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114th Congress }                                              {   Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                              {  114-376

======================================================================



 
          TRADE FACILITATION AND TRADE ENFORCEMENT ACT OF 2015

                                _______
                                

                December 9, 2015.--Ordered to be printed

                                _______
                                

  Mr. Brady of Texas, from the committee of conference, submitted the 
                               following

                           CONFERENCE REPORT

                        [To accompany H.R. 644]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the House to the amendment 
of the Senate to the bill (H.R. 644), to reauthorize trade 
facilitation and trade enforcement functions and activities, 
and for other purposes, having met, after full and free 
conference, have agreed to recommend and do recommend to their 
respective Houses as follows:
      That the Senate recede from its disagreement to the 
amendment of the House to the amendment of the Senate and agree 
to the same with an amendment as follows:
      In lieu of the matter proposed to be inserted by the 
House amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

            TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT

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

                   TITLE II--IMPORT HEALTH AND SAFETY

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

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

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

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

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

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

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

        Subtitle B--Investigation of Evasion of Trade Remedy Laws

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

                        Subtitle C--Other Matters

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

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

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

               TITLE VI--ADDITIONAL ENFORCEMENT PROVISIONS

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

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

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

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

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

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

                   Subtitle B--Preclearance Operations

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Automated commercial environment.--The term 
        ``Automated Commercial Environment'' means the 
        Automated Commercial Environment computer system 
        authorized under section 13031(f)(4) of the 
        Consolidated Omnibus Budget Reconciliation Act of 1985 
        (19 U.S.C. 58c(f)(4)).
            (2) Commercial operations of u.s. customs and 
        border protection.--The term ``commercial operations of 
        U.S. Customs and Border Protection'' includes--
                    (A) administering any customs revenue 
                function (as defined in section 415 of the 
                Homeland Security Act of 2002 (6 U.S.C. 215));
                    (B) coordinating efforts of the Department 
                of Homeland Security with respect to trade 
                facilitation and trade enforcement;
                    (C) coordinating with the Director of U.S. 
                Immigration and Customs Enforcement with 
                respect to--
                            (i) investigations relating to 
                        trade enforcement; and
                            (ii) the development and 
                        implementation of the joint strategic 
                        plan required by section 105;
                    (D) coordinating, on behalf of the 
                Department of Homeland Security, efforts among 
                Federal agencies to facilitate legitimate trade 
                and to enforce the customs and trade laws of 
                the United States, including representing the 
                Department of Homeland Security in interagency 
                fora addressing such efforts;
                    (E) coordinating with customs authorities 
                of foreign countries to facilitate legitimate 
                international trade and enforce the customs and 
                trade laws of the United States and the customs 
                and trade laws of foreign countries;
                    (F) collecting, assessing, and 
                disseminating information as appropriate and in 
                accordance with any law regarding cargo 
                destined for the United States--
                            (i) to ensure that such cargo 
                        complies with the customs and trade 
                        laws of the United States; and
                            (ii) to facilitate the legitimate 
                        international trade of such cargo;
                    (G) soliciting and considering on a regular 
                basis input from private sector entities, 
                including the Commercial Customs Operations 
                Advisory Committee established by section 109 
                and the Trade Support Network, with respect to, 
                as appropriate--
                            (i) the implementation of changes 
                        to the customs and trade laws of the 
                        United States; and
                            (ii) the development, 
                        implementation, or revision of policies 
                        or regulations administered by U.S. 
                        Customs and Border Protection; and
                    (H) otherwise advising the Secretary of 
                Homeland Security with respect to the 
                development of policies associated with 
                facilitating legitimate trade and enforcing the 
                customs and trade laws of the United States.
            (3) Commissioner.--The term ``Commissioner'' means 
        the Commissioner of U.S. Customs and Border Protection, 
        as described in section 411(b) of the Homeland Security 
        Act of 2002, as amended by section 802(a) of this Act.
            (4) Customs and trade laws of the united states.--
        The term ``customs and trade laws of the United 
        States'' includes the following:
                    (A) The Tariff Act of 1930 (19 U.S.C. 1202 
                et seq.).
                    (B) Section 249 of the Revised Statutes (19 
                U.S.C. 3).
                    (C) Section 2 of the Act of March 4, 1923 
                (42 Stat. 1453, chapter 251; 19 U.S.C. 6).
                    (D) The Act of March 3, 1927 (44 Stat. 
                1381, chapter 348; 19 U.S.C. 2071 et seq.).
                    (E) Section 13031 of the Consolidated 
                Omnibus Budget Reconciliation Act of 1985 (19 
                U.S.C. 58c).
                    (F) Section 251 of the Revised Statutes (19 
                U.S.C. 66).
                    (G) Section 1 of the Act of June 26, 1930 
                (46 Stat. 817, chapter 617; 19 U.S.C. 68).
                    (H) The Act of June 18, 1934 (48 Stat. 998, 
                chapter 590; 19 U.S.C. 81a et seq.; commonly 
                known as the ``Foreign Trade Zones Act'').
                    (I) Section 1 of the Act of March 2, 1911 
                (36 Stat. 965, chapter 191; 19 U.S.C. 198).
                    (J) The Trade Act of 1974 (19 U.S.C. 2101 
                et seq.).
                    (K) The Trade Agreements Act of 1979 (19 
                U.S.C. 2501 et seq.).
                    (L) The North American Free Trade Agreement 
                Implementation Act (19 U.S.C. 3301 et seq.).
                    (M) The Uruguay Round Agreements Act (19 
                U.S.C. 3501 et seq.).
                    (N) The Caribbean Basin Economic Recovery 
                Act (19 U.S.C. 2701 et seq.).
                    (O) The Andean Trade Preference Act (19 
                U.S.C. 3201 et seq.).
                    (P) The African Growth and Opportunity Act 
                (19 U.S.C. 3701 et seq.).
                    (Q) The Customs Enforcement Act of 1986 
                (Public Law 99-570; 100 Stat. 3207-79).
                    (R) The Customs and Trade Act of 1990 
                (Public Law 101-382; 104 Stat. 629).
                    (S) The Customs Procedural Reform and 
                Simplification Act of 1978 (Public Law 95-410; 
                92 Stat. 888).
                    (T) The Trade Act of 2002 (Public Law 107-
                210; 116 Stat. 933).
                    (U) The Convention on Cultural Property 
                Implementation Act (19 U.S.C. 2601 et seq.).
                    (V) The Act of March 28, 1928 (45 Stat. 
                374, chapter 266; 19 U.S.C. 2077 et seq.).
                    (W) The Act of August 7, 1939 (53 Stat. 
                1262, chapter 566).
                    (X) The Bipartisan Congressional Trade 
                Priorities and Accountability Act of 2015 
                (Public Law 114-26; 19 U.S.C. 4201 et seq.).
                    (Y) The Trade Preferences Extension Act of 
                2015 (Public Law 114-27; 129 Stat. 362).
                    (Z) Any other provision of law implementing 
                a trade agreement.
                    (AA) Any other provision of law vesting 
                customs revenue functions in the Secretary of 
                the Treasury.
                    (BB) Any other provision of law relating to 
                trade facilitation or trade enforcement that is 
                administered by U.S. Customs and Border 
                Protection on behalf of any Federal agency that 
                is required to participate in the International 
                Trade Data System established under section 
                411(d) of the Tariff Act of 1930 (19 U.S.C. 
                1411(d)).
                    (CC) Any other provision of customs or 
                trade law administered by U.S. Customs and 
                Border Protection or U.S. Immigration and 
                Customs Enforcement.
            (5) Private sector entity.--The term ``private 
        sector entity'' means--
                    (A) an importer;
                    (B) an exporter;
                    (C) a forwarder;
                    (D) an air, sea, or land carrier or 
                shipper;
                    (E) a contract logistics provider;
                    (F) a customs broker; or
                    (G) any other person (other than an 
                employee of a government) affected by the 
                implementation of the customs and trade laws of 
                the United States.
            (6) Trade enforcement.--The term ``trade 
        enforcement'' means the enforcement of the customs and 
        trade laws of the United States.
            (7) Trade facilitation.--The term ``trade 
        facilitation'' refers to policies and activities of 
        U.S. Customs and Border Protection with respect to 
        facilitating the movement of merchandise into and out 
        of the United States in a manner that complies with the 
        customs and trade laws of the United States.

           TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT

SEC. 101. IMPROVING PARTNERSHIP PROGRAMS.

    (a) In General.--In order to advance the security, trade 
enforcement, and trade facilitation missions of U.S. Customs 
and Border Protection, the Commissioner shall ensure that 
partnership programs of U.S. Customs and Border Protection 
established before the date of the enactment of this Act, such 
as the Customs-Trade Partnership Against Terrorism established 
under subtitle B of title II of the Security and Accountability 
for Every Port Act of 2006 (6 U.S.C. 961 et seq.), and 
partnership programs of U.S. Customs and Border Protection 
established on or after such date of enactment, provide trade 
benefits to private sector entities that meet the requirements 
for participation in those programs established by the 
Commissioner under this section.
    (b) Elements.--In developing and operating partnership 
programs under subsection (a), the Commissioner shall--
            (1) consult with private sector entities, the 
        public, and other Federal agencies when appropriate, to 
        ensure that participants in those programs receive 
        commercially significant and measurable trade benefits, 
        including providing preclearance of merchandise for 
        qualified persons that demonstrate the highest levels 
        of compliance with the customs and trade laws of the 
        United States, regulations of U.S. Customs and Border 
        Protection, and other requirements the Commissioner 
        determines to be necessary;
            (2) ensure an integrated and transparent system of 
        trade benefits and compliance requirements for all 
        partnership programs of U.S. Customs and Border 
        Protection;
            (3) consider consolidating partnership programs in 
        situations in which doing so would support the 
        objectives of such programs, increase participation in 
        such programs, enhance the trade benefits provided to 
        participants in such programs, and enhance the 
        allocation of the resources of U.S. Customs and Border 
        Protection;
            (4) coordinate with the Director of U.S. 
        Immigration and Customs Enforcement, and other Federal 
        agencies with authority to detain and release 
        merchandise entering the United States--
                    (A) to ensure coordination in the release 
                of such merchandise through the Automated 
                Commercial Environment, or its predecessor, and 
                the International Trade Data System established 
                under section 411(d) of the Tariff Act of 1930 
                (19 U.S.C. 1411(d));
                    (B) to ensure that the partnership programs 
                of those agencies are compatible with the 
                partnership programs of U.S. Customs and Border 
                Protection;
                    (C) to develop criteria for authorizing the 
                release, on an expedited basis, of merchandise 
                for which documentation is required from one or 
                more of those agencies to clear or license the 
                merchandise for entry into the United States; 
                and
                    (D) to create pathways, within and among 
                the appropriate Federal agencies, for qualified 
                persons that demonstrate the highest levels of 
                compliance with the customs and trade laws of 
                the United States to receive immediate 
                clearance absent information that a transaction 
                may pose a national security or compliance 
                threat; and
            (5) ensure that trade benefits are provided to 
        participants in partnership programs.
    (c) Report Required.--Not later than the date that is 180 
days after the date of the enactment of this Act, and not later 
than December 31 of each calendar year thereafter, the 
Commissioner shall submit to the appropriate congressional 
committees a report that--
            (1) identifies each partnership program referred to 
        in subsection (a);
            (2) for each such program, identifies--
                    (A) the requirements for participants in 
                the program;
                    (B) the commercially significant and 
                measurable trade benefits provided to 
                participants in the program;
                    (C) the number of participants in the 
                program; and
                    (D) in the case of a program that provides 
                for participation at multiple tiers, the number 
                of participants at each such tier;
            (3) identifies the number of participants enrolled 
        in more than one such partnership program;
            (4) assesses the effectiveness of each such 
        partnership program in advancing the security, trade 
        enforcement, and trade facilitation missions of U.S. 
        Customs and Border Protection, based on historical 
        developments, the level of participation in the 
        program, and the evolution of benefits provided to 
        participants in the program;
            (5) summarizes the efforts of U.S. Customs and 
        Border Protection to work with other Federal agencies 
        with authority to detain and release merchandise 
        entering the United States to ensure that partnership 
        programs of those agencies are compatible with 
        partnership programs of U.S. Customs and Border 
        Protection;
            (6) summarizes criteria developed with those 
        agencies for authorizing the release, on an expedited 
        basis, of merchandise for which documentation is 
        required from one or more of those agencies to clear or 
        license the merchandise for entry into the United 
        States;
            (7) summarizes the efforts of U.S. Customs and 
        Border Protection to work with private sector entities 
        and the public to develop and improve such partnership 
        programs;
            (8) describes measures taken by U.S. Customs and 
        Border Protection to make private sector entities aware 
        of the trade benefits available to participants in such 
        partnership programs; and
            (9) summarizes the plans, targets, and goals of 
        U.S. Customs and Border Protection with respect to such 
        partnership programs for the 2 years following the 
        submission of the report.

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

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

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

    (a) Priorities and Performance Standards.--
            (1) In general.--The Commissioner, in consultation 
        with the appropriate congressional committees, shall 
        establish priorities and performance standards to 
        measure the development and levels of achievement of 
        the customs modernization, trade facilitation, and 
        trade enforcement functions and programs described in 
        subsection (b).
            (2) Minimum priorities and standards.--Such 
        priorities and performance standards shall, at a 
        minimum, include priorities and standards relating to 
        efficiency, outcome, output, and other types of 
        applicable measures.
    (b) Functions and Programs Described.--The functions and 
programs referred to in subsection (a) are the following:
            (1) The Automated Commercial Environment.
            (2) Each of the priority trade issues described in 
        section 117.
            (3) The Centers of Excellence and Expertise 
        described in section 110.
            (4) Drawback for exported merchandise under section 
        313 of the Tariff Act of 1930 (19 U.S.C. 1313), as 
        amended by section 906 of this Act.
            (5) Transactions relating to imported merchandise 
        in bond.
            (6) Collection of countervailing duties assessed 
        under subtitle A of title VII of the Tariff Act of 1930 
        (19 U.S.C. 1671 et seq.) and antidumping duties 
        assessed under subtitle B of title VII of the Tariff 
        Act of 1930 (19 U.S.C. 1673 et seq.).
            (7) The expedited clearance of cargo.
            (8) The issuance of regulations and rulings.
            (9) The issuance of Regulatory Audit Reports.
    (c) Consultations and Notification.--
            (1) Consultations.--The consultations required by 
        subsection (a)(1) shall occur, at a minimum, on an 
        annual basis.
            (2) Notification.--The Commissioner shall notify 
        the appropriate congressional committees of any changes 
        to the priorities or performance standards referred to 
        in subsection (a) not later than 30 days before such 
        changes are to take effect.

