by about $95 
     billion, or 11 percent, since 2006 (the median entry date of 
     existing FTAs). Using the Obama administration's net exports-
     to-jobs ratio, the FTA trade deficit surge implies the loss 
     of about 780,000 U.S. jobs. The North American Free Trade 
     Agreement (NAFTA) contributed the most to the widening FTA 
     deficit--under NAFTA, the U.S. trade deficit with Canada has 
     ballooned and a U.S. trade surplus with Mexico has turned 
     into a nearly $100 billion deficit. More recent deals have 
     produced similar results. Under the 2012 Korea FTA, the U.S. 
     template for the Trans-Pacific Partnership, the U.S. trade 
     deficit with Korea has already surged 72 percent.

----------------------------------------------------------------------------------------------------------------
                                                                                                     Change in
                   FTA partner                      Entry date     Pre-FTA trade   2014 Balance    balance since
                                                                      balance                           FTA
----------------------------------------------------------------------------------------------------------------
Israel*.........................................            1985          ($1.0)         ($15.2)         ($14.2)
Canada..........................................            1989          (23.9)          (82.4)          (58.5)
Mexico..........................................            1994             2.6          (99.8)         (102.3)
Jordan..........................................            2001             0.3             0.6             0.3
Chile...........................................            2004           (2.0)             5.8             7.8
Singapore.......................................            2004             0.8            10.2             9.4
Australia.......................................            2005             7.4            13.6             6.2
Bahrain.........................................            2006           (0.1)             0.1             0.2
El Salvador.....................................            2006           (0.2)             0.7             0.9
Guatemala.......................................            2006           (0.6)             1.5             2.1
Honduras........................................            2006           (0.7)             1.2             1.9
Morocco.........................................            2006             0.1             1.0             1.0
Nicaragua.......................................            2006           (0.7)           (2.2)           (1.5)
Dominican Republic..............................            2007             0.6             2.8             2.2
Costa Rica......................................            2009             1.2           (3.2)           (4.4)
Oman............................................            2009             0.6             0.9             0.4
Peru............................................            2009           (0.2)             2.9             3.0
Korea...........................................            2012          (15.4)          (26.6)          (11.2)
Colombia........................................            2012          (10.0)           (1.2)            11.2
Panama..........................................            2012             7.8             9.4             1.6
                                                 ---------------------------------------------------------------
    FTA TOTAL:..................................  ..............         ($33.7)        ($177.5)        ($143.9)
                                                 ---------------------------------------------------------------
    Non-FTA TOTAL:..............................          [2006]        ($829.3)        ($734.2)           $95.1
                                                 ---------------------------------------------------------------
                          FTA Deficit Increase: 427%      Non-FTA Deficit Decrease: 11%
----------------------------------------------------------------------------------------------------------------
Source: U.S. International Trade Commission. Units: billions of 2014 dollars. (*Measured since 1989 due to data
  availability)

  Mr. LEVIN. I yield 1 minute to the gentleman from Minnesota (Mr. 
Ellison).
  Mr. ELLISON. Mr. Speaker, Members, trade adjustment assistance should 
not be a sweetener, a trade-in coin. Trade adjustment assistance should 
be what we do no matter what. It shouldn't pave the way for trade 
promotion authority.
  It is important and good to stand with dislocated workers who 
basically are pushed off their jobs because of bad trade deals, which 
we have been pursuing for 40 years. Yet here we are today, told that we 
have got to vote for this trade adjustment authority, which does not 
include public sector workers, which is smaller than it should be. We 
have got to support it because--and the only reason we are here to 
support it, the only reason we have been lobbied by no less than the 
President and three top Cabinet officials, is because they know it 
paves the way to trade promotion authority, which is what they really 
want so that, literally, Members give up our constitutional duty.
  Where are my constitutional conservatives when you need them?
  Mr. RYAN of Wisconsin. I reserve the balance of my time.
  Mr. LEVIN. I yield 1 minute to the gentleman from Michigan (Mr. 
Kildee).
  Mr. KILDEE. Mr. Speaker, I come from Flint, Michigan. Flint, 
Michigan, was the birthplace of General Motors, a place that put the 
world on wheels. In the last couple of decades, it has seen 90 percent 
of our manufacturing jobs go away. Now, true, not all of them were lost 
because of bad trade deals, but many of them were. And bad trade deals 
have exacerbated that job loss and have ruined many parts of that 
community.
  I support, as virtually all of us do, expanded trade as a way of 
growing the U.S. economy. I am a member of the President's Export 
Council. This is something we have to do. But this TPA is not a ``yes'' 
or ``no'' question on whether we should expand trade. This TPA is 
flawed. It fails to address the most significant trade barriers hurting 
American manufacturers. It fails to address currency manipulation by 
our trading partners. And if we don't address the most significant 
barrier, how can we expect any trade deal to have the effect? All we 
have to do is look at the performance of past deals that have had 
similar flaws and we can see why we have failed.
  If we are going to engage in expanded trade, we have to do it right, 
in a way that deals with currency, that deals with labor obligations, 
that deals with environmental obligations.

