Text: H.R.644 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-125 (02/24/2016)

 
[114th Congress Public Law 125]
[From the U.S. Government Publishing Office]



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          TRADE FACILITATION AND TRADE ENFORCEMENT ACT OF 2015

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Public Law 114-125
114th Congress

                                 An Act


 
 To reauthorize trade facilitation and trade enforcement functions and 
   activities, and for other purposes. <<NOTE: Feb. 24, 2016 -  [H.R. 
                                 644]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress 
assembled, <<NOTE: Trade Facilitation and Trade Enforcement Act of 
2015. 19 USC 4301 note.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

            TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT

Sec. 101. Improving partnership programs.
Sec. 102. Report on effectiveness of trade enforcement activities.
Sec. 103. Priorities and performance standards for customs 
           modernization, trade facilitation, and trade enforcement 
           functions and programs.
Sec. 104. Educational seminars to improve efforts to classify and 
           appraise imported articles, to improve trade enforcement 
           efforts, and to otherwise facilitate legitimate international 
           trade.
Sec. 105. Joint strategic plan.
Sec. 106. Automated Commercial Environment.
Sec. 107. International Trade Data System.
Sec. 108. Consultations with respect to mutual recognition arrangements.
Sec. 109. Commercial Customs Operations Advisory Committee.
Sec. 110. Centers of Excellence and Expertise.
Sec. 111. Commercial risk assessment targeting and trade alerts.
Sec. 112. Report on oversight of revenue protection and enforcement 
           measures.
Sec. 113. Report on security and revenue measures with respect to 
           merchandise transported in bond.
Sec. 114. Importer of record program.
Sec. 115. Establishment of importer risk assessment program.
Sec. 116. Customs broker identification of importers.
Sec. 117. Priority trade issues.
Sec. 118. Appropriate congressional committees defined.

                   TITLE II--IMPORT HEALTH AND SAFETY

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

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

Sec. 301. Definition of intellectual property rights.
Sec. 302. Exchange of information related to trade enforcement.
Sec. 303. Seizure of circumvention devices.
Sec. 304. Enforcement by U.S. Customs and Border Protection of works for 
           which copyright registration is pending.
Sec. 305. National Intellectual Property Rights Coordination Center.
Sec. 306. Joint strategic plan for the enforcement of intellectual 
           property rights.

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Sec. 307. Personnel dedicated to the enforcement of intellectual 
           property rights.
Sec. 308. Training with respect to the enforcement of intellectual 
           property rights.
Sec. 309. International cooperation and information sharing.
Sec. 310. Report on intellectual property rights enforcement.
Sec. 311. Information for travelers regarding violations of intellectual 
           property rights.

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

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

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

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

        Subtitle B--Investigation of Evasion of Trade Remedy Laws

Sec. 421. Procedures for investigating claims of evasion of antidumping 
           and countervailing duty orders.

                        Subtitle C--Other Matters

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

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

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

               TITLE VI--ADDITIONAL ENFORCEMENT PROVISIONS

Sec. 601. Trade enforcement priorities.
Sec. 602. Exercise of WTO authorization to suspend concessions or other 
           obligations under trade agreements.
Sec. 603. Trade monitoring.
Sec. 604. Establishment of Interagency Center on Trade Implementation, 
           Monitoring, and Enforcement.
Sec. 605. Inclusion of interest in certain distributions of antidumping 
           duties and countervailing duties.
Sec. 606. Illicitly imported, exported, or trafficked cultural property, 
           archaeological or ethnological materials, and fish, wildlife, 
           and plants.
Sec. 607. Enforcement under title III of the Trade Act of 1974 with 
           respect to certain acts, policies, and practices.
Sec. 608. Honey transshipment.
Sec. 609. Establishment of Chief Innovation and Intellectual Property 
           Negotiator.
Sec. 610. Measures relating to countries that deny adequate protection 
           for intellectual property rights.
Sec. 611. Trade Enforcement Trust Fund.

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

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

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

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

Sec. 801. Short title.

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Sec. 802. Establishment of U.S. Customs and Border Protection.

                   Subtitle B--Preclearance Operations

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. De minimis value.
Sec. 902. Consultation on trade and customs revenue functions.
Sec. 903. Penalties for customs brokers.
Sec. 904. Amendments to chapter 98 of the Harmonized Tariff Schedule of 
           the United States.
Sec. 905. Exemption from duty of residue of bulk cargo contained in 
           instruments of international traffic previously exported from 
           the United States.
Sec. 906. Drawback and refunds.
Sec. 907. Report on certain U.S. Customs and Border Protection 
           agreements.
Sec. 908. Charter flights.
Sec. 909. United States-Israel trade and commercial enhancement.
Sec. 910. Elimination of consumptive demand exception to prohibition on 
           importation of goods made with convict labor, forced labor, 
           or indentured labor; report.
Sec. 911. Voluntary reliquidations by U.S. Customs and Border 
           Protection.
Sec. 912. Tariff classification of recreational performance outerwear.
Sec. 913. Modifications to duty treatment of protective active footwear.
Sec. 914. Amendments to Bipartisan Congressional Trade Priorities and 
           Accountability Act of 2015.
Sec. 915. Trade preferences for Nepal.
Sec. 916. Agreement by Asia-Pacific Economic Cooperation members to 
           reduce rates of duty on certain environmental goods.
Sec. 917. Amendment to Tariff Act of 1930 to require country of origin 
           marking of certain castings.
Sec. 918. Inclusion of certain information in submission of nomination 
           for appointment as Deputy United States Trade Representative.
Sec. 919. Sense of Congress on the need for a miscellaneous tariff bill 
           process.
Sec. 920. Customs user fees.
Sec. 921. Increase in penalty for failure to file return of tax.
Sec. 922. Permanent moratorium on Internet access taxes and on multiple 
           and discriminatory taxes on electronic commerce.

SEC. 2. <<NOTE: 19 USC 4301.>>  DEFINITIONS.

    In this Act:
            (1) Automated commercial environment.--The term ``Automated 
        Commercial Environment'' means the Automated Commercial 
        Environment computer system authorized under section 13031(f)(4) 
        of the Consolidated Omnibus Budget Reconciliation Act of 1985 
        (19 U.S.C. 58c(f)(4)).
            (2) Commercial operations of u.s. customs and border 
        protection.--The term ``commercial operations of U.S. Customs 
        and Border Protection'' includes--
                    (A) administering any customs revenue function (as 
                defined in section 415 of the Homeland Security Act of 
                2002 (6 U.S.C. 215));
                    (B) coordinating efforts of the Department of 
                Homeland Security with respect to trade facilitation and 
                trade enforcement;
                    (C) coordinating with the Director of U.S. 
                Immigration and Customs Enforcement with respect to--
                          (i) investigations relating to trade 
                      enforcement; and

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                          (ii) the development and implementation of the 
                      joint strategic plan required by section 105;
                    (D) coordinating, on behalf of the Department of 
                Homeland Security, efforts among Federal agencies to 
                facilitate legitimate trade and to enforce the customs 
                and trade laws of the United States, including 
                representing the Department of Homeland Security in 
                interagency fora addressing such efforts;
                    (E) coordinating with customs authorities of foreign 
                countries to facilitate legitimate international trade 
                and enforce the customs and trade laws of the United 
                States and the customs and trade laws of foreign 
                countries;
                    (F) collecting, assessing, and disseminating 
                information as appropriate and in accordance with any 
                law regarding cargo destined for the United States--
                          (i) to ensure that such cargo complies with 
                      the customs and trade laws of the United States; 
                      and
                          (ii) to facilitate the legitimate 
                      international trade of such cargo;
                    (G) soliciting and considering on a regular basis 
                input from private sector entities, including the 
                Commercial Customs Operations Advisory Committee 
                established by section 109 and the Trade Support 
                Network, with respect to, as appropriate--
                          (i) the implementation of changes to the 
                      customs and trade laws of the United States; and
                          (ii) the development, implementation, or 
                      revision of policies or regulations administered 
                      by U.S. Customs and Border Protection; and
                    (H) otherwise advising the Secretary of Homeland 
                Security with respect to the development of policies 
                associated with facilitating legitimate trade and 
                enforcing the customs and trade laws of the United 
                States.
            (3) Commissioner.--The term ``Commissioner'' means the 
        Commissioner of U.S. Customs and Border Protection, as described 
        in section 411(b) of the Homeland Security Act of 2002, as 
        amended by section 802(a) of this Act.
            (4) Customs and trade laws of the united states.--The term 
        ``customs and trade laws of the United States'' includes the 
        following:
                    (A) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.).
                    (B) Section 249 of the Revised Statutes (19 U.S.C. 
                3).
                    (C) Section 2 of the Act of March 4, 1923 (42 Stat. 
                1453, chapter 251; 19 U.S.C. 6).
                    (D) The Act of March 3, 1927 (44 Stat. 1381, chapter 
                348; 19 U.S.C. 2071 et seq.).
                    (E) Section 13031 of the Consolidated Omnibus Budget 
                Reconciliation Act of 1985 (19 U.S.C. 58c).
                    (F) Section 251 of the Revised Statutes (19 U.S.C. 
                66).
                    (G) Section 1 of the Act of June 26, 1930 (46 Stat. 
                817, chapter 617; 19 U.S.C. 68).
                    (H) The Act of June 18, 1934 (48 Stat. 998, chapter 
                590; 19 U.S.C. 81a et seq.; commonly known as the 
                ``Foreign Trade Zones Act'').

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                    (I) Section 1 of the Act of March 2, 1911 (36 Stat. 
                965, chapter 191; 19 U.S.C. 198).
                    (J) The Trade Act of 1974 (19 U.S.C. 2101 et seq.).
                    (K) The Trade Agreements Act of 1979 (19 U.S.C. 2501 
                et seq.).
                    (L) The North American Free Trade Agreement 
                Implementation Act (19 U.S.C. 3301 et seq.).
                    (M) The Uruguay Round Agreements Act (19 U.S.C. 3501 
                et seq.).
                    (N) The Caribbean Basin Economic Recovery Act (19 
                U.S.C. 2701 et seq.).
                    (O) The Andean Trade Preference Act (19 U.S.C. 3201 
                et seq.).
                    (P) The African Growth and Opportunity Act (19 
                U.S.C. 3701 et seq.).
                    (Q) The Customs Enforcement Act of 1986 (Public Law 
                99-570; 100 Stat. 3207-79).
                    (R) The Customs and Trade Act of 1990 (Public Law 
                101-382; 104 Stat. 629).
                    (S) The Customs Procedural Reform and Simplification 
                Act of 1978 (Public Law 95-410; 92 Stat. 888).
                    (T) The Trade Act of 2002 (Public Law 107-210; 116 
                Stat. 933).
                    (U) The Convention on Cultural Property 
                Implementation Act (19 U.S.C. 2601 et seq.).
                    (V) The Act of March 28, 1928 (45 Stat. 374, chapter 
                266; 19 U.S.C. 2077 et seq.).
                    (W) The Act of August 7, 1939 (53 Stat. 1262, 
                chapter 566).
                    (X) The Bipartisan Congressional Trade Priorities 
                and Accountability Act of 2015 (Public Law 114-26; 19 
                U.S.C. 4201 et seq.).
                    (Y) The Trade Preferences Extension Act of 2015 
                (Public Law 114-27; 129 Stat. 362).
                    (Z) Any other provision of law implementing a trade 
                agreement.
                    (AA) Any other provision of law vesting customs 
                revenue functions in the Secretary of the Treasury.
                    (BB) Any other provision of law relating to trade 
                facilitation or trade enforcement that is administered 
                by U.S. Customs and Border Protection on behalf of any 
                Federal agency that is required to participate in the 
                International Trade Data System established under 
                section 411(d) of the Tariff Act of 1930 (19 U.S.C. 
                1411(d)).
                    (CC) Any other provision of customs or trade law 
                administered by U.S. Customs and Border Protection or 
                U.S. Immigration and Customs Enforcement.
            (5) Private sector entity.--The term ``private sector 
        entity'' means--
                    (A) an importer;
                    (B) an exporter;
                    (C) a forwarder;
                    (D) an air, sea, or land carrier or shipper;
                    (E) a contract logistics provider;
                    (F) a customs broker; or

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

            TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT

SEC. 101. <<NOTE: 19 USC 4311.>>  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) <<NOTE: Consultation.>>  consult with private sector 
        entities, the public, and other Federal agencies when 
        appropriate, to ensure that participants in those programs 
        receive commercially significant and measurable trade benefits, 
        including providing preclearance of merchandise for qualified 
        persons that demonstrate the highest levels of compliance with 
        the customs and trade laws of the United States, regulations of 
        U.S. Customs and Border Protection, and other requirements the 
        Commissioner determines to be necessary;
            (2) ensure an integrated and transparent system of trade 
        benefits and compliance requirements for all partnership 
        programs of U.S. Customs and Border Protection;
            (3) consider consolidating partnership programs in 
        situations in which doing so would support the objectives of 
        such programs, increase participation in such programs, enhance 
        the trade benefits provided to participants in such programs, 
        and enhance the allocation of the resources of U.S. Customs and 
        Border Protection;
            (4) <<NOTE: Coordination.>>  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

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                System established under section 411(d) of the Tariff 
                Act of 1930 (19 U.S.C. 1411(d));
                    (B) to ensure that the partnership programs of those 
                agencies are compatible with the partnership programs of 
                U.S. Customs and Border Protection;
                    (C) <<NOTE: Criteria.>>  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) <<NOTE: Summaries.>>  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) <<NOTE: Assessment.>>  assesses the effectiveness of 
        each such partnership program in advancing the security, trade 
        enforcement, and trade facilitation missions of U.S. Customs and 
        Border Protection, based on historical developments, the level 
        of participation in the program, and the evolution of benefits 
        provided to participants in the program;
            (5) summarizes the efforts of U.S. Customs and Border 
        Protection to work with other Federal agencies with authority to 
        detain and release merchandise entering the United States to 
        ensure that partnership programs of those agencies are 
        compatible with partnership programs of U.S. Customs and Border 
        Protection;
            (6) summarizes criteria developed with those agencies for 
        authorizing the release, on an expedited basis, of merchandise 
        for which documentation is required from one or more of those 
        agencies to clear or license the merchandise for entry into the 
        United States;
            (7) summarizes the efforts of U.S. Customs and Border 
        Protection to work with private sector entities and the public 
        to develop and improve such partnership programs;
            (8) describes measures taken by U.S. Customs and Border 
        Protection to make private sector entities aware of the trade

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        benefits available to participants in such partnership programs; 
        and
            (9) summarizes the plans, targets, and goals of U.S. Customs 
        and Border Protection with respect to such partnership programs 
        for the 2 years following the submission of the report.
SEC. 102. REPORT ON EFFECTIVENESS OF TRADE ENFORCEMENT ACTIVITIES.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the appropriate congressional committees a report on the 
effectiveness of trade enforcement activities of U.S. Customs and Border 
Protection.
    (b) Contents.--The report required by subsection (a) shall include--
            (1) a description of the use of resources, results of audits 
        and verifications, targeting, organization, and training of 
        personnel of U.S. Customs and Border Protection;
            (2) a description of trade enforcement activities to address 
        undervaluation, transshipment, legitimacy of entities making 
        entry, protection of revenues, fraud prevention and detection, 
        and penalties, including intentional misclassification, 
        inadequate bonding, and other misrepresentations; and
            (3) a description of trade enforcement activities with 
        respect to the priority trade issues described in section 117, 
        including--
                    (A) methodologies used in such enforcement 
                activities, such as targeting;
                    (B) recommendations for improving such enforcement 
                activities; and
                    (C) a description of the implementation of previous 
                recommendations for improving such enforcement 
                activities.

    (c) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
SEC. 103. <<NOTE: 19 USC 4312.>>  PRIORITIES AND PERFORMANCE 
                        STANDARDS FOR CUSTOMS MODERNIZATION, TRADE 
                        FACILITATION, AND TRADE ENFORCEMENT 
                        FUNCTIONS AND PROGRAMS.

    (a) Priorities and Performance Standards.--
            (1) <<NOTE: Consultation.>>  In general.--The Commissioner, 
        in consultation with the appropriate congressional committees, 
        shall establish priorities and performance standards to measure 
        the development and levels of achievement of the customs 
        modernization, trade facilitation, and trade enforcement 
        functions and programs described in subsection (b).
            (2) Minimum priorities and standards.--Such priorities and 
        performance standards shall, at a minimum, include priorities 
        and standards relating to efficiency, outcome, output, and other 
        types of applicable measures.

    (b) Functions and Programs Described.--The functions and programs 
referred to in subsection (a) are the following:
            (1) The Automated Commercial Environment.
            (2) Each of the priority trade issues described in section 
        117.
            (3) The Centers of Excellence and Expertise described in 
        section 110.

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            (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) <<NOTE: Deadline.>>  Notification.--The Commissioner 
        shall notify the appropriate congressional committees of any 
        changes to the priorities or performance standards referred to 
        in subsection (a) not later than 30 days before such changes are 
        to take effect.
SEC. 104. <<NOTE: 19 USC 4313.>>  EDUCATIONAL SEMINARS TO IMPROVE 
                        EFFORTS TO CLASSIFY AND APPRAISE IMPORTED 
                        ARTICLES, TO IMPROVE TRADE ENFORCEMENT 
                        EFFORTS, AND TO OTHERWISE FACILITATE 
                        LEGITIMATE INTERNATIONAL TRADE.

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

    (b) Content.--
            (1) Classifying and appraising imported articles.--In 
        carrying out subsection (a)(1), the Commissioner, the Director, 
        and interested parties in the private sector selected under 
        subsection (c) shall provide instruction and related 
        instructional materials at each educational seminar carried out 
        under this section to personnel of U.S. Customs and Border 
        Protection and, as appropriate, to personnel of U.S. Immigration 
        and Customs Enforcement on the following:
                    (A) Conducting a physical inspection of an article 
                imported into the United States, including testing of 
                samples of the article, to determine if the article is 
                mislabeled in the manifest or other accompanying 
                documentation.
                    (B) <<NOTE: Review.>>  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.

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                    (D) Industry supply chains and other related matters 
                as determined to be appropriate by the Commissioner.
            (2) Trade enforcement efforts.--In carrying out subsection 
        (a)(2), the Commissioner, the Director, and interested parties 
        in the private sector selected under subsection (c) shall 
        provide instruction and related instructional materials at each 
        educational seminar carried out under this section to personnel 
        of U.S. Customs and Border Protection and, as appropriate, to 
        personnel of U.S. Immigration and Customs Enforcement to 
        identify opportunities to enhance enforcement of the following:
                    (A) Collection of countervailing duties assessed 
                under subtitle A of title VII of the Tariff Act of 1930 
                (19 U.S.C. 1671 et seq.) and antidumping duties assessed 
                under subtitle B of title VII of the Tariff Act of 1930 
                (19 U.S.C. 1673 et seq.).
                    (B) Addressing evasion of duties on imports of 
                textiles.
                    (C) Protection of intellectual property rights.
                    (D) Enforcement of child labor laws.
            (3) Approval of commissioner and director.--The instruction 
        and related instructional materials at each educational seminar 
        carried out under this section shall be subject to the approval 
        of the Commissioner and the Director.

    (c) Selection Process.--
            (1) In general.--The Commissioner shall establish a process 
        to solicit, evaluate, and select interested parties in the 
        private sector for purposes of assisting in providing 
        instruction and related instructional materials described in 
        subsection (b) at each educational seminar carried out under 
        this section.
            (2) <<NOTE: Evaluation.>>  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) <<NOTE: Federal Register, publication.>>  Public 
        availability.--The Commissioner and the Director shall publish 
        in the Federal Register a detailed description of the process 
        established under paragraph (1) and the criteria established 
        under paragraph (2).

    (d) Special Rule for Antidumping and Countervailing Duty Orders.--
            (1) In general.--The Commissioner shall give due 
        consideration to carrying out an educational seminar under this 
        section in whole or in part to improve the ability of personnel 
        of U.S. Customs and Border Protection to enforce a 
        countervailing or antidumping duty order issued under section 
        706 or 736 of the Tariff Act of 1930 (19 U.S.C. 1671e or 1673e) 
        upon the request of a petitioner in an action underlying such 
        countervailing or antidumping duty order.
            (2) Interested party.--A petitioner described in paragraph 
        (1) shall be treated as an interested party in the private 
        sector for purposes of the requirements of this section.

    (e) Performance Standards.--The Commissioner and the Director shall 
establish performance standards to measure the

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development and level of achievement of educational seminars carried out 
under this section.
    (f) Reporting.--Not later than September 30, 2016, and annually 
thereafter, the Commissioner and the Director shall submit to the 
appropriate congressional committees a report on the effectiveness of 
educational seminars carried out under this section.
    (g) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        U.S. Immigration and Customs Enforcement.
            (2) United states.--The term ``United States'' means the 
        customs territory of the United States, as defined in General 
        Note 2 to the Harmonized Tariff Schedule of the United States.
            (3) U.S. customs and border protection personnel.--The term 
        ``U.S. Customs and Border Protection personnel'' means import 
        specialists, auditors, and other appropriate employees of the 
        U.S. Customs and Border Protection.
            (4) U.S. immigration and customs enforcement personnel.--The 
        term ``U.S. Immigration and Customs Enforcement personnel'' 
        means Homeland Security Investigations Directorate personnel and 
        other appropriate employees of U.S. Immigration and Customs 
        Enforcement.
SEC. 105. <<NOTE: 19 USC 4314.>>  JOINT STRATEGIC PLAN.

    (a) <<NOTE: Deadlines.>>  In General.--Not later than one year after 
the date of the enactment of this Act, and every 2 years thereafter, the 
Commissioner and the Director of U.S. Immigration and Customs 
Enforcement shall jointly develop and submit to the appropriate 
congressional committees a joint strategic plan.

    (b) Contents.--The joint strategic plan required under this section 
shall be comprised of a comprehensive multiyear plan for trade 
enforcement and trade facilitation, and shall include--
            (1) <<NOTE: Summary. Time period.>>  a summary of actions 
        taken during the 2-year period preceding the submission of the 
        plan to improve trade enforcement and trade facilitation, 
        including a description and analysis of specific performance 
        measures to evaluate the progress of U.S. Customs and Border 
        Protection and U.S. Immigration and Customs Enforcement in 
        meeting each such responsibility;
            (2) a statement of objectives and plans for further 
        improving trade enforcement and trade facilitation;
            (3) a specific identification of the priority trade issues 
        described in section 117 that can be addressed in order to 
        enhance trade enforcement and trade facilitation, and a 
        description of strategies and plans for addressing each such 
        issue, including--
                    (A) a description of the targeting methodologies 
                used for enforcement activities with respect to each 
                such issue;
                    (B) <<NOTE: Recommenda- tions.>>  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;

[[Page 130 STAT. 133]]

            (5) a description of the training that has occurred to date 
        within U.S. Customs and Border Protection and U.S. Immigration 
        and Customs Enforcement to improve trade enforcement and trade 
        facilitation, including training at educational seminars carried 
        out under section 104;
            (6) a description of efforts to work with the World Customs 
        Organization and other international organizations, in 
        consultation with other Federal agencies as appropriate, with 
        respect to enhancing trade enforcement and trade facilitation;
            (7) a description of U.S. Custom and Border Protection 
        organizational benchmarks for optimizing staffing and wait times 
        at ports of entry;
            (8) a specific identification of any domestic or 
        international best practices that may further improve trade 
        enforcement and trade facilitation;
            (9) <<NOTE: Recommenda- tions.>>  any legislative 
        recommendations to further improve trade enforcement and trade 
        facilitation; and
            (10) a description of efforts made to improve consultation 
        and coordination with the private sector to enhance trade 
        enforcement and trade facilitation.

    (c) Consultations.--
            (1) In general.--In developing the joint strategic plan 
        required under this section, the Commissioner and the Director 
        of U.S. Immigration and Customs Enforcement shall consult with--
                    (A) appropriate officials from relevant Federal 
                agencies, including--
                          (i) the Department of the Treasury;
                          (ii) the Department of Agriculture;
                          (iii) the Department of Commerce;
                          (iv) the Department of Justice;
                          (v) the Department of the Interior;
                          (vi) the Department of Health and Human 
                      Services;
                          (vii) the Food and Drug Administration;
                          (viii) the Consumer Product Safety Commission; 
                      and
                          (ix) the Office of the United States Trade 
                      Representative; and
                    (B) the Commercial Customs Operations Advisory 
                Committee established by section 109.
            (2) Other consultations.--In developing the joint strategic 
        plan required under this section, the Commissioner and the 
        Director shall seek to consult with--
                    (A) appropriate officials from relevant foreign law 
                enforcement agencies and international organizations, 
                including the World Customs Organization; and
                    (B) interested parties in the private sector.

    (d) Form of Plan.--The joint strategic plan required under this 
section shall be submitted in unclassified form, but may include a 
classified annex.
SEC. 106. AUTOMATED COMMERCIAL ENVIRONMENT.

    (a) Funding.--Section 13031(f)(4)(B) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)(B)) is amended--

[[Page 130 STAT. 134]]

            (1) by striking ``2003 through 2005'' and inserting ``2016 
        through 2018'';
            (2) by striking ``such amounts as are available in that 
        Account'' and inserting ``not less than $153,736,000''; and
            (3) by striking ``for the development'' and inserting ``to 
        complete the development and implementation''.

    (b) Report.--
            (1) In general.--Not later than December 31, 2016, the 
        Commissioner shall submit to the Committee on Appropriations and 
        the Committee on Finance of the Senate and the Committee on 
        Appropriations and the Committee on Ways and Means of the House 
        of Representatives a report detailing--
                    (A) U.S. Customs and Border Protection's 
                incorporation of all core trade processing capabilities, 
                including cargo release, entry summary, cargo manifest, 
                cargo financial data, and export data elements, into the 
                Automated Commercial Environment not later than 
                September 30, 2016, to conform with the admissibility 
                criteria of agencies participating in the International 
                Trade Data System identified pursuant to paragraph 
                (4)(A)(iii) of section 411(d) of the Tariff Act of 1930 
                (19 U.S.C. 1411(d)), as added by section 107 of this 
                Act;
                    (B) U.S. Customs and Border Protection's remaining 
                priorities for processing entry summary data elements, 
                cargo manifest data elements, cargo financial data 
                elements, and export elements in the Automated 
                Commercial Environment, and the objectives and plans for 
                implementing these remaining priorities;
                    (C) the components of the National Customs 
                Automation Program specified in section 411(a)(2) of the 
                Tariff Act of 1930 that have not been implemented; and
                    (D) any additional components of the National 
                Customs Automation Program initiated by the Commissioner 
                to complete the development, establishment, and 
                implementation of the Automated Commercial Environment.
            (2) Update of reports.--Not later than September 30, 2017, 
        the Commissioner shall submit to the Committee on Appropriations 
        and the Committee on Finance of the Senate and the Committee on 
        Appropriations and the Committee on Ways and Means of the House 
        of Representatives an updated report addressing each of the 
        matters referred to in paragraph (1), and--
                    (A) <<NOTE: Evaluation.>>  evaluating the 
                effectiveness of the implementation of the Automated 
                Commercial Environment; and
                    (B) detailing the percentage of trade processed in 
                the Automated Commercial Environment every month since 
                September 30, 2016.
            (3) Repeal.--Section 311(b) of the Customs Border Security 
        Act of 2002 (19 U.S.C. 2075 note) is amended by striking 
        paragraph (3).

    (c) Government Accountability Office Report.--Not later than 
December 31, 2017, the Comptroller General of the United States shall 
submit to the Committee on Appropriations and the Committee on Finance 
of the Senate and the Committee on Appropriations and the Committee on 
Ways and Means of the House of Representatives a report--

[[Page 130 STAT. 135]]

            (1) assessing the progress of other Federal agencies in 
        accessing and utilizing the Automated Commercial Environment; 
        and
            (2) assessing the potential cost savings to the United 
        States Government and importers and exporters and the potential 
        benefits to enforcement of the customs and trade laws of the 
        United States if the elements identified in subparagraphs (A) 
        through (D) of subsection (b)(1) are implemented.
SEC. 107. INTERNATIONAL TRADE DATA SYSTEM.

    Section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) is 
amended--
            (1) by redesignating paragraphs (4) through (7) as 
        paragraphs (5) through (8), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) Information technology infrastructure.--
                    ``(A) In general.--The Secretary shall work with the 
                head of each agency participating in the ITDS and the 
                Interagency Steering Committee to ensure that each 
                agency--
                          ``(i) develops and maintains the necessary 
                      information technology infrastructure to support 
                      the operation of the ITDS and to submit all data 
                      to the ITDS electronically;
                          ``(ii) <<NOTE: Memorandum.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  not later than 
                      December 31, 2016, utilizes the ITDS as the 
                      primary means of receiving from users the standard 
                      set of data and other relevant documentation, 
                      exclusive of applications for permits, licenses, 
                      or certifications required for the release of 
                      imported cargo and clearance of cargo for export.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph shall be construed to require any action to be 
                taken that would compromise an ongoing law enforcement 
                investigation or would compromise national security.''; 
                and
            (3) in paragraph (8), as redesignated, by striking ``section 
        9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 
        U.S.C. 2071 note)'' and inserting ``section 109 of the Trade 
        Facilitation and Trade Enforcement Act of 2015''.
SEC. 108. <<NOTE: 19 USC 4315.>>  CONSULTATIONS WITH RESPECT TO 
                        MUTUAL RECOGNITION ARRANGEMENTS.

    (a) <<NOTE: Deadlines.>>  Consultations.--The Secretary of Homeland 
Security, with respect to any proposed mutual recognition arrangement or 
similar

[[Page 130 STAT. 136]]

agreement between the United States and a foreign government providing 
for mutual recognition of supply chain security programs and customs 
revenue functions, shall consult with the appropriate congressional 
committees--
            (1) not later than 30 days before initiating negotiations to 
        enter into any such arrangement or similar agreement; and
            (2) not later than 30 days before entering into any such 
        arrangement or similar agreement.

    (b) Negotiating Objective.--It shall be a negotiating objective of 
the United States in any negotiation for a mutual recognition 
arrangement or similar agreement with a foreign country on partnership 
programs, such as the Customs-Trade Partnership Against Terrorism 
established under subtitle B of title II of the Security and 
Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), to 
seek to ensure the compatibility of the partnership programs of that 
country with the partnership programs of U.S. Customs and Border 
Protection to enhance security, trade facilitation, and trade 
enforcement.
SEC. 109. <<NOTE: 19 USC 4316.>>  COMMERCIAL CUSTOMS OPERATIONS 
                        ADVISORY COMMITTEE.

    (a) <<NOTE: Deadline.>>  Establishment.--Not later than the date 
that is 60 days after the date of the enactment of this Act, the 
Secretary of the Treasury and the Secretary of Homeland Security shall 
jointly establish a Commercial Customs Operations Advisory Committee (in 
this section referred to as the ``Advisory Committee'').

    (b) Membership.--
            (1) In general.--The Advisory Committee shall be comprised 
        of--
                    (A) 20 individuals appointed under paragraph (2);
                    (B) the Assistant Secretary for Tax Policy of the 
                Department of the Treasury and the Commissioner, who 
                shall jointly co-chair meetings of the Advisory 
                Committee; and
                    (C) the Assistant Secretary for Policy and the 
                Director of U.S. Immigration and Customs Enforcement, 
                who shall serve as deputy co-chairs of meetings of the 
                Advisory Committee.
            (2) Appointment.--
                    (A) In general.--The Secretary of the Treasury and 
                the Secretary of Homeland Security shall jointly appoint 
                20 individuals from the private sector to the Advisory 
                Committee.
                    (B) Requirements.--In making appointments under 
                subparagraph (A), the Secretary of the Treasury and the 
                Secretary of Homeland Security shall appoint members--
                          (i) to ensure that the membership of the 
                      Advisory Committee is representative of the 
                      individuals and firms affected by the commercial 
                      operations of U.S. Customs and Border Protection; 
                      and
                          (ii) without regard to political affiliation.
                    (C) Terms.--Each individual appointed to the 
                Advisory Committee under this paragraph shall be 
                appointed for a term of not more than 3 years, and may 
                be reappointed to subsequent terms, but may not serve 
                more than 2 terms sequentially.

[[Page 130 STAT. 137]]

            (3) Transfer of membership.--The Secretary of the Treasury 
        and the Secretary of Homeland Security may transfer members 
        serving on the Advisory Committee on Commercial Operations of 
        the United States Customs Service established under section 
        9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 
        U.S.C. 2071 note) on the day before the date of the enactment of 
        this Act to the Advisory Committee established under subsection 
        (a).

    (c) Duties.--The Advisory Committee established under subsection (a) 
shall--
            (1) advise the Secretary of the Treasury and the Secretary 
        of Homeland Security on all matters involving the commercial 
        operations of U.S. Customs and Border Protection, including 
        advising with respect to significant changes that are proposed 
        with respect to regulations, policies, or practices of U.S. 
        Customs and Border Protection;
            (2) provide recommendations to the Secretary of the Treasury 
        and the Secretary of Homeland Security on improvements to the 
        commercial operations of U.S. Customs and Border Protection;
            (3) collaborate in developing the agenda for Advisory 
        Committee meetings; and
            (4) perform such other functions relating to the commercial 
        operations of U.S. Customs and Border Protection as prescribed 
        by law or as the Secretary of the Treasury and the Secretary of 
        Homeland Security jointly direct.

    (d) Meetings.--Notwithstanding section 10(f) of the Federal Advisory 
Committee Act (5 U.S.C. App.), the Advisory Committee shall meet at the 
call of the Secretary of the Treasury and the Secretary of Homeland 
Security, or at the call of not less than \2/3\ of the membership of the 
Advisory Committee. The Advisory Committee shall meet at least 4 times 
each calendar year.
    (e) Annual Report.--Not later than December 31, 2016, and annually 
thereafter, the Advisory Committee shall submit to the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of Representatives a report that--
            (1) describes the activities of the Advisory Committee 
        during the preceding fiscal year; and
            (2) sets forth any recommendations of the Advisory Committee 
        regarding the commercial operations of U.S. Customs and Border 
        Protection.

    (f) Termination.--Section 14(a)(2) of the Federal Advisory Committee 
Act (5 U.S.C. App.; relating to the termination of advisory committees) 
shall not apply to the Advisory Committee.
    (g) Conforming Amendment.--
            (1) <<NOTE: Effective date. Repeal.>>  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).

[[Page 130 STAT. 138]]

SEC. 110. <<NOTE: 19 USC 4317.>>  CENTERS OF EXCELLENCE AND 
                        EXPERTISE.