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

    (a) Establishment.--The Commissioner and the Director shall 
establish and carry out on a fiscal year basis educational 
seminars to--
            (1) improve the ability of personnel of U.S. 
        Customs and Border Protection to classify and appraise 
        articles imported into the United States in accordance 
        with the customs and trade laws of the United States;
            (2) improve the trade enforcement efforts of 
        personnel of U.S. Customs and Border Protection and 
        personnel of U.S. Immigration and Customs Enforcement; 
        and
            (3) otherwise improve the ability and effectiveness 
        of personnel of U.S. Customs and Border Protection and 
        personnel of U.S. Immigration and Customs Enforcement 
        to facilitate legitimate international trade.
    (b) Content.--
            (1) Classifying and appraising imported articles.--
        In carrying out subsection (a)(1), the Commissioner, 
        the Director, and interested parties in the private 
        sector selected under subsection (c) shall provide 
        instruction and related instructional materials at each 
        educational seminar carried out under this section to 
        personnel of U.S. Customs and Border Protection and, as 
        appropriate, to personnel of U.S. Immigration and 
        Customs Enforcement on the following:
                    (A) Conducting a physical inspection of an 
                article imported into the United States, 
                including testing of samples of the article, to 
                determine if the article is mislabeled in the 
                manifest or other accompanying documentation.
                    (B) Reviewing the manifest and other 
                accompanying documentation of an article 
                imported into the United States to determine if 
                the country of origin of the article listed in 
                the manifest or other accompanying 
                documentation is accurate.
                    (C) Customs valuation.
                    (D) Industry supply chains and other 
                related matters as determined to be appropriate 
                by the Commissioner.
            (2) Trade enforcement efforts.--In carrying out 
        subsection (a)(2), the Commissioner, the Director, and 
        interested parties in the private sector selected under 
        subsection (c) shall provide instruction and related 
        instructional materials at each educational seminar 
        carried out under this section to personnel of U.S. 
        Customs and Border Protection and, as appropriate, to 
        personnel of U.S. Immigration and Customs Enforcement 
        to identify opportunities to enhance enforcement of the 
        following:
                    (A) Collection of countervailing duties 
                assessed under subtitle A of title VII of the 
                Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and 
                antidumping duties assessed under subtitle B of 
                title VII of the Tariff Act of 1930 (19 U.S.C. 
                1673 et seq.).
                    (B) Addressing evasion of duties on imports 
                of textiles.
                    (C) Protection of intellectual property 
                rights.
                    (D) Enforcement of child labor laws.
            (3) Approval of commissioner and director.--The 
        instruction and related instructional materials at each 
        educational seminar carried out under this section 
        shall be subject to the approval of the Commissioner 
        and the Director.
    (c) Selection Process.--
            (1) In general.--The Commissioner shall establish a 
        process to solicit, evaluate, and select interested 
        parties in the private sector for purposes of assisting 
        in providing instruction and related instructional 
        materials described in subsection (b) at each 
        educational seminar carried out under this section.
            (2) Criteria.--The Commissioner shall evaluate and 
        select interested parties in the private sector under 
        the process established under paragraph (1) based on--
                    (A) availability and usefulness;
                    (B) the volume, value, and incidence of 
                mislabeling or misidentification of origin of 
                imported articles; and
                    (C) other appropriate criteria established 
                by the Commissioner.
            (3) Public availability.--The Commissioner and the 
        Director shall publish in the Federal Register a 
        detailed description of the process established under 
        paragraph (1) and the criteria established under 
        paragraph (2).
    (d) Special Rule for Antidumping and Countervailing Duty 
Orders.--
            (1) In general.--The Commissioner shall give due 
        consideration to carrying out an educational seminar 
        under this section in whole or in part to improve the 
        ability of personnel of U.S. Customs and Border 
        Protection to enforce a countervailing or antidumping 
        duty order issued under section 706 or 736 of the 
        Tariff Act of 1930 (19 U.S.C. 1671e or 1673e) upon the 
        request of a petitioner in an action underlying such 
        countervailing or antidumping duty order.
            (2) Interested party.--A petitioner described in 
        paragraph (1) shall be treated as an interested party 
        in the private sector for purposes of the requirements 
        of this section.
    (e) Performance Standards.--The Commissioner and the 
Director shall establish performance standards to measure the 
development and level of achievement of educational seminars 
carried out under this section.
    (f) Reporting.--Not later than September 30, 2016, and 
annually thereafter, the Commissioner and the Director shall 
submit to the appropriate congressional committees a report on 
the effectiveness of educational seminars carried out under 
this section.
    (g) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the 
        Director of U.S. Immigration and Customs Enforcement.
            (2) United states.--The term ``United States'' 
        means the customs territory of the United States, as 
        defined in General Note 2 to the Harmonized Tariff 
        Schedule of the United States.
            (3) U.S. customs and border protection personnel.--
        The term ``U.S. Customs and Border Protection 
        personnel'' means import specialists, auditors, and 
        other appropriate employees of the U.S. Customs and 
        Border Protection.
            (4) U.S. immigration and customs enforcement 
        personnel.--The term ``U.S. Immigration and Customs 
        Enforcement personnel'' means Homeland Security 
        Investigations Directorate personnel and other 
        appropriate employees of U.S. Immigration and Customs 
        Enforcement.

SEC. 105. JOINT STRATEGIC PLAN.

    (a) In General.--Not later than one year after the date of 
the enactment of this Act, and every 2 years thereafter, the 
Commissioner and the Director of U.S. Immigration and Customs 
Enforcement shall jointly develop and submit to the appropriate 
congressional committees a joint strategic plan.
    (b) Contents.--The joint strategic plan required under this 
section shall be comprised of a comprehensive multiyear plan 
for trade enforcement and trade facilitation, and shall 
include--
            (1) a summary of actions taken during the 2-year 
        period preceding the submission of the plan to improve 
        trade enforcement and trade facilitation, including a 
        description and analysis of specific performance 
        measures to evaluate the progress of U.S. Customs and 
        Border Protection and U.S. Immigration and Customs 
        Enforcement in meeting each such responsibility;
            (2) a statement of objectives and plans for further 
        improving trade enforcement and trade facilitation;
            (3) a specific identification of the priority trade 
        issues described in section 117 that can be addressed 
        in order to enhance trade enforcement and trade 
        facilitation, and a description of strategies and plans 
        for addressing each such issue, including--
                    (A) a description of the targeting 
                methodologies used for enforcement activities 
                with respect to each such issue;
                    (B) recommendations for improving such 
                enforcement activities; and
                    (C) a description of the implementation of 
                previous recommendations for improving such 
                enforcement activities;
            (4) a description of efforts made to improve 
        consultation and coordination among and within Federal 
        agencies, and in particular between U.S. Customs and 
        Border Protection and U.S. Immigration and Customs 
        Enforcement, regarding trade enforcement and trade 
        facilitation;
            (5) a description of the training that has occurred 
        to date within U.S. Customs and Border Protection and 
        U.S. Immigration and Customs Enforcement to improve 
        trade enforcement and trade facilitation, including 
        training at educational seminars carried out under 
        section 104;
            (6) a description of efforts to work with the World 
        Customs Organization and other international 
        organizations, in consultation with other Federal 
        agencies as appropriate, with respect to enhancing 
        trade enforcement and trade facilitation;
            (7) a description of U.S. Custom and Border 
        Protection organizational benchmarks for optimizing 
        staffing and wait times at ports of entry;
            (8) a specific identification of any domestic or 
        international best practices that may further improve 
        trade enforcement and trade facilitation;
            (9) any legislative recommendations to further 
        improve trade enforcement and trade facilitation; and
            (10) a description of efforts made to improve 
        consultation and coordination with the private sector 
        to enhance trade enforcement and trade facilitation.
    (c) Consultations.--
            (1) In general.--In developing the joint strategic 
        plan required under this section, the Commissioner and 
        the Director of U.S. Immigration and Customs 
        Enforcement shall consult with--
                    (A) appropriate officials from relevant 
                Federal agencies, including--
                            (i) the Department of the Treasury;
                            (ii) the Department of Agriculture;
                            (iii) the Department of Commerce;
                            (iv) the Department of Justice;
                            (v) the Department of the Interior;
                            (vi) the Department of Health and 
                        Human Services;
                            (vii) the Food and Drug 
                        Administration;
                            (viii) the Consumer Product Safety 
                        Commission; and
                            (ix) the Office of the United 
                        States Trade Representative; and
                    (B) the Commercial Customs Operations 
                Advisory Committee established by section 109.
            (2) Other consultations.--In developing the joint 
        strategic plan required under this section, the 
        Commissioner and the Director shall seek to consult 
        with--
                    (A) appropriate officials from relevant 
                foreign law enforcement agencies and 
                international organizations, including the 
                World Customs Organization; and
                    (B) interested parties in the private 
                sector.
    (d) Form of Plan.--The joint strategic plan required under 
this section shall be submitted in unclassified form, but may 
include a classified annex.

SEC. 106. AUTOMATED COMMERCIAL ENVIRONMENT.