                              {time}  1245

  Mr. RYAN of Wisconsin. Mr. Speaker, I continue to reserve the balance 
of my time
  Mr. LEVIN. Mr. Speaker, I yield 1 minute to the gentleman from New 
York (Mr. Meeks).
  Mr. MEEKS. Mr. Speaker, today's vote to grant the President trade 
promotion authority is about America's future in a globalized world.
  Let's be clear what is at stake. America's standing as a global 
leader has not come without strong leadership from this body, and it 
will not be sustained if we act out of fear rather than on facts. The 
most basic fact is that nations around the world are fighting for trade 
agreements for every advantage they can get for their economies and 
their workers.
  It then raises the question: If we don't pass this agreement, who 
will set the standards of trade? Will it be us, or will it be China? If 
this bill fails, it will be China.
  The bill before us today is a bipartisan effort to ensure that trade 
deals negotiated by the Executive will be guided by congressional 
directives to reach the highest, most transparent, and progressive 
standards ever required by law.
  This bill should have the support of any Member who cares about the 
enforceable labor and environmental standards, promoting the rule of 
law, greater congressional oversight, and greater transparency for the 
American people.
  Today, we are also considering Trade Adjustment Assistance, a program 
that for years Democrats have promoted to provide income and job 
training for those affected. TAA should pass also.

[[Page 9529]]