    (a) <<NOTE: Consultation.>>  In General.--The Commissioner shall, in 
consultation with the appropriate congressional committees and the 
Commercial Customs Operations Advisory Committee established under 
section 109, develop and implement Centers of Excellence and Expertise 
throughout U.S. Customs and Border Protection that--
            (1) enhance the economic competitiveness of the United 
        States by consistently enforcing the laws and regulations of the 
        United States at all ports of entry of the United States and by 
        facilitating the flow of legitimate trade through increasing 
        industry-based knowledge;
            (2) improve enforcement efforts, including enforcement of 
        priority trade issues described in section 117, in specific 
        industry sectors through the application of targeting 
        information from the National Targeting Center under section 111 
        and from other means of verification;
            (3) build upon the expertise of U.S. Customs and Border 
        Protection in particular industry operations, supply chains, and 
        compliance requirements;
            (4) promote the uniform implementation at each port of entry 
        of the United States of policies and regulations relating to 
        imports;
            (5) centralize the trade enforcement and trade facilitation 
        efforts of U.S. Customs and Border Protection;
            (6) formalize an account-based approach to apply, as the 
        Commissioner determines appropriate, to the importation of 
        merchandise into the United States;
            (7) foster partnerships though the expansion of trade 
        programs and other trusted partner programs;
            (8) develop applicable performance measurements to meet 
        internal efficiency and effectiveness goals; and
            (9) whenever feasible, facilitate a more efficient flow of 
        information between Federal agencies.

    (b) Report.--Not later than December 31, 2016, the Commissioner 
shall submit to the appropriate congressional committees a report 
describing--
            (1) the scope, functions, and structure of each Center of 
        Excellence and Expertise developed and implemented under 
        subsection (a);
            (2) the effectiveness of each such Center of Excellence and 
        Expertise in improving enforcement efforts, including 
        enforcement of priority trade issues described in section 117, 
        and facilitating legitimate trade;
            (3) the quantitative and qualitative benefits of each such 
        Center of Excellence and Expertise to the trade community, 
        including through fostering partnerships through the expansion 
        of trade programs such as the Importer Self Assessment program 
        and other trusted partner programs;
            (4) all applicable performance measurements with respect to 
        each such Center of Excellence and Expertise, including 
        performance measures with respect to meeting internal efficiency 
        and effectiveness goals;
            (5) the performance of each such Center of Excellence and 
        Expertise in increasing the accuracy and completeness of data 
        with respect to international trade and facilitating a more 
        efficient flow of information between Federal agencies; and

[[Page 130 STAT. 139]]

            (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. <<NOTE: 19 USC 4318.>>  COMMERCIAL RISK ASSESSMENT 
                        TARGETING AND TRADE ALERTS.

    (a) Commercial Risk Assessment Targeting.--In carrying out its 
duties under section 411(g)(4) of the Homeland Security Act of 2002, as 
added by section 802(a) of this Act, the National Targeting Center, in 
coordination with the Office of Trade established under section 4 of the 
Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et 
seq.), as added by section 802(h) of this Act, as appropriate, shall--
            (1) establish targeted risk assessment methodologies and 
        standards--
                    (A) for evaluating the risk that cargo destined for 
                the United States may violate the customs and trade laws 
                of the United States, particularly those laws applicable 
                to merchandise subject to the priority trade issues 
                described in section 117; and
                    (B) for issuing, as appropriate, Trade Alerts 
                described in subsection (b);
            (2) to the extent practicable and otherwise authorized by 
        law, use, to administer the methodologies and standards 
        established under paragraph (1)--
                    (A) publicly available information;
                    (B) information available from the Automated 
                Commercial System, the Automated Commercial Environment, 
                the Automated Targeting System, the Automated Export 
                System, the International Trade Data System established 
                under section 411(d) of the Tariff Act of 1930 (19 
                U.S.C. 1411(d)), the TECS (formerly known as the 
                ``Treasury Enforcement Communications System''), the 
                case management system of U.S. Immigration and Customs 
                Enforcement, and any successor systems; and
                    (C) information made available to the National 
                Targeting Center, including information provided by 
                private sector entities;
            (3) provide for the receipt and transmission to the 
        appropriate U.S. Customs and Border Protection offices of 
        allegations from interested parties in the private sector of 
        violations of customs and trade laws of the United States with 
        respect to merchandise relating to the priority trade issues 
        described in section 117; and
            (4) <<NOTE: Notification.>>  notify, on a timely basis, each 
        interested party in the private sector that has submitted an 
        allegation of any violation of the customs and trade laws of the 
        United States of any civil or criminal actions taken by U.S. 
        Customs and Border Protection or any other Federal agency 
        resulting from the allegation.

    (b) Trade Alerts.--
            (1) Issuance.--In carrying out its duties under section 
        411(g)(4) of the Homeland Security Act of 2002, as added by 
        section 802(a) of this Act, and based upon the application of 
        the targeted risk assessment methodologies and standards 
        established under subsection (a), the Executive Director of the 
        National Targeting Center may issue Trade Alerts to directors

[[Page 130 STAT. 140]]

        of United States ports of entry directing further inspection, or 
        physical examination or testing, of specific merchandise to 
        ensure compliance with all applicable customs and trade laws of 
        the United States and regulations administered by U.S. Customs 
        and Border Protection.
            (2) Determinations not to implement trade alerts.--The 
        director of a United States port of entry may determine not to 
        conduct further inspections, or physical examination or testing, 
        pursuant to a Trade Alert issued under paragraph (1) if the 
        director--
                    (A) finds that such a determination is justified by 
                port security interests; and
                    (B) <<NOTE: Deadline. Notification.>>  not later 
                than 48 hours after making the determination, notifies 
                the Assistant Commissioner of the Office of Field 
                Operations of U.S. Customs and Border Protection of the 
                determination and the reasons for the determination.
            (3) Summary of determinations not to implement.--The 
        Assistant Commissioner of the Office of Field Operations of U.S. 
        Customs and Border Protection shall--
                    (A) compile an annual summary of all determinations 
                by directors of United States ports of entry under 
                paragraph (2) and the reasons for those determinations;
                    (B) <<NOTE: Evaluation.>>  conduct an evaluation of 
                the utilization of Trade Alerts issued under paragraph 
                (1); and
                    (C) <<NOTE: Deadline.>>  not later than December 31 
                of each calendar year, submit the summary to the 
                appropriate congressional committees.
            (4) Inspection defined.--In this subsection, the term 
        ``inspection'' means the comprehensive evaluation process used 
        by U.S. Customs and Border Protection, other than physical 
        examination or testing, to permit the entry of merchandise into 
        the United States, or the clearance of merchandise for 
        transportation in bond through the United States, for purposes 
        of--
                    (A) assessing duties;
                    (B) identifying restricted or prohibited items; and
                    (C) ensuring compliance with all applicable customs 
                and trade laws of the United States and regulations 
                administered by U.S. Customs and Border Protection.

    (c) Use of Trade Data for Commercial Enforcement Purposes.--Section 
343(a)(3)(F) of the Trade Act of 2002 (19 U.S.C. 2071 note) is amended 
to read as follows:
                    ``(F) The information collected pursuant to the 
                regulations shall be used exclusively for ensuring cargo 
                safety and security, preventing smuggling, and 
                commercial risk assessment targeting, and shall not be 
                used for any commercial enforcement purposes, including 
                for determining merchandise entry. Notwithstanding the 
                preceding sentence, nothing in this section shall be 
                treated as amending, repealing, or otherwise modifying 
                title IV of the Tariff Act of 1930 or regulations 
                promulgated thereunder.''.
SEC. 112. <<NOTE: 19 USC 4319.>>  REPORT ON OVERSIGHT OF REVENUE 
                        PROTECTION AND ENFORCEMENT MEASURES.

    (a) In General.--Not later than June 30, 2016, and not later than 
March 31 of each second year thereafter, the Inspector General

[[Page 130 STAT. 141]]

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

[[Page 130 STAT. 142]]

        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. <<NOTE: 19 USC 4320.>>  IMPORTER OF RECORD PROGRAM.

    (a) <<NOTE: Deadline.>>  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) <<NOTE: Criteria.>>  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) <<NOTE: Evaluation.>>  evaluates and maintains the 
        accuracy of the database if such information changes; and
            (5) takes measures to ensure that duplicate importer of 
        record numbers are not issued.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives a report on the importer of record program established 
under subsection (a).
    (d) Number Defined.--In this section, the term ``number'', with 
respect to an importer of record, means a filing identification number 
described in section 24.5 of title 19, Code of Federal Regulations (or 
any corresponding similar regulation) that fully supports the 
requirements of subsection (b) with respect to the collection and 
maintenance of information.

[[Page 130 STAT. 143]]

SEC. 115. <<NOTE: 19 USC 4321.>>  ESTABLISHMENT OF IMPORTER RISK 
                        ASSESSMENT PROGRAM.

    (a) <<NOTE: Deadline.>>  In General.--Not later than the date that 
is 180 days after the date of the enactment of this Act, the 
Commissioner shall establish a program that directs U.S. Customs and 
Border Protection to adjust bond amounts for importers, including new 
importers and nonresident importers, based on risk assessments of such 
importers conducted by U.S. Customs and Border Protection, in order to 
protect the revenue of the Federal Government.

    (b) <<NOTE: Procedures.>>  Requirements.--The Commissioner shall 
ensure that, as part of the program established under subsection (a), 
U.S. Customs and Border Protection--
            (1) <<NOTE: Guidelines.>>  develops risk assessment 
        guidelines for importers, including new importers and 
        nonresident importers, to determine if and to what extent--
                    (A) to adjust bond amounts of imported products of 
                such importers; and
                    (B) to increase screening of imported products of 
                such importers;
            (2) develops procedures to ensure increased oversight of 
        imported products of new importers, including nonresident 
        importers, relating to the enforcement of the priority trade 
        issues described in section 117;
            (3) develops procedures to ensure increased oversight of 
        imported products of new importers, including new nonresident 
        importers, by Centers of Excellence and Expertise established 
        under section 110; and
            (4) establishes a centralized database of new importers, 
        including new nonresident importers, to ensure accuracy of 
        information that is required to be provided by such importers to 
        U.S. Customs and Border Protection.

    (c) Exclusion of Certain Importers.--This section shall not apply to 
an importer that is a validated Tier 2 or Tier 3 participant in the 
Customs-Trade Partnership Against Terrorism program established under 
subtitle B of title II of the Security and Accountability for Every Port 
Act of 2006 (6 U.S.C. 961 et seq.).
    (d) Report.--Not later than the date that is 2 years after the date 
of the enactment of this Act, the Inspector General of the Department of 
the Treasury shall submit to the Committee on Finance of the Senate and 
the Committee on Ways and Means of the House of Representatives a report 
detailing--
            (1) the risk assessment guidelines developed under 
        subsection (b)(1);
            (2) the procedures developed under subsection (b)(2) to 
        ensure increased oversight of imported products of new 
        importers, including new nonresident importers, relating to the 
        enforcement of priority trade issues described in section 117;
            (3) the procedures developed under subsection (b)(3) to 
        ensure increased oversight of imported products of new 
        importers, including new nonresident importers, by Centers of 
        Excellence and Expertise established under section 110; and
            (4) the number of bonds adjusted based on the risk 
        assessment guidelines developed under subsection (b)(1).

    (e) Definitions.--In this section:

[[Page 130 STAT. 144]]

            (1) Importer.--The term ``importer'' means one of the 
        parties qualifying as an importer of record under section 
        484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 
        1484(a)(2)(B)).
            (2) Nonresident importer.--The term ``nonresident importer'' 
        means an importer who is--
                    (A) an individual who is not a citizen of the United 
                States or an alien lawfully admitted for permanent 
                residence in the United States; or
                    (B) a partnership, corporation, or other commercial 
                entity that is not organized under the laws of a 
                jurisdiction within the customs territory of the United 
                States (as such term is defined in General Note 2 of the 
                Harmonized Tariff Schedule of the United States) or in 
                the Virgin Islands of the United States.
SEC. 116. CUSTOMS BROKER IDENTIFICATION OF IMPORTERS.

    (a) In General.--Section 641 of the Tariff Act of 1930 (19 U.S.C. 
1641) is amended by adding at the end the following:
    ``(i) Identification of Importers.--
            ``(1) <<NOTE: Regulations.>>  In general.--The Secretary 
        shall prescribe regulations setting forth the minimum standards 
        for customs brokers and importers, including nonresident 
        importers, regarding the identity of the importer that shall 
        apply in connection with the importation of merchandise into the 
        United States.
            ``(2) Minimum requirements.--The regulations required under 
        paragraph (1) shall, at a minimum--
                    ``(A) identify the information that an importer, 
                including a nonresident importer, is required to submit 
                to a broker and that a broker is required to collect in 
                order to verify the identity of the importer;
                    ``(B) identify reasonable procedures that a broker 
                is required to follow in order to verify the 
                authenticity of information collected from an importer; 
                and
                    ``(C) require a broker to maintain records of the 
                information collected by the broker to verify the 
                identity of an importer.
            ``(3) Penalties.--Any customs broker who fails to collect 
        information required under the regulations prescribed under this 
        subsection shall be liable to the United States, at the 
        discretion of the Secretary, for a monetary penalty not to 
        exceed $10,000 for each violation of those regulations and shall 
        be subject to revocation or suspension of a license or permit of 
        the customs broker pursuant to the procedures set forth in 
        subsection (d). This penalty shall be assessed in the same 
        manner and under the same procedures as the monetary penalties 
        provided for in subsection (d)(2)(A).
            ``(4) Definitions.--In this subsection:
                    ``(A) Importer.--The term `importer' means one of 
                the parties qualifying as an importer of record under 
                section 484(a)(2)(B).
                    ``(B) Nonresident importer.--The term `nonresident 
                importer' means an importer who is--
                          ``(i) an individual who is not a citizen of 
                      the United States or an alien lawfully admitted 
                      for permanent residence in the United States; or
                          ``(ii) a partnership, corporation, or other 
                      commercial entity that is not organized under the 
                      laws of

[[Page 130 STAT. 145]]

                      a jurisdiction within the customs territory of the 
                      United States (as such term is defined in General 
                      Note 2 of the Harmonized Tariff Schedule of the 
                      United States) or in the Virgin Islands of the 
                      United States.''.

    (b) Study and Report Required.--Not later than the date that is 180 
days after the date of the enactment of this Act, the Commissioner shall 
submit to the Committee on Finance of the Senate and the Committee on 
Ways and Means of the House of Representatives a report containing 
recommendations for--
            (1) determining the most timely and effective way to require 
        foreign nationals to provide customs brokers with appropriate 
        and accurate information, comparable to that which is required 
        of United States nationals, concerning the identity, address, 
        and other related information relating to such foreign nationals 
        necessary to enable customs brokers to comply with the 
        requirements of section 641(i) of the Tariff Act of 1930 (as 
        added by subsection (a) of this section); and
            (2) establishing a system for customs brokers to review 
        information maintained by relevant Federal agencies for purposes 
        of verifying the identities of importers, including nonresident 
        importers, seeking to import merchandise into the United States.
SEC. 117. <<NOTE: 19 USC 4322.>>  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) <<NOTE: Determination. Deadlines.>>  Modification.--The 
Commissioner is authorized to establish new priority trade issues and 
eliminate, consolidate, or otherwise modify the priority trade issues 
described in subsection (a) if the Commissioner--
            (1) determines it necessary and appropriate to do so; and
            (2)(A) in the case of new priority trade issues, submits to 
        the appropriate congressional committees a summary of proposals 
        to establish such new priority trade issues not later than 30 
        days after such new priority trade issues are to take effect; 
        and
            (B) in the case of existing priority trade issues, submits 
        to the appropriate congressional committees a summary of 
        proposals to eliminate, consolidate, or otherwise modify such 
        existing priority trade issues not later than 60 days before 
        such changes are to take effect.
SEC. 118. <<NOTE: 19 USC 4323.>>  APPROPRIATE CONGRESSIONAL 
                        COMMITTEES DEFINED.

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

[[Page 130 STAT. 146]]

                   TITLE II--IMPORT HEALTH AND SAFETY

SEC. 201. <<NOTE: 19 USC 4331.>>  INTERAGENCY IMPORT SAFETY 
                        WORKING GROUP.

    (a) Establishment.--There is established an interagency Import 
Safety Working Group.
    (b) Membership.--The interagency Import Safety Working Group shall 
consist of the following officials or their designees:
            (1) The Secretary of Homeland Security, who shall serve as 
        the Chair.
            (2) The Secretary of Health and Human Services, who shall 
        serve as the Vice Chair.
            (3) The Secretary of the Treasury.
            (4) The Secretary of Commerce.
            (5) The Secretary of Agriculture.
            (6) The United States Trade Representative.
            (7) The Director of the Office of Management and Budget.
            (8) The Commissioner of Food and Drugs.
            (9) The Commissioner of U.S. Customs and Border Protection.
            (10) The Chairman of the Consumer Product Safety Commission.
            (11) The Director of U.S. Immigration and Customs 
        Enforcement.
            (12) The head of any other Federal agency designated by the 
        President to participate in the interagency Import Safety 
        Working Group, as appropriate.

    (c) Duties.--The duties of the interagency Import Safety Working 
Group shall include--
            (1) consulting on the development of the joint import safety 
        rapid response plan required by section 202;
            (2) periodically evaluating the adequacy of the plans, 
        practices, and resources of the Federal Government dedicated to 
        ensuring the safety of merchandise imported into the United 
        States and the expeditious entry of such merchandise, 
        including--
                    (A) minimizing the duplication of efforts among 
                Federal agencies the heads of which are members of the 
                interagency Import Safety Working Group and ensuring the 
                compatibility of the policies and regulations of those 
                agencies; and
                    (B) recommending additional administrative actions, 
                as appropriate, designed to ensure the safety of 
                merchandise imported into the United States and the 
                expeditious entry of such merchandise and considering 
                the impact of those actions on private sector entities;
            (3) reviewing the engagement and cooperation of foreign 
        governments and foreign manufacturers in facilitating the 
        inspection and certification, as appropriate, of such 
        merchandise to be imported into the United States and the 
        facilities producing such merchandise to ensure the safety of 
        the merchandise and the expeditious entry of the merchandise 
        into the United States;
            (4) identifying best practices, in consultation with private 
        sector entities as appropriate, to assist United States 
        importers

[[Page 130 STAT. 147]]

        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. <<NOTE: 19 USC 4332.>>  JOINT IMPORT SAFETY RAPID 
                        RESPONSE PLAN.

    (a) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Review.>>  Updates of Plan.--The Secretary of Homeland 
Security shall review and update the joint import safety rapid response

[[Page 130 STAT. 148]]

plan, as appropriate, after conducting exercises under subsection (d).

    (d) Import Health and Safety Exercises.--
            (1) <<NOTE: Testing. Evaluation.>>  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. <<NOTE: 19 USC 4333.>>  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

[[Page 130 STAT. 149]]

imported into the United States and the expeditious entry of such 
merchandise.

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

SEC. 301. <<NOTE: 19 USC 4341.>>  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. <<NOTE: 19 USC 1628a.>>  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

[[Page 130 STAT. 150]]

        of a work, and being imported in violation of section 1201(b)(1) 
        of that title, the owner of the copyright.

    ``(c) <<NOTE: Applicability.>>  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) <<NOTE: 10 USC 2302 note.>>  Termination of Previous 
Authority.--Notwithstanding paragraph (2) of section 818(g) of the 
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1496; 10 U.S.C. 2302 note), paragraph (1) of that section 
shall have no force or effect on or after the date of the enactment of 
this Act.
SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES.

    (a) In General.--Section 596(c)(2) of the Tariff Act of 1930 (19 
U.S.C. 1595a(c)(2)) is amended--
            (1) in subparagraph (E), by striking ``or'';
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(G) U.S. Customs and Border Protection determines 
                it is a technology, product, service, device, component, 
                or part thereof the importation of which is prohibited 
                under subsection (a)(2) or (b)(1) of section 1201 of 
                title 17, United States Code.''.

    (b) <<NOTE: Deadlines. 19 USC 4342.>>  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) <<NOTE: List.>>  Persons to be provided information.--
        Any person injured by the violation of subsection (a)(2) or 
        (b)(1) of section 1201 of title 17, United States Code, that 
        resulted in the seizure of the merchandise shall be provided 
        information under paragraph (1), if that person is included on a 
        list to be established and maintained by the 
        Commissioner. <<NOTE: Federal Register, publication.>>  The 
        Commissioner shall publish notice of the establishment of and 
        revisions to the list in the Federal Register.
            (3) <<NOTE: Procedures.>>  Regulations.--Not later than the 
        date that is one year after the date of the enactment of this 
        Act, the Secretary of the Treasury shall prescribe regulations 
        establishing procedures that implement this subsection.
SEC. 304. <<NOTE: Deadline. 19 USC 4343.>>  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

[[Page 130 STAT. 151]]

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. <<NOTE: 19 USC 4344.>>  NATIONAL INTELLECTUAL PROPERTY 
                        RIGHTS COORDINATION CENTER.

    (a) Establishment.--The Secretary of Homeland Security shall--
            (1) <<NOTE: Appointment.>>  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.

[[Page 130 STAT. 152]]

    (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. <<NOTE: 19 USC 4345.>>  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) <<NOTE: List. Time period.>>  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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 19 USC 4346.>>  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.

[[Page 130 STAT. 153]]

    (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. <<NOTE: 19 USC 4347.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Deadline. Regulations.>>  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. <<NOTE: 19 USC 4348.>>  INTERNATIONAL COOPERATION AND 
                        INFORMATION SHARING.

    (a) <<NOTE: Coordination.>>  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. <<NOTE: Summaries. 19 USC 4349.>>  REPORT ON 
                        INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT.

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

[[Page 130 STAT. 154]]

of the Senate, the Committee on Ways and Means of the House of 
Representatives, the Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Committee on Homeland Security of the 
House of Representatives a report that contains the following:
            (1) With respect to the enforcement of intellectual property 
        rights, the following:
                    (A) The number of referrals, during the preceding 
                year, from U.S. Customs and Border Protection to U.S. 
                Immigration and Customs Enforcement relating to 
                infringement of intellectual property rights.
                    (B) The number of investigations relating to the 
                infringement of intellectual property rights referred by 
                U.S. Immigration and Customs Enforcement to a United 
                States attorney for prosecution and the United States 
                attorneys to which those investigations were referred.
                    (C) The number of such investigations accepted by 
                each such United States attorney and the status or 
                outcome of each such investigation.
                    (D) The number of such investigations that resulted 
                in the imposition of civil or criminal penalties.
                    (E) A description of the efforts of U.S. Customs and 
                Border Protection and U.S. Immigration and Customs 
                Enforcement to improve the success rates of 
                investigations and prosecutions relating to the 
                infringement of intellectual property rights.
            (2) An estimate of the average time required by the Office 
        of Trade established under section 4 of the Act of March 3, 1927 
        (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), as added 
        by section 802(h) of this Act, to respond to a request from port 
        personnel for advice with respect to whether merchandise 
        detained by U.S. Customs and Border Protection infringed 
        intellectual property rights, distinguished by types of 
        intellectual property rights infringed.
            (3) A summary of the outreach efforts of U.S. Customs and 
        Border Protection and U.S. Immigration and Customs Enforcement 
        with respect to--
                    (A) the interdiction and investigation of, and the 
                sharing of information between those agencies and other 
                Federal agencies to prevent, the infringement of 
                intellectual property rights;
                    (B) collaboration with private sector entities--
                          (i) to identify trends in the infringement of, 
                      and technologies that infringe, intellectual 
                      property rights;
                          (ii) to identify opportunities for enhanced 
                      training of officers of U.S. Customs and Border 
                      Protection and U.S. Immigration and Customs 
                      Enforcement; and
                          (iii) to develop best practices to enforce 
                      intellectual property rights; and
                    (C) coordination with foreign governments and 
                international organizations with respect to the 
                enforcement of intellectual property rights.
            (4) A summary of the efforts of U.S. Customs and Border 
        Protection and U.S. Immigration and Customs Enforcement to 
        address the challenges with respect to the enforcement of 
        intellectual property rights presented by Internet commerce and 
        the transit of small packages and an identification of

[[Page 130 STAT. 155]]

        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. <<NOTE: 19 USC 4350.>>  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) <<NOTE: Time period. Warning.>>  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 <<NOTE: Enforce and Protect Act of 2015.>>  OF 
EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS
SEC. 401. <<NOTE: 19 USC 4301 note.>>  SHORT TITLE.

    This title may be cited as the ``Enforce and Protect Act of 2015''.
SEC. 402. <<NOTE: 19 USC 4361.>>  DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Finance and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Ways and Means and the 
                Committee on Appropriations of the House of 
                Representatives.
            (2) Covered merchandise.--The term ``covered merchandise'' 
        means merchandise that is subject to--
                    (A) a countervailing duty order issued under section 
                706 of the Tariff Act of 1930 (19 U.S.C. 1671e); or
                    (B) an antidumping duty order issued under section 
                736 of the Tariff Act of 1930 (19 U.S.C. 1673e).
            (3) Eligible small business.--
                    (A) In general.--The term ``eligible small 
                business'' means any business concern that, in the 
                judgment of the Commissioner, due to its small size, has 
                neither adequate internal resources nor financial 
                ability to obtain qualified outside assistance in 
                preparing and submitting for consideration allegations 
                of evasion.

[[Page 130 STAT. 156]]

                    (B) Nonreviewability.--Any agency decision regarding 
                whether a business concern is an eligible small business 
                for purposes of section 411(b)(4)(E) is not reviewable 
                by any other agency or by any court.
            (4) Enter; entry.--The terms ``enter'' and ``entry'' refer 
        to the entry, or withdrawal from warehouse for consumption, of 
        merchandise in the customs territory of the United States.
            (5) Evade; evasion.--The terms ``evade'' and ``evasion'' 
        refer to entering covered merchandise into the customs territory 
        of the United States by means of any document or electronically 
        transmitted data or information, written or oral statement, or 
        act that is material and false, or any omission that is 
        material, and that results in any cash deposit or other security 
        or any amount of applicable antidumping or countervailing duties 
        being reduced or not being applied with respect to the 
        merchandise.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
            (7) Trade remedy laws.--The term ``trade remedy laws'' means 
        title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.).
SEC. 403. <<NOTE: 19 USC 4362.>>  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. <<NOTE: 19 USC 4371.>>  TRADE REMEDY LAW ENFORCEMENT 
                        DIVISION.

    (a) Establishment.--
            (1) In general.--The Secretary of Homeland Security shall 
        establish and maintain within the Office of Trade established 
        under section 4 of the Act of March 3, 1927 (44 Stat. 1381, 
        chapter 348; 19 U.S.C. 2071 et seq.), as added by section 802(h) 
        of this Act, a Trade Remedy Law Enforcement Division.
            (2) Composition.--The Trade Remedy Law Enforcement Division 
        shall be composed of--
                    (A) headquarters personnel led by a Director, who 
                shall report to the Executive Assistant Commissioner of 
                the Office of Trade; and
                    (B) a National Targeting and Analysis Group 
                dedicated to preventing and countering evasion.
            (3) Duties.--The Trade Remedy Law Enforcement Division shall 
        be dedicated--
                    (A) to the development and administration of 
                policies to prevent and counter evasion, including 
                policies relating to the implementation of section 517 
                of the Tariff Act of 1930, as added by section 421 of 
                this Act;
                    (B) to direct enforcement and compliance assessment 
                activities concerning evasion;

[[Page 130 STAT. 157]]

                    (C) to the development and conduct of commercial 
                risk assessment targeting with respect to cargo destined 
                for the United States in accordance with subsection (c);
                    (D) to issuing Trade Alerts described in subsection 
                (d); and
                    (E) to the development of policies for the 
                application of single entry and continuous bonds for 
                entries of covered merchandise to sufficiently protect 
                the collection of antidumping and countervailing duties 
                commensurate with the level of risk of noncollection.

    (b) Duties of Director.--The duties of the Director of the Trade 
Remedy Law Enforcement Division shall include--
            (1) directing the trade enforcement and compliance 
        assessment activities of U.S. Customs and Border Protection that 
        concern evasion;
            (2) facilitating, promoting, and coordinating cooperation 
        and the exchange of information between U.S. Customs and Border 
        Protection, U.S. Immigration and Customs Enforcement, and other 
        relevant Federal agencies regarding evasion;
            (3) notifying on a timely basis the administering authority 
        (as defined in section 771(1) of the Tariff Act of 1930 (19 
        U.S.C. 1677(1))) and the Commission (as defined in section 
        771(2) of the Tariff Act of 1930 (19 U.S.C. 1677(2))) of any 
        finding, determination, civil action, or criminal action taken 
        by U.S. Customs and Border Protection or other Federal agency 
        regarding evasion;
            (4) serving as the primary liaison between U.S. Customs and 
        Border Protection and the public regarding activities concerning 
        evasion, including activities relating to investigations 
        conducted under section 517 of the Tariff Act of 1930, as added 
        by section 421 of this Act, which include--
                    (A) receiving allegations of evasion from parties, 
                including allegations described in section 517(b)(2) of 
                the Tariff Act of 1930, as so added;
                    (B) upon request by the party or parties that 
                submitted such an allegation of evasion, providing 
                information to such party or parties on the status of 
                U.S. Customs and Border Protection's consideration of 
                the allegation and decision to pursue or not pursue any 
                administrative inquiries or other actions, such as 
                changes in policies, procedures, or resource allocation 
                as a result of the allegation;
                    (C) as needed, requesting from the party or parties 
                that submitted such an allegation of evasion any 
                additional information that may be relevant for U.S. 
                Customs and Border Protection determining whether to 
                initiate an administrative inquiry or take any other 
                action regarding the allegation;
                    (D) notifying on a timely basis the party or parties 
                that submitted such an allegation of the results of any 
                administrative, civil, or criminal actions taken by U.S. 
                Customs and Border Protection or other Federal agency 
                regarding evasion as a direct or indirect result of the 
                allegation;
                    (E) upon request, providing technical assistance and 
                advice to eligible small businesses to enable such 
                businesses to prepare and submit such an allegation of

[[Page 130 STAT. 158]]

                evasion, except that the Director may deny technical 
                assistance if the Director concludes that the 
                allegation, if submitted, would not lead to the 
                initiation of an administrative inquiry or any other 
                action to address the allegation;
                    (F) in cooperation with the public, the Commercial 
                Customs Operations Advisory Committee established under 
                section 109, the Trade Support Network, and any other 
                relevant parties and organizations, developing 
                guidelines on the types and nature of information that 
                may be provided in such an allegation of evasion; and
                    (G) consulting regularly with the public, the 
                Commercial Customs Operations Advisory Committee, the 
                Trade Support Network, and any other relevant parties 
                and organizations regarding the development and 
                implementation of regulations, interpretations, and 
                policies related to countering evasion.

    (c) Preventing and Countering Evasion of the Trade Remedy Laws.--In 
carrying out its duties with respect to preventing and countering 
evasion, the National Targeting and Analysis Group dedicated to 
preventing and countering evasion shall--
            (1) establish targeted risk assessment methodologies and 
        standards--
                    (A) for evaluating the risk that cargo destined for 
                the United States may constitute evading covered 
                merchandise; and
                    (B) for issuing, as appropriate, Trade Alerts 
                described in subsection (d); and
            (2) to the extent practicable and otherwise authorized by 
        law, use information available from the Automated Commercial 
        System, the Automated Commercial Environment, the Automated 
        Targeting System, the Automated Export System, the International 
        Trade Data System established under section 411(d) of the Tariff 
        Act of 1930 (19 U.S.C. 1411(d)), and the TECS (formerly known as 
        the ``Treasury Enforcement Communications System''), and any 
        similar and successor systems, to administer the methodologies 
        and standards established under paragraph (1).

    (d) Trade Alerts.--Based upon the application of the targeted risk 
assessment methodologies and standards established under subsection (c), 
the Director of the Trade Remedy Law Enforcement Division shall issue 
Trade Alerts or other such means of notification to directors of United 
States ports of entry directing further inspection, physical 
examination, or testing of merchandise to ensure compliance with the 
trade remedy laws and to require additional bonds, cash deposits, or 
other security to ensure collection of any duties, taxes, and fees owed.
SEC. 412. <<NOTE: 19 USC 4372.>>  COLLECTION OF INFORMATION ON 
                        EVASION OF TRADE REMEDY LAWS.

    (a) <<NOTE: Determination.>>  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

[[Page 130 STAT. 159]]

        Commissioner considers appropriate, including by issuing 
        questionnaires with respect to the entry or entries at issue 
        to--
                    (A) a person who filed an allegation with respect to 
                the covered merchandise;
                    (B) a person who is alleged to have entered the 
                covered merchandise into the customs territory of the 
                United States through evasion; or
                    (C) any other person who is determined to have 
                information relevant to the allegation of entry of 
                covered merchandise into the customs territory of the 
                United States through evasion.

    (b) Adverse Inference.--
            (1) Use of adverse inference.--
                    (A) In general.--If the Secretary finds that a 
                person described in subparagraph (B) has failed to 
                cooperate by not acting to the best of the person's 
                ability to comply with a request for information under 
                subsection (a), the Secretary may, in making a 
                determination whether an entry or entries of covered 
                merchandise may constitute merchandise that is entered 
                into the customs territory of the United States through 
                evasion, use an inference that is adverse to the 
                interests of that person in selecting from among the 
                facts otherwise available to determine whether evasion 
                has occurred.
                    (B) Person described.--A person described in this 
                subparagraph is--
                          (i) a person who filed an allegation with 
                      respect to covered merchandise;
                          (ii) a person alleged to have entered covered 
                      merchandise into the customs territory of the 
                      United States through evasion; or
                          (iii) a foreign producer or exporter of 
                      covered merchandise that is alleged to have 
                      entered into the customs territory of the United 
                      States through evasion.
                    (C) Application.--An inference described in 
                subparagraph (A) may be used under that subparagraph 
                with respect to a person described in clause (ii) or 
                (iii) of subparagraph (B) without regard to whether 
                another person involved in the same transaction or 
                transactions under examination has provided the 
                information sought by the Secretary, such as import or 
                export documentation.
            (2) Adverse inference described.--An adverse inference used 
        under paragraph (1)(A) may include reliance on information 
        derived from--
                    (A) the allegation of evasion of the trade remedy 
                laws, if any, submitted to U.S. Customs and Border 
                Protection;
                    (B) a determination by the Commissioner in another 
                investigation, proceeding, or other action regarding 
                evasion of the unfair trade laws; or
                    (C) any other available information.
SEC. 413. ACCESS TO INFORMATION.