    (a) Funding.--Section 13031(f)(4)(B) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
58c(f)(4)(B)) is amended--
            (1) by striking ``2003 through 2005'' and inserting 
        ``2016 through 2018'';
            (2) by striking ``such amounts as are available in 
        that Account'' and inserting ``not less than 
        $153,736,000''; and
            (3) by striking ``for the development'' and 
        inserting ``to complete the development and 
        implementation''.
    (b) Report.--
            (1) In general.--Not later than December 31, 2016, 
        the Commissioner shall submit to the Committee on 
        Appropriations and the Committee on Finance of the 
        Senate and the Committee on Appropriations and the 
        Committee on Ways and Means of the House of 
        Representatives a report detailing--
                    (A) U.S. Customs and Border Protection's 
                incorporation of all core trade processing 
                capabilities, including cargo release, entry 
                summary, cargo manifest, cargo financial data, 
                and export data elements, into the Automated 
                Commercial Environment not later than September 
                30, 2016, to conform with the admissibility 
                criteria of agencies participating in the 
                International Trade Data System identified 
                pursuant to paragraph (4)(A)(iii) of section 
                411(d) of the Tariff Act of 1930 (19 U.S.C. 
                1411(d)), as added by section 107 of this Act;
                    (B) U.S. Customs and Border Protection's 
                remaining priorities for processing entry 
                summary data elements, cargo manifest data 
                elements, cargo financial data elements, and 
                export elements in the Automated Commercial 
                Environment, and the objectives and plans for 
                implementing these remaining priorities;
                    (C) the components of the National Customs 
                Automation Program specified in section 
                411(a)(2) of the Tariff Act of 1930 that have 
                not been implemented; and
                    (D) any additional components of the 
                National Customs Automation Program initiated 
                by the Commissioner to complete the 
                development, establishment, and implementation 
                of the Automated Commercial Environment.
            (2) Update of reports.--Not later than September 
        30, 2017, the Commissioner shall submit to the 
        Committee on Appropriations and the Committee on 
        Finance of the Senate and the Committee on 
        Appropriations and the Committee on Ways and Means of 
        the House of Representatives an updated report 
        addressing each of the matters referred to in paragraph 
        (1), and--
                    (A) evaluating the effectiveness of the 
                implementation of the Automated Commercial 
                Environment; and
                    (B) detailing the percentage of trade 
                processed in the Automated Commercial 
                Environment every month since September 30, 
                2016.
            (3) Repeal.--Section 311(b) of the Customs Border 
        Security Act of 2002 (19 U.S.C. 2075 note) is amended 
        by striking paragraph (3).
    (c) Government Accountability Office Report.--Not later 
than December 31, 2017, the Comptroller General of the United 
States shall submit to the Committee on Appropriations and the 
Committee on Finance of the Senate and the Committee on 
Appropriations and the Committee on Ways and Means of the House 
of Representatives a report--
            (1) assessing the progress of other Federal 
        agencies in accessing and utilizing the Automated 
        Commercial Environment; and
            (2) assessing the potential cost savings to the 
        United States Government and importers and exporters 
        and the potential benefits to enforcement of the 
        customs and trade laws of the United States if the 
        elements identified in subparagraphs (A) through (D) of 
        subsection (b)(1) are implemented.

SEC. 107. INTERNATIONAL TRADE DATA SYSTEM.

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

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

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

SEC. 109. COMMERCIAL CUSTOMS OPERATIONS ADVISORY COMMITTEE.

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

SEC. 110. CENTERS OF EXCELLENCE AND EXPERTISE.

    (a) In General.--The Commissioner shall, in consultation 
with the appropriate congressional committees and the 
Commercial Customs Operations Advisory Committee established 
under section 109, develop and implement Centers of Excellence 
and Expertise throughout U.S. Customs and Border Protection 
that--
            (1) enhance the economic competitiveness of the 
        United States by consistently enforcing the laws and 
        regulations of the United States at all ports of entry 
        of the United States and by facilitating the flow of 
        legitimate trade through increasing industry-based 
        knowledge;
            (2) improve enforcement efforts, including 
        enforcement of priority trade issues described in 
        section 117, in specific industry sectors through the 
        application of targeting information from the National 
        Targeting Center under section 111 and from other means 
        of verification;
            (3) build upon the expertise of U.S. Customs and 
        Border Protection in particular industry operations, 
        supply chains, and compliance requirements;
            (4) promote the uniform implementation at each port 
        of entry of the United States of policies and 
        regulations relating to imports;
            (5) centralize the trade enforcement and trade 
        facilitation efforts of U.S. Customs and Border 
        Protection;
            (6) formalize an account-based approach to apply, 
        as the Commissioner determines appropriate, to the 
        importation of merchandise into the United States;
            (7) foster partnerships though the expansion of 
        trade programs and other trusted partner programs;
            (8) develop applicable performance measurements to 
        meet internal efficiency and effectiveness goals; and
            (9) whenever feasible, facilitate a more efficient 
        flow of information between Federal agencies.
    (b) Report.--Not later than December 31, 2016, the 
Commissioner shall submit to the appropriate congressional 
committees a report describing--
            (1) the scope, functions, and structure of each 
        Center of Excellence and Expertise developed and 
        implemented under subsection (a);
            (2) the effectiveness of each such Center of 
        Excellence and Expertise in improving enforcement 
        efforts, including enforcement of priority trade issues 
        described in section 117, and facilitating legitimate 
        trade;
            (3) the quantitative and qualitative benefits of 
        each such Center of Excellence and Expertise to the 
        trade community, including through fostering 
        partnerships through the expansion of trade programs 
        such as the Importer Self Assessment program and other 
        trusted partner programs;
            (4) all applicable performance measurements with 
        respect to each such Center of Excellence and 
        Expertise, including performance measures with respect 
        to meeting internal efficiency and effectiveness goals;
            (5) the performance of each such Center of 
        Excellence and Expertise in increasing the accuracy and 
        completeness of data with respect to international 
        trade and facilitating a more efficient flow of 
        information between Federal agencies; and
            (6) any planned changes in the number, scope, 
        functions, or any other aspect of the Centers of 
        Excellence and Expertise developed and implemented 
        under subsection (a).