  Mr. RYAN of Wisconsin. Mr. Speaker, I continue to reserve the balance 
of my time.
  Mr. LEVIN. Mr. Speaker, may I inquire how much time is remaining?
  The SPEAKER pro tempore. The gentleman from Wisconsin has 9\1/2\ 
minutes remaining. The gentleman from Michigan has 7 minutes remaining.
  Mr. LEVIN. Mr. Speaker, I reserve the balance of my time.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield 3 minutes to the 
gentleman from Ohio (Mr. Tiberi), chairman of the Trade Subcommittee 
and member of the Ways and Means Committee.
  Mr. TIBERI. Mr. Speaker, I thank the chairman and thank him for his 
leadership, credible leadership, on this debate, about American 
leadership, quite frankly.
  Ladies and gentlemen, we are here to debate three bills today: trade 
assistance for displaced workers, trade promotional and accountability 
authority that inserts Congress into the President's ability under the 
Constitution to negotiate a trade agreement with anybody he or she 
wants, and then finally customs and enforcement.
  Enforcement is critical, ladies and gentlemen. It is a bill I am so 
thrilled and honored to have had the opportunity to introduce here in 
the House. This is a key bill as part of trade. Far too long, we 
haven't had as good of enforcement, quite frankly, as we need to have, 
and I am committed to that.
  Now, let me just mention one thing--trade deficits, trade surpluses. 
We have 20 countries that we have agreements with, trade agreements 
with, 20 of them. Two of them happen to be on our borders, Mexico and 
Canada.
  You take out energy that we import from them--and I would rather 
import it from them than anywhere else in the world--we have a trade 
surplus with those 20 countries, a surplus in manufacturing.
  My dad was in manufacturing. I already told you before--and Mr. Levin 
has heard this 1,000 times, I think; he is probably tired of hearing 
it--my dad lost his job of 25 years, and I lost my health care as a kid 
in the household, along with my sisters, long before NAFTA.
  Globalization began occurring, as Dr. Boustany said, after World War 
II. We can either engage or disengage. When we disengage, we lose. When 
America engages, we win. We can outwork anybody.
  What trade agreements do actually is break down barriers so we can 
compete, and then we have to have the enforcement piece. Ladies and 
gentlemen, that is what this is about. It is about breaking down 
barriers.
  My State of Ohio has been devastated by globalization. My dad's job 
before NAFTA was devastated by globalization. Forty-eight countries in 
Asia have had trade agreements with each other. For the last 10 years, 
we are party to two. The world is passing us by. We are being left 
behind. We can compete if we break down barriers. That is what we need 
to do today.
  Trade assistance--insert Congress into the President's ability to 
negotiate because he already has that ability. This doesn't change 
that. This inserts us. This inserts slow track. With that agreement, 
whatever that agreement is, in Asia, in Europe, 60 days in public 
before the President can sign it, 60 days.
  I wish I had 6 hours--6 hours--to review the Affordable Care Act 
before I had to vote on it. This is 60 days where Members will have an 
ability to look at what was negotiated. If we don't like it, we will 
vote it down. We have the constitutional authority to do that.
  This is about jobs. Vote all three bills ``yes.''
  Mr. LEVIN. Mr. Speaker, I yield 1 minute to the gentleman from 
Illinois (Mr. Lipinski).
  Mr. LIPINSKI. Mr. Speaker, I rise today in strong support of American 
workers, American manufacturing, and the environment and in strong 
opposition to TPA.
  TPA is woefully inadequate when it comes to stopping currency 
manipulation, enforcing labor standards, and protecting American 
consumer and environmental protections. This is exactly the wrong time 
for Congress to be giving up its authority, which is our constituents' 
ability to have a voice on trade deals.
  This is not labor versus business. Lapham-Hickey Steel, Independence 
Tube, and countless other manufacturers across my district oppose this. 
Ford Motor opposes this because they know past trade agreements sold as 
economic boons have been a bust, and they are gravely concerned about 
how the massive TPP enabled by this TPA will kill more Americans jobs. 
We need fair trade and American workers will win, but that is not what 
they are being given.
  It is time for Congress to stand up for the middle class and American 
manufacturing and stop passing bad trade deals. Vote ``no'' on TPA.
  Mr. RYAN of Wisconsin. Mr. Speaker, I reserve the balance of my time.
  Mr. LEVIN. Mr. Speaker, I yield 1 minute to the gentleman from Ohio 
(Mr. Ryan).
  Mr. RYAN of Ohio. Mr. Speaker, I thank the gentleman for yielding.
  This reminds me of the song: Are you going to believe me or your 
lying eyes? When you come from areas of the country that some of us 
represent, you see what has happened with these trade deals.
  Adelphi factory in Warren, Ohio, had 13,000 workers. NAFTA passed; 
they moved over the border and ship their products back to the United 
States. We will be lucky if there are even 2,000 workers there. An auto 
plant had 16,000 workers, General Motors. Now, they are down to 3,000-
4,000 because of the trade agreements.
  The chairman talked about currency manipulation. We have countries 
shipping products to the United States; their final product lands on 
our shores, and it is the same cost as the raw materials for the 
American company. That is not free trade. That is not fair trade. That 
is a raw deal for the companies in the United States and the American 
workers.
  Let's even say that these trade agreements are good for the economy, 
as many people may believe. You still need immigration reform; you 
still need a transportation bill; you still need investments in 
research, in biosciences, and renewable energy.
  I can't believe that some of us are voting for this and not getting 
any of those other things implemented. No, no, no.
  Mr. RYAN of Wisconsin. Mr. Speaker, at this time, I yield 2 minutes 
to the gentleman from New York (Mr. Reed), a member of the House Ways 
and Means Committee.
  Mr. REED. Mr. Speaker, I thank the chairman for yielding.
  I rise today, Mr. Speaker, in strong support of trade. It is time for 
us to lead. When you open up markets to our manufacturers, to our 
workers, you are creating jobs here on American soil.
  I am a firm believer in U.S. manufacturing, Mr. Speaker. I co-chair 
with my colleague from Ohio the Manufacturing Caucus here, and what we 
are seeing is a renaissance in U.S. manufacturing. We are finally 
driving utility costs down. We are creating an opportunity where U.S. 
manufacturers are coming back on shore.
  What do we need to do? We need to create markets. Ninety-five percent 
of the world's population lives outside of America's borders. Forty 
percent of the world's market is represented in the negotiations that 
are going on with the Trans-Pacific Partnership.
  Why in the world would we not lead and negotiate an openness and fair 
level playing field for our American workers and our American 
manufacturers? It doesn't make any sense.
  I ask my colleagues to join us, join with us, to open up these 
markets so that we can create the jobs of today and tomorrow where we 
make it here to sell it there. That is what this is doing. That is what 
trade is all about. When we have rules-based trade, our workers and our 
manufacturers win.
  I encourage us not to get into these petty political fights and have 
some type of litmus test as to who is on whose side in regards to this 
issue. Stand with the American workers; stand with the American 
manufacturers; open up those world markets to our rules-based system, 
and I would agree, at the end of the day, we all win, and America will 
win.