    (a) In General.--Section 777(b)(1)(A)(ii) of the Tariff Act of 1930 
(19 U.S.C. 1677f(b)(1)(A)(ii)) is amended by inserting ``negligence, 
gross negligence, or'' after ``regarding''.

[[Page 130 STAT. 160]]

    (b) <<NOTE: 19 USC 4373.>>  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. <<NOTE: 19 USC 4374.>>  COOPERATION WITH FOREIGN 
                        COUNTRIES ON PREVENTING EVASION OF TRADE 
                        REMEDY LAWS.

    (a) Bilateral Agreements.--
            (1) <<NOTE: Negotiation.>>  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) <<NOTE: Regulations. Procedures. Records. Determinati
                on.>>  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) <<NOTE: Verification. Determination.>>  On the 
                written request of the importing country, the exporting 
                country shall conduct a verification for purposes of 
                enabling the importing country to make a determination 
                described in subparagraph (A).
                    (C) The exporting country may allow the importing 
                country to participate in a verification described in 
                subparagraph (B), including through a site visit.
                    (D) If the exporting country does not allow 
                participation of the importing country in a verification 
                described in subparagraph (B), the importing country may 
                take this fact into consideration in its trade 
                enforcement and compliance assessment activities 
                regarding the compliance of the exporting country's 
                exports with the importing country's trade remedy laws.

    (b) Consideration.--The Commissioner is authorized to take into 
consideration whether a country is a signatory to a bilateral agreement 
described in subsection (a) and the extent to which the country is 
cooperating under the bilateral agreement for purposes of trade 
enforcement and compliance assessment activities of U.S. Customs and 
Border Protection that concern evasion by such country's exports.
    (c) Report.--Not later than December 31 of each calendar year 
beginning after the date of the enactment of this Act, the Secretary 
shall submit to the appropriate congressional committees a report 
summarizing--
            (1) the status of any ongoing negotiations of bilateral 
        agreements described in subsection (a), including the identities 
        of the countries involved in such negotiations;

[[Page 130 STAT. 161]]

            (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. <<NOTE: 19 USC 4375.>>  TRADE NEGOTIATING OBJECTIVES.

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

        Subtitle B--Investigation of Evasion of Trade Remedy Laws

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

    (a) In General.--The Tariff Act of 1930 is amended by inserting 
after section 516A (19 U.S.C. 1516a) the following:
``SEC. 517. <<NOTE: 19 USC 1517.>>  PROCEDURES FOR INVESTIGATING 
                        CLAIMS OF EVASION OF ANTIDUMPING AND 
                        COUNTERVAILING DUTY ORDERS.

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

[[Page 130 STAT. 162]]

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

[[Page 130 STAT. 163]]

                similar in characteristics and uses with, covered 
                merchandise.

    ``(b) Investigations.--
            ``(1) <<NOTE: Deadline. Determination.>>  In general.--Not 
        later than 15 business days after receiving an allegation 
        described in paragraph (2) or a referral described in paragraph 
        (3), the Commissioner shall initiate an investigation if the 
        Commissioner determines that the information provided in the 
        allegation or the referral, as the case may be, reasonably 
        suggests that covered merchandise has been entered into the 
        customs territory of the United States through evasion.
            ``(2) Allegation described.--An allegation described in this 
        paragraph is an allegation that a person has entered covered 
        merchandise into the customs territory of the United States 
        through evasion that is--
                    ``(A) filed with the Commissioner by an interested 
                party; and
                    ``(B) accompanied by information reasonably 
                available to the party that filed the allegation.
            ``(3) Referral described.--A referral described in this 
        paragraph is information submitted to the Commissioner by any 
        other Federal agency, including the Department of Commerce or 
        the United States International Trade Commission, that 
        reasonably suggests that a person has entered covered 
        merchandise into the customs territory of the United States 
        through evasion.
            ``(4) Consideration by administering authority.--
                    ``(A) In general.--If the Commissioner receives an 
                allegation under paragraph (2) and is unable to 
                determine whether the merchandise at issue is covered 
                merchandise, the Commissioner shall--
                          ``(i) <<NOTE: Referral.>>  refer the matter to 
                      the administering authority to determine whether 
                      the merchandise is covered merchandise pursuant to 
                      the authority of the administering authority under 
                      title VII; and
                          ``(ii) <<NOTE: Notification.>>  notify the 
                      party that filed the allegation, and any other 
                      interested party participating in the 
                      investigation, of the referral.
                    ``(B) Determination; transmission to commissioner.--
                After receiving a referral under subparagraph (A)(i) 
                with respect to merchandise, the administering authority 
                shall determine whether the merchandise is covered 
                merchandise and promptly transmit that determination to 
                the Commissioner.
                    ``(C) Stay of deadlines.--The period required for 
                any referral and determination under this paragraph 
                shall not be counted in calculating any deadline under 
                this section.
                    ``(D) Rule of construction.--Nothing in this 
                paragraph shall be construed to affect the authority of 
                an interested party to commence an action in the United 
                States Court of International Trade under section 
                516A(a)(2) with respect to a determination of the 
                administering authority under this paragraph.
            ``(5) Consolidation of allegations and referrals.--
                    ``(A) In general.--The Commissioner may consolidate 
                multiple allegations described in paragraph (2) and 
                referrals described in paragraph (3) into a single 
                investigation

[[Page 130 STAT. 164]]

                if the Commissioner determines it is appropriate to do 
                so.
                    ``(B) Effect on timing requirements.--If the 
                Commissioner consolidates multiple allegations or 
                referrals into a single investigation under subparagraph 
                (A), the date on which the Commissioner receives the 
                first such allegation or referral shall be used for 
                purposes of the requirement under paragraph (1) with 
                respect to the timing of the initiation of the 
                investigation.
            ``(6) Information-sharing to protect health and safety.--If, 
        during the course of conducting an investigation under paragraph 
        (1) with respect to covered merchandise, the Commissioner has 
        reason to suspect that such covered merchandise may pose a 
        health or safety risk to consumers, the Commissioner shall 
        provide, as appropriate, information to the appropriate Federal 
        agencies for purposes of mitigating the risk.
            ``(7) Technical assistance and advice.--
                    ``(A) In general.--Upon request, the Commissioner 
                shall provide technical assistance and advice to 
                eligible small businesses to enable such businesses to 
                prepare and submit allegations described in paragraph 
                (2), except that the Commissioner may deny technical 
                assistance if the Commissioner concludes that the 
                allegation, if submitted, would not lead to the 
                initiation of an investigation under this subsection or 
                any other action to address the allegation.
                    ``(B) Eligible small business defined.--
                          ``(i) In general.--In this paragraph, the term 
                      `eligible small business' means any business 
                      concern that the Commissioner determines, due to 
                      its small size, has neither adequate internal 
                      resources nor the financial ability to obtain 
                      qualified outside assistance in preparing and 
                      filing allegations described in paragraph (2).
                          ``(ii) Non-reviewability.--The determination 
                      of the Commissioner regarding whether a business 
                      concern is an eligible small business for purposes 
                      of this paragraph is not reviewable by any other 
                      agency or by any court.

    ``(c) Determinations.--
            ``(1) Determination of evasion.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Except as 
                provided in subparagraph (B), not later than 300 
                calendar days after the date on which the Commissioner 
                initiates an investigation under subsection (b) with 
                respect to covered merchandise, the Commissioner shall 
                make a determination, based on substantial evidence, 
                with respect to whether such covered merchandise was 
                entered into the customs territory of the United States 
                through evasion.
                    ``(B) Additional time.--The Commissioner may extend 
                the time to make a determination under subparagraph (A) 
                by not more than 60 calendar days if the Commissioner 
                determines that--
                          ``(i) the investigation is extraordinarily 
                      complicated because of--
                                    ``(I) the number and complexity of 
                                the transactions to be investigated;

[[Page 130 STAT. 165]]

                                    ``(II) the novelty of the issues 
                                presented; or
                                    ``(III) the number of entities to be 
                                investigated; and
                          ``(ii) additional time is necessary to make 
                      the determination under subparagraph (A).
            ``(2) Authority to collect and verify additional 
        information.--In making a determination under paragraph (1) with 
        respect to covered merchandise, the Commissioner may collect 
        such additional information as is necessary to make the 
        determination through such methods as the Commissioner considers 
        appropriate, including by--
                    ``(A) issuing a questionnaire with respect to such 
                covered merchandise to--
                          ``(i) an interested party that filed an 
                      allegation under paragraph (2) of subsection (b) 
                      that resulted in the initiation of an 
                      investigation under paragraph (1) of that 
                      subsection with respect to such covered 
                      merchandise;
                          ``(ii) a person alleged to have entered such 
                      covered merchandise into the customs territory of 
                      the United States through evasion;
                          ``(iii) a person that is a foreign producer or 
                      exporter of such covered merchandise; or
                          ``(iv) the government of a country from which 
                      such covered merchandise was exported; and
                    ``(B) conducting verifications, including on-site 
                verifications, of any relevant information.
            ``(3) Adverse inference.--
                    ``(A) In general.--If the Commissioner finds that a 
                party or person described in clause (i), (ii), or (iii) 
                of paragraph (2)(A) has failed to cooperate by not 
                acting to the best of the party or person's ability to 
                comply with a request for information, the Commissioner 
                may, in making a determination under paragraph (1), use 
                an inference that is adverse to the interests of that 
                party or person in selecting from among the facts 
                otherwise available to make the determination.
                    ``(B) Application.--An inference described in 
                subparagraph (A) may be used under that subparagraph 
                with respect to a person described in clause (ii) or 
                (iii) of paragraph (2)(A) without regard to whether 
                another person involved in the same transaction or 
                transactions under examination has provided the 
                information sought by the Commissioner, such as import 
                or export documentation.
                    ``(C) Adverse inference described.--An adverse 
                inference used under subparagraph (A) may include 
                reliance on information derived from--
                          ``(i) the allegation of evasion of the trade 
                      remedy laws, if any, submitted to U.S. Customs and 
                      Border Protection;
                          ``(ii) a determination by the Commissioner in 
                      another investigation, proceeding, or other action 
                      regarding evasion of the unfair trade laws; or
                          ``(iii) any other available information.
            ``(4) <<NOTE: Deadline.>>  Notification.--Not later than 5 
        business days after making a determination under paragraph (1) 
        with respect to covered merchandise, the Commissioner--

[[Page 130 STAT. 166]]

                    ``(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) <<NOTE: Suspension.>>  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) <<NOTE: Extension.>>  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) <<NOTE: Notification.>>  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;

[[Page 130 STAT. 167]]

                          ``(ii) <<NOTE: Consultation.>>  implementing, 
                      in consultation with the relevant Federal 
                      agencies, rule sets or modifications to rule sets 
                      for identifying, particularly through the 
                      Automated Targeting System and the Automated 
                      Commercial Environment authorized under section 
                      13031(f)(4) of the Consolidated Omnibus Budget 
                      Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)), 
                      importers, other parties, and merchandise that may 
                      be associated with evasion;
                          ``(iii) requiring, with respect to merchandise 
                      for which the importer has repeatedly provided 
                      incomplete or erroneous entry summary information 
                      in connection with determinations of evasion, the 
                      importer to deposit estimated duties at the time 
                      of entry; and
                          ``(iv) <<NOTE: Referral. Records.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Suspension.>>  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) <<NOTE: Extension.>>  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.

[[Page 130 STAT. 168]]

    ``(f) <<NOTE: Deadlines.>>  Administrative Review.--
            ``(1) In general.--Not later than 30 business days after the 
        Commissioner makes a determination under subsection (c) with 
        respect to whether covered merchandise was entered into the 
        customs territory of the United States through evasion, a person 
        determined to have entered such covered merchandise through 
        evasion or an interested party that filed an allegation under 
        paragraph (2) of subsection (b) that resulted in the initiation 
        of an investigation under paragraph (1) of that subsection with 
        respect to such covered merchandise may file an appeal with the 
        Commissioner for de novo review of the determination.
            ``(2) Timeline for review.--Not later than 60 business days 
        after an appeal of a determination is filed under paragraph (1), 
        the Commissioner shall complete the review of the determination.

    ``(g) Judicial Review.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 30 
        business days after the Commissioner completes a review under 
        subsection (f) of a determination under subsection (c) with 
        respect to whether covered merchandise was entered into the 
        customs territory of the United States through evasion, a person 
        determined to have entered such covered merchandise through 
        evasion or an interested party that filed an allegation under 
        paragraph (2) of subsection (b) that resulted in the initiation 
        of an investigation under paragraph (1) of that subsection with 
        respect to such covered merchandise may seek judicial review of 
        the determination under subsection (c) and the review under 
        subsection (f) in the United States Court of International Trade 
        to determine whether the determination and review is conducted 
        in accordance with subsections (c) and (f).
            ``(2) Standard of review.--In determining whether a 
        determination under subsection (c) or review under subsection 
        (f) is conducted in accordance with those subsections, the 
        United States Court of International Trade shall examine--
                    ``(A) whether the Commissioner fully complied with 
                all procedures under subsections (c) and (f); and
                    ``(B) whether any determination, finding, or 
                conclusion is arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall affect the availability of judicial review to an 
        interested party under any other provision of law.

    ``(h) Rule of Construction With Respect to Other Civil and Criminal 
Proceedings and Investigations.--No determination under subsection (c), 
review under subsection (f), or action taken by the Commissioner 
pursuant to this section shall preclude any individual or entity from 
proceeding, or otherwise affect or limit the authority of any individual 
or entity to proceed, with any civil, criminal, or administrative 
investigation or proceeding pursuant to any other provision of Federal 
or State law, including sections 592 and 596.''.
    (b) Conforming Amendment.--Section 1581(c) of title 28, United 
States Code, is amended by inserting ``or 517'' after ``516A''.
    (c) <<NOTE: 19 USC 1517 note.>>  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.

[[Page 130 STAT. 169]]

    (d) <<NOTE: Deadline. 19 USC 1517 note.>>  Regulations.--Not later 
than the date that is 180 days after the date of the enactment of this 
Act, the Secretary shall prescribe such regulations as may be necessary 
to implement the amendments made by this section.

                        Subtitle C--Other Matters

SEC. 431. <<NOTE: 19 USC 4391.>>  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. <<NOTE: 19 USC 4392.>>  ANNUAL REPORT ON PREVENTION AND 
                        INVESTIGATION OF EVASION OF ANTIDUMPING 
                        AND COUNTERVAILING DUTY ORDERS.

    (a) <<NOTE: Consultation.>>  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) <<NOTE: Summary.>>  a summary of the efforts of 
                U.S. Customs and Border Protection to prevent and 
                investigate the entry of covered merchandise into the 
                customs territory of the United States through evasion;
                    (B) the number of allegations of evasion received, 
                including allegations received under subsection (b) of 
                section 517 of the Tariff Act of 1930, as added by 
                section 421 of this Act, and the number of such 
                allegations resulting in investigations by U.S. Customs 
                and Border Protection or any other Federal agency;
                    (C) <<NOTE: Summary.>>  a summary of investigations 
                initiated, including investigations initiated under 
                subsection (b) of such section 517, including--

[[Page 130 STAT. 170]]

                          (i) the number and nature of the 
                      investigations initiated, conducted, or completed; 
                      and
                          (ii) the resolution of each completed 
                      investigation;
                    (D) the amount of additional duties that were 
                determined to be owed as a result of such 
                investigations, the amount of such duties that were 
                collected, and, for any such duties not collected, a 
                description of the reasons those duties were not 
                collected;
                    (E) with respect to each such investigation that led 
                to the imposition of a penalty, the amount of the 
                penalty;
                    (F) an identification of the countries of origin of 
                covered merchandise determined under subsection (c) of 
                such section 517 to be entered into the customs 
                territory of the United States through evasion;
                    (G) the amount of antidumping and countervailing 
                duties collected as a result of any investigations or 
                other actions by U.S. Customs and Border Protection or 
                any other Federal agency;
                    (H) a description of the allocation of personnel and 
                other resources of U.S. Customs and Border Protection 
                and U.S. Immigration and Customs Enforcement to prevent 
                and investigate evasion, including any assessments 
                conducted regarding the allocation of such personnel and 
                resources; and
                    (I) a description of training conducted to increase 
                expertise and effectiveness in the prevention and 
                investigation of evasion; and
            (2) a description of processes and procedures of U.S. 
        Customs and Border Protection to prevent and investigate 
        evasion, including--
                    (A) <<NOTE: Guidelines.>>  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) <<NOTE: Evaluation.>>  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.

[[Page 130 STAT. 171]]

    (c) Public Summary.--The Commissioner shall make available to the 
public a summary of the report required by subsection (a) that includes, 
at a minimum--
            (1) a description of the type of merchandise with respect to 
        which investigations were initiated under subsection (b) of 
        section 517 of the Tariff Act of 1930, as added by section 421 
        of this Act;
            (2) the amount of additional duties determined to be owed as 
        a result of such investigations and the amount of such duties 
        that were collected;
            (3) an identification of the countries of origin of covered 
        merchandise determined under subsection (c) of such section 517 
        to be entered into the customs territory of the United States 
        through evasion; and
            (4) a description of the types of measures used by U.S. 
        Customs and Border Protection to prevent and investigate 
        evasion.
SEC. 433. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS.

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

[[Page 130 STAT. 172]]

 TITLE <<NOTE: Small Business Trade Enhancement Act of 2015.>> V--SMALL 
BUSINESS TRADE ISSUES AND STATE TRADE COORDINATION
SEC. <<NOTE: 15 USC 631 note.>> 501. SHORT TITLE.

    This title may be cited as the ``Small Business Trade Enhancement 
Act of 2015'' or the ``State Trade Coordination Act''.
SEC. 502. OUTREACH AND INPUT FROM SMALL BUSINESSES TO TRADE 
                        PROMOTION AUTHORITY.

    Section 203 of Public Law 94-305 (15 U.S.C. 634c) is amended--
            (1) in the matter preceding paragraph (1), by striking ``The 
        Office of Advocacy'' and inserting the following:

    ``(a) In General.--The Office of Advocacy''; and
            (2) by adding at the end the following:

    ``(b) Outreach and Input From Small Businesses on Trade Promotion 
Authority.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `agency' has the meaning given the 
                term in section 551 of title 5, United States Code;
                    ``(B) the term `Chief Counsel for Advocacy' means 
                the Chief Counsel for Advocacy of the Small Business 
                Administration;
                    ``(C) the term `covered trade agreement' means a 
                trade agreement being negotiated pursuant to section 
                103(b) of the Bipartisan Congressional Trade Priorities 
                and Accountability Act of 2015 (Public Law 114-26; 19 
                U.S.C. 4202(b)); and
                    ``(D) the term `Working Group' means the Interagency 
                Working Group convened under paragraph (2)(A).
            ``(2) Working group.--
                    ``(A) <<NOTE: Deadline. Establishment.>>  In 
                general.--Not later than 30 days after the date on which 
                the President submits the notification required under 
                section 105(a) of the Bipartisan Congressional Trade 
                Priorities and Accountability Act of 2015 (Public Law 
                114-26; 19 U.S.C. 4204(a)), the Chief Counsel for 
                Advocacy shall convene an Interagency Working Group, 
                which shall consist of an employee from each of the 
                following agencies, as selected by the head of the 
                agency or an official delegated by the head of the 
                agency:
                          ``(i) The Office of the United States Trade 
                      Representative.
                          ``(ii) The Department of Commerce.
                          ``(iii) The Department of Agriculture.
                          ``(iv) Any other agency that the Chief Counsel 
                      for Advocacy, in <<NOTE: Consultation.>>  
                      consultation with the United States Trade 
                      Representative, determines to be relevant with 
                      respect to the subject of the covered trade 
                      agreement.
                    ``(B) <<NOTE: Deadline.>>  Views of small 
                businesses.--Not later than 30 days after the date on 
                which the Chief Counsel for Advocacy convenes the 
                Working Group under subparagraph (A), the Chief Counsel 
                for Advocacy shall identify a diverse group of small 
                businesses, representatives of small businesses, or a 
                combination thereof, to provide to the Working Group

[[Page 130 STAT. 173]]

                the views of small businesses in the manufacturing, 
                services, and agriculture industries on the potential 
                economic effects of the covered trade agreement.
            ``(3) Report.--
                    ``(A) In general.--Not later than 180 days after the 
                date on which the Chief Counsel for Advocacy convenes 
                the Working Group under paragraph (2)(A), the Chief 
                Counsel for Advocacy shall submit to the Committee on 
                Small Business and Entrepreneurship and the Committee on 
                Finance of the Senate and the Committee on Small 
                Business and the Committee on Ways and Means of the 
                House of Representatives a report on the economic 
                impacts of the covered trade agreement on small 
                businesses, which shall--
                          ``(i) identify the most important priorities, 
                      opportunities, and challenges to various 
                      industries from the covered trade agreement;
                          ``(ii) <<NOTE: Assessment.>>  assess the 
                      impact for new small businesses to start 
                      exporting, or increase their exports, to markets 
                      in countries that are parties to the covered trade 
                      agreement;
                          ``(iii) <<NOTE: Analysis.>>  analyze the 
                      competitive position of industries likely to be 
                      significantly affected by the covered trade 
                      agreement;
                          ``(iv) identify--
                                    ``(I) any State-owned enterprises in 
                                each country participating in 
                                negotiations for the covered trade 
                                agreement that could pose a threat to 
                                small businesses; and
                                    ``(II) any steps to take to create a 
                                level playing field for those small 
                                businesses;
                          ``(v) identify any rule of an agency that 
                      should be modified to become compliant with the 
                      covered trade agreement; and
                          ``(vi) <<NOTE: Overview.>>  include an 
                      overview of the methodology used to develop the 
                      report, including the number of small business 
                      participants by industry, how those small 
                      businesses were selected, and any other factors 
                      that the Chief Counsel for Advocacy may determine 
                      appropriate.
                    ``(B) Delayed submission.--To ensure that 
                negotiations for the covered trade agreement are not 
                disrupted, the President may require that the Chief 
                Counsel for Advocacy delay submission of the report 
                under subparagraph (A) until after the negotiations for 
                the covered trade agreement are concluded, provided that 
                the delay allows the Chief Counsel for Advocacy to 
                submit the report to Congress not later than 45 days 
                before the Senate or the House of Representatives acts 
                to approve or disapprove the covered trade agreement.
                    ``(C) Avoidance of duplication.--The Chief Counsel 
                for Advocacy shall, to the extent practicable, 
                coordinate the submission of the report under this 
                paragraph with the United States International Trade 
                Commission, the United States Trade Representative, 
                other agencies, and trade advisory committees to avoid 
                unnecessary duplication of reporting requirements.''.

[[Page 130 STAT. 174]]

SEC. 503. STATE TRADE EXPANSION PROGRAM.

    Section 22 of the Small Business Act (15 U.S.C. 649) is amended--
            (1) by redesignating subsection (l) as subsection (m); and
            (2) by inserting after subsection (k) the following:

    ``(l) State Trade Expansion Program.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `eligible small business concern' 
                means a business concern that--
                          ``(i) is organized or incorporated in the 
                      United States;
                          ``(ii) is operating in the United States;
                          ``(iii) meets--
                                    ``(I) the applicable industry-based 
                                small business size standard established 
                                under section 3; or
                                    ``(II) the alternate size standard 
                                applicable to the program under section 
                                7(a) of this Act and the loan programs 
                                under title V of the Small Business 
                                Investment Act of 1958 (15 U.S.C. 695 et 
                                seq.);
                          ``(iv) has been in business for not less than 
                      1 year, as of the date on which assistance using a 
                      grant under this subsection commences; and
                          ``(v) has access to sufficient resources to 
                      bear the costs associated with trade, including 
                      the costs of packing, shipping, freight 
                      forwarding, and customs brokers;
                    ``(B) the term `program' means the State Trade 
                Expansion Program established under paragraph (2);
                    ``(C) the term `rural small business concern' means 
                an eligible small business concern located in a rural 
                area, as that term is defined in section 1393(a)(2) of 
                the Internal Revenue Code of 1986;
                    ``(D) the term `socially and economically 
                disadvantaged small business concern' has the meaning 
                given that term in section 8(a)(4)(A) of the Small 
                Business Act (15 U.S.C. 637(a)(4)(A)); and
                    ``(E) the term `State' means each of the several 
                States, the District of Columbia, the Commonwealth of 
                Puerto Rico, the Virgin Islands, Guam, the Commonwealth 
                of the Northern Mariana Islands, and American Samoa.
            ``(2) <<NOTE: Grants.>>  Establishment of program.--The 
        Associate Administrator shall establish a trade expansion 
        program, to be known as the `State Trade Expansion Program', to 
        make grants to States to carry out programs that assist eligible 
        small business concerns in--
                    ``(A) participation in foreign trade missions;
                    ``(B) a subscription to services provided by the 
                Department of Commerce;
                    ``(C) the payment of website fees;
                    ``(D) the design of marketing media;
                    ``(E) a trade show exhibition;
                    ``(F) participation in training workshops;
                    ``(G) a reverse trade mission;

[[Page 130 STAT. 175]]

                    ``(H) <<NOTE: Consultation.>>  procurement of 
                consultancy services (after consultation with the 
                Department of Commerce to avoid duplication); or
                    ``(I) any other initiative determined appropriate by 
                the Associate Administrator.
            ``(3) Grants.--
                    ``(A) Joint review.--In carrying out the program, 
                the Associate Administrator may make a grant to a State 
                to increase the number of eligible small business 
                concerns in the State exploring significant new trade 
                opportunities.
                    ``(B) Considerations.--In making grants under this 
                subsection, the Associate Administrator may give 
                priority to an application by a State that proposes a 
                program that--
                          ``(i) focuses on eligible small business 
                      concerns as part of a trade expansion program;
                          ``(ii) demonstrates intent to promote trade 
                      expansion by--
                                    ``(I) socially and economically 
                                disadvantaged small business concerns;
                                    ``(II) small business concerns owned 
                                or controlled by women; and
                                    ``(III) rural small business 
                                concerns;
                          ``(iii) promotes trade facilitation from a 
                      State that is not 1 of the 10 States with the 
                      highest percentage of eligible small business 
                      concerns that are engaged in international trade, 
                      based upon the most recent data from the 
                      Department of Commerce; and
                          ``(iv) includes--
                                    ``(I) activities which have resulted 
                                in the highest return on investment 
                                based on the most recent year; and
                                    ``(II) the adoption of shared best 
                                practices included in the annual report 
                                of the Administration.
                    ``(C) Limitations.--
                          ``(i) Single application.--A State may not 
                      submit more than 1 application for a grant under 
                      the program in any 1 fiscal year.
                          ``(ii) Proportion of amounts.--The total value 
                      of grants made under the program during a fiscal 
                      year to the 10 States with the highest percentage 
                      of eligible small business concerns, based upon 
                      the most recent data available from the Department 
                      of Commerce, shall be not more than 40 percent of 
                      the amounts appropriated for the program for that 
                      fiscal year.
                          ``(iii) Duration.--The Associate Administrator 
                      shall award a grant under this program for a 
                      period of not more than 2 years.
                    ``(D) Application.--
                          ``(i) In general.--A State desiring a grant 
                      under the program shall submit an application at 
                      such time, in such manner, and accompanied by such 
                      information as the Associate Administrator may 
                      establish.
                          ``(ii) Consultation to reduce duplication.--A 
                      State desiring a grant under the program shall--

[[Page 130 STAT. 176]]

                                    ``(I) before submitting an 
                                application under clause (i), consult 
                                with applicable trade agencies of the 
                                Federal Government on the scope and 
                                mission of the activities the State 
                                proposes to carry out using the grant, 
                                to ensure proper coordination and reduce 
                                duplication in services; and
                                    ``(II) document the consultation 
                                conducted under subclause (I) in the 
                                application submitted under clause (i).
            ``(4) Competitive basis.--The Associate Administrator shall 
        award grants under the program on a competitive basis.
            ``(5) Federal share.--The Federal share of the cost of a 
        trade expansion program carried out using a grant under the 
        program shall be--
                    ``(A) for a State that has a high trade volume, as 
                determined by the Associate Administrator, not more than 
                65 percent; and
                    ``(B) for a State that does not have a high trade 
                volume, as determined by the Associate Administrator, 
                not more than 75 percent.
            ``(6) Non-federal share.--The non-Federal share of the cost 
        of a trade expansion program carried out using a grant under the 
        program shall be comprised of not less than 50 percent cash and 
        not more than 50 percent of indirect costs and in-kind 
        contributions, except that no such costs or contributions may be 
        derived from funds from any other Federal program.
            ``(7) Reports.--
                    ``(A) Initial report.--Not later than 120 days after 
                the date of enactment of this subsection, the Associate 
                Administrator shall submit to the Committee on Small 
                Business and Entrepreneurship of the Senate and the 
                Committee on Small Business of the House of 
                Representatives a report, which shall include--
                          ``(i) a description of the structure of and 
                      procedures for the program;
                          ``(ii) <<NOTE: Management plan.>>  a 
                      management plan for the program; and
                          ``(iii) a description of the merit-based 
                      review process to be used in the program.
                    ``(B) Annual reports.--
                          ``(i) <<NOTE: Web posting.>>  In general.--The 
                      Associate Administrator shall publish on the 
                      website of the Administration an annual report 
                      regarding the program, which shall include--
                                    ``(I) the number and amount of 
                                grants made under the program during the 
                                preceding year;
                                    ``(II) a list of the States 
                                receiving a grant under the program 
                                during the preceding year, including the 
                                activities being performed with each 
                                grant;
                                    ``(III) the effect of each grant on 
                                the eligible small business concerns in 
                                the State receiving the grant;
                                    ``(IV) the total return on 
                                investment for each State; and
                                    ``(V) a description of best 
                                practices by States that showed high 
                                returns on investment and

[[Page 130 STAT. 177]]

                                significant progress in helping more 
                                eligible small business concerns.
                          ``(ii) Notice to congress.--On the date on 
                      which the Associate Administrator publishes a 
                      report under clause (i), the Associate 
                      Administrator shall notify the Committee on Small 
                      Business and Entrepreneurship of the Senate and 
                      the Committee on Small Business of the House of 
                      Representatives that the report has been 
                      published.
            ``(8) Reviews by inspector general.--
                    ``(A) In general.--The Inspector General of the 
                Administration shall conduct a review of--
                          ``(i) the extent to which recipients of grants 
                      under the program are measuring the performance of 
                      the activities being conducted and the results of 
                      the measurements; and
                          ``(ii) the overall management and 
                      effectiveness of the program.
                    ``(B) Reports.--
                          ``(i) Pilot program.--Not later than 6 months 
                      after the date of enactment of this subsection, 
                      the Inspector General of the Administration shall 
                      submit to the Committee on Small Business and 
                      Entrepreneurship of the Senate and the Committee 
                      on Small Business of the House of Representatives 
                      a report regarding the use of amounts made 
                      available under the State Trade and Export 
                      Promotion Grant Program under section 1207 of the 
                      Small Business Jobs Act of 2010 (15 U.S.C. 649b 
                      note).
                          ``(ii) New step program.--Not later than 18 
                      months after the date on which the first grant is 
                      awarded under this subsection, the Inspector 
                      General of the Administration shall submit to the 
                      Committee on Small Business and Entrepreneurship 
                      of the Senate and the Committee on Small Business 
                      of the House of Representatives a report regarding 
                      the review conducted under subparagraph (A).
            ``(9) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out the program $30,000,000 for each 
        of fiscal years 2016 through 2020.''.
SEC. 504. STATE AND FEDERAL EXPORT PROMOTION COORDINATION.

    (a) State and Federal Export Promotion Coordination Working Group.--
Subtitle C of the Export Enhancement Act of 1988 (15 U.S.C. 4721 et 
seq.) is amended by inserting after section 2313 the following:
``SEC. 2313A. <<NOTE: 15 USC 4728a.>>  STATE AND FEDERAL EXPORT 
                            PROMOTION COORDINATION WORKING GROUP.

    ``(a) Statement of Policy.--It is the policy of the United States to 
promote exports as an opportunity for small businesses. In exercising 
their powers and functions in order to advance that policy, all Federal 
agencies shall work constructively with State and local agencies engaged 
in export promotion and export financing activities.
    ``(b) <<NOTE: President.>>  Establishment.--The President shall 
establish a State and Federal Export Promotion Coordination Working 
Group (in this section referred to as the `Working Group') as a 
subcommittee

[[Page 130 STAT. 178]]

of the Trade Promotion Coordination Committee (in this section referred 
to as the `TPCC').

    ``(c) Purposes.--The purposes of the Working Group are--
            ``(1) to identify issues related to the coordination of 
        Federal resources relating to export promotion and export 
        financing with such resources provided by State and local 
        governments;
            ``(2) to identify ways to improve coordination with respect 
        to export promotion and export financing activities through the 
        strategic plan developed under section 2312(c);
            ``(3) <<NOTE: Strategy.>>  to develop a strategy for 
        improving coordination of Federal and State resources relating 
        to export promotion and export financing, including methods to 
        eliminate duplication of effort and overlapping functions; and
            ``(4) <<NOTE: Strategic plan.>>  to develop a strategic plan 
        for considering and implementing the suggestions of the Working 
        Group as part of the strategic plan developed under section 
        2312(c).

    ``(d) Membership.--The Secretary of Commerce shall select the 
members of the Working Group, who shall include--
            ``(1) representatives from State trade agencies representing 
        regionally diverse areas; and
            ``(2) representatives of the departments and agencies that 
        are represented on the TPCC, who are designated by the heads of 
        their respective departments or agencies to advise the head on 
        ways of promoting the exportation of United States goods and 
        services.''.

    (b) Report on Improvements to Export.gov as a Single Window for 
Export Information.--
            (1) <<NOTE: Consultation. Recommenda- tions.>>  In 
        general.--Not later than 180 days after the date of enactment of 
        this Act, the Associate Administrator for International Trade of 
        the Small Business Administration shall, after consultation with 
        the entities specified in paragraph (2), submit to the 
        appropriate congressional committees a report that includes the 
        recommendations of the Associate Administrator for improving the 
        experience provided by the Internet website Export.gov (or a 
        successor website) as--
                    (A) a comprehensive resource for information about 
                exporting articles from the United States; and
                    (B) a single website for exporters to submit all 
                information required by the Federal Government with 
                respect to the exportation of articles from the United 
                States.
            (2) Entities specified.--The entities specified in this 
        paragraph are--
                    (A) small business concerns (as defined in section 3 
                of the Small Business Act (15 U.S.C. 632)) that are 
                exporters; and
                    (B) the President's Export Council, State agencies 
                with responsibility for export promotion or export 
                financing, district export councils, and trade 
                associations.
            (3) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Small Business and 
                Entrepreneurship and the Committee on Banking, Housing, 
                and Urban Affairs of the Senate; and
                    (B) the Committee on Small Business and the 
                Committee on Foreign Affairs of the House of 
                Representatives.