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

    (a) Commercial Risk Assessment Targeting.--In carrying out 
its duties under section 411(g)(4) of the Homeland Security Act 
of 2002, as added by section 802(a) of this Act, the National 
Targeting Center, in coordination with the Office of Trade 
established under section 4 of the Act of March 3, 1927 (44 
Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), as added by 
section 802(h) of this Act, as appropriate, shall--
            (1) establish targeted risk assessment 
        methodologies and standards--
                    (A) for evaluating the risk that cargo 
                destined for the United States may violate the 
                customs and trade laws of the United States, 
                particularly those laws applicable to 
                merchandise subject to the priority trade 
                issues described in section 117; and
                    (B) for issuing, as appropriate, Trade 
                Alerts described in subsection (b);
            (2) to the extent practicable and otherwise 
        authorized by law, use, to administer the methodologies 
        and standards established under paragraph (1)--
                    (A) publicly available information;
                    (B) information available from the 
                Automated Commercial System, the Automated 
                Commercial Environment, the Automated Targeting 
                System, the Automated Export System, the 
                International Trade Data System established 
                under section 411(d) of the Tariff Act of 1930 
                (19 U.S.C. 1411(d)), the TECS (formerly known 
                as the ``Treasury Enforcement Communications 
                System''), the case management system of U.S. 
                Immigration and Customs Enforcement, and any 
                successor systems; and
                    (C) information made available to the 
                National Targeting Center, including 
                information provided by private sector 
                entities;
            (3) provide for the receipt and transmission to the 
        appropriate U.S. Customs and Border Protection offices 
        of allegations from interested parties in the private 
        sector of violations of customs and trade laws of the 
        United States with respect to merchandise relating to 
        the priority trade issues described in section 117; and
            (4) notify, on a timely basis, each interested 
        party in the private sector that has submitted an 
        allegation of any violation of the customs and trade 
        laws of the United States of any civil or criminal 
        actions taken by U.S. Customs and Border Protection or 
        any other Federal agency resulting from the allegation.
    (b) Trade Alerts.--
            (1) Issuance.--In carrying out its duties under 
        section 411(g)(4) of the Homeland Security Act of 2002, 
        as added by section 802(a) of this Act, and based upon 
        the application of the targeted risk assessment 
        methodologies and standards established under 
        subsection (a), the Executive Director of the National 
        Targeting Center may issue Trade Alerts to directors of 
        United States ports of entry directing further 
        inspection, or physical examination or testing, of 
        specific merchandise to ensure compliance with all 
        applicable customs and trade laws of the United States 
        and regulations administered by U.S. Customs and Border 
        Protection.
            (2) Determinations not to implement trade alerts.--
        The director of a United States port of entry may 
        determine not to conduct further inspections, or 
        physical examination or testing, pursuant to a Trade 
        Alert issued under paragraph (1) if the director--
                    (A) finds that such a determination is 
                justified by port security interests; and
                    (B) not later than 48 hours after making 
                the determination, notifies the Assistant 
                Commissioner of the Office of Field Operations 
                of U.S. Customs and Border Protection of the 
                determination and the reasons for the 
                determination.
            (3) Summary of determinations not to implement.--
        The Assistant Commissioner of the Office of Field 
        Operations of U.S. Customs and Border Protection 
        shall--
                    (A) compile an annual summary of all 
                determinations by directors of United States 
                ports of entry under paragraph (2) and the 
                reasons for those determinations;
                    (B) conduct an evaluation of the 
                utilization of Trade Alerts issued under 
                paragraph (1); and
                    (C) not later than December 31 of each 
                calendar year, submit the summary to the 
                appropriate congressional committees.
            (4) Inspection defined.--In this subsection, the 
        term ``inspection'' means the comprehensive evaluation 
        process used by U.S. Customs and Border Protection, 
        other than physical examination or testing, to permit 
        the entry of merchandise into the United States, or the 
        clearance of merchandise for transportation in bond 
        through the United States, for purposes of--
                    (A) assessing duties;
                    (B) identifying restricted or prohibited 
                items; and
                    (C) ensuring compliance with all applicable 
                customs and trade laws of the United States and 
                regulations administered by U.S. Customs and 
                Border Protection.
    (c) Use of Trade Data for Commercial Enforcement 
Purposes.--Section 343(a)(3)(F) of the Trade Act of 2002 (19 
U.S.C. 2071 note) is amended to read as follows:
                    ``(F) The information collected pursuant to 
                the regulations shall be used exclusively for 
                ensuring cargo safety and security, preventing 
                smuggling, and commercial risk assessment 
                targeting, and shall not be used for any 
                commercial enforcement purposes, including for 
                determining merchandise entry. Notwithstanding 
                the preceding sentence, nothing in this section 
                shall be treated as amending, repealing, or 
                otherwise modifying title IV of the Tariff Act 
                of 1930 or regulations promulgated 
                thereunder.''.

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

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

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

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

SEC. 114. IMPORTER OF RECORD PROGRAM.

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

SEC. 115. ESTABLISHMENT OF IMPORTER RISK ASSESSMENT PROGRAM.

    (a) In General.--Not later than the date that is 180 days 
after the date of the enactment of this Act, the Commissioner 
shall establish a program that directs U.S. Customs and Border 
Protection to adjust bond amounts for importers, including new 
importers and nonresident importers, based on risk assessments 
of such importers conducted by U.S. Customs and Border 
Protection, in order to protect the revenue of the Federal 
Government.
    (b) Requirements.--The Commissioner shall ensure that, as 
part of the program established under subsection (a), U.S. 
Customs and Border Protection--
            (1) develops risk assessment guidelines for 
        importers, including new importers and nonresident 
        importers, to determine if and to what extent--
                    (A) to adjust bond amounts of imported 
                products of such importers; and
                    (B) to increase screening of imported 
                products of such importers;
            (2) develops procedures to ensure increased 
        oversight of imported products of new importers, 
        including nonresident importers, relating to the 
        enforcement of the priority trade issues described in 
        section 117;
            (3) develops procedures to ensure increased 
        oversight of imported products of new importers, 
        including new nonresident importers, by Centers of 
        Excellence and Expertise established under section 110; 
        and
            (4) establishes a centralized database of new 
        importers, including new nonresident importers, to 
        ensure accuracy of information that is required to be 
        provided by such importers to U.S. Customs and Border 
        Protection.
    (c) Exclusion of Certain Importers.--This section shall not 
apply to an importer that is a validated Tier 2 or Tier 3 
participant in the Customs-Trade Partnership Against Terrorism 
program established under subtitle B of title II of the 
Security and Accountability for Every Port Act of 2006 (6 
U.S.C. 961 et seq.).
    (d) Report.--Not later than the date that is 2 years after 
the date of the enactment of this Act, the Inspector General of 
the Department of the Treasury shall submit to the Committee on 
Finance of the Senate and the Committee on Ways and Means of 
the House of Representatives a report detailing--
            (1) the risk assessment guidelines developed under 
        subsection (b)(1);
            (2) the procedures developed under subsection 
        (b)(2) to ensure increased oversight of imported 
        products of new importers, including new nonresident 
        importers, relating to the enforcement of priority 
        trade issues described in section 117;
            (3) the procedures developed under subsection 
        (b)(3) to ensure increased oversight of imported 
        products of new importers, including new nonresident 
        importers, by Centers of Excellence and Expertise 
        established under section 110; and
            (4) the number of bonds adjusted based on the risk 
        assessment guidelines developed under subsection 
        (b)(1).
    (e) Definitions.--In this section:
            (1) Importer.--The term ``importer'' means one of 
        the parties qualifying as an importer of record under 
        section 484(a)(2)(B) of the Tariff Act of 1930 (19 
        U.S.C. 1484(a)(2)(B)).
            (2) Nonresident importer.--The term ``nonresident 
        importer'' means an importer who is--
                    (A) an individual who is not a citizen of 
                the United States or an alien lawfully admitted 
                for permanent residence in the United States; 
                or
                    (B) a partnership, corporation, or other 
                commercial entity that is not organized under 
                the laws of a jurisdiction within the customs 
                territory of the United States (as such term is 
                defined in General Note 2 of the Harmonized 
                Tariff Schedule of the United States) or in the 
                Virgin Islands of the United States.

SEC. 116. CUSTOMS BROKER IDENTIFICATION OF IMPORTERS.

    (a) In General.--Section 641 of the Tariff Act of 1930 (19 
U.S.C. 1641) is amended by adding at the end the following:
    ``(i) Identification of Importers.--
            ``(1) In general.--The Secretary shall prescribe 
        regulations setting forth the minimum standards for 
        customs brokers and importers, including nonresident 
        importers, regarding the identity of the importer that 
        shall apply in connection with the importation of 
        merchandise into the United States.
            ``(2) Minimum requirements.--The regulations 
        required under paragraph (1) shall, at a minimum--
                    ``(A) identify the information that an 
                importer, including a nonresident importer, is 
                required to submit to a broker and that a 
                broker is required to collect in order to 
                verify the identity of the importer;
                    ``(B) identify reasonable procedures that a 
                broker is required to follow in order to verify 
                the authenticity of information collected from 
                an importer; and
                    ``(C) require a broker to maintain records 
                of the information collected by the broker to 
                verify the identity of an importer.
            ``(3) Penalties.--Any customs broker who fails to 
        collect information required under the regulations 
        prescribed under this subsection shall be liable to the 
        United States, at the discretion of the Secretary, for 
        a monetary penalty not to exceed $10,000 for each 
        violation of those regulations and shall be subject to 
        revocation or suspension of a license or permit of the 
        customs broker pursuant to the procedures set forth in 
        subsection (d). This penalty shall be assessed in the 
        same manner and under the same procedures as the 
        monetary penalties provided for in subsection 
        (d)(2)(A).
            ``(4) Definitions.--In this subsection:
                    ``(A) Importer.--The term `importer' means 
                one of the parties qualifying as an importer of 
                record under section 484(a)(2)(B).
                    ``(B) Nonresident importer.--The term 
                `nonresident importer' means an importer who 
                is--
                            ``(i) an individual who is not a 
                        citizen of the United States or an 
                        alien lawfully admitted for permanent 
                        residence in the United States; or
                            ``(ii) a partnership, corporation, 
                        or other commercial entity that is not 
                        organized under the laws of a 
                        jurisdiction within the customs 
                        territory of the United States (as such 
                        term is defined in General Note 2 of 
                        the Harmonized Tariff Schedule of the 
                        United States) or in the Virgin Islands 
                        of the United States.''.
    (b) Study and Report Required.--Not later than the date 
that is 180 days after the date of the enactment of this Act, 
the Commissioner shall submit to the Committee on Finance of 
the Senate and the Committee on Ways and Means of the House of 
Representatives a report containing recommendations for--
            (1) determining the most timely and effective way 
        to require foreign nationals to provide customs brokers 
        with appropriate and accurate information, comparable 
        to that which is required of United States nationals, 
        concerning the identity, address, and other related 
        information relating to such foreign nationals 
        necessary to enable customs brokers to comply with the 
        requirements of section 641(i) of the Tariff Act of 
        1930 (as added by subsection (a) of this section); and
            (2) establishing a system for customs brokers to 
        review information maintained by relevant Federal 
        agencies for purposes of verifying the identities of 
        importers, including nonresident importers, seeking to 
        import merchandise into the United States.