[[Page 9530]]


  Mr. LEVIN. Mr. Speaker, I yield 1 minute to the gentleman from 
Florida (Mr. Clawson), as I understand he hasn't been able to get time 
from his side.
  Mr. CLAWSON of Florida. Mr. Speaker, I am for opportunity for 
everyone and fairness for everyone, including American companies and 
American workers.
  Since leaving my career in the automotive industry, I often run into 
folks that I used to know from the industry, except now they work at 
CVS or they work at the TSA. They say: Mr. Clawson, any chance the 
plant is going to open back up? I am having a hard time making ends 
meet. I am having a hard time paying for my kid's college education.
  I, unfortunately, can't give them much hope. If those plants close 
because of lack of American competitiveness, I can swallow hard, and I 
can accept it; but when those plants close because of currency 
manipulations, which is an afterthought today, then I don't accept it, 
and my sadness for this unemployment turns to hardness, which is where 
I am today.
  This is not about American competitiveness; this is about getting a 
chance for world-class manufacturing facilities who eliminate jobs.
  I say currency manipulation, no way. I say TPA, no way. I say vote 
``no.''
  Mr. RYAN of Wisconsin. Mr. Speaker, may I inquire as to how many 
speakers are left on the other side?
  Mr. LEVIN. We have one, and I will close.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield 1 minute to the gentleman 
from Texas (Mr. Sessions), the distinguished chairman of the House 
Rules Committee, the coauthor of the TPA bill.
  Mr. SESSIONS. Mr. Speaker, I thank the young chairman from Wisconsin 
for his hard work.
  Mr. Speaker, before we pass TPA today, the law is that the President 
of the United States can go negotiate whatever he wants without 
negotiation with the Congress and just go do it and come and plop it on 
our doorstep.
  I disagree with that, and that is why we are doing TPA, trade 
promotion authority, where the House of Representatives maintains its 
constitutional prerogatives and is empowering through TPA any 
President, whoever the President is, for the next 7 years to go 
negotiate in some 150 parameters as they negotiate.
  We maintain our sovereignty in this bill, including additions that we 
say the President cannot go negotiate--a new global warming trade bill, 
climate change, he cannot go negotiate anything new on immigration; it 
goes on and on and on--steel, and other things.
  We are giving the President our authority and expecting him to 
negotiate therein. This is a good deal for the American worker.
  Mr. LEVIN. Mr. Speaker, it is now my real pleasure to yield 1 minute 
to the gentlewoman from California (Ms. Pelosi), our leader.