[[Page 130 STAT. 179]]

    (c) <<NOTE: 15 USC 4727 note.>>  Availability of State Resources 
Guides on Export.gov.--The Secretary of Commerce shall make available on 
the Internet website Export.gov (or a successor website) information on 
the resources relating to export promotion and export financing 
available in each State--
            (1) organized by State; and
            (2) including information on State agencies with 
        responsibility for export promotion or export financing and 
        district export councils and trade associations located in the 
        State.
SEC. 505. <<NOTE: 15 USC 4721a.>>  STATE TRADE COORDINATION.

    (a) Membership of Representatives of State Trade Promotion Agencies 
on Trade Promotion Coordinating Committee.--Section 2312 of the Export 
Enhancement Act of 1988 (15 U.S.C. 4727) is amended--
            (1) in subsection (d)--
                    (A) by redesignating paragraph (2) as paragraph (3); 
                and
                    (B) by inserting after paragraph (1) the following:
            ``(2) <<NOTE: President.>>  Representatives from state trade 
        promotion agencies.--The TPCC shall also include 1 or more 
        members appointed by the President who are representatives of 
        State trade promotion agencies.''; and
            (2) in subsection (e), in the first sentence, by inserting 
        ``(other than members described in subsection (d)(2))'' after 
        ``Members of the TPCC''.

    (b) Federal and State Export Promotion Coordination Plan.--
            (1) In general.--The Secretary of Commerce, acting through 
        the Trade Promotion Coordinating Committee and in coordination 
        with representatives of State trade promotion agencies, shall 
        develop a comprehensive plan to integrate the resources and 
        strategies of State trade promotion agencies into the overall 
        Federal trade promotion program.
            (2) Matters to be included.--The plan required under 
        paragraph (1) shall include the following:
                    (A) A description of the role of State trade 
                promotion agencies in assisting exporters.
                    (B) An outline of the role of State trade promotion 
                agencies and how it is different from Federal agencies 
                located within or providing services within the State.
                    (C) A plan on how to utilize State trade promotion 
                agencies in the Federal trade promotion program.
                    (D) An explanation of how Federal and State agencies 
                will share information and resources.
                    (E) A description of how Federal and State agencies 
                will coordinate education and trade events in the United 
                States and abroad.
                    (F) A description of the efforts to increase 
                efficiency and reduce duplication.
                    (G) A clear identification of where businesses can 
                receive appropriate international trade information 
                under the plan.
            (3) Deadline.--The plan required under paragraph (1) shall 
        be finalized and submitted to Congress not later than 12 months 
        after the date of the enactment of this Act.

    (c) Annual Federal-State Export Strategy.--

[[Page 130 STAT. 180]]

            (1) In general.--The Secretary of Commerce, acting through 
        the head of the United States Foreign and Commercial Service, 
        shall develop an annual Federal-State export strategy for each 
        State that submits to the Secretary of Commerce its export 
        strategy for the upcoming calendar year. In developing an annual 
        Federal-State export strategy under this paragraph, the 
        Secretary of Commerce shall take into account the Federal and 
        State export promotion coordination plan developed under 
        subsection (b).
            (2) Matters to be included.--The Federal-State export 
        strategy required under paragraph (1) shall include the 
        following:
                    (A) The State's export strategy and economic goals.
                    (B) The State's key sectors and industries of focus.
                    (C) Possible foreign and domestic trade events.
                    (D) Efforts to increase efficiencies and reduce 
                duplication.
            (3) Report.--The Federal-State export strategy required 
        under paragraph (1) shall be submitted to the Trade Promotion 
        Coordinating Committee not later than February 1, 2017, and 
        February 1 of each year thereafter.

    (d) Coordinated Metrics and Information Sharing.--
            (1) <<NOTE: Framework.>>  In general.--The Secretary of 
        Commerce, in coordination with representatives of State trade 
        promotion agencies, shall develop a framework to share export 
        success information, and develop a coordinated set of reporting 
        metrics.
            (2) Report to congress.--Not later than one year after the 
        date of the enactment of this Act, the Secretary of Commerce 
        shall submit to Congress a report that contains the framework 
        and reporting metrics required under paragraph (1).

    (e) Annual Survey and Analysis and Report Under National Export 
Strategy.--Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 
4727) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) in coordination with State trade promotion agencies, 
        include a survey and analysis regarding the overall 
        effectiveness of Federal-State coordination and export promotion 
        goals on an annual basis, to further include best practices, 
        recommendations to better assist small businesses, and other 
        relevant matters.''; and
            (2) in subsection (f)(1), by inserting ``(including 
        implementation of the survey and analysis described in paragraph 
        (7) of that subsection)'' after ``the implementation of such 
        plan''.

               TITLE VI--ADDITIONAL ENFORCEMENT PROVISIONS

SEC. 601. TRADE ENFORCEMENT PRIORITIES.

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

[[Page 130 STAT. 181]]

``SEC. 310. TRADE ENFORCEMENT PRIORITIES.

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

[[Page 130 STAT. 182]]

                under paragraph (1) and the criteria set forth in 
                paragraph (2).
                    ``(B) Report in subsequent years.--The Trade 
                Representative shall include, when reporting under 
                subparagraph (A) in any calendar year after the calendar 
                year that begins after the date of the enactment of the 
                Trade Facilitation and Trade Enforcement Act of 2015, a 
                description of actions taken to address any acts, 
                policies, or practices of foreign governments identified 
                as trade enforcement priorities under this subsection in 
                the calendar year preceding that report and, as 
                relevant, any calendar year before that calendar year.

    ``(b) Semiannual Enforcement Consultations.--
            ``(1) <<NOTE: Deadline.>>  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.

[[Page 130 STAT. 183]]

            ``(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) <<NOTE: Deadline.>>  Investigation and Resolution.--In the 
case of any acts, policies, or practices of a foreign government 
identified as a trade enforcement priority under subsection (a), the 
Trade Representative shall, not later than the date of the first 
semiannual enforcement consultations held under subsection (b) after the 
identification of the priority, take appropriate action to address that 
priority, including--
            ``(1) engagement with the foreign government to resolve 
        concerns raised by such acts, policies, or practices;
            ``(2) initiation of an investigation under section 302(b)(1) 
        with respect to such acts, policies, or practices;
            ``(3) initiation of negotiations for a bilateral agreement 
        that provides for resolution of concerns raised by such acts, 
        policies, or practices; or
            ``(4) initiation of dispute settlement proceedings under the 
        WTO Agreements or any other trade agreement to which the United 
        States is a party with respect to such acts, policies, or 
        practices.

    ``(d) Enforcement Notifications and Consultation.--
            ``(1) Initiation of enforcement action.--The Trade 
        Representative shall notify and consult with the Committee on 
        Finance of the Senate and the Committee on Ways and Means of the 
        House of Representatives in advance of the initiation of any 
        formal trade dispute by or against the United States taken in 
        regard to an obligation under the WTO Agreements or any other 
        trade agreement to which the United States is a party. With 
        respect to a formal trade dispute against the United States, if 
        advance notification and consultation are not possible, the 
        Trade Representative shall notify and consult at the earliest 
        practicable opportunity after initiation of the dispute.
            ``(2) Circulation of reports.--The Trade Representative 
        shall notify and consult with the Committee on Finance of the 
        Senate and the Committee on Ways and Means of the House of 
        Representatives in advance of the announced or anticipated 
        circulation of any report of a dispute settlement panel

[[Page 130 STAT. 184]]

        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,''.

[[Page 130 STAT. 185]]

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. <<NOTE: Deadlines. Web postings. 19 USC 2255.>>  TRADE 
                        MONITORING.

    ``(a) Monitoring Tool for Imports.--
            ``(1) <<NOTE: Public information.>>  In general.--Not later 
        than 180 days after the date of the enactment of the Trade 
        Facilitation and Trade Enforcement Act of 2015, the Commission 
        shall make available on a website of the Commission an import 
        monitoring tool to allow the public access to data on the volume 
        and value of goods imported to the United States for the purpose 
        of assessing whether such data has changed with respect to such 
        goods over a period of time.
            ``(2) Data described.--For purposes of the monitoring tool 
        under paragraph (1), the Commission shall use data compiled by 
        the Department of Commerce and such other government data as the 
        Commission considers appropriate.
            ``(3) Periods of time.--The Commission shall ensure that 
        data accessed through the monitoring tool under paragraph (1) 
        includes data for the most recent quarter for which such data 
        are available and previous quarters as the Commission considers 
        practicable.

    ``(b) Monitoring Reports.--
            ``(1) In general.--Not later than 270 days after the date of 
        the enactment of the Trade Facilitation and Trade Enforcement 
        Act of 2015, and not less frequently than quarterly thereafter, 
        the Secretary of Commerce shall publish on a website of the 
        Department of Commerce, and notify the Committee on Finance of 
        the Senate and the Committee on Ways and Means of the House of 
        Representatives of the availability of, a monitoring report on 
        changes in the volume and value of trade with respect to imports 
        and exports of goods categorized based on the 6-digit subheading 
        number of the goods under the Harmonized Tariff Schedule of the 
        United States during the most recent quarter for which such data 
        are available and previous quarters as the Secretary considers 
        practicable.
            ``(2) <<NOTE: Federal Register, publication.>>  Requests for 
        comment.--Not later than one year after the date of the 
        enactment of the Trade Facilitation and Trade Enforcement Act of 
        2015, the Secretary of Commerce shall solicit through the 
        Federal Register public comment on the monitoring reports 
        described in paragraph (1).

    ``(c) Sunset.--The requirements under this section terminate on the 
date that is seven years after the date of the enactment of the Trade 
Facilitation and Trade Enforcement Act of 2015.''.
    (b) Clerical Amendment.--The table of contents for the Trade Act of 
1974 (19 U.S.C. 2101 et seq.) is amended by inserting after the item 
relating to section 204 the following:

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

SEC. 604. ESTABLISHMENT OF INTERAGENCY CENTER ON TRADE 
                        IMPLEMENTATION, MONITORING, AND 
                        ENFORCEMENT.

    (a) In General.--Section 141 of the Trade Act of 1974 (19 U.S.C. 
2171) is amended by adding at the end the following:
    ``(h) Interagency Center on Trade Implementation, Monitoring, and 
Enforcement.--

[[Page 130 STAT. 186]]

            ``(1) Establishment of center.--There is established in the 
        Office of the United States Trade Representative an Interagency 
        Center on Trade Implementation, Monitoring, and Enforcement (in 
        this section referred to as the `Center').
            ``(2) Functions of center.--The Center shall support the 
        activities of the United States Trade Representative in--
                    ``(A) investigating potential disputes under the 
                auspices of the World Trade Organization;
                    ``(B) investigating potential disputes pursuant to 
                bilateral and regional trade agreements to which the 
                United States is a party;
                    ``(C) carrying out the functions of the United 
                States Trade Representative under this section with 
                respect to the monitoring and enforcement of trade 
                agreements to which the United States is a party; and
                    ``(D) monitoring measures taken by parties to 
                implement provisions of trade agreements to which the 
                United States is a party.
            ``(3) Personnel.--
                    ``(A) <<NOTE: Appointment.>>  Director.--The head of 
                the Center shall be a Director, who shall be appointed 
                by the United States Trade Representative.
                    ``(B) <<NOTE: Consultation.>>  Additional 
                employees.--A Federal agency may, in consultation with 
                and with the approval of the United States Trade 
                Representative, detail or assign one or more employees 
                to the Center without any reimbursement from the Center 
                to support the functions of the Center.''.

    (b) Interagency Resources.--Section 141(d)(1)(A) of the Trade Act of 
1974 (19 U.S.C. 2171(d)(1)(A)) is amended by inserting ``, including 
resources of the Interagency Center on Trade Implementation, Monitoring, 
and Enforcement established under subsection (h),'' after ``interagency 
resources''.
    (c) Reports.--Section 163 of the Trade Act of 1974 (19 U.S.C. 2213) 
is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (J), by striking ``and'' at the 
                end;
                    (B) in subparagraph (K), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(L) the operation of the Interagency Center on 
                Trade Implementation, Monitoring, and Enforcement 
                established under section 141(h), including--
                          ``(i) information relating to the personnel of 
                      the Center, including a description of any 
                      employees detailed or assigned to the Center by a 
                      Federal agency under paragraph (3)(B) of such 
                      section;
                          ``(ii) information relating to the functions 
                      of the Center; and
                          ``(iii) an assessment of the operating costs 
                      of the Center.''; and
            (2) by adding at the end the following:

    ``(d) Quadrennial Plan and Report.--
            ``(1) Quadrennial plan.--Pursuant to the goals and 
        objectives of the strategic plan of the Office of the United 
        States Trade Representative as required under section 306 of 
        title 5, United States Code, the Trade Representative shall, 
        every 4 years, develop a plan--

[[Page 130 STAT. 187]]

                    ``(A) <<NOTE: Analysis. Records.>>  to analyze 
                internal quality controls and record management of the 
                Office;
                    ``(B) to identify existing staff of the Office and 
                new staff that will be necessary to support the trade 
                negotiation and enforcement functions and powers of the 
                Office (including those functions and powers of the 
                Trade Policy Staff Committee) as described in section 
                141 and section 301;
                    ``(C) to identify existing staff of the Office and 
                staff in other Federal agencies who will be required to 
                be detailed or assigned to support interagency programs 
                led by the Trade Representative, including any 
                associated expenses;
                    ``(D) to provide an outline of budget 
                justifications, including salaries and expenses as well 
                as nonpersonnel administrative expenses, for the fiscal 
                years required under the strategic plan; and
                    ``(E) to provide an outline of budget 
                justifications, including salaries and expenses as well 
                as nonpersonnel administrative expenses, for interagency 
                programs led by the Trade Representative for the fiscal 
                years required under the strategic plan.
            ``(2) Report.--
                    ``(A) In general.--The Trade Representative shall 
                submit to the appropriate congressional committees a 
                report that contains the plan required under paragraph 
                (1). Except as provided in subparagraph (B), the report 
                required under this subparagraph shall be submitted in 
                conjunction with the strategic plan of the Office as 
                required under section 306 of title 5, United States 
                Code.
                    ``(B) Exception.--The Trade Representative shall 
                submit to the appropriate congressional committees an 
                initial report that contains the plan required under 
                paragraph (1) not later than June 1, 2016.
                    ``(C) Appropriate congressional committees 
                defined.--In this paragraph, the term `appropriate 
                congressional committees' means--
                          ``(i) the Committee on Finance and the 
                      Committee on Appropriations of the Senate; and
                          ``(ii) the Committee on Ways and Means and the 
                      Committee on Appropriations of the House of 
                      Representatives.''.
SEC. 605. <<NOTE: 19 USC 4401.>>  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

[[Page 130 STAT. 188]]

of 2005 (Public Law 109-171; 120 Stat. 154)), with respect to entries of 
merchandise that--
            (1) were made on or before September 30, 2007; and
            (2) were, in accordance with section 822 of the Claims 
        Resolution Act of 2010 (19 U.S.C. 1675c note), unliquidated, not 
        in litigation, and not under an order of liquidation from the 
        Department of Commerce on December 8, 2010.

    (c) Interest Described.--
            (1) Interest realized.--Interest described in this 
        subsection is interest earned on antidumping duties or 
        countervailing duties described in subsection (b) that is 
        realized through application of a payment received on or after 
        October 1, 2014, by U.S. Customs and Border Protection under, or 
        in connection with--
                    (A) a customs bond pursuant to a court order or 
                judgment; or
                    (B) a settlement with respect to a customs bond, 
                including any payment made to U.S. Customs and Border 
                Protection with respect to that bond by a surety.
            (2) Types of interest.--Interest described in paragraph (1) 
        includes the following:
                    (A) Interest accrued under section 778 of the Tariff 
                Act of 1930 (19 U.S.C. 1677g).
                    (B) Interest accrued under section 505(d) of the 
                Tariff Act of 1930 (19 U.S.C. 1505(d)).
                    (C) Equitable interest under common law and interest 
                under section 963 of the Revised Statutes (19 U.S.C. 
                580) awarded by a court against a surety under its bond 
                for late payment of antidumping duties, countervailing 
                duties, or interest described in subparagraph (A) or 
                (B).

    (d) Definitions.--In this section:
            (1) Antidumping duties.--The term ``antidumping duties'' 
        means antidumping duties imposed under section 731 of the Tariff 
        Act of 1930 (19 U.S.C. 1673) or under the Antidumping Act, 1921 
        (title II of the Act of May 27, 1921; 42 Stat. 11, chapter 14).
            (2) Countervailing duties.--The term ``countervailing 
        duties'' means countervailing duties imposed under section 701 
        of the Tariff Act of 1930 (19 U.S.C. 1671).
SEC. 606. <<NOTE: 19 USC 4402.>>  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).

[[Page 130 STAT. 189]]

SEC. 607. ENFORCEMENT UNDER TITLE III OF THE TRADE ACT OF 1974 
                        WITH RESPECT TO CERTAIN ACTS, POLICIES, 
                        AND PRACTICES.

    Section 301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C. 
2411(d)(3)(B)) is amended--
            (1) in clause (ii), by striking ``or'' at the end;
            (2) in clause (iii)(V), by striking the period at the end 
        and inserting ``, or''; and
            (3) by adding at the end the following:
                          ``(iv) constitutes a persistent pattern of 
                      conduct by the government of a foreign country 
                      under which that government fails to effectively 
                      enforce commitments under agreements to which the 
                      foreign country and the United States are parties, 
                      including with respect to trade in goods, trade in 
                      services, trade in agriculture, foreign 
                      investment, intellectual property, digital trade 
                      in goods and services and cross-border data flows, 
                      regulatory practices, state-owned and state-
                      controlled enterprises, localization barriers to 
                      trade, labor and the environment, anticorruption, 
                      trade remedy laws, textiles, and commercial 
                      partnerships.''.
SEC. 608. <<NOTE: 19 USC 4403.>>  HONEY TRANSSHIPMENT.

    (a) In General.--The Commissioner shall direct appropriate personnel 
and the use of resources of U.S. Customs and Border Protection to 
address concerns that honey is being imported into the United States in 
violation of the customs and trade laws of the United States.
    (b) Country of Origin.--
            (1) <<NOTE: Records.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Recommenda- tions.>>  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

[[Page 130 STAT. 190]]

of U.S. Customs and Border Protection to use to ensure that imports of 
honey are--
            (1) classified accurately for purposes of assessing duties; 
        and
            (2) denied entry into the United States if such imports pose 
        a threat to the health or safety of consumers in the United 
        States.
SEC. 609. ESTABLISHMENT OF CHIEF INNOVATION AND INTELLECTUAL 
                        PROPERTY NEGOTIATOR.

    (a) In General.--Section 141 of the Trade Act of 1974 (19 U.S.C. 
2171) is amended--
            (1) in subsection (b)(2)--
                    (A) by striking ``and one Chief Agricultural 
                Negotiator'' and inserting ``, one Chief Agricultural 
                Negotiator, and one Chief Innovation and Intellectual 
                Property Negotiator,'';
                    (B) by striking ``or the Chief Agricultural 
                Negotiator'' and inserting ``, the Chief Agricultural 
                Negotiator, or the Chief Innovation and Intellectual 
                Property Negotiator''; and
                    (C) by striking ``and the Chief Agricultural 
                Negotiator'' and inserting ``, the Chief Agricultural 
                Negotiator, and the Chief Innovation and Intellectual 
                Property Negotiator''; and
            (2) in subsection (c)--
                    (A) by moving paragraph (5) 2 ems to the left; and
                    (B) by adding at the end the following:

    ``(6) The principal functions of the Chief Innovation and 
Intellectual Property Negotiator shall be to conduct trade negotiations 
and to enforce trade agreements relating to United States intellectual 
property and to take appropriate actions to address acts, policies, and 
practices of foreign governments that have a significant adverse impact 
on the value of United States innovation. The Chief Innovation and 
Intellectual Property Negotiator shall be a vigorous advocate on behalf 
of United States innovation and intellectual property interests. The 
Chief Innovation and Intellectual Property Negotiator shall perform such 
other functions as the United States Trade Representative may direct.''.
    (b) Compensation.--Section 5314 of title 5, United States Code is 
amended by striking ``Chief Agricultural Negotiator.'' and inserting the 
following:

    ``Chief Agricultural Negotiator, Office of the United States Trade 
Representative.
    ``Chief Innovation and Intellectual Property Negotiator, Office of 
the United States Trade Representative.''.
    (c) <<NOTE: 19 USC 4404.>>  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) <<NOTE: Time period.>>  enforcement actions taken by the 
        Trade Representative during the one-year period preceding the 
        submission of the report to ensure the protection of United 
        States innovation and intellectual property interests; and

[[Page 130 STAT. 191]]

            (2) other actions taken by the Trade Representative to 
        advance United States innovation and intellectual property 
        interests.
SEC. 610. MEASURES RELATING TO COUNTRIES THAT DENY ADEQUATE 
                        PROTECTION FOR INTELLECTUAL PROPERTY 
                        RIGHTS.

    (a) Inclusion of Countries That Deny Adequate Protection of Trade 
Secrets.--Section 182(d)(2) of the Trade Act of 1974 (19 U.S.C. 
2242(d)(2)) is amended by inserting ``, trade secrets,'' after 
``copyrights''.
    (b) Special Rules for Countries on the Priority Watch List of the 
United States Trade Representative.--
            (1) In general.--Section 182 of the Trade Act of 1974 (19 
        U.S.C. 2242) is amended by striking subsection (g) and inserting 
        the following:

    ``(g) Special Rules for Foreign Countries on the Priority Watch 
List.--
            ``(1) Action plans.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 90 days after the date on which the Trade 
                Representative submits the National Trade Estimate under 
                section 181(b), the Trade Representative shall develop 
                an action plan described in subparagraph (C) with 
                respect to each foreign country described in 
                subparagraph (B).
                    ``(B) Foreign country described.--The Trade 
                Representative shall develop an action plan under 
                subparagraph (A) with respect to each foreign country 
                that--
                          ``(i) the Trade Representative has identified 
                      for placement on the priority watch list; and
                          ``(ii) has remained on such list for at least 
                      one year.
                    ``(C) Action plan described.--An action plan 
                developed under subparagraph (A) shall contain the 
                benchmarks described in subparagraph (D) and be designed 
                to assist the foreign country--
                          ``(i) to achieve--
                                    ``(I) adequate and effective 
                                protection of intellectual property 
                                rights; and
                                    ``(II) fair and equitable market 
                                access for United States persons that 
                                rely upon intellectual property 
                                protection; or
                          ``(ii) to make significant progress toward 
                      achieving the goals described in clause (i).
                    ``(D) Benchmarks described.--The benchmarks 
                contained in an action plan developed pursuant to 
                subparagraph (A) are such legislative, institutional, 
                enforcement, or other actions as the Trade 
                Representative determines to be necessary for the 
                foreign country to achieve the goals described in clause 
                (i) or (ii) of subparagraph (C).
            ``(2) <<NOTE: President. Consultation. Determination.>>  
        Failure to meet action plan benchmarks.--If, as of one year 
        after the date on which an action plan is developed under 
        paragraph (1)(A), the President, in consultation with the Trade 
        Representative, determines that the foreign country to which the 
        action plan applies has not substantially complied with the 
        benchmarks described in paragraph (1)(D), the President may take 
        appropriate action with respect to the foreign country.

[[Page 130 STAT. 192]]

            ``(3) Priority watch list defined.--In this subsection, the 
        term `priority watch list' means the priority watch list 
        established by the Trade Representative pursuant to subsection 
        (a).

    ``(h) <<NOTE: Time period.>>  Annual Report.--Not later than 30 days 
after the date on which the Trade Representative submits the National 
Trade Estimate under section 181(b), the Trade Representative shall 
submit to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate a report on 
actions taken under this section during the 12 months preceding such 
report, and the reasons for such actions, including--
            ``(1) <<NOTE: List.>>  a list of any foreign countries 
        identified under subsection (a);
            ``(2) a description of progress made in achieving improved 
        intellectual property protection and market access for persons 
        relying on intellectual property rights; and
            ``(3) a description of the action plans developed under 
        subsection (g) and any actions taken by foreign countries under 
        such plans.''.
            (2) <<NOTE: 19 USC 2242 note.>>  Funding.--
                    (A) In general.--Amounts from the Trade Enforcement 
                Trust Fund established under section 611 may be expended 
                by the United States Trade Representative, only as 
                provided by appropriations Acts, to provide assistance 
                to any developing country to which an action plan 
                applies under section 182(g) of the Trade Act of 1974, 
                as amended by paragraph (1), to facilitate the efforts 
                of the developing country to comply with the benchmarks 
                contained in the action plan. Such assistance may 
                include capacity building, activities designed to 
                increase awareness of intellectual property rights, and 
                training for officials responsible for enforcing 
                intellectual property rights in the developing country.
                    (B) Developing country defined.--In this paragraph, 
                the term ``developing country'' means a country 
                classified by the World Bank as having a low-income or 
                lower-middle-income economy.
            (3) <<NOTE: 19 USC 2242 note.>>  Rule of construction.--
        Nothing in this subsection or the amendment made by this 
        subsection shall be construed as limiting the authority of the 
        President or the United States Trade Representative to develop 
        action plans other than action plans described in section 182(g) 
        of the Trade Act of 1974, as amended by paragraph (1), or to 
        take any action otherwise authorized by law in response to the 
        failure of a foreign country to provide adequate and effective 
        protection and enforcement of intellectual property rights.
SEC. 611. <<NOTE: 19 USC 4405.>>  TRADE ENFORCEMENT TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the Trade Enforcement Trust 
Fund (in this section referred to as the ``Trust Fund''), consisting of 
amounts transferred to the Trust Fund under subsection (b) and any 
amounts that may be credited to the Trust Fund under subsection (c).
    (b) Transfer of Amounts.--
            (1) In general.--The Secretary of the Treasury shall 
        transfer to the Trust Fund, from the general fund of the

[[Page 130 STAT. 193]]

        Treasury, for each fiscal year that begins on or after the date 
        of the enactment of this Act through fiscal year 2026, an amount 
        equal to $15,000,000 (or a lesser amount as required pursuant to 
        paragraph (2)).
            (2) Limitation.--The total amount in the Trust Fund at any 
        time may not exceed $30,000,000.
            (3) Frequency of transfers.--The Secretary shall transfer 
        amounts required to be transferred to the Trust Fund under 
        paragraph (1) not less frequently than quarterly from the 
        general fund of the Treasury to the Trust Fund in a manner that 
        ensures that the total amount in the Trust Fund at the end of 
        the quarter does not exceed the limitation established under 
        paragraph (2).

    (c) Investment of Amounts.--
            (1) Investment of amounts.--The Secretary shall invest such 
        portion of the Trust Fund as is not required to meet current 
        withdrawals in interest-bearing obligations of the United States 
        or in obligations guaranteed as to both principal and interest 
        by the United States.
            (2) Interest and proceeds.--The interest on, and the 
        proceeds from the sale or redemption of, any obligations held in 
        the Trust Fund shall be credited to and form a part of the Trust 
        Fund.

    (d) Availability of Amounts From Trust Fund.--
            (1) In general.--The United States Trade Representative 
        shall, on the basis of the advice of the Trade Policy Committee 
        and relevant subordinate bodies of the TPC, use or transfer for 
        the use by Federal agencies represented on the TPC amounts in 
        the Trust Fund, only as provided by appropriations Acts, for 
        making expenditures for any of the following:
                    (A) To seek to enforce the provisions of and 
                commitments and obligations under the WTO Agreements and 
                free trade agreements to which the United States is a 
                party and resolve any actions by foreign countries that 
                are inconsistent with those provisions, commitments, and 
                obligations.
                    (B) To monitor and ensure the full implementation by 
                foreign countries of the provisions of and commitments 
                and obligations under free trade agreements to which the 
                United States is a party for purposes of systematically 
                assessing, identifying, investigating, or initiating 
                steps to address inconsistencies with those provisions, 
                commitments, and obligations.
                    (C) To thoroughly investigate and respond to 
                petitions under section 302 of the Trade Act of 1974 (19 
                U.S.C. 2412) requesting that action be taken under 
                section 301 of such Act (19 U.S.C. 2411).
                    (D) To support capacity-building efforts undertaken 
                by the United States pursuant to any free trade 
                agreement to which the United States is a party and to 
                prioritize and give special attention to the timely, 
                consistent, and robust implementation of the commitments 
                and obligations of a party to that free trade agreement, 
                including commitments and obligations related to trade 
                in goods, trade in services, trade in agriculture, 
                foreign investment, intellectual property, digital trade 
                in goods and services and cross-border data flows, 
                regulatory practices, state-owned and

[[Page 130 STAT. 194]]

                state-controlled enterprises, localization barriers to 
                trade, labor and the environment, currency, foreign 
                currency manipulation, anticorruption, trade remedy 
                laws, textiles, and commercial partnerships.
                    (E) To support capacity-building efforts undertaken 
                by the United States pursuant to any such free trade 
                agreement and to include performance indicators against 
                which the progress and obstacles for the implementation 
                of commitments and obligations can be identified and 
                assessed within a meaningful time frame.
            (2) Limitation.--Amounts made available in the Trust Fund 
        may not be used to offset costs of conducting negotiations for 
        any free trade agreement to be entered into on or after the date 
        of the enactment of this Act, but may be used to support 
        implementation and capacity building prior to entry into force 
        of a free trade agreement.

    (e) <<NOTE: Consultation.>>  Report.--Not later than 18 months after 
the entry into force of any free trade agreement entered into after the 
date of the enactment of this Act, the United States Trade 
Representative, in consultation with the Federal agencies represented on 
the TPC, shall submit to Congress a report on the actions taken under 
subsection (d) in connection with that agreement.

    (f) Comptroller General Study.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study that includes the following:
                    (A) <<NOTE: Analysis.>>  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) <<NOTE: Recommenda- tions.>>  Recommendations on 
                the additional employees and resources that each such 
                Federal agency may need to effectively enforce the free 
                trade agreements to which the United States is a party.
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Comptroller General shall submit to 
        Congress a report on the results of the study conducted under 
        paragraph (1).

    (g) Definitions.--In this section:
            (1) Trade policy committee; tpc.--The terms ``Trade Policy 
        Committee'' and ``TPC'' mean the interagency organization 
        established under section 242 of the Trade Expansion Act of 1962 
        (19 U.S.C. 1872).
            (2) WTO.--The term ``WTO'' means the World Trade 
        Organization.
            (3) WTO agreement.--The term ``WTO Agreement'' has the 
        meaning given that term in section 2(9) of the Uruguay Round 
        Agreements Act (19 U.S.C. 3501(9)).
            (4) WTO agreements.--The term ``WTO Agreements'' means the 
        WTO Agreement and agreements annexed to that Agreement.

[[Page 130 STAT. 195]]

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

SEC. 701. <<NOTE: 19 USC 4421.>>  ENHANCEMENT OF ENGAGEMENT ON 
                        CURRENCY EXCHANGE RATE AND ECONOMIC 
                        POLICIES WITH CERTAIN MAJOR TRADING 
                        PARTNERS OF THE UNITED STATES.

    (a) Major Trading Partner Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and not less frequently than once 
        every 180 days thereafter, the Secretary shall submit to the 
        appropriate committees of Congress a report on the macroeconomic 
        and currency exchange rate policies of each country that is a 
        major trading partner of the United States.
            (2) Elements.--
                    (A) In general.--Each report submitted under 
                paragraph (1) shall contain--
                          (i) for each country that is a major trading 
                      partner of the United States--
                                    (I) that country's bilateral trade 
                                balance with the United States;
                                    (II) that country's current account 
                                balance as a percentage of its gross 
                                domestic product;
                                    (III) the change in that country's 
                                current account balance as a percentage 
                                of its gross domestic product during the 
                                3-year period preceding the submission 
                                of the report;
                                    (IV) that country's foreign exchange 
                                reserves as a percentage of its short-
                                term debt; and
                                    (V) that country's foreign exchange 
                                reserves as a percentage of its gross 
                                domestic product; and
                          (ii) an enhanced analysis of macroeconomic and 
                      exchange rate policies for each country that is a 
                      major trading partner of the United States that 
                      has--
                                    (I) a significant bilateral trade 
                                surplus with the United States;
                                    (II) a material current account 
                                surplus; and
                                    (III) engaged in persistent one-
                                sided intervention in the foreign 
                                exchange market.
                    (B) Enhanced analysis.--Each enhanced analysis under 
                subparagraph (A)(ii) shall include, for each country 
                with respect to which an analysis is made under that 
                subparagraph--
                          (i) a description of developments in the 
                      currency markets of that country, including, to 
                      the greatest extent feasible, developments with 
                      respect to currency interventions;
                          (ii) a description of trends in the real 
                      effective exchange rate of the currency of that 
                      country and in the degree of undervaluation of 
                      that currency;
                          (iii) an analysis of changes in the capital 
                      controls and trade restrictions of that country; 
                      and
                          (iv) patterns in the reserve accumulation of 
                      that country.

[[Page 130 STAT. 196]]

            (3) Assessment factors.--Not later than 90 days after the 
        date of the enactment of this Act, the Secretary shall publicly 
        describe the factors used to assess under paragraph (2)(A)(ii) 
        whether a country has a significant bilateral trade surplus with 
        the United States, has a material current account surplus, and 
        has engaged in persistent one-sided intervention in the foreign 
        exchange market.