SEC. 117. PRIORITY TRADE ISSUES.

    (a) In General.--The Commissioner shall establish the 
following as priority trade issues:
            (1) Agriculture programs.
            (2) Antidumping and countervailing duties.
            (3) Import safety.
            (4) Intellectual property rights.
            (5) Revenue.
            (6) Textiles and wearing apparel.
            (7) Trade agreements and preference programs.
    (b) Modification.--The Commissioner is authorized to 
establish new priority trade issues and eliminate, consolidate, 
or otherwise modify the priority trade issues described in 
subsection (a) if the Commissioner--
            (1) determines it necessary and appropriate to do 
        so; and
            (2)(A) in the case of new priority trade issues, 
        submits to the appropriate congressional committees a 
        summary of proposals to establish such new priority 
        trade issues not later than 30 days after such new 
        priority trade issues are to take effect; and
            (B) in the case of existing priority trade issues, 
        submits to the appropriate congressional committees a 
        summary of proposals to eliminate, consolidate, or 
        otherwise modify such existing priority trade issues 
        not later than 60 days before such changes are to take 
        effect.

SEC. 118. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

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

                   TITLE II--IMPORT HEALTH AND SAFETY

SEC. 201. INTERAGENCY IMPORT SAFETY WORKING GROUP.

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

SEC. 202. JOINT IMPORT SAFETY RAPID RESPONSE PLAN.

    (a) In General.--Not later than December 31, 2016, the 
Secretary of Homeland Security, in consultation with the 
interagency Import Safety Working Group established under 
section 201, shall develop a plan (to be known as the ``joint 
import safety rapid response plan'') that sets forth protocols 
and defines practices for U.S. Customs and Border Protection to 
use--
            (1) in taking action in response to, and 
        coordinating Federal responses to, an incident in which 
        cargo destined for or merchandise entering the United 
        States has been identified as posing a threat to the 
        health or safety of consumers in the United States; and
            (2) in recovering from or mitigating the effects of 
        actions and responses to an incident described in 
        paragraph (1).
    (b) Contents.--The joint import safety rapid response plan 
shall address--
            (1) the statutory and regulatory authorities and 
        responsibilities of U.S. Customs and Border Protection 
        and other Federal agencies in responding to an incident 
        described in subsection (a)(1);
            (2) the protocols and practices to be used by U.S. 
        Customs and Border Protection when taking action in 
        response to, and coordinating Federal responses to, 
        such an incident;
            (3) the measures to be taken by U.S. Customs and 
        Border Protection and other Federal agencies in 
        recovering from or mitigating the effects of actions 
        taken in response to such an incident after the 
        incident to ensure the resumption of the entry of 
        merchandise into the United States; and
            (4) exercises that U.S. Customs and Border 
        Protection may conduct in conjunction with Federal, 
        State, and local agencies, and private sector entities, 
        to simulate responses to such an incident.
    (c) Updates of Plan.--The Secretary of Homeland Security 
shall review and update the joint import safety rapid response 
plan, as appropriate, after conducting exercises under 
subsection (d).
    (d) Import Health and Safety Exercises.--
            (1) In general.--The Secretary of Homeland Security 
        and the Commissioner shall periodically engage in the 
        exercises referred to in subsection (b)(4), in 
        conjunction with Federal, State, and local agencies and 
        private sector entities, as appropriate, to test and 
        evaluate the protocols and practices identified in the 
        joint import safety rapid response plan at United 
        States ports of entry.
            (2) Requirements for exercises.--In conducting 
        exercises under paragraph (1), the Secretary and the 
        Commissioner shall--
                    (A) make allowance for the resources, 
                needs, and constraints of United States ports 
                of entry of different sizes in representative 
                geographic locations across the United States;
                    (B) base evaluations on current risk 
                assessments of merchandise entering the United 
                States at representative United States ports of 
                entry located across the United States;
                    (C) ensure that such exercises are 
                conducted in a manner consistent with the 
                National Incident Management System, the 
                National Response Plan, the National 
                Infrastructure Protection Plan, the National 
                Preparedness Guidelines, the Maritime 
                Transportation System Security Plan, and other 
                such national initiatives of the Department of 
                Homeland Security, as appropriate; and
                    (D) develop metrics with respect to the 
                resumption of the entry of merchandise into the 
                United States after an incident described in 
                subsection (a)(1).
            (3) Requirements for testing and evaluation.--The 
        Secretary and the Commissioner shall ensure that the 
        testing and evaluation carried out in conducting 
        exercises under paragraph (1)--
                    (A) are performed using clear and objective 
                performance measures; and
                    (B) result in the identification of 
                specific recommendations or best practices for 
                responding to an incident described in 
                subsection (a)(1).
            (4) Dissemination of recommendations and best 
        practices.--The Secretary and the Commissioner shall--
                    (A) share the recommendations or best 
                practices identified under paragraph (3)(B) 
                among the members of the interagency Import 
                Safety Working Group established under section 
                201 and with, as appropriate--
                            (i) State, local, and tribal 
                        governments;
                            (ii) foreign governments; and
                            (iii) private sector entities; and
                    (B) use such recommendations and best 
                practices to update the joint import safety 
                rapid response plan.

SEC. 203. TRAINING.

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

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

SEC. 301. DEFINITION OF INTELLECTUAL PROPERTY RIGHTS.

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

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

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

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

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

SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES.

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

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

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

SEC. 305. NATIONAL INTELLECTUAL PROPERTY RIGHTS COORDINATION CENTER.

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

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

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

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

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

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

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

SEC. 309. INTERNATIONAL COOPERATION AND INFORMATION SHARING.

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

SEC. 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT.