                              {time}  1300

  Ms. PELOSI. Mr. Speaker, today, we have a very important decision to 
make in this Congress.
  I join with the Speaker in acknowledging the hard work that so many 
have put in on this important subject.
  I want to thank the President of the United States and his 
administration for being available with their Cabinet officers and the 
rest to explain to us how they see what is in the TPA--let me call it 
``fast track'' so we separate this out--and what the prospects are now 
for the Trans-Pacific Partnership.
  I want to thank our friends in labor, environmental groups, and 
faith-based groups who have expressed their opposition to so much of 
what has been presented, all of which will be constructive as we try to 
move forward with a better trade promotion act--fast track. Not so fast 
fast track.
  We all understand that we live in a global economy. Some of us, as I 
do, represent cities that are built on trade, the city of San 
Francisco, and I grew up in a city where the famous clipper ships 
brought product to and from our shores in Baltimore, Maryland. It is a 
great and exciting prospect to expand markets for our products and 
having U.S. global leadership.
  I was hopeful from the start of all of this discussion that we could 
find a path to ``yes'' for the fast-track legislation that was being 
put forth. There were some bumps in the road along the way and some 
potholes along the way--unfortunately, I think, sinkholes as well--but 
that doesn't mean that that road cannot be repaired. I just believe 
that it must be lengthened.
  Each week, each of us goes home to our districts, and in the case of 
many of us, we put our hands on a very hot stove. We hear the concerns 
of so many families who have financial instability and uncertainty. 
Some of it is still springing from 2008 when they were threatened with 
the loss of their homes, their jobs, and their pensions, when they were 
living on their savings, with the inability to send their kids to 
college--all of it undermining the American Dream. As the economy has 
improved under the leadership of President Obama, still, middle class 
economics have not fully turned around the country, because the 
consumer confidence that people must have in order to invest, to spend, 
to inject demand into the economy is simply not there.
  So my concern about all of this, it is about time. Why are we fast-
tracking trade and slow-walking the highway bill? It is about time. 
Again, people have not recovered from 2008 sufficiently to have the 
consumer confidence to turn around our consumer economy. I think, 
today, we have an opportunity to slow down. We all know we want to 
engage in trade promotion and the rest of that, but we have to slow 
down. With whatever the deal is with other countries, we want a better 
deal for America's workers.
  Another element of time that I am concerned about is the time that is 
running out for us to rein in the consequences of climate change. I 
want to just talk about myself for a moment, and I am bragging. I hold 
myself second to none in this body on the subject of protecting the 
environment and recognizing the challenges of climate crisis.
  When I first came to the Congress, President George Herbert Walker 
Bush was President, and he signed my legislation, which is now called 
the Pelosi Amendment to the International Development and Finance Act 
of 1989. It said that any of our directors with any of our multilateral 
development banks had to have an environmental assessment made--and 
made known--to the indigenous people who were affected by whatever 
development was there and made known to the world. The connection 
between the environment and commerce is inseparable, and for over 25 
years, the Pelosi Amendment has been in effect.
  When I became Speaker, my flagship issue was energy independence and 
climate, so I speak from some authority on this subject. The son of 
George Herbert Walker Bush, President George W. Bush, signed the energy 
bill of 2007. We worked together to find alternatives to fossil fuels. 
He wanted nuclear, and I wanted renewables. We had a very successful 
energy bill of 2007, done under the auspices of the Select Committee on 
Energy Independence and Global Warming that I established as Speaker, 
which has been abolished since then.
  Pope Francis, in another week, will be announcing his initiative on 
climate. While this is all going on--while schoolchildren know that 
this is a challenge that we must face to protect our planet, while 
people of faith join us and say, ``This is God's creation, and we have 
a moral responsibility to be good stewards of it''--in this bill today, 
which is the customs bill that is on the floor right now, it prohibits 
the USTR from negotiating on climate change. How could it be? Twenty-
five years ago, the Pelosi Amendment was passed because we saw melting 
snow in regions, and areas as big as the United Kingdom were burning in 
the Amazon. This is 25 years later, and we are putting in the bill that 
the USTR cannot negotiate on climate change. You cannot separate 
commerce and the environment.
  I salute the President. He has been magnificent and courageous in 
going out there and taking up the fight for America's leadership on 
climate

[[Page 9531]]