    (b) Engagement on Exchange Rate and Economic Policies.--
            (1) <<NOTE: President.>>  In general.--The President, 
        through the Secretary, shall commence enhanced bilateral 
        engagement with each country for which an enhanced analysis of 
        macroeconomic and currency exchange rate policies is included in 
        the report submitted under subsection (a), in order to, as 
        appropriate--
                    (A) urge implementation of policies to address the 
                causes of the undervaluation of its currency, its 
                significant bilateral trade surplus with the United 
                States, and its material current account surplus, 
                including undervaluation and surpluses relating to 
                exchange rate management;
                    (B) express the concern of the United States with 
                respect to the adverse trade and economic effects of 
                that undervaluation and those surpluses;
                    (C) advise that country of the ability of the 
                President to take action under subsection (c); and/or
                    (D) <<NOTE: Plan.>>  develop a plan with specific 
                actions to address that undervaluation and those 
                surpluses.
            (2) Waiver.--
                    (A) <<NOTE: Determination.>>  In general.--The 
                Secretary may waive the requirement under paragraph (1) 
                to commence enhanced bilateral engagement with a country 
                if the Secretary determines that commencing enhanced 
                bilateral engagement with the country--
                          (i) would have an adverse impact on the United 
                      States economy greater than the benefits of such 
                      action; or
                          (ii) would cause serious harm to the national 
                      security of the United States.
                    (B) Certification and report.--The Secretary shall 
                promptly certify to Congress a determination under 
                subparagraph (A) and promptly submit to Congress a 
                report that describes in detail the reasons for the 
                Secretary's determination under subparagraph (A).

    (c) Remedial Action.--
            (1) <<NOTE: President. Determination.>>  In general.--If, on 
        or after the date that is one year after the commencement of 
        enhanced bilateral engagement by the President, through the 
        Secretary, with respect to a country under subsection (b)(1), 
        the Secretary determines that the country has failed to adopt 
        appropriate policies to correct the undervaluation and surpluses 
        described in subsection (b)(1)(A) with respect to that country, 
        the President shall take one or more of the following actions:
                    (A) Prohibit the Overseas Private Investment 
                Corporation from approving any new financing (including 
                any insurance, reinsurance, or guarantee) with respect 
                to a project located in that country on and after such 
                date.
                    (B) Except as provided in paragraph (3), and 
                pursuant to paragraph (4), prohibit the Federal 
                Government from

[[Page 130 STAT. 197]]

                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) <<NOTE: President. Determination.>>  Waiver.--
                    (A) In general.--The President may waive the 
                requirement under paragraph (1) to take remedial action 
                if the President determines that taking remedial action 
                under paragraph (1) would--
                          (i) have an adverse impact on the United 
                      States economy greater than the benefits of taking 
                      remedial action; or
                          (ii) would cause serious harm to the national 
                      security of the United States.
                    (B) Certification and report.--The President shall 
                promptly certify to Congress a determination under 
                subparagraph (A) and promptly submit to Congress a 
                report that describes in detail the reasons for the 
                President's determination under subparagraph (A).
            (3) Exception.--The President may not apply a prohibition 
        under paragraph (1)(B) in a manner that is inconsistent with 
        United States obligations under international agreements.
            (4) <<NOTE: President.>>  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,

[[Page 130 STAT. 198]]

        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. <<NOTE: 19 USC 4422.>>  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) <<NOTE: President.>>  Three members shall be 
                appointed by the President.
            (2) Qualifications.--Members shall be selected under 
        paragraph (1) on the basis of their objectivity and demonstrated 
        expertise in finance, economics, or currency exchange.
            (3) Terms.--
                    (A) In general.--Members shall be appointed for a 
                term of 2 years or until the Committee terminates.
                    (B) Reappointment.--A member may be reappointed to 
                the Committee for additional terms.
            (4) Vacancies.--Any vacancy in the Committee shall not 
        affect its powers, but shall be filled in the same manner as the 
        original appointment.

    (c) Duration of Committee.--
            (1) In general.--The Committee shall terminate on the date 
        that is 2 years after the date of the enactment of this Act 
        unless renewed by the President for a subsequent 2-year period.
            (2) Continued renewal.--The President may continue to renew 
        the Committee for successive 2-year periods by taking 
        appropriate action to renew the Committee prior to the date on 
        which the Committee would otherwise terminate.

    (d) Meetings.--The Committee shall hold not fewer than 2 meetings 
each calendar year.
    (e) Chairperson.--

[[Page 130 STAT. 199]]

            (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 <<NOTE: U.S. Customs and Border Protection Authorization Act.>>  
VIII--MATTERS RELATING TO U.S. CUSTOMS AND BORDER PROTECTION

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

SEC. 801. <<NOTE: 19 USC 4301 note.>>  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.

[[Page 130 STAT. 200]]

    ``(b) Commissioner of U.S. Customs and Border Protection.--
            ``(1) In general.--There shall be at the head of U.S. 
        Customs and Border Protection a Commissioner of U.S. Customs and 
        Border Protection (in this section referred to as the 
        `Commissioner').
            ``(2) Committee referral.--As an exercise of the rulemaking 
        power of the Senate, any nomination for the Commissioner 
        submitted to the Senate for confirmation, and referred to a 
        committee, shall be referred to the Committee on Finance.

    ``(c) Duties.--The Commissioner shall--
            ``(1) coordinate and integrate the security, trade 
        facilitation, and trade enforcement functions of U.S. Customs 
        and Border Protection;
            ``(2) ensure the interdiction of persons and goods illegally 
        entering or exiting the United States;
            ``(3) facilitate and expedite the flow of legitimate 
        travelers and trade;
            ``(4) direct and administer the commercial operations of 
        U.S. Customs and Border Protection, and the enforcement of the 
        customs and trade laws of the United States;
            ``(5) detect, respond to, and interdict terrorists, drug 
        smugglers and traffickers, human smugglers and traffickers, and 
        other persons who may undermine the security of the United 
        States, in cases in which such persons are entering, or have 
        recently entered, the United States;
            ``(6) safeguard the borders of the United States to protect 
        against the entry of dangerous goods;
            ``(7) ensure the overall economic security of the United 
        States is not diminished by efforts, activities, and programs 
        aimed at securing the homeland;
            ``(8) in coordination with U.S. Immigration and Customs 
        Enforcement and United States Citizenship and Immigration 
        Services, enforce and administer all immigration laws, as such 
        term is defined in paragraph (17) of section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)), including--
                    ``(A) the inspection, processing, and admission of 
                persons who seek to enter or depart the United States; 
                and
                    ``(B) the detection, interdiction, removal, 
                departure from the United States, short-term detention, 
                and transfer of persons unlawfully entering, or who have 
                recently unlawfully entered, the United States;
            ``(9) develop and implement screening and targeting 
        capabilities, including the screening, reviewing, identifying, 
        and prioritizing of passengers and cargo across all 
        international modes of transportation, both inbound and 
        outbound;
            ``(10) in coordination with the Secretary, deploy technology 
        to collect the data necessary for the Secretary to administer 
        the biometric entry and exit data system pursuant to section 
        7208 of the Intelligence Reform and Terrorism Prevention Act of 
        2004 (8 U.S.C. 1365b);
            ``(11) enforce and administer the laws relating to 
        agricultural import and entry inspection referred to in section 
        421;
            ``(12) in coordination with the Under Secretary for 
        Management of the Department, ensure U.S. Customs and Border 
        Protection complies with Federal law, the Federal Acquisition 
        Regulation, and the Department's acquisition management

[[Page 130 STAT. 201]]

        directives for major acquisition programs of U.S. Customs and 
        Border Protection;
            ``(13) ensure that the policies and regulations of U.S. 
        Customs and Border Protection are consistent with the 
        obligations of the United States pursuant to international 
        agreements;
            ``(14) enforce and administer--
                    ``(A) the Container Security Initiative program 
                under section 205 of the Security and Accountability for 
                Every Port Act of 2006 (6 U.S.C. 945); and
                    ``(B) the Customs-Trade Partnership Against 
                Terrorism program under subtitle B of title II of such 
                Act (6 U.S.C. 961 et seq.);
            ``(15) conduct polygraph examinations in accordance with 
        section 3(1) of the Anti-Border Corruption Act of 2010 (Public 
        Law 111-376; 124 Stat. 4105);
            ``(16) establish the standard operating procedures described 
        in subsection (k);
            ``(17) carry out the training required under subsection (l); 
        and
            ``(18) carry out other duties and powers prescribed by law 
        or delegated by the Secretary.

    ``(d) Deputy Commissioner.--There shall be in U.S. Customs and 
Border Protection a Deputy Commissioner who shall assist the 
Commissioner in the management of U.S. Customs and Border Protection.
    ``(e) U.S. Border Patrol.--
            ``(1) In general.--There is established in U.S. Customs and 
        Border Protection the U.S. Border Patrol.
            ``(2) Chief.--There shall be at the head of the U.S. Border 
        Patrol a Chief, who shall--
                    ``(A) be at the level of Executive Assistant 
                Commissioner within U.S. Customs and Border Protection; 
                and
                    ``(B) report to the Commissioner.
            ``(3) Duties.--The U.S. Border Patrol shall--
                    ``(A) serve as the law enforcement office of U.S. 
                Customs and Border Protection with primary 
                responsibility for interdicting persons attempting to 
                illegally enter or exit the United States or goods being 
                illegally imported into or exported from the United 
                States at a place other than a designated port of entry;
                    ``(B) deter and prevent the illegal entry of 
                terrorists, terrorist weapons, persons, and contraband; 
                and
                    ``(C) carry out other duties and powers prescribed 
                by the Commissioner.

    ``(f) Air and Marine Operations.--
            ``(1) In general.--There is established in U.S. Customs and 
        Border Protection an office known as Air and Marine Operations.
            ``(2) Executive assistant commissioner.--There shall be at 
        the head of Air and Marine Operations an Executive Assistant 
        Commissioner, who shall report to the Commissioner.
            ``(3) Duties.--Air and Marine Operations shall--
                    ``(A) serve as the law enforcement office within 
                U.S. Customs and Border Protection with primary 
                responsibility to detect, interdict, and prevent acts of 
                terrorism and the unlawful movement of people, illicit 
                drugs, and other

[[Page 130 STAT. 202]]

                contraband across the borders of the United States in 
                the air and maritime environment;
                    ``(B) conduct joint aviation and marine operations 
                with U.S. Immigration and Customs Enforcement;
                    ``(C) conduct aviation and marine operations with 
                international, Federal, State, and local law enforcement 
                agencies, as appropriate;
                    ``(D) administer the Air and Marine Operations 
                Center established under paragraph (4); and
                    ``(E) carry out other duties and powers prescribed 
                by the Commissioner.
            ``(4) Air and marine operations center.--
                    ``(A) In general.--There is established in Air and 
                Marine Operations an Air and Marine Operations Center.
                    ``(B) Executive director.--There shall be at the 
                head of the Air and Marine Operations Center an 
                Executive Director, who shall report to the Executive 
                Assistant Commissioner of Air and Marine Operations.
                    ``(C) Duties.--The Air and Marine Operations Center 
                shall--
                          ``(i) manage the air and maritime domain 
                      awareness of the Department, as directed by the 
                      Secretary;
                          ``(ii) monitor and coordinate the airspace for 
                      unmanned aerial systems operations of Air and 
                      Marine Operations in U.S. Customs and Border 
                      Protection;
                          ``(iii) detect, identify, and coordinate a 
                      response to threats to national security in the 
                      air domain, in coordination with other appropriate 
                      agencies, as determined by the Executive Assistant 
                      Commissioner;
                          ``(iv) provide aviation and marine support to 
                      other Federal, State, tribal, and local agencies; 
                      and
                          ``(v) carry out other duties and powers 
                      prescribed by the Executive Assistant 
                      Commissioner.

    ``(g) Office of Field Operations.--
            ``(1) In general.--There is established in U.S. Customs and 
        Border Protection an Office of Field Operations.
            ``(2) Executive assistant commissioner.--There shall be at 
        the head of the Office of Field Operations an Executive 
        Assistant Commissioner, who shall report to the Commissioner.
            ``(3) Duties.--The Office of Field Operations shall 
        coordinate the enforcement activities of U.S. Customs and Border 
        Protection at United States air, land, and sea ports of entry 
        to--
                    ``(A) deter and prevent terrorists and terrorist 
                weapons from entering the United States at such ports of 
                entry;
                    ``(B) conduct inspections at such ports of entry to 
                safeguard the United States from terrorism and illegal 
                entry of persons;
                    ``(C) prevent illicit drugs, agricultural pests, and 
                contraband from entering the United States;
                    ``(D) in coordination with the Commissioner, 
                facilitate and expedite the flow of legitimate travelers 
                and trade;
                    ``(E) administer the National Targeting Center 
                established under paragraph (4);
                    ``(F) coordinate with the Executive Assistant 
                Commissioner for the Office of Trade with respect to the 
                trade

[[Page 130 STAT. 203]]

                facilitation and trade enforcement activities of U.S. 
                Customs and Border Protection; and
                    ``(G) carry out other duties and powers prescribed 
                by the Commissioner.
            ``(4) National targeting center.--
                    ``(A) In general.--There is established in the 
                Office of Field Operations a National Targeting Center.
                    ``(B) Executive director.--There shall be at the 
                head of the National Targeting Center an Executive 
                Director, who shall report to the Executive Assistant 
                Commissioner of the Office of Field Operations.
                    ``(C) Duties.--The National Targeting Center shall--
                          ``(i) serve as the primary forum for targeting 
                      operations within U.S. Customs and Border 
                      Protection to collect and analyze traveler and 
                      cargo information in advance of arrival in the 
                      United States to identify and address security 
                      risks and strengthen trade enforcement;
                          ``(ii) identify, review, and target travelers 
                      and cargo for examination;
                          ``(iii) coordinate the examination of entry 
                      and exit of travelers and cargo;
                          ``(iv) develop and conduct commercial risk 
                      assessment targeting with respect to cargo 
                      destined for the United States;
                          ``(v) coordinate with the Transportation 
                      Security Administration, as appropriate;
                          ``(vi) issue Trade Alerts pursuant to section 
                      111(b) of the Trade Facilitation and Trade 
                      Enforcement Act of 2015; and
                          ``(vii) carry out other duties and powers 
                      prescribed by the Executive Assistant 
                      Commissioner.
            ``(5) Annual report on staffing.--
                    ``(A) In general.--Not later than 30 days after the 
                date of the enactment of the Trade Facilitation and 
                Trade Enforcement Act of 2015, and annually thereafter, 
                the Executive Assistant Commissioner shall submit to the 
                Committee on Homeland Security and the Committee on Ways 
                and Means of the House of Representatives and the 
                Committee on Homeland Security and Governmental Affairs 
                and the Committee on Finance of the Senate a report on 
                the staffing model for the Office of Field Operations, 
                including information on how many supervisors, front-
                line U.S. Customs and Border Protection officers, and 
                support personnel are assigned to each Field Office and 
                port of entry.
                    ``(B) Form.--The report required under subparagraph 
                (A) shall, to the greatest extent practicable, be 
                submitted in unclassified form, but may be submitted in 
                classified form, if the Executive Assistant Commissioner 
                determines that such is appropriate and informs the 
                Committee on Homeland Security and the Committee on Ways 
                and Means of the House of Representatives and the 
                Committee on Homeland Security and Governmental Affairs 
                and the Committee on Finance of the Senate of the 
                reasoning for such.

    ``(h) Office of Intelligence.--

[[Page 130 STAT. 204]]

            ``(1) In general.--There is established in U.S. Customs and 
        Border Protection an Office of Intelligence.
            ``(2) Assistant commissioner.--There shall be at the head of 
        the Office of Intelligence an Assistant Commissioner, who shall 
        report to the Commissioner.
            ``(3) Duties.--The Office of Intelligence shall--
                    ``(A) develop, provide, coordinate, and implement 
                intelligence capabilities into a cohesive intelligence 
                enterprise to support the execution of the duties and 
                responsibilities of U.S. Customs and Border Protection;
                    ``(B) manage the counterintelligence operations of 
                U.S. Customs and Border Protection;
                    ``(C) establish, in coordination with the Chief 
                Intelligence Officer of the Department, as appropriate, 
                intelligence-sharing relationships with Federal, State, 
                local, and tribal agencies and intelligence agencies;
                    ``(D) conduct risk-based covert testing of U.S. 
                Customs and Border Protection operations, including for 
                nuclear and radiological risks; and
                    ``(E) carry out other duties and powers prescribed 
                by the Commissioner.

    ``(i) Office of International Affairs.--
            ``(1) In general.--There is established in U.S. Customs and 
        Border Protection an Office of International Affairs.
            ``(2) Assistant commissioner.--There shall be at the head of 
        the Office of International Affairs an Assistant Commissioner, 
        who shall report to the Commissioner.
            ``(3) Duties.--The Office of International Affairs, in 
        collaboration with the Office of Policy of the Department, 
        shall--
                    ``(A) coordinate and support U.S. Customs and Border 
                Protection's foreign initiatives, policies, programs, 
                and activities;
                    ``(B) coordinate and support U.S. Customs and Border 
                Protection's personnel stationed abroad;
                    ``(C) maintain partnerships and information-sharing 
                agreements and arrangements with foreign governments, 
                international organizations, and United States agencies 
                in support of U.S. Customs and Border Protection's 
                duties and responsibilities;
                    ``(D) provide necessary capacity building, training, 
                and assistance to foreign customs and border control 
                agencies to strengthen border, global supply chain, and 
                travel security, as appropriate;
                    ``(E) coordinate mission support services to sustain 
                U.S. Customs and Border Protection's global activities;
                    ``(F) coordinate with customs authorities of foreign 
                countries with respect to trade facilitation and trade 
                enforcement;
                    ``(G) coordinate U.S. Customs and Border 
                Protection's engagement in international negotiations;
                    ``(H) advise the Commissioner with respect to 
                matters arising in the World Customs Organization and 
                other international organizations as such matters relate 
                to the policies and procedures of U.S. Customs and 
                Border Protection;
                    ``(I) advise the Commissioner regarding 
                international agreements to which the United States is a 
                party as such

[[Page 130 STAT. 205]]

                agreements relate to the policies and regulations of 
                U.S. Customs and Border Protection; and
                    ``(J) carry out other duties and powers prescribed 
                by the Commissioner.

    ``(j) Office of Professional Responsibility.--
            ``(1) In general.--There is established in U.S. Customs and 
        Border Protection an Office of Professional Responsibility.
            ``(2) Assistant commissioner.--There shall be at the head of 
        the Office of Professional Responsibility an Assistant 
        Commissioner, who shall report to the Commissioner.
            ``(3) Duties.--The Office of Professional Responsibility 
        shall--
                    ``(A) investigate criminal and administrative 
                matters and misconduct by officers, agents, and other 
                employees of U.S. Customs and Border Protection;
                    ``(B) manage integrity-related programs and policies 
                of U.S. Customs and Border Protection;
                    ``(C) conduct research and analysis regarding 
                misconduct of officers, agents, and other employees of 
                U.S. Customs and Border Protection; and
                    ``(D) carry out other duties and powers prescribed 
                by the Commissioner.

    ``(k) Standard Operating Procedures.--
            ``(1) In general.--The Commissioner shall establish--
                    ``(A) standard operating procedures for searching, 
                reviewing, retaining, and sharing information contained 
                in communication, electronic, or digital devices 
                encountered by U.S. Customs and Border Protection 
                personnel at United States ports of entry;
                    ``(B) standard use of force procedures that officers 
                and agents of U.S. Customs and Border Protection may 
                employ in the execution of their duties, including the 
                use of deadly force;
                    ``(C) <<NOTE: Notification.>>  uniform, 
                standardized, and publicly-available procedures for 
                processing and investigating complaints against 
                officers, agents, and employees of U.S. Customs and 
                Border Protection for violations of professional 
                conduct, including the timely disposition of complaints 
                and a written notification to the complainant of the 
                status or outcome, as appropriate, of the related 
                investigation, in accordance with section 552a of title 
                5, United States Code (commonly referred to as the 
                `Privacy Act' or the `Privacy Act of 1974');
                    ``(D) <<NOTE: Reports. Evaluation.>>  an internal, 
                uniform reporting mechanism regarding incidents 
                involving the use of deadly force by an officer or agent 
                of U.S. Customs and Border Protection, including an 
                evaluation of the degree to which the procedures 
                required under subparagraph (B) were followed; and
                    ``(E) standard operating procedures, acting through 
                the Executive Assistant Commissioner for Air and Marine 
                Operations and in coordination with the Office for Civil 
                Rights and Civil Liberties and the Office of Privacy of 
                the Department, to provide command, control, 
                communication, surveillance, and reconnaissance 
                assistance through the use of unmanned aerial systems, 
                including the establishment of--
                          ``(i) a process for other Federal, State, and 
                      local law enforcement agencies to submit mission 
                      requests;

[[Page 130 STAT. 206]]

                          ``(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) <<NOTE: Determination.>>  Exceptions.--The 
        Commissioner may withhold the notifications required under 
        paragraphs (1)(C) and (2) if the Commissioner determines, in the 
        sole and unreviewable discretion of the Commissioner, that such 
        notifications would impair national security, law enforcement, 
        or other operational interests.
            ``(4) <<NOTE: Deadline.>>  Update and review.--The 
        Commissioner shall review and update every three years the 
        standard operating procedures required under this subsection.
            ``(5) <<NOTE: Deadline. Time period. Effective date.>>  
        Audits.--The Inspector General of the Department of Homeland 
        Security shall develop and annually administer, during each of 
        the three calendar years beginning in the calendar year that 
        begins after the date of the enactment of the Trade Facilitation 
        and Trade Enforcement Act of 2015, an auditing mechanism to 
        review whether searches of electronic devices at or between 
        United States ports of entry are being conducted in conformity 
        with the standard operating procedures required under 
        subparagraph (A) of paragraph (1). Such audits shall be 
        submitted to the Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate and shall include the 
        following:
                    ``(A) A description of the activities of officers 
                and agents of U.S. Customs and Border Protection with 
                respect to such searches.
                    ``(B) The number of such searches.
                    ``(C) The number of instances in which information 
                contained in such devices that were subjected to such 
                searches was retained, copied, shared, or entered in an 
                electronic database.
                    ``(D) The number of such devices detained as the 
                result of such searches.
                    ``(E) The number of instances in which information 
                collected from such devices was subjected to such 
                searches

[[Page 130 STAT. 207]]

                and was transmitted to another Federal agency, including 
                whether such transmissions resulted in a prosecution or 
                conviction.
            ``(6) Requirements regarding other notifications.--The 
        standard use of force procedures established pursuant to 
        subparagraph (B) of paragraph (1) shall require--
                    ``(A) in the case of an incident of the use of 
                deadly force by U.S. Customs and Border Protection 
                personnel, the Commissioner to notify the Committee on 
                Homeland Security of the House of Representatives and 
                the Committee on Homeland Security and Governmental 
                Affairs of the Senate; and
                    ``(B) <<NOTE: Records. Deadline.>>  the Commissioner 
                to provide to such committees a copy of the evaluation 
                pursuant to subparagraph (D) of such paragraph not later 
                than 30 days after completion of such evaluation.
            ``(7) Report on unmanned aerial systems.--The Commissioner 
        shall submit to the Committee on Homeland Security of the House 
        of Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate an annual report, for each of 
        the three calendar years beginning in the calendar year that 
        begins after the date of the enactment of the Trade Facilitation 
        and Trade Enforcement Act of 2015, that reviews whether the use 
        of unmanned aerial systems is being conducted in conformity with 
        the standard operating procedures required under subparagraph 
        (E) of paragraph (1). Such reports--
                    ``(A) shall be submitted with the annual budget of 
                the United States Government submitted by the President 
                under section 1105 of title 31, United States Code;
                    ``(B) may be submitted in classified form if the 
                Commissioner determines that such is appropriate; and
                    ``(C) shall include--
                          ``(i) a detailed description of how, where, 
                      and for how long data and images collected through 
                      the use of unmanned aerial systems by U.S. Customs 
                      and Border Protection are collected and stored; 
                      and
                          ``(ii) <<NOTE: List.>>  a list of Federal, 
                      State, and local law enforcement agencies that 
                      submitted mission requests in the previous year 
                      and the disposition of such requests.

    ``(l) Training.--The Commissioner shall require all officers and 
agents of U.S. Customs and Border Protection to participate in a 
specified amount of continuing education (to be determined by the 
Commissioner) to maintain an understanding of Federal legal rulings, 
court decisions, and departmental policies, procedures, and guidelines.
    ``(m) Short-term Detention Standards.--
            ``(1) Access to food and water.--The Commissioner shall make 
        every effort to ensure that adequate access to food and water is 
        provided to an individual apprehended and detained at a United 
        States port of entry or between ports of entry as soon as 
        practicable following the time of such apprehension or during 
        subsequent short-term detention.
            ``(2) Access to information on detainee rights at border 
        patrol processing centers.--
                    ``(A) In general.--The Commissioner shall ensure 
                that an individual apprehended by a U.S. Border Patrol 
                agent

[[Page 130 STAT. 208]]

                or an Office of Field Operations officer is provided 
                with information concerning such individual's rights, 
                including the right to contact a representative of such 
                individual's government for purposes of United States 
                treaty obligations.
                    ``(B) Form.--The information referred to in 
                subparagraph (A) may be provided either verbally or in 
                writing, and shall be posted in the detention holding 
                cell in which such individual is being held. The 
                information shall be provided in a language 
                understandable to such individual.
            ``(3) Short-term detention defined.--In this subsection, the 
        term `short-term detention' means detention in a U.S. Customs 
        and Border Protection processing center for 72 hours or less, 
        before repatriation to a country of nationality or last habitual 
        residence.
            ``(4) Daytime repatriation.--When practicable, repatriations 
        shall be limited to daylight hours and avoid locations that are 
        determined to have high indices of crime and violence.
            ``(5) Report on procurement process and standards.--Not 
        later than 180 days after the date of the enactment of the Trade 
        Facilitation and Trade Enforcement Act of 2015, the Comptroller 
        General of the United States shall submit to the Committee on 
        Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate a report on the procurement process and standards of 
        entities with which U.S. Customs and Border Protection has 
        contracts for the transportation and detention of individuals 
        apprehended by agents or officers of U.S. Customs and Border 
        Protection. Such report should also consider the operational 
        efficiency of contracting the transportation and detention of 
        such individuals.
            ``(6) Report on inspections of short-term custody 
        facilities.--The Commissioner shall--
                    ``(A) annually inspect all facilities utilized for 
                short-term detention; and
                    ``(B) <<NOTE: Public information. Recommenda- 
                tions.>>  make publicly available information collected 
                pursuant to such inspections, including information 
                regarding the requirements under paragraphs (1) and (2) 
                and, where appropriate, issue recommendations to improve 
                the conditions of such facilities.

    ``(n) Wait Times Transparency.--
            ``(1) In general.--The Commissioner shall--
                    ``(A) <<NOTE: Publication.>>  publish live wait 
                times for travelers entering the United States at the 20 
                United States airports that support the highest volume 
                of international travel (as determined by available 
                Federal flight data);
                    ``(B) <<NOTE: Public information. Web posting.>>  
                make information about such wait times available to the 
                public in real time through the U.S. Customs and Border 
                Protection website;
                    ``(C) <<NOTE: Time period. Effective 
                date. Reports.>>  submit to the Committee on Homeland 
                Security and the Committee on Ways and Means of the 
                House of Representatives and the Committee on Homeland 
                Security and Governmental Affairs and the Committee on 
                Finance of the Senate, for each of the five calendar 
                years beginning in the calendar year that begins after 
                the date of the enactment of the Trade Facilitation and 
                Trade

[[Page 130 STAT. 209]]

                Enforcement Act of 2015, a report that includes 
                compilations of all such wait times and a ranking of 
                such United States airports by wait times; and
                    ``(D) provide adequate staffing at the U.S. Customs 
                and Border Protection information center to ensure 
                timely access for travelers attempting to submit 
                comments or speak with a representative about their 
                entry experiences.
            ``(2) Calculation.--The wait times referred to in paragraph 
        (1)(A) shall be determined by calculating the time elapsed 
        between an individual's entry into the U.S. Customs and Border 
        Protection inspection area and such individual's clearance by a 
        U.S. Customs and Border Protection officer.

    ``(o) Other Authorities.--
            ``(1) In general.--The Secretary may establish such other 
        offices or positions of Assistant Commissioners (or other 
        similar officers or officials) as the Secretary determines 
        necessary to carry out the missions, duties, functions, and 
        authorities of U.S. Customs and Border Protection.
            ``(2) <<NOTE: Deadline.>>  Notification.--If the Secretary 
        exercises the authority provided under paragraph (1), the 
        Secretary shall notify the Committee on Homeland Security and 
        the Committee on Ways and Means of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        and the Committee on Finance of the Senate not later than 30 
        days before exercising such authority.

    ``(p) Reports to Congress.--The Commissioner shall, on and after the 
date of the enactment of the Trade Facilitation and Trade Enforcement 
Act of 2015, continue to submit to the Committee on Homeland Security 
and the Committee on Ways and Means of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs and the 
Committee on Finance of the Senate any report required, on the day 
before such date of enactment, to be submitted under any provision of 
law.
    ``(q) Other Federal Agencies.--Nothing in this section may be 
construed as affecting in any manner the authority, existing on the day 
before the date of the enactment of the Trade Facilitation and Trade 
Enforcement Act of 2015, of any other Federal agency or component of the 
Department.
    ``(r) Definitions.--In this section, the terms `commercial 
operations', `customs and trade laws of the United States', `trade 
enforcement', and `trade facilitation' have the meanings given such 
terms in section 2 of the Trade Facilitation and Trade Enforcement Act 
of 2015.''.
    (b) <<NOTE: 6 USC 211 note.>>  Special Rules.--
            (1) Treatment.--Section 411 of the Homeland Security Act of 
        2002, as amended by subsection (a) of this section, shall be 
        treated as if included in such Act as of the date of the 
        enactment of such Act, and, in addition to the functions, 
        missions, duties, and authorities specified in such amended 
        section 411, U.S. Customs and Border Protection shall continue 
        to perform and carry out the functions, missions, duties, and 
        authorities under section 411 of such Act as in existence on the 
        day before the date of the enactment of this Act, and section 
        415 of the Homeland Security Act of 2002.
            (2) Rules of construction.--
                    (A) Rules and regulations.--Notwithstanding 
                paragraph (1), nothing in this title or any amendment 
                made

[[Page 130 STAT. 210]]

                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) <<NOTE: 6 USC 211 note.>>  Continuation in Office.--
            (1) Commissioner.--The individual serving as the 
        Commissioner of Customs on the day before the date of the 
        enactment of this Act may serve as the Commissioner of U.S. 
        Customs and Border Protection on and after such date of 
        enactment until a Commissioner of U.S. Customs and Border 
        Protection is appointed under section 411 of the Homeland 
        Security Act of 2002, as amended by subsection (a) of this 
        section.
            (2) Other positions.--The individual serving as Deputy 
        Commissioner, and the individuals serving as Assistant 
        Commissioners and other officers and officials, under section 
        411 of the Homeland Security Act of 2002 on the day before the 
        date of the enactment of this Act may serve as the Executive 
        Assistant Commissioners, Deputy Commissioner, Assistant 
        Commissioners, and other officers and officials, as appropriate, 
        under such section 411 as amended by subsection (a) of this 
        section unless the Commissioner of U.S. Customs and Border 
        Protection determines that another individual should hold such 
        position or positions.

    (d) Reference.--
            (1) Title 5.--Section 5314 of title 5, United States Code, 
        is amended by striking ``Commissioner of Customs, Department of 
        Homeland Security'' and inserting ``Commissioner of U.S. Customs 
        and Border Protection, Department of Homeland Security''.
            (2) <<NOTE: 6 USC 211 note.>>  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.--

[[Page 130 STAT. 211]]

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

[[Page 130 STAT. 212]]

                                        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. <<NOTE: 6 USC 234.>>  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) <<NOTE: Repeal.>>  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:

[[Page 130 STAT. 213]]

      ``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. <<NOTE: 19 USC 2084.>>  OFFICE OF TRADE.

    ``(a) In General.--There is established in U.S. Customs and Border 
Protection an Office of Trade.
    ``(b) Executive Assistant Commissioner.--There shall be at the head 
of the Office of Trade an Executive Assistant Commissioner, who shall 
report to the Commissioner of U.S. Customs and Border Protection.
    ``(c) Duties.--The Office of Trade shall--
            ``(1) direct the development and implementation, pursuant to 
        the customs and trade laws of the United States, of policies and 
        regulations administered by U.S. Customs and Border Protection;
            ``(2) advise the Commissioner of U.S. Customs and Border 
        Protection with respect to the impact on trade facilitation and 
        trade enforcement of any policy or regulation otherwise proposed 
        or administered by U.S. Customs and Border Protection;
            ``(3) coordinate with the Executive Assistant Commissioner 
        for the Office of Field Operations with respect to the trade 
        facilitation and trade enforcement activities of U.S. Customs 
        and Border Protection;
            ``(4) direct the development and implementation of matters 
        relating to the priority trade issues identified by the 
        Commissioner of U.S. Customs and Border Protection in the joint 
        strategic plan for trade facilitation and trade enforcement 
        required under section 105 of the Trade Facilitation and Trade 
        Enforcement Act of 2015;
            ``(5) otherwise advise the Commissioner of U.S. Customs and 
        Border Protection with respect to the development and 
        implementation of the joint strategic plan;
            ``(6) direct the trade enforcement activities of U.S. 
        Customs and Border Protection;
            ``(7) oversee the trade modernization activities of U.S. 
        Customs and Border Protection, including the development and 
        implementation of the Automated Commercial Environment computer 
        system authorized under section 13031(f)(4) of the Consolidated 
        Omnibus Budget and Reconciliation Act of 1985 (19 U.S.C. 
        58c(f)(4)) and support for the establishment of the

[[Page 130 STAT. 214]]

        International Trade Data System under the oversight of the 
        Department of the Treasury pursuant to section 411(d) of the 
        Tariff Act of 1930 (19 U.S.C. 1411(d));
            ``(8) direct the administration of customs revenue functions 
        as otherwise provided by law or delegated by the Commissioner of 
        U.S. Customs and Border Protection; and
            ``(9) <<NOTE: Reports. Deadlines.>>  prepare an annual 
        report to be submitted to the Committee on Finance of the Senate 
        and the Committee on Ways and Means of the House of 
        Representatives not later than June 1, 2016, and March 1 of each 
        calendar year thereafter that includes--
                    ``(A) a summary of the changes to customs policies 
                and regulations adopted by U.S. Customs and Border 
                Protection during the preceding calendar year; and
                    ``(B) a description of the public vetting and 
                interagency consultation that occurred with respect to 
                each such change.