    Not later than September 30, 2016, and annually thereafter, 
the Commissioner and the Director of U.S. Immigration and 
Customs Enforcement shall jointly submit to the Committee on 
Finance of the Senate, the Committee on Ways and Means of the 
House of Representatives, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the Committee on 
Homeland Security of the House of Representatives a report that 
contains the following:
            (1) With respect to the enforcement of intellectual 
        property rights, the following:
                    (A) The number of referrals, during the 
                preceding year, from U.S. Customs and Border 
                Protection to U.S. Immigration and Customs 
                Enforcement relating to infringement of 
                intellectual property rights.
                    (B) The number of investigations relating 
                to the infringement of intellectual property 
                rights referred by U.S. Immigration and Customs 
                Enforcement to a United States attorney for 
                prosecution and the United States attorneys to 
                which those investigations were referred.
                    (C) The number of such investigations 
                accepted by each such United States attorney 
                and the status or outcome of each such 
                investigation.
                    (D) The number of such investigations that 
                resulted in the imposition of civil or criminal 
                penalties.
                    (E) A description of the efforts of U.S. 
                Customs and Border Protection and U.S. 
                Immigration and Customs Enforcement to improve 
                the success rates of investigations and 
                prosecutions relating to the infringement of 
                intellectual property rights.
            (2) An estimate of the average time required by the 
        Office of Trade established under section 4 of the Act 
        of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 
        2071 et seq.), as added by section 802(h) of this Act, 
        to respond to a request from port personnel for advice 
        with respect to whether merchandise detained by U.S. 
        Customs and Border Protection infringed intellectual 
        property rights, distinguished by types of intellectual 
        property rights infringed.
            (3) A summary of the outreach efforts of U.S. 
        Customs and Border Protection and U.S. Immigration and 
        Customs Enforcement with respect to--
                    (A) the interdiction and investigation of, 
                and the sharing of information between those 
                agencies and other Federal agencies to prevent, 
                the infringement of intellectual property 
                rights;
                    (B) collaboration with private sector 
                entities--
                            (i) to identify trends in the 
                        infringement of, and technologies that 
                        infringe, intellectual property rights;
                            (ii) to identify opportunities for 
                        enhanced training of officers of U.S. 
                        Customs and Border Protection and U.S. 
                        Immigration and Customs Enforcement; 
                        and
                            (iii) to develop best practices to 
                        enforce intellectual property rights; 
                        and
                    (C) coordination with foreign governments 
                and international organizations with respect to 
                the enforcement of intellectual property 
                rights.
            (4) A summary of the efforts of U.S. Customs and 
        Border Protection and U.S. Immigration and Customs 
        Enforcement to address the challenges with respect to 
        the enforcement of intellectual property rights 
        presented by Internet commerce and the transit of small 
        packages and an identification of the volume, value, 
        and type of merchandise seized for infringing 
        intellectual property rights as a result of such 
        efforts.
            (5) A summary of training relating to the 
        enforcement of intellectual property rights conducted 
        under section 308 and expenditures for such training.

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

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

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

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Enforce and Protect Act of 
2015''.

SEC. 402. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Finance and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Ways and Means and the 
                Committee on Appropriations of the House of 
                Representatives.
            (2) Covered merchandise.--The term ``covered 
        merchandise'' means merchandise that is subject to--
                    (A) a countervailing duty order issued 
                under section 706 of the Tariff Act of 1930 (19 
                U.S.C. 1671e); or
                    (B) an antidumping duty order issued under 
                section 736 of the Tariff Act of 1930 (19 
                U.S.C. 1673e).
            (3) Eligible small business.--
                    (A) In general.--The term ``eligible small 
                business'' means any business concern that, in 
                the judgment of the Commissioner, due to its 
                small size, has neither adequate internal 
                resources nor financial ability to obtain 
                qualified outside assistance in preparing and 
                submitting for consideration allegations of 
                evasion.
                    (B) Nonreviewability.--Any agency decision 
                regarding whether a business concern is an 
                eligible small business for purposes of section 
                411(b)(4)(E) is not reviewable by any other 
                agency or by any court.
            (4) Enter; entry.--The terms ``enter'' and 
        ``entry'' refer to the entry, or withdrawal from 
        warehouse for consumption, of merchandise in the 
        customs territory of the United States.
            (5) Evade; evasion.--The terms ``evade'' and 
        ``evasion'' refer to entering covered merchandise into 
        the customs territory of the United States by means of 
        any document or electronically transmitted data or 
        information, written or oral statement, or act that is 
        material and false, or any omission that is material, 
        and that results in any cash deposit or other security 
        or any amount of applicable antidumping or 
        countervailing duties being reduced or not being 
        applied with respect to the merchandise.
            (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Treasury.
            (7) Trade remedy laws.--The term ``trade remedy 
        laws'' means title VII of the Tariff Act of 1930 (19 
        U.S.C. 1671 et seq.).

SEC. 403. APPLICATION TO CANADA AND MEXICO.

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

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

SEC. 411. TRADE REMEDY LAW ENFORCEMENT DIVISION.

    (a) Establishment.--
            (1) In general.--The Secretary of Homeland Security 
        shall establish and maintain within the Office of Trade 
        established under section 4 of the Act of March 3, 1927 
        (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), 
        as added by section 802(h) of this Act, a Trade Remedy 
        Law Enforcement Division.
            (2) Composition.--The Trade Remedy Law Enforcement 
        Division shall be composed of--
                    (A) headquarters personnel led by a 
                Director, who shall report to the Executive 
                Assistant Commissioner of the Office of Trade; 
                and
                    (B) a National Targeting and Analysis Group 
                dedicated to preventing and countering evasion.
            (3) Duties.--The Trade Remedy Law Enforcement 
        Division shall be dedicated--
                    (A) to the development and administration 
                of policies to prevent and counter evasion, 
                including policies relating to the 
                implementation of section 517 of the Tariff Act 
                of 1930, as added by section 421 of this Act;
                    (B) to direct enforcement and compliance 
                assessment activities concerning evasion;
                    (C) to the development and conduct of 
                commercial risk assessment targeting with 
                respect to cargo destined for the United States 
                in accordance with subsection (c);
                    (D) to issuing Trade Alerts described in 
                subsection (d); and
                    (E) to the development of policies for the 
                application of single entry and continuous 
                bonds for entries of covered merchandise to 
                sufficiently protect the collection of 
                antidumping and countervailing duties 
                commensurate with the level of risk of 
                noncollection.
    (b) Duties of Director.--The duties of the Director of the 
Trade Remedy Law Enforcement Division shall include--
            (1) directing the trade enforcement and compliance 
        assessment activities of U.S. Customs and Border 
        Protection that concern evasion;
            (2) facilitating, promoting, and coordinating 
        cooperation and the exchange of information between 
        U.S. Customs and Border Protection, U.S. Immigration 
        and Customs Enforcement, and other relevant Federal 
        agencies regarding evasion;
            (3) notifying on a timely basis the administering 
        authority (as defined in section 771(1) of the Tariff 
        Act of 1930 (19 U.S.C. 1677(1))) and the Commission (as 
        defined in section 771(2) of the Tariff Act of 1930 (19 
        U.S.C. 1677(2))) of any finding, determination, civil 
        action, or criminal action taken by U.S. Customs and 
        Border Protection or other Federal agency regarding 
        evasion;
            (4) serving as the primary liaison between U.S. 
        Customs and Border Protection and the public regarding 
        activities concerning evasion, including activities 
        relating to investigations conducted under section 517 
        of the Tariff Act of 1930, as added by section 421 of 
        this Act, which include--
                    (A) receiving allegations of evasion from 
                parties, including allegations described in 
                section 517(b)(2) of the Tariff Act of 1930, as 
                so added;
                    (B) upon request by the party or parties 
                that submitted such an allegation of evasion, 
                providing information to such party or parties 
                on the status of U.S. Customs and Border 
                Protection's consideration of the allegation 
                and decision to pursue or not pursue any 
                administrative inquiries or other actions, such 
                as changes in policies, procedures, or resource 
                allocation as a result of the allegation;
                    (C) as needed, requesting from the party or 
                parties that submitted such an allegation of 
                evasion any additional information that may be 
                relevant for U.S. Customs and Border Protection 
                determining whether to initiate an 
                administrative inquiry or take any other action 
                regarding the allegation;
                    (D) notifying on a timely basis the party 
                or parties that submitted such an allegation of 
                the results of any administrative, civil, or 
                criminal actions taken by U.S. Customs and 
                Border Protection or other Federal agency 
                regarding evasion as a direct or indirect 
                result of the allegation;
                    (E) upon request, providing technical 
                assistance and advice to eligible small 
                businesses to enable such businesses to prepare 
                and submit such an allegation of evasion, 
                except that the Director may deny technical 
                assistance if the Director concludes that the 
                allegation, if submitted, would not lead to the 
                initiation of an administrative inquiry or any 
                other action to address the allegation;
                    (F) in cooperation with the public, the 
                Commercial Customs Operations Advisory 
                Committee established under section 109, the 
                Trade Support Network, and any other relevant 
                parties and organizations, developing 
                guidelines on the types and nature of 
                information that may be provided in such an 
                allegation of evasion; and
                    (G) consulting regularly with the public, 
                the Commercial Customs Operations Advisory 
                Committee, the Trade Support Network, and any 
                other relevant parties and organizations 
                regarding the development and implementation of 
                regulations, interpretations, and policies 
                related to countering evasion.
    (c) Preventing and Countering Evasion of the Trade Remedy 
Laws.--In carrying out its duties with respect to preventing 
and countering evasion, the National Targeting and Analysis 
Group dedicated to preventing and countering evasion shall--
            (1) establish targeted risk assessment 
        methodologies and standards--
                    (A) for evaluating the risk that cargo 
                destined for the United States may constitute 
                evading covered merchandise; and
                    (B) for issuing, as appropriate, Trade 
                Alerts described in subsection (d); and
            (2) to the extent practicable and otherwise 
        authorized by law, use information available from the 
        Automated Commercial System, the Automated Commercial 
        Environment, the Automated Targeting System, the 
        Automated Export System, the International Trade Data 
        System established under section 411(d) of the Tariff 
        Act of 1930 (19 U.S.C. 1411(d)), and the TECS (formerly 
        known as the ``Treasury Enforcement Communications 
        System''), and any similar and successor systems, to 
        administer the methodologies and standards established 
        under paragraph (1).
    (d) Trade Alerts.--Based upon the application of the 
targeted risk assessment methodologies and standards 
established under subsection (c), the Director of the Trade 
Remedy Law Enforcement Division shall issue Trade Alerts or 
other such means of notification to directors of United States 
ports of entry directing further inspection, physical 
examination, or testing of merchandise to ensure compliance 
with the trade remedy laws and to require additional bonds, 
cash deposits, or other security to ensure collection of any 
duties, taxes, and fees owed.