change. He has been great. He has an agreement with China, which almost 
could not have been foreseen except for his leadership and the 
cooperation between our two countries. So it is not that he isn't doing 
his part. It is Congress. Again, it is about time, slowing down our 
responses when we should be proactive, yet fast-tracking legislation to 
do that.
  What is interesting is, we in the House, are we labeling ourselves 
the ``lower body'' and giving new meaning to that term when the Senate 
could have opportunity for amendment after amendment if their 
colleagues gave them the votes? In this House, we fast-track the fast 
track with no chance to amend any of it. Just vote it up or down. I 
find that unnecessary, unacceptable, and one place we could go to have 
a discussion on how to improve the fast-track legislation. At the same 
time, the Republican majority is allowing in the customs bill 
amendments to the fast-track bill, this amendment on climate, other 
amendments on immigration, and they were spelled out by Mr. Sessions 
earlier and with great pride--amendments to the fast track in the 
customs bill but no amendments for Democrats. Again, I don't see how 
this Congress can ignore that. I don't see how this trade agreement can 
ignore it.
  Much has been said about security issues that are involved in this 
agreement and that we have to make a geopolitical case for this trade 
agreement. Of course, we always have the safety of the American people 
as our first responsibility. Their security is what we come here to 
protect. Yet how could it be that we are allowing--again, let me say it 
another way because I am being very prayerful about this. Pope Paul VI 
said--I mentioned Francis earlier--if you want peace, work for justice, 
economic justice. I don't see this happening in this fast-track bill, 
or the lifting up of people in the rest of the world or having trade 
agreements that increase the paycheck of America's workers. That should 
be our first order of business--environmental justice, looking at these 
prohibitions on dealing with climate in 11 other countries in the world 
and then our own.
  I commend the President because, in the fast-track bill, there are 
some good provisions, issues, on the environment. I am talking about an 
ethic, a responsibility, a comprehensive view of the future. Again, the 
Pelosi Amendment addressed the indigenous people, all of these people, 
who will be not of the first, shall we say, priority for many of these 
countries as they make their economic decisions.
  On the subject of security, last year, 16 former three- and four-star 
generals and admirals who served on the CNA Corporation's Military 
Advisory Board released a report, and 16 former three- and four-star 
generals said that climate change is a catalyst for conflict. Climate 
change, they said, will have an impact on military readiness, strain 
base resilience both at home and abroad, and it may limit our ability 
to respond to future demands.
  We have rejected fast track before. After NAFTA, President Clinton 
sent a fast-track bill to the Congress, and it didn't even have enough 
votes to be taken up. The second time, it was rejected. When we had a 
majority in the House, we did not have fast track for President Bush. 
So, when people say this is the first time, it isn't so. Instead, under 
the leadership of Mr. Levin and Mr. Rangel, we had the May 10 agreement 
with the basic principles of how we should engage other countries. That 
is part of--and thank you, Mr. President--what the TPA has as its 
goals, but we were dealing bilaterally, one country at a time. This is 
a multilateral agreement with 11 other countries--12 countries and 
growing--and we need to slow this fast track down. I think it is 
possible.
  One of the questions that arises is the question of the trade 
adjustment assistance. Most of us have not only voted for this but have 
been champions of it over time. In speaking about myself again, it was 
one of the first issues I dealt with when I came to the Congress. It is 
really important, but as some of my colleagues have said, our people 
would rather have a job than trade adjustment assistance. I talked 
about that red-hot stove that people put their hands on when they go 
home. Mr. Cicilline talked about his district, Mr. Norcross about his, 
Mr. Boyle about his, and the list goes on and on. How do we say to 
these people, ``We are here for you; you are our top priority'' when 
the impression that they have is that this is not a good deal for them? 
But it can be. I am hopeful that it can be. So, while I am a big 
supporter of TAA, if TAA slows down the fast track, I am prepared to 
vote against TAA because, then, its defeat, sad to say, is the only way 
that we will be able to slow down the fast track.
  Now, I understand there will be some manipulations here one way or 
another as to what bill comes first and what can come up and what 
can't, but the facts are these, actually: if TAA fails, the fast track 
bill is stopped. They may take up the vote, as they said they would 
not, but they have changed. They may take up the vote, but it doesn't 
go anyplace. It is stuck in the station. And for that reason, because 
the Senate has sent us the bill that way, connected--and if the fast 
track passes, we will need TAA--sadly, I would vote against the TAA, 
and I just wanted you to know where I was coming from on that.
  For these and other reasons, I will be voting today to slow down the 
fast track in order to get a better deal for the American people--
bigger paychecks, better infrastructure. Help the American people 
fulfill the American Dream.
  Again, I thank Mr. Levin for his leadership, and I thank all of our 
colleagues who have worked so hard on this, really, on both sides of 
the issue.