    ``(d) Transfer of Assets, Functions, Personnel, or Liabilities; 
Elimination of Offices.--
            ``(1) <<NOTE: Deadlines.>>  Office of international trade.--
                    ``(A) Transfer.--Not later than 30 days after the 
                date of the enactment of the Trade Facilitation and 
                Trade Enforcement Act of 2015, the Commissioner of U.S. 
                Customs and Border Protection shall transfer the assets, 
                functions, personnel, and liabilities of the Office of 
                International Trade to the Office of Trade established 
                under subsection (b).
                    ``(B) Elimination.--Not later than 30 days after the 
                date of the enactment of the Trade Facilitation and 
                Trade Enforcement Act of 2015, the Office of 
                International Trade shall be abolished.
                    ``(C) <<NOTE: Notification.>>  Limitation on 
                funds.--No funds appropriated to U.S. Customs and Border 
                Protection or the Department of Homeland Security may be 
                used to transfer the assets, functions, personnel, or 
                liabilities of the Office of International Trade to an 
                office other than the Office of Trade established under 
                subsection (a), unless the Commissioner of U.S. Customs 
                and Border Protection notifies the Committee on Homeland 
                Security and the Committee on Ways and Means of the 
                House of Representatives and the Committee on Homeland 
                Security and Governmental Affairs and the Committee on 
                Finance of the Senate of the specific assets, functions, 
                personnel, or liabilities to be transferred, and the 
                reason for the transfer, not less than 90 days prior to 
                the transfer of such assets, functions, personnel, or 
                liabilities.
                    ``(D) Office of international trade defined.--In 
                this paragraph, the term `Office of International Trade' 
                means the Office of International Trade established by 
                section 2 of this Act and as in effect on the day before 
                the date of the enactment of the Trade Facilitation and 
                Trade Enforcement Act of 2015.
            ``(2) Other transfers.--
                    ``(A) In general.--The Commissioner of U.S. Customs 
                and Border Protection is authorized to transfer any 
                other assets, functions, or personnel within U.S. 
                Customs and

[[Page 130 STAT. 215]]

                Border Protection to the Office of Trade established 
                under subsection (a).
                    ``(B) <<NOTE: Deadline.>>  Congressional 
                notification.--Not less than 90 days prior to the 
                transfer of assets, functions, personnel, or liabilities 
                under subparagraph (A), the Commissioner of U.S. Customs 
                and Border Protection shall notify the Committee on 
                Homeland Security and the Committee on Ways and Means of 
                the House of Representatives and the Committee on 
                Homeland Security and Governmental Affairs and the 
                Committee on Finance of the Senate of the specific 
                assets, functions, personnel, or liabilities to be 
                transferred, and the reason for such transfer.

    ``(e) Definitions.--In this section, the terms `customs and trade 
laws of the United States', `trade enforcement', and `trade 
facilitation' have the meanings given such terms in section 2 of the 
Trade Facilitation and Trade Enforcement Act of 2015.''.
            (2) <<NOTE: 19 USC 2084 note.>>  Continuation in office.--
        The individual serving as the Assistant Commissioner of the 
        Office of International Trade on the day before the date of the 
        enactment of this Act may serve as the Executive Assistant 
        Commissioner of Trade on and after such date of enactment, at 
        the discretion of the Commissioner of U.S. Customs and Border 
        Protection.
            (3) Conforming amendments.--Section 2 of the Act of March 3, 
        1927 (44. Stat. 1381, chapter 348; 19 U.S.C. 2072), as added by 
        section 402 of the Security and Accountability for Every Port 
        Act of 2006 (Public Law 109-347; 120 Stat. 1924), is amended--
                    (A) by striking subsection (d); and
                    (B) by redesignating subsections (e) and (f) as 
                subsections (d) and (e), respectively.

    (i) Reports and Assessments.--
            (1) Report on business transformation initiative.--Not later 
        than 90 days after the date of the enactment of this Act and 
        annually thereafter for the next five years, the Commissioner 
        shall submit to the Committee on Ways and Means and the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Finance and the Committee on Homeland 
        Security and Governmental Affairs of the Senate a report on U.S. 
        Customs and Border Protection's Business Transformation 
        Initiative, including locations where the Initiative is 
        deployed, the types of equipment utilized, a description of 
        protocols and procedures, information on wait times at such 
        locations since deployment, and information regarding the 
        schedule for deployment at new locations.
            (2) Port of entry infrastructure needs assessments.--Not 
        later than 180 days after the date of the enactment of this Act, 
        the Commissioner shall assess the physical infrastructure and 
        technology needs at the 20 busiest land ports of entry (as 
        measured by U.S. Customs and Border Protection) with a 
        particular attention to identify ways to--
                    (A) improve travel and trade facilitation;
                    (B) reduce wait times;
                    (C) improve physical infrastructure and conditions 
                for individuals accessing pedestrian ports of entry;
                    (D) enter into long-term leases with nongovernmental 
                and private sector entities;

[[Page 130 STAT. 216]]

                    (E) enter into lease-purchase agreements with 
                nongovernmental and private sector entities; and
                    (F) achieve cost savings through leases described in 
                subparagraphs (D) and (E).
            (3) Personal searches.--Not later than 90 days after the 
        date of the enactment of this Act and annually thereafter for 
        the next three years, the Commissioner shall submit to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate a report on supervisor-approved personal searches 
        conducted in the previous year by U.S. Customs and Border 
        Protection personnel. Such report shall include the number of 
        personal searches conducted in each sector and field office, the 
        number of invasive personal searches conducted in each sector 
        and field office, whether personal searches were conducted by 
        Office of Field Operations or U.S. Border Patrol personnel, and 
        how many personal searches resulted in the discovery of 
        contraband.

    (j) <<NOTE: Certification. 8 USC 1185 note.>>  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) <<NOTE: Deadline. Plan.>>  Agricultural Specialist Career 
Track.--Not later than one year after the date of the enactment of this 
Act, the Secretary of Homeland Security shall submit to the Committee on 
Homeland Security and the Committee on Ways and Means of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs and the Committee on Finance of the Senate a plan to create an 
agricultural specialist career track within U.S. Customs and Border 
Protection. Such plan shall include the following:
            (1) A description of education, training, experience, and 
        assignments necessary for career progression as an agricultural 
        specialist.
            (2) Recruitment and retention goals for agricultural 
        specialists, including a timeline for fulfilling staffing 
        deficits identified in agricultural resource allocation models.
            (3) <<NOTE: Assessment.>>  An assessment of equipment and 
        other resources needed to support agricultural specialists.
            (4) Any other factors the Commissioner determines 
        appropriate.

    (l) Sense of Congress Regarding the Foreign Language Award 
Program.--
            (1) Findings.--Congress finds the following:
                    (A) Congress established the Foreign Language Award 
                Program (FLAP) to incentivize employees at United States 
                ports of entry to utilize their foreign language skills 
                on the job by providing a financial incentive for the 
                use of the foreign language for at least ten percent of 
                their duties

[[Page 130 STAT. 217]]

                after passage of competency tests. FLAP incentivizes the 
                use of more than two dozen languages and has been 
                instrumental in identifying and utilizing U.S. Customs 
                and Border Protection officers and agents who are 
                proficient in a foreign language.
                    (B) In 1993, Congress provided for dedicated funding 
                for this program by stipulating that certain fees 
                collected by U.S. Customs and Border Protection be used 
                to fund FLAP.
                    (C) Through FLAP, foreign travelers are aided by 
                having an officer at a port of entry who speaks their 
                language, and U.S. Customs and Border Protection 
                benefits by being able to focus its border security 
                efforts in a more effective manner.
            (2) Sense of congress.--It is the sense of Congress that 
        FLAP incentivizes U.S. Customs and Border Protection officers to 
        attain and maintain competency in a foreign language, thereby 
        improving the efficiency of operations for the functioning of 
        U.S. Customs and Border Protection's security mission, making 
        the United States a more welcoming place when foreign travelers 
        find officers can communicate in their language, and helping to 
        expedite traveler processing to reduce wait times.

     Subtitle <<NOTE: Preclearance Authorization Act of 2015.>>  B--
Preclearance Operations
SEC. 811. <<NOTE: 19 USC 4301 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Preclearance Authorization Act 
of 2015''.
SEC. 812. <<NOTE: 19 USC 4431.>>  DEFINITIONS.

    In this subtitle:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Finance, the 
                Committee on Commerce, Science, and Transportation, and 
                the Committee on Appropriations of the Senate; and
                    (B) the Committee on Homeland Security, the 
                Committee on Ways and Means, and the Committee on 
                Appropriations of the House of Representatives.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
SEC. 813. <<NOTE: 19 USC 4432.>>  ESTABLISHMENT OF PRECLEARANCE 
                        OPERATIONS.

    Pursuant to section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) 
and section 103(a)(7) of the Immigration and Nationality Act (8 U.S.C. 
1103(a)(7)), and provided that an aviation security preclearance 
agreement (as defined in section 44901(d)(4)(B) of title 49, United 
States Code) is in effect, the Secretary may establish and maintain U.S. 
Customs and Border Protection preclearance operations in a foreign 
country--
            (1) to prevent terrorists, instruments of terrorism, and 
        other security threats from entering the United States;
            (2) to prevent inadmissible persons from entering the United 
        States;

[[Page 130 STAT. 218]]

            (3) to ensure that merchandise destined for the United 
        States complies with applicable laws;
            (4) to ensure the prompt processing of persons eligible to 
        travel to the United States; and
            (5) to accomplish such other objectives as the Secretary 
        determines are necessary to protect the United States.
SEC. 814. <<NOTE: Agreements. Deadlines. 19 USC 4433.>>  
                        NOTIFICATION AND CERTIFICATION TO 
                        CONGRESS.

    (a) Initial Notification.--Not later than 60 days before an 
agreement with the government of a foreign country to establish U.S. 
Customs and Border Protection preclearance operations in such foreign 
country enters into force, the Secretary shall provide the appropriate 
congressional committees with--
            (1) <<NOTE: Records.>>  a copy of the agreement to establish 
        such preclearance operations, which shall include--
                    (A) the identification of the foreign country with 
                which U.S. Customs and Border Protection intends to 
                enter into a preclearance agreement;
                    (B) the location at which such preclearance 
                operations will be conducted; and
                    (C) the terms and conditions for U.S. Customs and 
                Border Protection personnel operating at the location;
            (2) <<NOTE: Assessment.>>  an assessment of the impact such 
        preclearance operations will have on legitimate trade and 
        travel, including potential impacts on passengers traveling to 
        the United States;
            (3) <<NOTE: Assessment.>>  an assessment of the impacts such 
        preclearance operations will have on U.S. Customs and Border 
        Protection domestic port of entry staffing;
            (4) country-specific information on the anticipated homeland 
        security benefits associated with establishing such preclearance 
        operations;
            (5) <<NOTE: Plans.>>  information on potential security 
        vulnerabilities associated with commencing such preclearance 
        operations and mitigation plans to address such potential 
        security vulnerabilities;
            (6) <<NOTE: Plans.>>  a U.S. Customs and Border Protection 
        staffing model for such preclearance operations and plans for 
        how such positions would be filled; and
            (7) information on the anticipated costs over the 5 fiscal 
        years after the agreement enters into force associated with 
        commencing such preclearance operations.

    (b) Further Notification Relating to Preclearance Operations 
Established at Airports.--Not later than 45 days before an agreement 
with the government of a foreign country to establish U.S. Customs and 
Border Protection preclearance operations at an airport in such country 
enters into force, the Secretary, in addition to complying with the 
notification requirements under subsection (a), shall provide the 
appropriate congressional committees with--
            (1) <<NOTE: Estimate.>>  an estimate of the date on which 
        U.S. Customs and Border Protection intends to establish 
        preclearance operations under such agreement, including any 
        pending caveats that must be resolved before preclearance 
        operations are approved;
            (2) the anticipated funding sources for preclearance 
        operations under such agreement, and other funding sources 
        considered;
            (3) <<NOTE: Assessment.>>  a homeland security threat 
        assessment for the country in which such preclearance operations 
        are to be established;

[[Page 130 STAT. 219]]

            (4) information on potential economic, competitive, and job 
        impacts on United States air carriers associated with 
        establishing such preclearance operations;
            (5) details on information sharing mechanisms to ensure that 
        U.S. Customs and Border Protection has current information to 
        prevent terrorist and criminal travel; and
            (6) other factors that the Secretary determines to be 
        necessary for Congress to comprehensively assess the 
        appropriateness of commencing such preclearance operations.

    (c) Certifications Relating to Preclearance Operations Established 
at Airports.--Not later than 60 days before an agreement with the 
government of a foreign country to establish U.S. Customs and Border 
Protection preclearance operations at an airport in such country enters 
into force, the Secretary, in addition to complying with the 
notification requirements under subsections (a) and (b), shall provide 
the appropriate congressional committees with--
            (1) a certification that preclearance operations under such 
        preclearance agreement, after considering alternative options, 
        would provide homeland security benefits to the United States 
        through the most effective means possible;
            (2) a certification that preclearance operations within such 
        foreign country will be established under such agreement only 
        if--
                    (A) at least one United States passenger carrier 
                operates at such airport; and
                    (B) any United States passenger carriers operating 
                at such airport and desiring to participate in 
                preclearance operations are provided access that is 
                comparable to that of any non-United States passenger 
                carrier operating at that airport;
            (3) a certification that the establishment of preclearance 
        operations in such foreign country will not significantly 
        increase customs processing times at United States airports;
            (4) a certification that representatives from U.S. Customs 
        and Border Protection consulted with stakeholders, including 
        providers of commercial air service in the United States, 
        employees of such providers, security experts, and such other 
        parties as the Secretary determines to be appropriate; and
            (5) <<NOTE: Reports.>>  a report detailing the basis for the 
        certifications referred to in paragraphs (1) through (4).

    (d) Amendment of Existing Agreements.--Not later than 30 days before 
a substantially amended preclearance agreement with the government of a 
foreign country in effect as of the date of the enactment of this Act 
enters into force, the Secretary shall provide to the appropriate 
congressional committees--
            (1) <<NOTE: Records.>>  a copy of the agreement, as amended; 
        and
            (2) the justification for such amendment.

    (e) Implementation Plan.--
            (1) <<NOTE: Reports.>>  In general.--The Commissioner shall 
        report to the appropriate congressional committees, on a 
        quarterly basis--
                    (A) the number of U.S. Customs and Border Protection 
                officers, by port, assigned from domestic ports of entry 
                to preclearance operations; and
                    (B) the number of the positions at domestic ports of 
                entry vacated by U.S. Customs and Border Protection 
                officers described in subparagraph (A) that have been 
                filled

[[Page 130 STAT. 220]]

                by other hired, trained, and equipped U.S. Customs and 
                Border Protection officers.
            (2) <<NOTE: Determination.>>  Submission.--If the 
        Commissioner has not filled the positions of U.S. Customs and 
        Border Protection officers that were reassigned to preclearance 
        operations and determines that U.S. Customs and Border 
        Protection processing times at domestic ports of entry from 
        which U.S. Customs and Border Protection officers were 
        reassigned to preclearance operations have significantly 
        increased, the Commissioner, not later than 60 days after making 
        such a determination, shall submit to the appropriate 
        congressional committees an implementation plan for reducing 
        processing times at the domestic ports of entry with such 
        increased processing times.
            (3) Suspension.--If the Commissioner does not submit the 
        implementation plan described in paragraph (2) to the 
        appropriate congressional committees before the deadline set 
        forth in such paragraph, the Commissioner may not commence 
        preclearance operations at an additional port of entry in any 
        country until such implementation plan is submitted.

    (f) Classified Report.--The report required under subsection (c)(5) 
may be submitted in classified form if the Secretary determines that 
such form is appropriate.
SEC. 815. PROTOCOLS.

    Section 44901(d)(4) of title 49, United States Code, is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following:
                    ``(C) <<NOTE: Determination.>>  Rescreening 
                requirement.--If the Administrator of the Transportation 
                Security Administration determines that the government 
                of a foreign country has not maintained security 
                standards and protocols comparable to those of the 
                United States at airports at which preclearance 
                operations have been established in accordance with this 
                paragraph, the Administrator shall ensure that 
                Transportation Security Administration personnel 
                rescreen passengers arriving from such airports and 
                their property in the United States before such 
                passengers are permitted into sterile areas of airports 
                in the United States.''.
SEC. 816. <<NOTE: 19 USC 4434.>>  LOST AND STOLEN PASSPORTS.

    The Secretary <<NOTE: Certification.>>  may not enter into an 
agreement with the government of a foreign country to establish or 
maintain U.S. Customs and Border Protection preclearance operations at 
an airport in such country unless the Secretary certifies to the 
appropriate congressional committees that such government--
            (1) routinely submits information about lost and stolen 
        passports of its citizens and nationals to INTERPOL's Stolen and 
        Lost Travel Document database; or
            (2) makes such information available to the United States 
        Government through another comparable means of reporting.
SEC. 817. <<NOTE: 19 USC 4435.>>  RECOVERY OF INITIAL U.S. CUSTOMS 
                        AND BORDER PROTECTION PRECLEARANCE 
                        OPERATIONS COSTS.

    (a) Cost Sharing Agreements With Relevant Airport Authorities.--The 
Commissioner may enter into a cost sharing

[[Page 130 STAT. 221]]

agreement with airport authorities in foreign countries at which 
preclearance operations are to be established or maintained if--
            (1) an executive agreement to establish or maintain such 
        preclearance operations pursuant to the authorities under 
        section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) and 
        section 103(a)(7) of the Immigration and Nationality Act (8 
        U.S.C. 1103(a)(7)) has been signed, but has not yet entered into 
        force; and
            (2) U.S. Customs and Border Protection has incurred, or 
        expects to incur, initial preclearance operations costs in order 
        to establish or maintain preclearance operations under the 
        agreement described in paragraph (1).

    (b) Contents of Cost Sharing Agreements.--
            (1) In general.--Notwithstanding section 13031(e) of the 
        Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
        U.S.C. 58c(e)) and section 286(g) of the Immigration and 
        Nationality Act (8 U.S.C. 1356(g)), any cost sharing agreement 
        with an airport authority authorized under subsection (a) may 
        provide for the airport authority's payment to U.S. Customs and 
        Border Protection of its initial preclearance operations costs.
            (2) Timing of payments.--The airport authority's payment to 
        U.S. Customs and Border Protection for its initial preclearance 
        operations costs may be made in advance of the incurrence of the 
        costs or on a reimbursable basis.

    (c) Account.--
            (1) In general.--All amounts collected pursuant to any cost 
        sharing agreement authorized under subsection (a)--
                    (A) shall be credited as offsetting collections to 
                the currently applicable appropriation, account, or fund 
                of U.S. Customs and Border Protection;
                    (B) shall remain available, until expended, for the 
                purposes for which such appropriation, account, or fund 
                is authorized to be used; and
                    (C) may be collected and shall be available only to 
                the extent provided in appropriations Acts.
            (2) Return of unused funds.--Any advances or reimbursements 
        not used by U.S. Customs and Border Protection may be returned 
        to the relevant airport authority.
            (3) Rule of construction.--Nothing in this subsection may be 
        construed to preclude the use of appropriated funds from sources 
        other than the payments collected under this subtitle to pay 
        initial preclearance operation costs.

    (d) Defined Term.--
            (1) In general.--In this section, the term ``initial 
        preclearance operations costs'' means the costs incurred, or 
        expected to be incurred, by U.S. Customs and Border Protection 
        to establish or maintain preclearance operations at an airport 
        in a foreign country, including costs relating to--
                    (A) hiring, training, and equipping new U.S. Customs 
                and Border Protection officers who will be stationed at 
                United States domestic ports of entry or other U.S. 
                Customs and Border Protection facilities to backfill 
                U.S. Customs and Border Protection officers to be 
                stationed at an airport in a foreign country to conduct 
                preclearance operations; and

[[Page 130 STAT. 222]]

                    (B) visits to the airport authority conducted by 
                U.S. Customs and Border Protection personnel necessary 
                to prepare for the establishment or maintenance of 
                preclearance operations at such airport, including the 
                compensation, travel expenses, and allowances payable to 
                such personnel attributable to such visits.
            (2) Exception.--The costs described in paragraph (1)(A) 
        shall not include the salaries and benefits of new U.S. Customs 
        and Border Protection officers once such officers are 
        permanently stationed at a domestic United States port of entry 
        or other domestic U.S. Customs and Border Protection facility 
        after being hired, trained, and equipped.

    (e) Rule of Construction.--Except as otherwise provided in this 
section, nothing in this section may be construed as affecting the 
responsibilities, duties, or authorities of U.S. Customs and Border 
Protection.
SEC. 818. COLLECTION AND DISPOSITION OF FUNDS COLLECTED FOR 
                        IMMIGRATION INSPECTION SERVICES AND 
                        PRECLEARANCE ACTIVITIES.

    (a) Immigration and Nationality Act.--Section 286(i) of the 
Immigration and Nationality Act (8 U.S.C. 1356(i)) is amended by 
striking the last sentence and inserting the following: ``Reimbursements 
under this subsection may be collected in advance of the provision of 
such immigration inspection services. Notwithstanding subsection 
(h)(1)(B), and only to the extent provided in appropriations Acts, any 
amounts collected under this subsection shall be credited as offsetting 
collections to the currently applicable appropriation, account, or fund 
of U.S. Customs and Border Protection, remain available until expended, 
and be available for the purposes for which such appropriation, account, 
or fund is authorized to be used.''.
    (b) Farm Security and Rural Investment Act of 2002.--Section 
10412(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
8311(b)) is amended to read as follows:
    ``(b) Funds Collected for Preclearance.--Funds collected for 
preclearance activities--
            ``(1) may be collected in advance of the provision of such 
        activities;
            ``(2) shall be credited as offsetting collections to the 
        currently applicable appropriation, account, or fund of U.S. 
        Customs and Border Protection;
            ``(3) shall remain available until expended;
            ``(4) shall be available for the purposes for which such 
        appropriation, account, or fund is authorized to be used; and
            ``(5) may be collected and shall be available only to the 
        extent provided in appropriations Acts.''.
SEC. 819. <<NOTE: 19 USC 4436.>>  APPLICATION TO NEW AND EXISTING 
                        PRECLEARANCE OPERATIONS.

    Except for sections 814(d), 815, 817, and 818, this subtitle shall 
only apply to the establishment of preclearance operations in a foreign 
country in which no preclearance operations have been established as of 
the date of the enactment of this Act.

[[Page 130 STAT. 223]]

                   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) <<NOTE: Applicability. 19 USC 1321 note.>>  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. <<NOTE: Deadlines.>>  CONSULTATION ON TRADE AND CUSTOMS 
                        REVENUE FUNCTIONS.

    Section 401(c) of the Security and Accountability For Every Port Act 
of 2006 (6 U.S.C. 115(c)) is amended--
            (1) in paragraph (1), by striking ``on Department policies 
        and actions that have'' and inserting ``not later than 30 days 
        after proposing, and not later than 30 days before finalizing, 
        any Department policies, initiatives, or actions that will 
        have''; and
            (2) in paragraph (2)(A), by striking ``not later than 30 
        days prior to the finalization of'' and inserting ``not later 
        than 60 days before proposing, and not later than 60 days before 
        finalizing,''.
SEC. 903. PENALTIES FOR CUSTOMS BROKERS.

    (a) In General.--Section 641(d)(1) of the Tariff Act of 1930 (19 
U.S.C. 1641(d)(1)) is amended--
            (1) in subparagraph (E), by striking ``; or'' and inserting 
        a semicolon;
            (2) in subparagraph (F), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(G) has been convicted of committing or conspiring 
                to commit an act of terrorism described in section 2332b 
                of title 18, United States Code.''.

    (b) Technical Amendments.--Section 641 of the Tariff Act of 1930 (19 
U.S.C. 1641) is amended--

[[Page 130 STAT. 224]]

            (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) <<NOTE: Definitions.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  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:


[[Page 130 STAT. 225]]



``      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) <<NOTE: Applicability.>>  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) <<NOTE: Definitions.>>  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) <<NOTE: Applicability.>>  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.

[[Page 130 STAT. 226]]

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.

[[Page 130 STAT. 227]]

                    ``(B) Bill of materials and formula defined.--In 
                this paragraph, the terms `bill of materials' and 
                `formula' mean records kept in the normal course of 
                business that identify each component incorporated into 
                a manufactured or produced article or that identify the 
                quantity of each element, material, chemical, mixture, 
                or other substance incorporated into a manufactured 
                article.
            ``(4) Special rule for sought chemical elements.--
                    ``(A) In general.--For purposes of paragraph (1), a 
                sought chemical element may be--
                          ``(i) considered imported merchandise, or 
                      merchandise classifiable under the same 8-digit 
                      HTS subheading number as such imported 
                      merchandise, used in the manufacture or production 
                      of an article as described in paragraph (1); and
                          ``(ii) substituted for source material 
                      containing that sought chemical element, without 
                      regard to whether the sought chemical element and 
                      the source material are classifiable under the 
                      same 8-digit HTS subheading number, and 
                      apportioned quantitatively, as appropriate.
                    ``(B) Sought chemical element defined.--In this 
                paragraph, the term `sought chemical element' means an 
                element listed in the Periodic Table of Elements that is 
                imported into the United States or a chemical compound 
                consisting of those elements, either separately in 
                elemental form or contained in source material.''.

    (c) Merchandise Not Conforming to Sample or Specifications.--Section 
313(c) of the Tariff Act of 1930 (19 U.S.C. 1313(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C)(ii), by striking ``under a 
                certificate of delivery'' each place it appears;
                    (B) in subparagraph (D)--
                          (i) by striking ``3'' and inserting ``5''; and
                          (ii) by striking ``the Customs Service'' and 
                      inserting ``U.S. Customs and Border Protection''; 
                      and
                    (C) in the flush text at the end, by striking ``the 
                full amount of the duties paid upon such merchandise, 
                less 1 percent,'' and inserting ``an amount calculated 
                pursuant to regulations prescribed by the Secretary of 
                the Treasury under subsection (l)'';
            (2) in paragraph (2), by striking ``the Customs Service'' 
        and inserting ``U.S. Customs and Border Protection''; and
            (3) by amending paragraph (3) to read as follows:
            ``(3) Evidence of transfers.--Transfers of merchandise under 
        paragraph (1) may be evidenced by business records kept in the 
        normal course of business and no additional certificates of 
        transfer shall be required.''.

    (d) Proof of Exportation.--Section 313(i) of the Tariff Act of 1930 
(19 U.S.C. 1313(i)) is amended to read as follows:
    ``(i) Proof of Exportation.--A person claiming drawback under this 
section based on the exportation of an article shall provide proof of 
the exportation of the article. Such proof of exportation--
            ``(1) shall establish fully the date and fact of exportation 
        and the identity of the exporter; and

[[Page 130 STAT. 228]]

            ``(2) <<NOTE: Records.>>  may be established through the use 
        of records kept in the normal course of business or through an 
        electronic export system of the United States Government, as 
        determined by the Commissioner of U.S. Customs and Border 
        Protection.''.

    (e) Unused Merchandise Drawback.--Section 313(j) of the Tariff Act 
of 1930 (19 U.S.C. 1313(j)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), in the matter preceding 
                clause (i)--
                          (i) by striking ``3-year'' and inserting ``5-
                      year''; and
                          (ii) by inserting ``and before the drawback 
                      claim is filed'' after ``the date of 
                      importation''; and
                    (B) in the flush text at the end, by striking ``99 
                percent of the amount of each duty, tax, or fee so 
                paid'' and inserting ``an amount calculated pursuant to 
                regulations prescribed by the Secretary of the Treasury 
                under subsection (l)'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``paragraph (4)'' and inserting ``paragraphs 
                (4), (5), and (6)'';
                    (B) in subparagraph (A), by striking ``commercially 
                interchangeable with'' and inserting ``classifiable 
                under the same 8-digit HTS subheading number as'';
                    (C) in subparagraph (B)--
                          (i) by striking ``3-year'' and inserting ``5-
                      year''; and
                          (ii) by inserting ``and before the drawback 
                      claim is filed'' after ``the imported 
                      merchandise'';
                    (D) in subparagraph (C)(ii), by striking subclause 
                (II) and inserting the following:
                                    ``(II) received the imported 
                                merchandise, other merchandise 
                                classifiable under the same 8-digit HTS 
                                subheading number as such imported 
                                merchandise, or any combination of such 
                                imported merchandise and such other 
                                merchandise, directly or indirectly from 
                                the person who imported and paid any 
                                duties, taxes, and fees imposed under 
                                Federal law upon importation or entry 
                                and due on the imported merchandise (and 
                                any such transferred merchandise, 
                                regardless of its origin, will be 
                                treated as the imported merchandise and 
                                any retained merchandise will be treated 
                                as domestic merchandise);''; and
                    (E) in the flush text at the end--
                          (i) by striking ``the amount of each such 
                      duty, tax, and fee'' and all that follows through 
                      ``99 percent of that duty, tax, or fee'' and 
                      inserting ``an amount calculated pursuant to 
                      regulations prescribed by the Secretary of the 
                      Treasury under subsection (l) shall be refunded as 
                      drawback''; and
                          (ii) by striking the last sentence and 
                      inserting the following: ``Notwithstanding 
                      subparagraph (A), drawback shall be allowed under 
                      this paragraph with respect to wine if the 
                      imported wine and the exported wine are of the 
                      same color and the price variation between the 
                      imported wine and the exported wine does not 
                      exceed 50 percent. <<NOTE: Records.>>  Transfers 
                      of merchandise

[[Page 130 STAT. 229]]

                      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) <<NOTE: Definition.>>  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.--

[[Page 130 STAT. 230]]

            ``(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) <<NOTE: Deadline.>>  In general.--Not later 
                than the date that is 2 years after the date of the 
                enactment of the Trade Facilitation and Trade 
                Enforcement Act of 2015, the Secretary shall prescribe 
                regulations for determining the calculation of amounts 
                refunded as drawback under this section.
                    ``(B) Claims with respect to unused merchandise.--
                The regulations required by subparagraph (A) for 
                determining the calculation of amounts refunded as 
                drawback under this section shall provide for a refund 
                of equal to 99 percent of the duties, taxes, and fees 
                paid on the imported merchandise, which were imposed 
                under Federal law upon entry or importation of the 
                imported merchandise, and may require the claim to be 
                based upon the average per unit duties, taxes, and fees 
                as reported on the entry summary line item or, if not 
                reported on the entry summary line item, as otherwise 
                allocated by U.S. Customs and Border Protection, except 
                that where there is substitution of the merchandise, 
                then--
                          ``(i) in the case of an article that is 
                      exported, the amount of the refund shall be equal 
                      to 99 percent of the lesser of--
                                    ``(I) the amount of duties, taxes, 
                                and fees paid with respect to the 
                                imported merchandise; or
                                    ``(II) the amount of duties, taxes, 
                                and fees that would apply to the 
                                exported article if the exported article 
                                were imported; and
                          ``(ii) in the case of an article that is 
                      destroyed, the amount of the refund shall be an 
                      amount that is--
                                    ``(I) equal to 99 percent of the 
                                lesser of--
                                            ``(aa) the amount of duties, 
                                        taxes, and fees paid with 
                                        respect to the imported 
                                        merchandise; and
                                            ``(bb) the amount of duties, 
                                        taxes, and fees that would apply 
                                        to the destroyed article if the 
                                        destroyed article were imported; 
                                        and
                                    ``(II) reduced by the value of 
                                materials recovered during destruction 
                                as provided in subsection (x).
                    ``(C) Claims with respect to manufactured articles 
                into which imported or substitute merchandise is 
                incorporated.--The regulations required by subparagraph 
                (A) for determining the calculation of amounts refunded 
                as drawback under this section shall provide for a 
                refund of equal to 99 percent of the duties, taxes, and 
                fees paid on the imported merchandise incorporated into 
                an article that is exported or destroyed, which were 
                imposed under Federal law upon entry or importation of 
                the imported merchandise incorporated into an article 
                that is exported or destroyed, and may require the claim 
                to be based upon the average per unit duties, taxes, and 
                fees as reported on the entry summary line item, or if 
                not reported on the entry summary line item, as 
                otherwise allocated by

[[Page 130 STAT. 231]]

                U.S. Customs and Border Protection, except that where 
                there is substitution of the imported merchandise, 
                then--
                          ``(i) in the case of an article that is 
                      exported, the amount of the refund shall be equal 
                      to 99 percent of the lesser of--
                                    ``(I) the amount of duties, taxes, 
                                and fees paid with respect to the 
                                imported merchandise; or
                                    ``(II) the amount of duties, taxes, 
                                and fees that would apply to the 
                                substituted merchandise if the 
                                substituted merchandise were imported; 
                                and
                          ``(ii) in the case of an article that is 
                      destroyed, the amount of the refund shall be an 
                      amount that is--
                                    ``(I) equal to 99 percent of the 
                                lesser of--
                                            ``(aa) the amount of duties, 
                                        taxes, and fees paid with 
                                        respect to the imported 
                                        merchandise; and
                                            ``(bb) the amount of duties, 
                                        taxes, and fees that would apply 
                                        to the substituted merchandise 
                                        if the substituted merchandise 
                                        were imported; and
                                    ``(II) reduced by the value of 
                                materials recovered during destruction 
                                as provided in subsection (x).
                    ``(D) Exceptions.--The calculations set forth in 
                subparagraphs (B) and (C) shall not apply to claims for 
                wine based on subsection (j)(2) and claims based on 
                subsection (p) and instead--
                          ``(i) for any drawback claim for wine based on 
                      subsection (j)(2), the amount of the refund shall 
                      be equal to 99 percent of the duties, taxes, and 
                      fees paid with respect to the imported 
                      merchandise, without regard to the limitations in 
                      subparagraphs (B)(i) and (B)(ii); and
                          ``(ii) for any drawback claim based on 
                      subsection (p), the amount of the refund shall be 
                      subject to the limitations set out in paragraph 
                      (4) of that subsection and without regard to 
                      subparagraph (B)(i), (B)(ii), (C)(i), or (C)(ii).
            ``(3) Status reports on regulations.--Not later than the 
        date that is one year after the date of the enactment of the 
        Trade Facilitation and Trade Enforcement Act of 2015, and 
        annually thereafter until the regulations required by paragraph 
        (2) are final, the Secretary shall submit to Congress a report 
        on the status of those regulations.''.

    (h) Substitution of Finished Petroleum Derivatives.--Section 313(p) 
of the Tariff Act of 1930 (19 U.S.C. 1313(p)) is amended--
            (1) by striking ``Harmonized Tariff Schedule of the United 
        States'' each place it appears and inserting ``HTS''; and
            (2) in paragraph (3)(A)--
                    (A) in clause (ii)(III), by striking ``, as so 
                certified in a certificate of delivery or certificate of 
                manufacture and delivery''; and
                    (B) in the flush text at the end--

[[Page 130 STAT. 232]]

                          (i) by striking ``, so designated on the 
                      certificate of delivery or certificate of 
                      manufacture and delivery''; and
                          (ii) by striking the last sentence and 
                      inserting the following: <<NOTE: Records.>>  ``The 
                      party transferring the merchandise shall maintain 
                      records kept in the normal course of business to 
                      demonstrate the transfer.''.

    (i) Packaging Material.--Section 313(q) of the Tariff Act of 1930 
(19 U.S.C. 1313(q)) is amended--
            (1) in paragraph (1), by striking ``of 99 percent of any 
        duty, tax, or fee imposed under Federal law on such imported 
        material'' and inserting ``in an amount calculated pursuant to 
        regulations prescribed by the Secretary of the Treasury under 
        subsection (l)'';
            (2) in paragraph (2), by striking ``of 99 percent of any 
        duty, tax, or fee imposed under Federal law on the imported or 
        substituted merchandise used to manufacture or produce such 
        material'' and inserting ``in an amount calculated pursuant to 
        regulations prescribed by the Secretary of the Treasury under 
        subsection (l)''; and
            (3) in paragraph (3), by striking ``they contain'' each 
        place it appears and inserting ``it contains''.

    (j) Filing of Drawback Claims.--Section 313(r) of the Tariff Act of 
1930 (19 U.S.C. 1313(r)) is amended--
            (1) in paragraph (1)--
                    (A) by striking the first sentence and inserting the 
                following: ``A drawback entry shall be filed or applied 
                for, as applicable, not later than 5 years after the 
                date on which merchandise on which drawback is claimed 
                was imported.'';
                    (B) in the second sentence, by striking ``3-year'' 
                and inserting ``5-year''; and
                    (C) in the third sentence, by striking ``the Customs 
                Service'' and inserting ``U.S. Customs and Border 
                Protection'';
            (2) in paragraph (3)--
                    (A) in subparagraph (A)--
                          (i) in the matter preceding clause (i), by 
                      striking ``The Customs Service'' and inserting 
                      ``U.S. Customs and Border Protection'';
                          (ii) in clauses (i) and (ii), by striking 
                      ``the Customs Service'' each place it appears and 
                      inserting ``U.S. Customs and Border Protection''; 
                      and
                          (iii) in clause (ii)(I), by striking ``3-
                      year'' and inserting ``5-year''; and
                    (B) in subparagraph (B), by striking ``the periods 
                of time for retaining records set forth in subsection 
                (t) of this section and'' and inserting ``the period of 
                time for retaining records set forth in''; and
            (3) by adding at the end the following:
            ``(4) <<NOTE: Electronic filing.>>  All drawback claims 
        filed on and after the date that is 2 years after the date of 
        the enactment of the Trade Facilitation and Trade Enforcement 
        Act of 2015 shall be filed electronically.''.

    (k) Designation of Merchandise by Successor.--Section 313(s) of the 
Tariff Act of 1930 (19 U.S.C. 1313(s)) is amended--

[[Page 130 STAT. 233]]

            (1) in paragraph (2), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) subject to paragraphs (5) and (6) of 
                subsection (j), imported merchandise, other merchandise 
                classifiable under the same 8-digit HTS subheading 
                number as such imported merchandise, or any combination 
                of such imported merchandise and such other merchandise, 
                that the predecessor received, before the date of 
                succession, from the person who imported and paid any 
                duties, taxes, and fees due on the imported 
                merchandise;''; and
            (2) in paragraph (4), by striking ``certifies that'' and all 
        that follows and inserting ``certifies that the transferred 
        merchandise was not and will not be claimed by the 
        predecessor.''.

    (l) Drawback Certificates.--Section 313 of the Tariff Act of 1930 
(19 U.S.C. 1313) is amended by striking subsection (t).
    (m) Drawback for Recovered Materials.--Section 313(x) of the Tariff 
Act of 1930 (19 U.S.C. 1313(x)) is amended by striking ``and (c)'' and 
inserting ``(c), and (j)''.
    (n) Definitions.--Section 313 of the Tariff Act of 1930 (19 U.S.C. 
1313) is amended by adding at the end the following:
    ``(z) Definitions.--In this section:
            ``(1) Directly.--The term `directly' means a transfer of 
        merchandise or an article from one person to another person 
        without any intermediate transfer.
            ``(2) HTS.--The term `HTS' means the Harmonized Tariff 
        Schedule of the United States.
            ``(3) Indirectly.--The term `indirectly' means a transfer of 
        merchandise or an article from one person to another person with 
        one or more intermediate transfers.''.

    (o) Recordkeeping.--Section 508(c)(3) of the Tariff Act of 1930 (19 
U.S.C. 1508(c)(3)) is amended by striking ``payment'' and inserting 
``liquidation''.
    (p) Government Accountability Office Report.--
            (1) In general.--Not later than one year after the issuance 
        of the regulations required by subsection (l)(2) of section 313 
        of the Tariff Act of 1930, as added by subsection (g) of this 
        section, the Comptroller General of the United States shall 
        submit to the Committee on Finance of the Senate and the 
        Committee on Ways and Means of the House of Representatives a 
        report on the modernization of drawback and refunds under 
        section 313 of the Tariff Act of 1930, as amended by this 
        section.
            (2) Contents.--The report required by paragraph (1) shall 
        include the following:
                    (A) <<NOTE: Assessment.>>  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) <<NOTE: 19 USC 1313 note.>>  Effective Date.--

[[Page 130 STAT. 234]]

            (1) In general.--The amendments made by this section shall--
                    (A) take effect on the date of the enactment of this 
                Act; and
                    (B) <<NOTE: Applicability.>>  except as provided in 
                paragraph (3), apply to drawback claims filed on or 
                after the date that is 2 years after such date of 
                enactment.
            (2) Reporting of operability of automated commercial 
        environment computer system.--Not later than one year after the 
        date of the enactment of this Act, and not later than 2 years 
        after such date of enactment, the Secretary of the Treasury 
        shall submit to the Committee on Finance of the Senate and the 
        Committee on Ways and Means of the House of Representatives a 
        report on--
                    (A) the date on which the Automated Commercial 
                Environment will be ready to process drawback claims; 
                and
                    (B) the date on which the Automated Export System 
                will be ready to accept proof of exportation under 
                subsection (i) of section 313 of the Tariff Act of 1930, 
                as amended by subsection (d) of this section.
            (3) <<NOTE: Time period.>>  Transition rule.--During the 
        one-year period beginning on the date that is 2 years after the 
        date of the enactment of this Act, a person may elect to file a 
        claim for drawback under--
                    (A) section 313 of the Tariff Act of 1930, as 
                amended by this section; or
                    (B) section 313 of the Tariff Act of 1930, as in 
                effect on the day before the date of the enactment of 
                this Act.
SEC. 907. <<NOTE: 19 USC 4451.>>  REPORT ON CERTAIN U.S. CUSTOMS 
                        AND BORDER PROTECTION AGREEMENTS.

    (a) In General.--Not later than one year after entering into an 
agreement under a program specified in subsection (b), and annually 
thereafter until the termination of the program, the Commissioner shall 
submit to the Committee on Finance and the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Ways and Means and the Committee on Homeland Security of the House of 
Representatives a report that includes the following:
            (1) A description of the development of the program, 
        including an identification of the authority under which the 
        program operates.
            (2) A description of the type of entity with which U.S. 
        Customs and Border Protection entered into the agreement and the 
        amount that entity reimbursed U.S. Customs and Border Protection 
        under the agreement.
            (3) An identification of the type of port of entry to which 
        the agreement relates and an assessment of how the agreement 
        provides economic benefits and security benefits (if applicable) 
        at the port of entry.
            (4) A description of the services provided by U.S. Customs 
        and Border Protection under the agreement during the year 
        preceding the submission of the report.
            (5) The amount of fees collected under the agreement during 
        that year.

[[Page 130 STAT. 235]]

            (6) The total operating expenses of the program during that 
        year.
            (7) A detailed accounting of how the fees collected under 
        the agreement have been spent during that year.
            (8) <<NOTE: Summary.>>  A summary of any complaints or 
        criticism received by U.S. Customs and Border Protection during 
        that year regarding the agreement.
            (9) <<NOTE: Assessment.>>  An assessment of the compliance 
        of the entity described in paragraph (2) with the terms of the 
        agreement.
            (10) <<NOTE: Recommenda- tions.>>  Recommendations with 
        respect to how activities conducted pursuant to the agreement 
        could function more effectively or better produce economic 
        benefits and security benefits (if applicable).
            (11) <<NOTE: Summary.>>  A summary of the benefits to and 
        challenges faced by U.S. Customs and Border Protection and the 
        entity described in paragraph (2) under the agreement.
            (12) If the entity described in paragraph (2) is an operator 
        of an airport--
                    (A) a detailed account of the revenue collected by 
                U.S. Customs and Border Protection at the airport from--
                          (i) fees collected under the agreement; and
                          (ii) fees collected from sources other than 
                      under the agreement, including fees paid by 
                      passengers and air carriers; and
                    (B) <<NOTE: Assessment.>>  an assessment of the 
                revenue described in subparagraph (A) compared with the 
                operating costs of U.S. Customs and Border Protection at 
                the airport.

    (b) Program Specified.--A program specified in this subsection is--
            (1) the program for entering into reimbursable fee 
        agreements for the provision of U.S. Customs and Border 
        Protection services established by section 560 of the Department 
        of Homeland Security Appropriations Act, 2013 (division D of 
        Public Law 113-6; 127 Stat. 378);
            (2) the pilot program authorizing U.S. Customs and Border 
        Protection to enter into partnerships with private sector and 
        government entities at ports of entry established by section 559 
        of the Department of Homeland Security Appropriations Act, 2014 
        (division F of Public Law 113-76; 6 U.S.C. 211 note);
            (3) the program under which U.S. Customs and Border 
        Protection collects a fee for the use of customs services at 
        designated facilities under section 236 of the Trade and Tariff 
        Act of 1984 (19 U.S.C. 58b); or
            (4) the program established by subtitle B of title VIII of 
        this Act authorizing U.S. Customs and Border Protection to 
        establish preclearance operations in foreign countries.
SEC. 908. CHARTER FLIGHTS.

    Section 13031(e)(1) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) is amended--
            (1) by striking ``(1) Notwithstanding section 451 of the 
        Tariff Act of 1930 (19 U.S.C. 1451) or any other provision of 
        law (other than paragraph (2))'' and inserting the following:

    ``(1)(A) Notwithstanding section 451 of the Tariff Act of 1930 (19 
U.S.C. 1451) or any other provision of law (other than subparagraph (B) 
and paragraph (2))''; and

[[Page 130 STAT. 236]]

            (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) <<NOTE: Deadline.>>  not later than 4 hours before the 
        flight arrives, specifically requests that such services be 
        provided; and
            ``(II) pays any overtime fees incurred in connection with 
        such services.

    ``(ii) Services described in this clause are customs services for 
passengers and their baggage or any other similar service that could 
lawfully be performed during regular hours of operation.''.
SEC. 909. <<NOTE: 19 USC 4452.>>  UNITED STATES-ISRAEL TRADE AND 
                        COMMERCIAL ENHANCEMENT.

    (a) Findings.--Congress finds the following:
            (1) Israel is America's dependable, democratic ally in the 
        Middle East--an area of paramount strategic importance to the 
        United States.
            (2) The United States-Israel Free Trade Agreement formed the 
        modern foundation of the bilateral commercial relationship 
        between the two countries and was the first such agreement 
        signed by the United States with a foreign country.
            (3) The United States-Israel Free Trade Agreement has been 
        instrumental in expanding commerce and the strategic 
        relationship between the United States and Israel.
            (4) More than $45,000,000,000 in goods and services is 
        traded annually between the two countries, in addition to 
        roughly $10,000,000,000 in United States foreign direct 
        investment in Israel.
            (5) The United States continues to look for and find new 
        opportunities to enhance cooperation with Israel, including 
        through the enactment of the United States-Israel Enhanced 
        Security Cooperation Act of 2012 (Public Law 112-150; 22 U.S.C. 
        8601 et seq.) and the United States-Israel Strategic Partnership 
        Act of 2014 (Public Law 113-296; 128 Stat. 4075).
            (6) It has been the policy of the United States Government 
        to combat all elements of the Arab League Boycott of Israel by--
                    (A) public statements of Administration officials;
                    (B) enactment of relevant sections of the Export 
                Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as 
                continued in effect pursuant to the International 
                Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)), 
                including sections to ensure foreign persons comply with 
                applicable reporting requirements relating to the 
                Boycott;
                    (C) enactment of the Tax Reform Act of 1976 (Public 
                Law 94-455; 90 Stat. 1520) that denies certain tax 
                benefits to entities abiding by the Boycott;
                    (D) ensuring through free trade agreements with 
                Bahrain and Oman that such countries no longer 
                participate in the Boycott; and

[[Page 130 STAT. 237]]

                    (E) ensuring as a condition of membership in the 
                World Trade Organization that Saudi Arabia no longer 
                enforces the secondary or tertiary elements of the 
                Boycott.

    (b) Statements of Policy.--Congress--
            (1) supports the strengthening of economic cooperation 
        between the United States and Israel and recognizes the 
        tremendous strategic, economic, and technological value of 
        cooperation with Israel;
            (2) recognizes the benefit of cooperation with Israel to 
        United States companies, including by improving American 
        competitiveness in global markets;
            (3) recognizes the importance of trade and commercial 
        relations to the pursuit and sustainability of peace, and 
        supports efforts to bring together the United States, Israel, 
        the Palestinian territories, and others in enhanced commerce;
            (4) opposes politically motivated actions that penalize or 
        otherwise limit commercial relations specifically with Israel, 
        such as boycotts of, divestment from, or sanctions against 
        Israel;
            (5) notes that boycotts of, divestment from, and sanctions 
        against Israel by governments, governmental bodies, quasi-
        governmental bodies, international organizations, and other such 
        entities are contrary to principle of nondiscrimination under 
        the GATT 1994 (as defined in section 2(1)(B) of the Uruguay 
        Round Agreements Act (19 U.S.C. 3501(1)(B)));
            (6) encourages the inclusion of politically motivated 
        actions that penalize or otherwise limit commercial relations 
        specifically with Israel such as boycotts of, divestment from, 
        or sanctions against Israel as a topic of discussion at the 
        U.S.-Israel Joint Economic Development Group (JEDG) to support 
        the strengthening of the United States-Israel commercial 
        relationship and combat any commercial discrimination against 
        Israel; and
            (7) supports efforts to prevent investigations or 
        prosecutions by governments or international organizations of 
        United States persons solely on the basis of such persons doing 
        business with Israel, with Israeli entities, or in any territory 
        controlled by Israel.

    (c) Principal Trade Negotiating Objectives of the United States.--
            (1) Commercial partnerships.--Among the principal trade 
        negotiating objectives of the United States for proposed trade 
        agreements with foreign countries regarding commercial 
        partnerships are the following:
                    (A) To discourage actions by potential trading 
                partners that directly or indirectly prejudice or 
                otherwise discourage commercial activity solely between 
                the United States and Israel.
                    (B) To discourage politically motivated boycotts of, 
                divestment from, and sanctions against Israel and to 
                seek the elimination of politically motivated nontariff 
                barriers on Israeli goods, services, or other commerce 
                imposed on Israel.
                    (C) To seek the elimination of state-sponsored 
                unsanctioned foreign boycotts of Israel, or compliance 
                with the Arab League Boycott of Israel, by prospective 
                trading partners.

[[Page 130 STAT. 238]]

            (2) Effective date.--This subsection takes effect on the 
        date of the enactment of this Act and applies with respect to 
        negotiations commenced before, on, or after such date of 
        enactment.

    (d) <<NOTE: President.>>  Report on Politically Motivated Acts of 
Boycott of, Divestment From, and Sanctions Against Israel.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        President shall submit to Congress a report on politically 
        motivated boycotts of, divestment from, and sanctions against 
        Israel.
            (2) Matters to be included.--The report required by 
        paragraph (1) shall include the following:
                    (A) A description of the establishment of barriers 
                to trade, including nontariff barriers, investment, or 
                commerce by foreign countries or international 
                organizations against United States persons operating or 
                doing business in Israel, with Israeli entities, or in 
                Israeli-controlled territories.
                    (B) A description of specific steps being taken by 
                the United States to encourage foreign countries and 
                international organizations to cease creating such 
                barriers and to dismantle measures already in place, and 
                an assessment of the effectiveness of such steps.
                    (C) A description of specific steps being taken by 
                the United States to prevent investigations or 
                prosecutions by governments or international 
                organizations of United States persons solely on the 
                basis of such persons doing business with Israel, with 
                Israeli entities, or in Israeli-controlled territories.
                    (D) Decisions by foreign persons, including 
                corporate entities and state-affiliated financial 
                institutions, that limit or prohibit economic relations 
                with Israel or persons doing business in Israel or in 
                any territory controlled by Israel.

    (e) Certain Foreign Judgments Against United States Persons.--
Notwithstanding any other provision of law, no domestic court shall 
recognize or enforce any foreign judgment entered against a United 
States person that conducts business operations in Israel, or any 
territory controlled by Israel, if the domestic court determines that 
the foreign judgment is based, in whole or in part, on a determination 
by a foreign court that the United States person's conducting business 
operations in Israel or any territory controlled by Israel or with 
Israeli entities constitutes a violation of law.
    (f) Definitions.--In this section:
            (1) Boycott of, divestment from, and sanctions against 
        israel.--The term ``boycott of, divestment from, and sanctions 
        against Israel'' means actions by states, nonmember states of 
        the United Nations, international organizations, or affiliated 
        agencies of international organizations that are politically 
        motivated and are intended to penalize or otherwise limit 
        commercial relations specifically with Israel or persons doing 
        business in Israel or in any territory controlled by Israel.
            (2) Domestic court.--The term ``domestic court'' means a 
        Federal court of the United States, or a court of any State or 
        territory of the United States or of the District of Columbia.

[[Page 130 STAT. 239]]

            (3) Foreign court.--The term ``foreign court'' means a 
        court, an administrative body, or other tribunal of a foreign 
        country.
            (4) Foreign judgment.--The term ``foreign judgment'' means a 
        final civil judgment rendered by a foreign court.
            (5) Foreign person.--The term ``foreign person'' means--
                    (A) an individual who is not a United States person 
                or an alien lawfully admitted for permanent residence 
                into the United States; or
                    (B) a corporation, partnership, or other 
                nongovernmental entity which is not a United States 
                person.
            (6) Person.--
                    (A) In general.--The term ``person'' means--
                          (i) a natural person;
                          (ii) a corporation, business association, 
                      partnership, society, trust, financial 
                      institution, insurer, underwriter, guarantor, and 
                      any other business organization, any other 
                      nongovernmental entity, organization, or group, 
                      and any governmental entity operating as a 
                      business enterprise; and
                          (iii) any successor to any entity described in 
                      clause (ii).
                    (B) Application to governmental entities.--The term 
                ``person'' does not include a government or governmental 
                entity that is not operating as a business enterprise.
            (7) United states person.--The term ``United States person'' 
        means--
                    (A) a natural person who is a national of the United 
                States (as defined in section 101(a)(22) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(22))); 
                or
                    (B) a corporation or other legal entity that is 
                organized under the laws of the United States, any State 
                or territory thereof, or the District of Columbia, if 
                natural persons described in subparagraph (A) own, 
                directly or indirectly, more than 50 percent of the 
                outstanding capital stock or other beneficial interest 
                in such legal entity.
SEC. 910. ELIMINATION OF CONSUMPTIVE DEMAND EXCEPTION TO 
                        PROHIBITION ON IMPORTATION OF GOODS MADE 
                        WITH CONVICT LABOR, FORCED LABOR, OR 
                        INDENTURED LABOR; REPORT.

    (a) Elimination of Consumptive Demand Exception.--
            (1) In general.--Section 307 of the Tariff Act of 1930 (19 
        U.S.C. 1307) is amended by striking ``The provisions of this 
        section'' and all that follows through ``of the United 
        States.''.
            (2) <<NOTE: 19 USC 1307 note.>>  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) <<NOTE: 19 USC 4453.>>  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) <<NOTE: Time period.>>  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.

[[Page 130 STAT. 240]]

            (2) A description of the merchandise denied entry pursuant 
        to that section.
            (3) Such other information as the Commissioner considers 
        appropriate with respect to monitoring and enforcing compliance 
        with that section.
SEC. 911. VOLUNTARY RELIQUIDATIONS BY U.S. CUSTOMS AND BORDER 
                        PROTECTION.

    Section 501 of the Tariff Act of 1930 (19 U.S.C. 1501) is amended--
            (1) in the section heading, by striking ``the customs 
        service'' and inserting ``u.s. customs and border protection'';
            (2) by striking ``the Customs Service'' and inserting ``U.S. 
        Customs and Border Protection''; and
            (3) by striking ``on which notice of the original 
        liquidation is given or transmitted to the importer, his 
        consignee or agent'' and inserting ``of the original 
        liquidation''.
SEC. 912. TARIFF CLASSIFICATION OF RECREATIONAL PERFORMANCE 
                        OUTERWEAR.

    (a) Repeal.--Section 601 of the Trade Preferences Extension Act of 
2015 (Public Law 114-27; 129 Stat. 387) is repealed, and any provision 
of law amended by such section is restored as if such section had not 
been enacted into law.
    (b) Amendments to Additional U.S. Notes.--The additional U.S. notes 
to chapter 62 of the Harmonized Tariff Schedule of the United States are 
amended--
            (1) in additional U.S. note 2--
                    (A) by striking ``For the purposes of subheadings'' 
                and all that follows through ``6211.20.15'' and 
                inserting ``For the purposes of subheadings 6201.92.17, 
                6201.92.35, 6201.93.47, 6201.93.60, 6202.92.05, 
                6202.92.30, 6202.93.07, 6202.93.48, 6203.41.01, 
                6203.41.25, 6203.43.03, 6203.43.11, 6203.43.55, 
                6203.43.75, 6204.61.05, 6204.61.60, 6204.63.02, 
                6204.63.09, 6204.63.55, 6204.63.75 and 6211.20.15'';
                    (B) by striking ``(see ASTM designations D 3600-81 
                and D 3781-79)'' and inserting ``(see current version of 
                ASTM D7017)''; and
                    (C) by striking ``in accordance with AATCC Test 
                Method 35-1985.'' and inserting ``in accordance with the 
                current version of AATCC Test Method 35.''; and
            (2) by adding at the end the following new note:

    ``3. (a) When used in a subheading of this chapter or immediate 
superior text thereto, the term `recreational performance outerwear' 
means trousers (including, but not limited to, ski or snowboard pants, 
and ski or snowboard pants intended for sale as parts of ski-suits), 
coveralls, bib and brace overalls, jackets (including, but not limited 
to, full zip jackets, ski jackets and ski jackets intended for sale as 
parts of ski-suits), windbreakers and similar articles (including 
padded, sleeveless jackets), the foregoing of fabrics of cotton, wool, 
hemp, bamboo, silk or manmade fibers, or a combination of such fibers; 
that are either water resistant within the meaning of additional U.S. 
note 2 to this chapter or treated with plastics, or both; with 
critically sealed seams, and with 5 or more of the following features 
(as further provided herein):
            ``(i) insulation for cold weather protection;

[[Page 130 STAT. 241]]

            ``(ii) pockets, at least one of which has a zippered, hook 
        and loop, or other type of closure;
            ``(iii) elastic, draw cord or other means of tightening 
        around the waist or leg hems, including hidden leg sleeves with 
        a means of tightening at the ankle for trousers and tightening 
        around the waist or bottom hem for jackets;
            ``(iv) venting, not including grommet(s);
            ``(v) articulated elbows or knees;
            ``(vi) reinforcement in one of the following areas: the 
        elbows, shoulders, seat, knees, ankles or cuffs;
            ``(vii) weatherproof closure at the waist or front;
            ``(viii) multi-adjustable hood or adjustable collar;
            ``(ix) adjustable powder skirt, inner protective skirt or 
        adjustable inner protective cuff at sleeve hem;
            ``(x) construction at the arm gusset that utilizes fabric, 
        design or patterning to allow radial arm movement; or
            ``(xi) odor control technology.

The term `recreational performance outerwear' does not include 
occupational outerwear.
    ``(b) <<NOTE: Definitions.>>  For purposes of this note, the 
following terms have the following meanings:
            ``(i) The term `treated with plastics' refers to textile 
        fabrics impregnated, coated, covered or laminated with plastics, 
        as described in note 2 to chapter 59.
            ``(ii) The term `sealed seams' means seams that have been 
        covered by means of taping, gluing, bonding, cementing, fusing, 
        welding or a similar process so that air and water cannot pass 
        through the seams when tested in accordance with the current 
        version of AATCC Test Method 35.
            ``(iii) The term `critically sealed seams' means--
                    ``(A) for jackets, windbreakers and similar articles 
                (including padded, sleeveless jackets), sealed seams 
                that are sealed at the front and back yokes, or at the 
                shoulders, arm holes, or both, where applicable; and
                    ``(B) for trousers, overalls and bib and brace 
                overalls and similar articles, sealed seams that are 
                sealed at the front (up to the zipper or other means of 
                closure) and back rise.
            ``(iv) The term `insulation for cold weather protection' 
        means insulation that meets a minimum clo value of 1.5 per ASTM 
        F 2732.
            ``(v) The term `venting' refers to closeable or permanent 
        constructed openings in a garment (excluding front, primary 
        zipper closures and grommet(s)) to allow increased expulsion of 
        built-up heat during outdoor activities. In a jacket, such 
        openings are often positioned on the underarm seam of a garment 
        but may also be placed along other seams in the front or back of 
        a garment. In trousers, such openings are often positioned on 
        the inner or outer leg seams of a garment but may also be placed 
        along other seams in the front or back of a garment.
            ``(vi) The term `articulated elbows or knees' refers to the 
        construction of a sleeve (or pant leg) to allow improved 
        mobility at the elbow (or knee) through the use of extra seams, 
        darts, gussets or other means.

[[Page 130 STAT. 242]]

            ``(vii) The term `reinforcement' refers to the use of a 
        double layer of fabric or section(s) of fabric that is abrasion-
        resistant or otherwise more durable than the face fabric of the 
        garment.
            ``(viii) The term `weatherproof closure' means a closure 
        (including, but not limited to, laminated or coated zippers, 
        storm flaps or other weatherproof construction) that has been 
        reinforced or engineered in a manner to reduce the penetration 
        or absorption of moisture or air through an opening in the 
        garment.
            ``(ix) The term `multi-adjustable hood or adjustable collar' 
        means, in the case of a hood, a hood into which is incorporated 
        two or more draw cords, adjustment tabs or elastics, or, in the 
        case of a collar, a collar into which is incorporated at least 
        one draw cord, adjustment tab, elastic or similar component, to 
        allow volume adjustments around a helmet, or the crown of the 
        head, neck or face.
            ``(x) The terms `adjustable powder skirt' and `inner 
        protective skirt' refer to a partial lower inner lining with 
        means of tightening around the waist for additional protection 
        from the elements.
            ``(xi) The term `arm gusset' means construction at the arm 
        of a gusset that utilizes an extra fabric piece in the underarm, 
        usually diamond- or triangular-shaped, designed or patterned to 
        allow radial arm movement.
            ``(xii) The term `radial arm movement' refers to 
        unrestricted, 180-degree range of motion for the arm while 
        wearing performance outerwear.
            ``(xiii) The term `odor control technology' means the 
        incorporation into a fabric or garment of materials, including, 
        but not limited to, activated carbon, silver, copper or any 
        combination thereof, capable of adsorbing, absorbing or reacting 
        with human odors, or effective in reducing the growth of odor-
        causing bacteria.
            ``(xiv) The term `occupational outerwear' means outerwear 
        garments, including uniforms, of a kind principally used in the 
        work place and specially designed to provide protection from 
        work place hazards such as fire, electrical, abrasion or 
        chemical hazards, or impacts, cuts and punctures.

    ``(c) <<NOTE: Records.>>  The importer of goods entered as 
`recreational performance outerwear' under a particular subheading of 
this chapter shall maintain records demonstrating that the entered goods 
meet the terms of this note, including such information as is necessary 
to demonstrate the presence of the specific features that render the 
goods eligible for classification as `recreational performance 
outerwear'.''.

    (c) Tariff Classifications.--Chapter 62 of the Harmonized Tariff 
Schedule of the United States is amended as follows:
            (1)(A) By striking subheadings 6201.91.10 through 6201.91.20 
        and inserting the following, with the superior text to 
        subheading 6201.91.03 having the same degree of indentation as 
        the article description for subheading 6201.91.10 (as in effect 
        on the day before the effective date of this section):


``      ................  Recreational        ..................  ..................  ......................
                           performance
                           outerwear:
 

[[Page 130 STAT. 243]]

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


            (B) <<NOTE: Applicability.>>  The staged reductions in the 
        special rate of duty proclaimed for subheading 6201.91.10 of the 
        Harmonized Tariff Schedule of the United States before the 
        effective date of this section shall apply to subheadings 
        6201.91.03 and 6201.91.25 of such Schedule, as added by 
        subparagraph (A), on and after such effective date.

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


``      .................  Recreational         ...................  ...................  ..................
                            performance
                            outerwear:
 

[[Page 130 STAT. 244]]

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


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


``     ................  Recreational        ..................  ...................  ......................
                          performance
                          outerwear:
 

[[Page 130 STAT. 245]]

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

[[Page 130 STAT. 246]]

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


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


``      .................  Recreational         ...................  ...................  ..................
                            performance
                            outerwear:
 

[[Page 130 STAT. 247]]

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


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


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


            (B) <<NOTE: Applicability.>>  The staged reductions in the 
        special rate of duty proclaimed for subheading 6202.91.10 of the 
        Harmonized Tariff

[[Page 130 STAT. 248]]

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


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

[[Page 130 STAT. 249]]

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


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


``     ................  Recreational        ..................  ...................  ......................
                          performance
                          outerwear:
       6202.93.01          Containing 15     4.4%                Free (AU, BH, CA,    60%
                            percent or more                       CL, CO, IL, JO,
                            by weight of                          KR, MA, MX, OM, P,
                            down and                              PA, PE, SG)
                            waterfowl
                            plumage and of
                            which down
                            comprises 35
                            percent or more
                            by weight;
                            containing 10
                            percent or more
                            by weight of
                            down...........
       ................    Other:            ..................  ...................  ......................
       6202.93.03           Padded,          14.9%               Free (AU, BH, CA,    76%
                             sleeveless                           CL, CO, IL, JO,
                             jackets.......                       KR, MA, MX, OM, P,
                                                                  PA, PE, SG)
 

[[Page 130 STAT. 250]]

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

[[Page 130 STAT. 251]]

 
       ................      Other:          ..................  ...................  ......................
       6202.93.48             Water          7.1%                Free (AU, BH, CA,    65%
                               resistant...                       CL, CO, IL, JO,
                                                                  KR, MA, MX, OM, P,
                                                                  PA, PE, SG)
       6202.93.55             Other........  27.7%               Free (AU, BH, CA,    90%                     ''
                                                                  CL, CO, IL, JO,                              .
                                                                  KR, MA, MX, OM, P,
                                                                  PA, PE, SG)


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


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


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


``     6203.41           Of wool or fine     ..................  ...................  ......................
                          animal hair:
       ................    Recreational      ..................  ...................  ......................
                            performance
                            outerwear:
       ................      Trousers,       ..................  ...................  ......................
                             breeches and
                             shorts:
 

[[Page 130 STAT. 252]]

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

[[Page 130 STAT. 253]]

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


            (B) The staged reductions in the special rate of duty 
        proclaimed for subheading 6203.41.05 of the Harmonized Tariff 
        Schedule of the United States before the effective date of this 
        section shall apply to subheadings 6203.41.01 and 6203.41.25

[[Page 130 STAT. 254]]

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


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

[[Page 130 STAT. 255]]

 
        6203.42.25            Bib and brace     10.3%                Free (AU,BH, CA,     90%
                               overalls.......                        CL,CO, IL, JO,KR,
                                                                      MA,MX,OM, P,
                                                                      PA,PE, SG)
        6203.42.45            Other...........  16.6%                Free (AU,BH, CA,     90%                 ''
                                                                      CL,CO, IL, JO, MA,                       .
                                                                      MX, OM, P, PA,PE,
                                                                      SG)
                                                                     9.9% (KR)


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


``     ................  Recreational        ..................  .......................  ................  ....
                          performance
                          outerwear:.......
       6203.43.01          Containing 15     Free                .......................  60%               ....
                            percent or more
                            by weight of
                            down and
                            waterfowl
                            plumage and of
                            which down
                            comprises 35
                            percent or more
                            by weight;
                            containing 10
                            percent or more
                            by weight of
                            down...........
       ................    Other:            ..................  .......................  ................  ....
       ................     Bib and brace    ..................  .......................  ................  ....
                             overalls:.....
       6203.43.03            Water           7.1%                Free (AU,BH, CA, CL,     65%               ....
                              resistant....                       CO, IL, JO, KR,
                                                                  MA,MX,OM, P, PA,PE,SG)
       6203.43.05            Other.........  14.9%               Free (AU,BH, CA, CL,     76%               ....
                                                                  CO, IL, JO, KR, MA,
                                                                  MX,OM, P, PA, PE,SG)
         ..............     Other:           ..................  .......................  ................  ....
       6203.43.09          Containing 36     49.6 cents/kg +     Free (AU,BH, CA, CL,     52.9 cents/kg +   ....
                            percent or more   19.7%               CO, IL, JO, KR, MA,      58.5%
                            by weight of                          MX,OM, P, PA,PE,SG)
                            wool or fine
                            animal hair....
       ................      Other:          ..................  .......................  ................  ....
 