                              {time}  1315

  Mr. RYAN of Wisconsin. How much time is remaining?
  The SPEAKER pro tempore. The gentleman from Wisconsin has 3\1/2\ 
minutes remaining, and the gentleman from Michigan has 3 minutes 
remaining.
  Mr. RYAN of Wisconsin. Given that I have the right to close, I 
reserve the balance of my time.
  Mr. LEVIN. Mr. Speaker, I am ready to close, and I yield myself the 
balance of my time.
  Today the votes on TAA and TPA are combined, and we did not do that. 
The Republicans did so to win votes for TPA, so they used TAA as a 
bargaining chip. I don't support their doing so, as someone who has 
been a lead sponsor of TAA. Voting ``no'' on TAA gives us a better 
chance to get all of these issues right.
  Throughout my career, I have voted on lots of trade agreements, and I 
have voted for most of them. I negotiated a few of them when USTR would 
not do so. As mentioned, we Democrats are responsible for the labor and 
environmental standards and, very importantly, access to medicines that 
we worked out with difficulty also on May 10. So we Democrats built the 
foundation, and we don't want to see it eroded. Language in bills isn't 
enough; it is what will happen in terms of the implementation of that 
language.
  I want to say just a few words about jobs, because it is often said 
we have lost those jobs, they have gone away, so, therefore, don't 
worry. There are millions of jobs in this country that are in danger of 
being lost if we don't do trade right. That is why we need to do it 
right. I think TPA essentially puts TPP on a fast track when it is on 
the wrong track. It is on the wrong track. There are negotiating 
objectives, but they are so vague, they don't really mean anything.
  We put forth a very, very important alternative, a substitute bill 
that laid out instructions on each of these 10 or 11 issues, whether it 
was workers' rights--I can go down the list--currency, environment, 
investment, access to medicines, automotive market access, rules of 
origin, tobacco controls, state-owned enterprises, agricultural market 
access, food safety. There has been a response to none of these.
  So as someone who believes in expanded trade, we have to do better, 
and to fast-track TPA is on the wrong track. I urge a ``no'' vote on 
all of these bills.
  I yield back the balance of my time.
  Mr. RYAN of Wisconsin. Mr. Speaker, I yield myself the balance of my 
time.

[[Page 9532]]