[[Page 130 STAT. 256]]

 
       6203.43.11             Water          7.1%                Free (AU,BH, CA, CL,     65%               ....
                               resistant                          CO, IL, JO, MA, MX,OM,
                               trousers or                        P, PA,PE,SG)
                               breeches....                      1.4% (KR)
       6203.43.13             Other........  27.9%               Free (AU,BH, CA, CL,     90%               ....
                                                                  CO, IL, JO, MA, MX,OM,
                                                                  P, PA, PE,SG)
                                                                 5.5% (KR)
       ................  Other:              ..................  .......................  ................  ....
       6203.43.45          Containing 15     Free                .......................  60%               ....
                            percent or more
                            by weight of
                            down and
                            waterfowl
                            plumage and of
                            which down
                            comprises 35
                            percent or more
                            by weight;
                            containing 10
                            percent or more
                            by weight of
                            down...........
       ................    Other:            ..................  .......................  ................  ....
       ................     Bib and brace    ..................  .......................  ................  ....
                             overalls:.....
       6203.43.55            Water           7.1%                Free (AU,BH, CA, CL,     65%               ....
                              resistant....                       CO, IL, JO, KR, MA,
                                                                  MX,OM, P, PA, PE,SG)
       6203.43.60            Other.........  14.9%               Free (AU,BH, CA, CL,     76%               ....
                                                                  CO,IL,JO, KR, MA,
                                                                  MX,OM, P, PA, PE,SG)
       ................     Other:           ..................  .......................  ................  ....
       6203.43.65            Certified hand- 12.2%               Free (AU,BH, CA, CL,     76%               ....
                              loomed and                          CO, IL, JO, KR, MA,
                              folklore                            MX,OM, P, PA, PE,SG)
                              products.....
       ................      Other:          ..................  .......................  ................  ....
       6203.43.70             Containing 36  49.6 cents/kg +     Free (AU,BH, CA, CL,     52.9 cents/kg +   ....
                               percent or     19.7%               CO, IL, JO, KR, MA,      58.5%
                               more by                            MX,OM, P, PA, PE,SG)
                               weight of
                               wool or fine
                               animal hair.
       ................       Other:         ..................  .......................  ................  ....
 

[[Page 130 STAT. 257]]

 
       6203.43.75              Water         7.1%                Free (AU,BH, CA, CL,     65%               ....
                                resistant                         CO, IL, JO, MA, MX,OM,
                                trousers or                       P, PA,PE,SG)
                                breeches...                      1.4% (KR)
       6203.43.90              Other.......  27.9%               Free (AU,BH, CA, CL,     90%               ''.
                                                                  CO, IL, JO, MA, MX,OM,
                                                                  P, PA, PE,SG)
                                                                  5.5% (KR)


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


``     ................  Recreational        ..................  .......................  ..................
                          performance
                          outerwear:
       ................    Of artificial     ..................  .......................  ..................
                            fibers:
       6203.49.01           Bib and brace    8.5%                Free (AU,BH, CA, CL,     76%
                             overalls......                       CO, IL,JO, KR, MA,
                                                                  MX,OM, P, PA,PE, SG)
       6203.49.05           Trousers,        27.9%               Free (AU,BH, CA, CL,     90%
                             breeches and                         CO, IL,JO, KR, MA,
                             shorts........                       MX,OM, P,PA,PE, SG)
       ................    Of other textile  ..................  .......................  ..................
                            materials:.....
       6203.49.07           Containing 70    Free                .......................  35%
                             percent or
                             more by weight
                             of silk or
                             silk waste....
 

[[Page 130 STAT. 258]]

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


            (B) <<NOTE: Applicability.>>  The staged reductions in the 
        special rate of duty proclaimed for subheading 6203.49.80 of the 
        Harmonized Tariff Schedule of the United States before the 
        effective date of this section shall apply to subheadings 
        6203.49.09 and 6203.49.90 of such Schedule, as added by 
        subparagraph (A), on and after such effective date.

   <<NOTE: Applicability.>> 
            (13)(A) <<NOTE: >>  By striking subheadings 6204.61.10 
        through 6204.61.90 and inserting the following, with the 
        superior text to subheading 6204.61.05 having the same degree of 
        indentation as the article description for subheading 6204.61.10 
        (as in effect on the day before the effective date of this 
        section):


``      .................  Recreational         ...................  ...................  ..................
                            performance
                            outerwear:
 

[[Page 130 STAT. 259]]

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


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


``      .................  Recreational         ...................  ...................  ..................
                            performance
                            outerwear:
 

[[Page 130 STAT. 260]]

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


            (B) <<NOTE: Applicability.>>  The staged reductions in the 
        special rate of duty proclaimed for subheading 6204.62.40 of the 
        Harmonized Tariff Schedule of the United States before the 
        effective date of this section shall apply to subheadings 
        6204.62.15 and 6204.62.80

[[Page 130 STAT. 261]]

        of such Schedule, as added by subparagraph (A), on and after 
        such effective date.
            (15)(A) By striking subheadings 6204.63.10 through 
        6204.63.35 and inserting the following, with the superior text 
        to subheading 6204.63.01 having the same degree of indentation 
        as the article description for subheading 6204.63.10 (as in 
        effect on the day before the effective date of this section):


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

[[Page 130 STAT. 262]]

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


            (B) <<NOTE: Applicability.>>  The staged reductions in the 
        special rate of duty proclaimed for subheading 6204.63.35 of the 
        Harmonized Tariff Schedule of the United States before the 
        effective date of this section shall apply to subheadings 
        6204.63.11 and 6204.63.90

[[Page 130 STAT. 263]]

        of such Schedule, as added by subparagraph (A), on and after 
        such effective date.
            (16) By striking subheadings 6204.69.10 through 6204.69.90 
        and the immediate superior text to subheading 6204.69.10, and 
        inserting the following, with the first superior text having the 
        same degree of indentation as the article description of 
        subheading 6204.69.10 (as in effect on the day before the date 
        of enactment of this Act):


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

[[Page 130 STAT. 264]]

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


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


``      .................  Recreational         ...................  ...................  ..................
                            performance
                            outerwear:
        .................    Of man-made        ...................  ...................  ..................
                              fibers:
 

[[Page 130 STAT. 265]]

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

[[Page 130 STAT. 266]]

 
        .................    Other:             ...................  ...................  ..................
        6210.40.75            Having an outer   3.3%                 Free (AU, BH, CA,    37.5%
                               surface                                CL, CO, E, IL, JO,
                               impregnated,                           KR, MA, MX, OM, P,
                               coated, covered                        PA, PE, SG)
                               or laminated
                               with rubber or
                               plastics
                               material which
                               completely
                               obscures the
                               underlying
                               fabric.........
        6210.40.80            Other...........  6.2%                 Free (AU, BH, CA,    37.5%               ''
                                                                      CL, CO, E*, IL,                          .
                                                                      JO, KR, MA, MX,
                                                                      OM, P, PA, PE, SG)
 


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


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

[[Page 130 STAT. 267]]

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

[[Page 130 STAT. 268]]

 
        6210.50.80            Other...........  6.2%                 Free (AU, BH, CA,    37.5%               ''
                                                                      CL, CO, E*, IL,                          .
                                                                      JO, KR, MA, MX,
                                                                      OM, P, PA, PE, SG)
 


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


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


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


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


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


[[Page 130 STAT. 269]]



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


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


``      6211.42            Of cotton:           ...................  ...................  ..................
 

[[Page 130 STAT. 270]]

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


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


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


            (B) <<NOTE: Applicability.>>  The staged reductions in the 
        special rate of duty proclaimed for subheading 6211.43.00 of the 
        Harmonized Tariff Schedule of the United States before the 
        effective date of this section shall apply to subheadings 
        6211.43.05 and 6211.43.10 of such Schedule, as added by 
        subparagraph (A), on and after such effective date.

   <<NOTE: Applicability.>> 
            (24)(A) <<NOTE: >>  By striking subheadings 6211.49.10 
        through 6211.49.90 and inserting the following, with the first 
        superior text having the same degree of indentation as the 
        article description for subheading 6211.49.90 (as in effect on 
        the day before the effective date of this section):


``      .................  Recreational         ...................  ...................  ..................
                            performance
                            outerwear:
        6211.49.03           Containing 70      1.2%                 Free (AU, BH, CA,    35%
                              percent or more                         CL, CO, E, IL, JO,
                              by weight of                            KR, MA, MX, OM, P,
                              silk or silk                            PA,PE, SG)
                              waste...........
 

[[Page 130 STAT. 271]]

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


            (B) The staged reductions in the special rate of duty 
        proclaimed for subheading 6211.49.41 of the Harmonized Tariff 
        Schedule of the United States before the effective date of this 
        section shall apply to subheadings 6211.49.15 and 6211.49.60 of 
        such Schedule, as added by subparagraph (A), on and after such 
        effective date.
            (C) The staged reductions in the special rate of duty 
        proclaimed for subheading 6211.49.90 of such Schedule before the 
        effective date of this section shall apply to subheadings 
        6211.49.25 and 6211.49.80 of such Schedule, as added by 
        subparagraph (A), on and after such effective date.

    (d) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        section and the amendments made by this section--
                    (A) shall take effect on the 180th day after the 
                date of the enactment of this Act; and
                    (B) <<NOTE: Applicability.>>  shall apply to 
                articles entered, or withdrawn from warehouse for 
                consumption, on or after such 180th day.
            (2) Subsection (a).--Subsection (a) shall take effect on the 
        date of the enactment of this Act.

[[Page 130 STAT. 272]]

SEC. 913. MODIFICATIONS TO DUTY TREATMENT OF PROTECTIVE ACTIVE 
                        FOOTWEAR.

    (a) In General.--Chapter 64 of the Harmonized Tariff Schedule of the 
United States is amended--
            (1) by redesignating the Additional U.S. Note added by 
        section 602(a) of the Trade Preferences Extension Act of 2015 
        (Public Law 114-27; 129 Stat. 413) as Additional U.S. Note 6;
            (2) in subheading 6402.91.42, by striking the matter in the 
        column 1 special rate of duty column and inserting the 
        following: ``Free (AU, BH, CA, CL, D, IL, JO, MA, MX, P, R, SG) 
        1%(PA) 6%(OM) 6%(PE) 12%(CO) 20%(KR)''; and
            (3) in subheading 6402.99.32, by striking the matter in the 
        column 1 special rate of duty column and inserting the 
        following: ``Free (AU, BH, CA, CL, D, IL, JO, MA, MX, P, R, SG) 
        1%(PA) 6%(OM) 6%(PE) 12%(CO) 20%(KR)''.

    (b) Staged Rate Reductions.--Section 602(c) of the Trade Preferences 
Extension Act of 2015 (Public Law 114-27; 129 Stat. 414) is amended to 
read as follows:
    ``(c) <<NOTE: Effective date.>>  Staged Rate Reductions.--Beginning 
in calendar year 2016, the staged reductions in special rates of duty 
proclaimed before the date of the enactment of this Act--
            ``(1) for subheading 6402.91.90 of the Harmonized Tariff 
        Schedule of the United States shall be applied to subheading 
        6402.91.42 of such Schedule, as added by subsection (b)(1); and
            ``(2) for subheading 6402.99.90 of such Schedule shall be 
        applied to subheading 6402.99.32 of such Schedule, as added by 
        subsection (b)(2).''.

    (c) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        take effect as if included in the enactment of the Trade 
        Preferences Extension Act of 2015 (Public Law 114-27; 129 Stat. 
        362).
            (2) Retroactive application for certain liquidations and 
        reliquidations.--
                    (A) In general.--Notwithstanding section 514 of the 
                Tariff Act of 1930 (19 U.S.C. 1514) or any other 
                provision of law and subject to subparagraph (B), any 
                entry of an article classified under subheading 
                6402.91.42 or 6402.99.32 of the Harmonized Tariff 
                Schedule of the United States, that--
                          (i) was made--
                                    (I) after the effective date 
                                specified in section 602(d) of the Trade 
                                Preferences Extension Act of 2015 
                                (Public Law 114-27; 129 Stat. 414), and
                                    (II) before the date of the 
                                enactment of this Act, and
                          (ii) to which a lower rate of duty would be 
                      applicable if the entry were made after such date 
                      of enactment,
                shall be liquidated or reliquidated as though such entry 
                occurred on such date of enactment.
                    (B) <<NOTE: Deadline.>>  Requests.--A liquidation or 
                reliquidation may be made under subparagraph (A) with 
                respect to an entry only if a request therefor is filed 
                with U.S. Customs and Border Protection not later than 
                180 days after the date

[[Page 130 STAT. 273]]

                of the enactment of this Act that contains sufficient 
                information to enable U.S. Customs and Border 
                Protection--
                          (i) to locate the entry; or
                          (ii) to reconstruct the entry if it cannot be 
                      located.
                    (C) <<NOTE: Deadline.>>  Payment of amounts owed.--
                Any amounts owed by the United States pursuant to the 
                liquidation or reliquidation of an entry of an article 
                under subparagraph (A) shall be paid, without interest, 
                not later than 90 days after the date of the liquidation 
                or reliquidation (as the case may be).
SEC. 914. AMENDMENTS TO BIPARTISAN CONGRESSIONAL TRADE PRIORITIES 
                        AND ACCOUNTABILITY ACT OF 2015.

    (a) Immigration Laws of the United States.--Section 102(a) of the 
Bipartisan Congressional Trade Priorities and Accountability Act of 2015 
(Public Law 114-26; 19 U.S.C. 4201(a)) is amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) in paragraph (13), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(14) to ensure that trade agreements do not require 
        changes to the immigration laws of the United States or obligate 
        the United States to grant access or expand access to visas 
        issued under section 101(a)(15) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(15)).''.

    (b) Greenhouse Gas Emissions Measures.--Section 102(a) of the 
Bipartisan Congressional Trade Priorities and Accountability Act of 2015 
(Public Law 114-26; 19 U.S.C. 4201(a)), as amended by subsection (a) of 
this section, is further amended--
            (1) in paragraph (13), by striking ``and'' at the end;
            (2) in paragraph (14), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(15) to ensure that trade agreements do not establish 
        obligations for the United States regarding greenhouse gas 
        emissions measures, including obligations that require changes 
        to United States laws or regulations or that would affect the 
        implementation of such laws or regulations, other than those 
        fulfilling the other negotiating objectives in this section.''.

    (c) Fisheries Negotiations.--Section 102(b) of the Bipartisan 
Congressional Trade Priorities and Accountability Act of 2015 (Public 
Law 114-26; 19 U.S.C. 4201(b)) is amended by adding at the end the 
following:
            ``(22) Fisheries negotiations.--The principal negotiating 
        objectives of the United States with respect to trade in fish, 
        seafood, and shellfish products are--
                    ``(A) to obtain competitive opportunities for United 
                States exports of fish, seafood, and shellfish products 
                in foreign markets substantially equivalent to the 
                competitive opportunities afforded foreign exports of 
                fish, seafood, and shellfish products in United States 
                markets and to achieve fairer and more open conditions 
                of trade in fish, seafood, and shellfish products, 
                including by reducing or eliminating tariff and 
                nontariff barriers;
                    ``(B) to eliminate fisheries subsidies that distort 
                trade, including subsidies of the type referred to in 
                paragraph

[[Page 130 STAT. 274]]

                9 of Annex D to the Ministerial Declaration adopted by 
                the World Trade Organization at the Sixth Ministerial 
                Conference at Hong Kong, China on December 18, 2005;
                    ``(C) to pursue transparency in fisheries subsidies 
                programs; and
                    ``(D) to address illegal, unreported, and 
                unregulated fishing.''.

    (d) Accreditation.--Section 104 of the Bipartisan Congressional 
Trade Priorities and Accountability Act of 2015 (Public Law 114-26; 19 
U.S.C. 4203) is amended--
            (1) in subsection (b)(3), by striking ``an official'' and 
        inserting ``a delegate and official''; and
            (2) in subsection (c)(2)(C)--
                    (A) by striking ``an official'' each place it 
                appears and inserting ``a delegate and official''; and
                    (B) by inserting after the first sentence the 
                following: ``In addition, the chairmen and ranking 
                members described in subparagraphs (A)(i) and (B)(i) 
                shall each be permitted to designate up to 3 personnel 
                with proper security clearances to serve as delegates 
                and official advisers to the United States delegation in 
                negotiations for any trade agreement to which this title 
                applies.''.

    (e) Trafficking in Persons.--
            (1) In general.--Section 106(b)(6) of the Bipartisan 
        Congressional Trade Priorities and Accountability Act of 2015 
        (Public Law 114-26; 19 U.S.C. 4205(b)(6)) is amended by striking 
        subparagraph (B) and inserting the following:
                    ``(B) Exception.--
                          ``(i) <<NOTE: President.>>  Invoking 
                      exception.--If the President submits to the 
                      appropriate congressional committees a letter 
                      stating that a country to which subparagraph (A) 
                      applies has taken concrete actions to implement 
                      the principal recommendations with respect to that 
                      country in the most recent annual report on 
                      trafficking in persons, the prohibition under 
                      subparagraph (A) shall not apply with respect to a 
                      trade agreement or trade agreements with that 
                      country.
                          ``(ii) Content of letter; public 
                      availability.--A letter submitted under clause (i) 
                      with respect to a country shall--
                                    ``(I) include a description of the 
                                concrete actions that the country has 
                                taken to implement the principal 
                                recommendations described in clause (i);
                                    ``(II) <<NOTE: Records.>>  be 
                                accompanied by supporting documentation 
                                providing credible evidence of each such 
                                concrete action, including copies of 
                                relevant laws or regulations adopted or 
                                modified, and any enforcement actions 
                                taken, by that country, where 
                                appropriate; and
                                    ``(III) be made available to the 
                                public.
                    ``(C) <<NOTE: Deadlines. President.>>  Special rule 
                for changes in certain determinations.--If a country is 
                listed as a tier 3 country in an annual report on 
                trafficking in persons submitted in calendar year 2014 
                or any calendar year thereafter and, in the annual 
                report on trafficking in persons submitted in the next 
                calendar year, is listed on the tier 2 watch

[[Page 130 STAT. 275]]

                list, the President shall submit a detailed description 
                of the credible evidence supporting the change in 
                listing of the country, accompanied by copies of 
                documents providing such evidence, where appropriate, to 
                the appropriate congressional committees--
                          ``(i) in the case of a change in listing 
                      reflected in the annual report on trafficking in 
                      persons submitted in calendar year 2015, not later 
                      than 90 days after the date of the enactment of 
                      the Trade Facilitation and Trade Enforcement Act 
                      of 2015; and
                          ``(ii) in the case of a change in listing 
                      reflected in an annual report on trafficking in 
                      persons submitted in calendar year 2016 or any 
                      calendar year thereafter, not later than 90 days 
                      after the submission of that report.
                    ``(D) Sense of congress.--It is the sense of 
                Congress that the integrity of the process for making 
                the determinations in the annual report on trafficking 
                in persons, including determinations with respect to 
                country rankings and the substance of the assessments in 
                the report, should be respected and not affected by 
                unrelated considerations.
                    ``(E) Definitions.--In this paragraph:
                          ``(i) Annual report on trafficking in 
                      persons.--The term `annual report on trafficking 
                      in persons' means the annual report on trafficking 
                      in persons required under section 110(b)(1) of the 
                      Trafficking Victims Protection Act of 2000 (22 
                      U.S.C. 7107(b)(1)).
                          ``(ii) Appropriate congressional committees.--
                      The term `appropriate congressional committees' 
                      means--
                                    ``(I) the Committee on Ways and 
                                Means and the Committee on Foreign 
                                Affairs of the House of Representatives; 
                                and
                                    ``(II) the Committee on Finance and 
                                the Committee on Foreign Relations of 
                                the Senate.
                          ``(iii) Tier 2 watch list.--The term `tier 2 
                      watch list' means the list of countries required 
                      under section 110(b)(2)(A)(iii) of the Trafficking 
                      Victims Protection Act of 2000 (22 U.S.C. 
                      7107(b)(2)(A)(iii)).
                          ``(iv) Tier 3 country.--The term `tier 3 
                      country' means a country on the list of countries 
                      required under section 110(b)(1)(C) of the 
                      Trafficking Victims Protection Act of 2000 (22 
                      U.S.C. 7107(b)(1)(C)).''.
            (2) Conforming amendment.--Section 106(b)(6)(A) of the 
        Bipartisan Congressional Trade Priorities and Accountability Act 
        of 2015 (Public Law 114-26; 19 U.S.C. 4205(b)(6)(A)) is amended 
        by striking ``to which the minimum'' and all that follows 
        through ``7107(b)(1))'' and inserting ``listed as a tier 3 
        country in the most recent annual report on trafficking in 
        persons''.

    (f) Technical Amendments.--The Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015 is amended--
            (1) in section 105(b)(3) (Public Law 114-26; 129 Stat. 346; 
        19 U.S.C. 4204(b)(3))--
                    (A) in subparagraph (A)(ii), by striking ``section 
                102(b)(16)'' and inserting ``section 102(b)(17)''; and

[[Page 130 STAT. 276]]

                    (B) in subparagraph (B)(ii), by striking ``section 
                102(b)(16)'' and inserting ``section 102(b)(17)''; and
            (2) in section 106(b)(5) (Public Law 114-26; 129 Stat. 354; 
        19 U.S.C. 4205(b)(5)), by striking ``section 102(b)(15)(C)'' and 
        inserting ``section 102(b)(16)(C)''.

    (g) <<NOTE: 19 USC 4201 note.>>  Effective Date.--The amendments 
made by this section shall take effect as if included in the enactment 
of the Bipartisan Congressional Trade Priorities and Accountability Act 
of 2015 (Public Law 114-26; 129 Stat. 320; 19 U.S.C. 4201 et seq.).
SEC. 915. <<NOTE: 19 USC 4454.>>  TRADE PREFERENCES FOR NEPAL.

    (a) Findings.--Congress makes the following findings:
            (1) Nepal is among the least developed countries in the 
        world, with a per capita gross national income of $730 in 2014.
            (2) Nepal suffered a devastating earthquake in April 2015, 
        with subsequent aftershocks. More than 9,000 people died and 
        approximately 23,000 people were injured.

    (b) Eligibility Requirements.--
            (1) <<NOTE: President. Determination.>>  In general.--The 
        President may authorize the provision of preferential treatment 
        under this section to articles that are imported directly from 
        Nepal into the customs territory of the United States pursuant 
        to subsection (c) if the President determines--
                    (A) that Nepal meets the requirements set forth in 
                paragraphs (1), (2), and (3) of section 104(a) of the 
                African Growth and Opportunity Act (19 U.S.C. 3703(a)); 
                and
                    (B) after taking into account the factors set forth 
                in paragraphs (1) through (7) of subsection (c) of 
                section 502 of the Trade Act of 1974 (19 U.S.C. 2462), 
                that Nepal meets the eligibility requirements of such 
                section 502.
            (2) Withdrawal, suspension, or limitation of preferential 
        treatment; mandatory graduation.--The <<NOTE: Applicability.>>  
        provisions of subsections (d) and (e) of section 502 of the 
        Trade Act of 1974 (19 U.S.C. 2462) shall apply with respect to 
        Nepal to the same extent and in the same manner as such 
        provisions apply with respect to beneficiary developing 
        countries under title V of that Act (19 U.S.C. 2461 et seq.).

    (c) Eligible Articles.--
            (1) In general.--An article described in paragraph (2) may 
        enter the customs territory of the United States free of duty.
            (2) Articles described.--
                    (A) In general.--An article is described in this 
                paragraph if--
                          (i)(I) the article is the growth, product, or 
                      manufacture of Nepal; and
                          (II) in the case of a textile or apparel 
                      article, Nepal is the country of origin of the 
                      article, as determined under section 102.21 of 
                      title 19, Code of Federal Regulations (as in 
                      effect on the day before the date of the enactment 
                      of this Act);
                          (ii) the article is imported directly from 
                      Nepal into the customs territory of the United 
                      States;
                          (iii) the article is classified under any of 
                      the following subheadings of the Harmonized Tariff 
                      Schedule

[[Page 130 STAT. 277]]

                      of the United States (as in effect on the day 
                      before the date of the enactment of this Act):


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


                          (iv) <<NOTE: President. Determination.>>  the 
                      President determines, after receiving the advice 
                      of the United States International Trade 
                      Commission in accordance with section 503(e) of 
                      the Trade Act of 1974 (19 U.S.C. 2463(e)), that 
                      the article is not import-sensitive in the context 
                      of imports from Nepal; and
                          (v) subject to subparagraph (C), the sum of 
                      the cost or value of the materials produced in, 
                      and the direct costs of processing operations 
                      performed in, Nepal or the customs territory of 
                      the United States is not less than 35 percent of 
                      the appraised value of the article at the time it 
                      is entered.
                    (B) Exclusions.--An article shall not be treated as 
                the growth, product, or manufacture of Nepal for 
                purposes of subparagraph (A)(i)(I) by virtue of having 
                merely undergone--
                          (i) simple combining or packaging operations; 
                      or
                          (ii) mere dilution with water or mere dilution 
                      with another substance that does not materially 
                      alter the characteristics of the article.
                    (C) Limitation on united states cost.--For purposes 
                of subparagraph (A)(v), the cost or value of materials 
                produced in, and the direct costs of processing 
                operations performed in, the customs territory of the 
                United States and attributed to the 35-percent 
                requirement under that subparagraph may not exceed 15 
                percent of the appraised value of the article at the 
                time it is entered.
            (3) Verification with respect to transshipment for textile 
        and apparel articles.--

[[Page 130 STAT. 278]]

                    (A) <<NOTE: Deadlines.>>  In general.--Not later 
                than January 1, April 1, July 1, and October 1 of each 
                calendar year, the Commissioner shall verify that 
                textile and apparel articles imported from Nepal to 
                which preferential treatment is extended under this 
                section are not being unlawfully transshipped into the 
                United States.
                    (B) <<NOTE: Determination.>>  Report to president.--
                If the Commissioner determines under subparagraph (A) 
                that textile and apparel articles imported from Nepal to 
                which preferential treatment is extended under this 
                section are being unlawfully transshipped into the 
                United States, the Commissioner shall report that 
                determination to the President.

    (d) Trade Facilitation and Capacity Building.--
            (1) Findings.--Congress makes the following findings:
                    (A) As a land-locked least-developed country, Nepal 
                has severe challenges reaching markets and developing 
                capacity to export goods. As of 2015, exports from Nepal 
                are approximately $800,000,000 per year, with India the 
                major market at $450,000,000 annually. The United States 
                imports about $80,000,000 worth of goods from Nepal, or 
                10 percent of the total goods exported from Nepal.
                    (B) The World Bank has found evidence that the 
                overall export competitiveness of Nepal has been 
                declining since 2005. Indices compiled by the World Bank 
                and the Organization for Economic Co-operation and 
                Development found that export costs in Nepal are high 
                with respect to both air cargo and container shipments 
                relative to other low-income countries. Such indices 
                also identify particular weaknesses in Nepal with 
                respect to automation of customs and other trade 
                functions, involvement of local exporters and importers 
                in preparing regulations and trade rules, and export 
                finance.
                    (C) Implementation by Nepal of the Agreement on 
                Trade Facilitation of the World Trade Organization could 
                directly address some of the weaknesses described in 
                subparagraph (B).
            (2) <<NOTE: Deadline. President. Consultation.>>  
        Establishment of trade facilitation and capacity building 
        program.--Not later than 180 days after the date of the 
        enactment of this Act, the President shall, in consultation with 
        the Government of Nepal, establish a trade facilitation and 
        capacity building program for Nepal--
                    (A) to enhance the central export promotion agency 
                of Nepal to support successful exporters and to build 
                awareness among potential exporters in Nepal about 
                opportunities abroad and ways to manage trade 
                documentation and regulations in the United States and 
                other countries;
                    (B) to provide export finance training for financial 
                institutions in Nepal and the Government of Nepal;
                    (C) <<NOTE: Web posting.>>  to assist the Government 
                of Nepal in maintaining publication on the Internet of 
                all trade regulations, forms for exporters and 
                importers, tax and tariff rates, and other documentation 
                relating to exporting goods and developing a robust 
                public-private dialogue, through its National Trade 
                Facilitation Committee, for Nepal to identify timelines 
                for implementation of key reforms and solutions, as 
                provided for under the Agreement on Trade Facilitation 
                of the World Trade Organization; and

[[Page 130 STAT. 279]]

                    (D) to increase access to guides for importers and 
                exporters, through publication of such guides on the 
                Internet, including rules and documentation for United 
                States tariff preference programs.

    (e) <<NOTE: President. Review.>>  Reporting Requirement.--Not later 
than one year after the date of the enactment of this Act, and annually 
thereafter, the President shall monitor, review, and report to Congress 
on the implementation of this section, the compliance of Nepal with 
subsection (b)(1), and the trade and investment policy of the United 
States with respect to Nepal.

    (f) Termination of Preferential Treatment.--No preferential 
treatment extended under this section shall remain in effect after 
December 31, 2025.
    (g) Effective Date.--The provisions of this section shall take 
effect on the date that is 30 days after the date of the enactment of 
this Act.
SEC. 916. AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION MEMBERS 
                        TO REDUCE RATES OF DUTY ON CERTAIN 
                        ENVIRONMENTAL GOODS.

    Section 107 of the Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015 (Public Law 114-26; 19 U.S.C. 4206) is 
amended by adding at the end the following:
    ``(c) Agreement by Asia-Pacific Economic Cooperation Members to 
Reduce Rates of Duty on Certain Environmental Goods.--
Notwithstanding <<NOTE: President. Notification. Negotiations.>>  the 
notification requirement described in section 103(a)(2), the President 
may exercise the proclamation authority provided for in section 
103(a)(1)(B) to implement an agreement by members of the Asia-Pacific 
Economic Cooperation (APEC) to reduce any rate of duty on certain 
environmental goods included in Annex C of the APEC Leaders Declaration 
issued on September 9, 2012, if (and only if) the President, as soon as 
feasible after the date of the enactment of the Trade Facilitation and 
Trade Enforcement Act of 2015, and before exercising proclamation 
authority under section 103(a)(1)(B), notifies Congress of the 
negotiations relating to the agreement and the specific United States 
objectives in the negotiations.''.
SEC. 917. AMENDMENT TO TARIFF ACT OF 1930 TO REQUIRE COUNTRY OF 
                        ORIGIN MARKING OF CERTAIN CASTINGS.

    (a) In General.--Section 304(e) of the Tariff Act of 1930 (19 U.S.C. 
1304(e)) is amended--
            (1) in the subsection heading, by striking ``Manhole Rings 
        or Frames, Covers, and Assemblies Thereof'' and inserting 
        ``Castings'';
            (2) by inserting ``inlet frames, tree and trench grates, 
        lampposts, lamppost bases, cast utility poles, bollards, 
        hydrants, utility boxes,'' before ``manhole rings,''; and
            (3) by adding at the end before the period the following: 
        ``in a location such that it will remain visible after 
        installation''.

    (b) <<NOTE: Applicability. Time period. 19 USC 1304 note.>>  
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.

[[Page 130 STAT. 280]]

SEC. 918. <<NOTE: President.>>  INCLUSION OF CERTAIN INFORMATION 
                        IN SUBMISSION OF NOMINATION FOR 
                        APPOINTMENT AS DEPUTY UNITED STATES TRADE 
                        REPRESENTATIVE.

    Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)) is 
amended by adding at the end the following:
    ``(5)(A) When the President submits to the Senate for its advice and 
consent a nomination of an individual for appointment as a Deputy United 
States Trade Representative under paragraph (2), the President shall 
include in that submission information on the country, regional offices, 
and functions of the Office of the United States Trade Representative 
with respect to which that individual will have responsibility.
    ``(B) <<NOTE: Notification. Deadline.>>  The President shall notify 
the Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate not less than 30 days prior to making 
any change to the responsibilities of any Deputy United States Trade 
Representative included in a submission under subparagraph (A), 
including the reason for that change.''.
SEC. 919. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF 
                        BILL PROCESS.

    (a) Findings.--Congress makes the following findings:
            (1) As of the date of the enactment of this Act, the 
        Harmonized Tariff Schedule of the United States imposes duties 
        on imported goods for which there is no domestic availability or 
        insufficient domestic availability.
            (2) The imposition of duties on such goods creates 
        artificial distortions in the economy of the United States that 
        negatively affect United States manufacturers and consumers.
            (3) It would be in the interests of the United States if the 
        Harmonized Tariff Schedule were updated regularly and 
        predictably to eliminate such artificial distortions by 
        suspending or reducing duties on such goods.
            (4) The manufacturing competitiveness of the United States 
        around the world would be enhanced if the Harmonized Tariff 
        Schedule were updated regularly and predictably to suspend or 
        reduce duties on such goods.

    (b) Sense of Congress.--It is the sense of Congress that, to remove 
the competitive disadvantage to United States manufacturers and 
consumers resulting from the imposition of such duties and to promote 
the competitiveness of United States manufacturers, the Committee on 
Finance of the Senate and the Committee on Ways and Means of the House 
of Representatives are urged to advance, as soon as possible, after 
consultation with the public and Members of the Senate and the House of 
Representatives, a regular and predictable legislative process for the 
temporary suspension and reduction of duties that is consistent with the 
rules of the Senate and the House.
SEC. 920. CUSTOMS USER FEES.

    (a) In General.--Section 13031(j)(3) of the Consolidated Omnibus 
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
            (1) in subparagraph (A), by striking ``July 7, 2025'' and 
        inserting ``September 30, 2025''; and
            (2) by striking subparagraph (D).

[[Page 130 STAT. 281]]

    (b) Rate for Merchandise Processing Fees.--Section 503 of the United 
States-Korea Free Trade Agreement Implementation Act (Public Law 112-41; 
19 U.S.C. 3805 note) is amended--
            (1) by striking ``June 30, 2025'' and inserting ``September 
        30, 2025''; and
            (2) by striking subsection (c).
SEC. 921. INCREASE IN PENALTY FOR FAILURE TO FILE RETURN OF TAX.

    (a) In General.--Section 6651(a) of the Internal Revenue Code of 
1986 is <<NOTE: 26 USC 6651.>>  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) <<NOTE: 26 USC 6651 note.>>  Effective Date.--The amendments 
made by this section shall apply to returns required to be filed in 
calendar years after 2015.
SEC. 922. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND ON 
                        MULTIPLE AND DISCRIMINATORY TAXES ON 
                        ELECTRONIC COMMERCE.

    (a) Permanent Moratorium.--Section 1101(a) of the Internet Tax 
Freedom Act (47 U.S.C. 151 note) is amended by striking ``during the 
period beginning November 1, 2003, and ending October 1, 2015''.
    (b) Temporary Extension.--Section 1104(a)(2)(A) of the Internet Tax 
Freedom Act (47 U.S.C. 151 note) is amended by striking ``October 1, 
2015'' and inserting ``June 30, 2020''.

    Approved February 24, 2016.

LEGISLATIVE HISTORY--H.R. 644:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 114-18 (Comm. on Ways and Means) and 114-376         

(Comm. of Conference).
CONGRESSIONAL RECORD:
                                                        Vol. 161 (2015):
                                    Feb. 12, considered and passed 
                                        House.
                                    May 14, considered and passed 
                                        Senate, amended.
                                    June 12, House concurred in Senate 
                                        amendments with an amendment.
                                    Dec. 11, House agreed to conference 
                                        report.
                                                        Vol. 162 (2016):
                                    Feb. 9, 11, Senate considered and 
                                        agreed to conference report.

                                  <all>