  I make two points. This is about bringing transparency and 
accountability to government. We are not considering a trade agreement 
today. We are considering a process by which we consider trade 
agreements. That is what trade promotion authority is. In this process, 
we are saying you have got to let Members of Congress see the 
negotiating text, you have got to let the country see a trade agreement 
once an agreement is reached, and you have got to follow Congress' 
rules, Congress' direction. That is what this does to make sure that 
the executive branch follows the track laid out by the legislative 
branch. The bigger point is this: this is about jobs; it is about 
income, take-home pay, American leadership.
  Mr. Speaker, the world is watching us right now. They are watching 
this vote. Since TPA lapsed in 2007, the rest of the world kept going. 
While America stood still on trade, the rest of the world created 100 
trade agreements, negotiated and passed 100 trade agreements, to which 
the United States was a party to zero of them. What this means is other 
countries are going around the world getting better agreements between 
other countries, lower tariffs, lower nontariff barriers, so their 
trade grows, and as a result the barriers against American products go 
higher.
  Ninety-five percent of the world's consumers don't live here; they 
live in other countries. If we want good jobs and good wages, we need 
to make and grow more things in America and sell them overseas. What is 
happening is, every single day we do nothing to open these markets up, 
we lose, and the rest of the world gets those jobs.
  The last point is a point that I think people don't appreciate as 
well. We are in the dawn of the 21st century with enormous issues: 
cyber threats, intellectual property, you name it. The rule book on how 
the global economy works is being written right now. The only way for 
us to be in the game to write that rule book is through trade 
agreements: get other countries to agree to our rules, get other 
countries to agree to our standards, open their markets to our 
products. That is how we write the rules for the global economy. That 
is how America leads.
  A ``no'' vote is to say America can't even try. A ``yes'' vote is to 
say more transparency, more accountability. Then Congress decides, and 
we are giving America a chance to stay in the leading position in the 
world. That is why I argue for a ``yes,'' ``yes,'' ``yes'' vote.
  I want to thank everyone on the staff of the Ways and Means Trade 
Subcommittee.
  Our staff director, Angela Ellard, Geoff Antell, Stephen Claeys, 
Nasim, Neena Shenai, Casey Higgins, Paul Guaglianone.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GENE GREEN of Texas. Mr. Speaker, I rise in strong opposition to 
fast track authority and the Trade Act of 2015. Passage of this 
legislation today will undermine Congress's constitutional authority to 
regulate trade and, I fear, accelerate the de-industrialization of our 
great country.
  The Constitution is very clear that it is Congress, and Congress 
alone, that has the power to ``regulate commerce with foreign 
nations.'' Passage of fast track, which grants the Executive Branch 
authority over how and when legislation must be considered by Congress, 
undermines our chamber's very ability to effectively regulate foreign 
commerce.
  I share the concerns of many Members and middle class families in 
Texas and around the country about the Trans-Pacific Partnership--TPP--
this mega-trade deal we are negotiating with Japan, Vietnam, and other 
countries.
  To this date, Congress has been left in the dark as to what's in TPP, 
let alone made public to the American people. We are told that TPP will 
help American businesses export billions of dollars of manufactured and 
services each year and has labor and environmental protections that all 
countries will have to abide by. But we simply don't know because we 
haven't seen the text.
  What I do know is that these so-called free trade deals have 
displaced millions of middle class jobs to developing countries over 
the past 20 years.
  Our district in Houston and Harris County, Texas saw first-hand the 
consequences of free trade when five plants moved to Mexico in the 
years immediately after we joined NAFTA.
  If TPP benefits the American people as much its supporters say, it 
doesn't need fast track. It can--and should--be considered under 
regular order and give Congress and the American people the time to 
debate the merits of this trade agreement, the largest our country has 
ever negotiated.
  Mr. Speaker, I call on Members from both sides of the aisle to stand 
with America's working families and small businesses and to vote no on 
fast track.
  Mr. VAN HOLLEN. Mr. Speaker, I rise in opposition to the Customs 
bill--a bill that was included as part of a trade package that includes 
Trade Adjustment Assistance and Trade Promotion Authority, also known 
as Fast Track. This vote represents a flawed and hurried process to 
expedite the proposed Trans-Pacific Partnership Agreement. Moreover, 
the Customs Bill fails to strengthen trade policy and enforcement and 
instead is being used as a way to weaken TPA and its negotiating 
objectives.
  While the Customs bill is designed to modernize customs operations 
and promote enforcement at the border through trade laws, it takes a 
number of steps back in these areas. For example, this bill cuts 
funding for the Interagency Trade Enforcement Center and the Trade 
Enforcement Trust Fund. It also removes a currency manipulation 
provision that passed out of the Senate with bipartisan support that 
would have imposed countervailing duties against countries that 
manipulate their currencies. I am also troubled by a provision that 
weakens a human trafficking negotiating objective that would have 
prevented the U.S. from entering into trade agreements with countries 
in the State Department Human Trafficking Report such as Malaysia, by 
allowing the President to simply certify that countries are taking 
``concrete steps'' to address human trafficking.
  In addition, I am deeply opposed to a new negotiating objective that 
was added in the 11th hour, which ensures that trade agreements do not 
create new obligations related to combating climate change or that 
would require changes in U.S. domestic laws. Trade agreements must not 
restrict our ability to tackle climate change in the 21st century.
  This bill also adds restrictive language related to immigration to 
ensure that trade agreements do not require changes to U.S. immigration 
laws or the issuance of new visas.
  Mr. Speaker, we have to strengthen TPA and its negotiating 
objectives--not weaken it. We must improve TPA before moving forward on 
any future trade agreement that will have wide-ranging consequences for 
America's working class. I strongly urge a ``no'' vote.
  Mr. CONYERS. Mr. Speaker, although I oppose H.R. 644, the Trade 
Facilitation and Trade Enforcement Act of 2015, I rise in support of 
Section 302 of the bill because it wisely allows Customs and Border 
Protection (CBP) the flexibility to determine when there is a suspicion 
that goods are counterfeit. The section clarifies that CBP shall 
consult with Intellectual Property (IP) owners and preserves the 
flexibility of customs to first consult as appropriate with the 
importer. However, it does not direct CBP to modify in any particular 
way its procedures regarding notice to importers prior to determining 
whether there is a suspicion that their detained goods are possibly 
counterfeit. This should result in earlier and more accurate decisions 
by CBP and preserve the ability of lawful importers to protect their 
confidential information from disclosure.
  I am aware of cases where importers of genuine material have suffered 
significant and real costs because of CBP suspicions that the material 
was counterfeit. These losses occurred because shipments that were 
detained or seized were ultimately determined to be genuine and 
released long after their arrival and expected delivery dates. For 
example, in one case, a company suffered delays and increased costs for 
over 17 shipments that were seized or intensively examined by CBP over 
a three-month period after which all of the goods were ultimately 
determined to be genuine and were released long after their arrival and 
expected delivery dates. In another case, a company reported one 
shipment was seized and another one was detained for more than 30 days 
before both of these shipments were found to be genuine and were 
released. As a result of these long delays, the importers in each of 
these cases suffered significant costs for storage, brokerage, legal 
fees, product damage, and losses in customer good will.
  I thank Chairman Ryan as well as the other Ways & Means Committee 
members who remain as committed as I am to preventing counterfeit 
merchandise from crossing our borders. I look forward to working with 
them to ensure smooth implementation of this new policy.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to clause 1(c) of rule XIX, further consideration of the 
motion to

[[Page 9533]]

concur with an amendment is postponed.

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