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

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

SEC. 413. ACCESS TO INFORMATION.

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

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

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

SEC. 415. TRADE NEGOTIATING OBJECTIVES.

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

       Subtitle B--Investigation of Evasion of Trade Remedy Laws

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

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

``SEC. 517. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF 
                    ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.

    ``(a) Definitions.--In this section:
            ``(1) Administering authority.--The term 
        `administering authority' has the meaning given that 
        term in section 771(1).
            ``(2) Commissioner.--The term `Commissioner' means 
        the Commissioner of U.S. Customs and Border Protection.
            ``(3) Covered merchandise.--The term `covered 
        merchandise' means merchandise that is subject to--
                    ``(A) an antidumping duty order issued 
                under section 736; or
                    ``(B) a countervailing duty order issued 
                under section 706.
            ``(4) Enter; entry.--The terms `enter' and `entry' 
        refer to the entry, or withdrawal from warehouse for 
        consumption, of merchandise into the customs territory 
        of the United States.
            ``(5) Evasion.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `evasion' refers to 
                entering covered merchandise into the customs 
                territory of the United States by means of any 
                document or electronically transmitted data or 
                information, written or oral statement, or act 
                that is material and false, or any omission 
                that is material, and that results in any cash 
                deposit or other security or any amount of 
                applicable antidumping or countervailing duties 
                being reduced or not being applied with respect 
                to the merchandise.
                    ``(B) Exception for clerical error.--
                            ``(i) In general.--Except as 
                        provided in clause (ii), the term 
                        `evasion' does not include entering 
                        covered merchandise into the customs 
                        territory of the United States by means 
                        of--
                                    ``(I) a document or 
                                electronically transmitted data 
                                or information, written or oral 
                                statement, or act that is false 
                                as a result of a clerical 
                                error; or
                                    ``(II) an omission that 
                                results from a clerical error.
                            ``(ii) Patterns of negligent 
                        conduct.--If the Commissioner 
                        determines that a person has entered 
                        covered merchandise into the customs 
                        territory of the United States by means 
                        of a clerical error referred to in 
                        subclause (I) or (II) of clause (i) and 
                        that the clerical error is part of a 
                        pattern of negligent conduct on the 
                        part of that person, the Commissioner 
                        may determine, notwithstanding clause 
                        (i), that the person has entered such 
                        covered merchandise into the customs 
                        territory of the United States through 
                        evasion.
                            ``(iii) Electronic repetition of 
                        errors.--For purposes of clause (ii), 
                        the mere nonintentional repetition by 
                        an electronic system of an initial 
                        clerical error does not constitute a 
                        pattern of negligent conduct.
                            ``(iv) Rule of construction.--A 
                        determination by the Commissioner that 
                        a person has entered covered 
                        merchandise into the customs territory 
                        of the United States by means of a 
                        clerical error referred to in subclause 
                        (I) or (II) of clause (i) rather than 
                        through evasion shall not be construed 
                        to excuse that person from the payment 
                        of any duties applicable to the 
                        merchandise.
            ``(6) Interested party.--
                    ``(A) In general.--The term `interested 
                party' means--
                            ``(i) a foreign manufacturer, 
                        producer, or exporter, or the United 
                        States importer, of covered merchandise 
                        or a trade or business association a 
                        majority of the members of which are 
                        producers, exporters, or importers of 
                        such merchandise;
                            ``(ii) a manufacturer, producer, or 
                        wholesaler in the United States of a 
                        domestic like product;
                            ``(iii) a certified union or 
                        recognized union or group of workers 
                        that is representative of an industry 
                        engaged in the manufacture, production, 
                        or wholesale in the United States of a 
                        domestic like product;
                            ``(iv) a trade or business 
                        association a majority of the members 
                        of which manufacture, produce, or 
                        wholesale a domestic like product in 
                        the United States;
                            ``(v) an association a majority of 
                        the members of which is composed of 
                        interested parties described in clause 
                        (ii), (iii), or (iv) with respect to a 
                        domestic like product; and
                            ``(vi) if the covered merchandise 
                        is a processed agricultural product, as 
                        defined in section 771(4)(E), a 
                        coalition or trade association that is 
                        representative of either--
                                    ``(I) processors;
                                    ``(II) processors and 
                                producers; or
                                    ``(III) processors and 
                                growers.
                    ``(B) Domestic like product.--For purposes 
                of subparagraph (A), the term `domestic like 
                product' means a product that is like, or in 
                the absence of like, most similar in 
                characteristics and uses with, covered 
                merchandise.
    ``(b) Investigations.--
            ``(1) In general.--Not later than 15 business days 
        after receiving an allegation described in paragraph 
        (2) or a referral described in paragraph (3), the 
        Commissioner shall initiate an investigation if the 
        Commissioner determines that the information provided 
        in the allegation or the referral, as the case may be, 
        reasonably suggests that covered merchandise has been 
        entered into the customs territory of the United States 
        through evasion.
            ``(2) Allegation described.--An allegation 
        described in this paragraph is an allegation that a 
        person has entered covered merchandise into the customs 
        territory of the United States through evasion that 
        is--
                    ``(A) filed with the Commissioner by an 
                interested party; and
                    ``(B) accompanied by information reasonably 
                available to the party that filed the 
                allegation.
            ``(3) Referral described.--A referral described in 
        this paragraph is information submitted to the 
        Commissioner by any other Federal agency, including the 
        Department of Commerce or the United States 
        International Trade Commission, that reasonably 
        suggests that a person has entered covered merchandise 
        into the customs territory of the United States through 
        evasion.
            ``(4) Consideration by administering authority.--
                    ``(A) In general.--If the Commissioner 
                receives an allegation under paragraph (2) and 
                is unable to determine whether the merchandise 
                at issue is covered merchandise, the 
                Commissioner shall--
                            ``(i) refer the matter to the 
                        administering authority to determine 
                        whether the merchandise is covered 
                        merchandise pursuant to the authority 
                        of the administering authority under 
                        title VII; and
                            ``(ii) notify the party that filed 
                        the allegation, and any other 
                        interested party participating in the 
                        investigation, of the referral.
                    ``(B) Determination; transmission to 
                commissioner.--After receiving a referral under 
                subparagraph (A)(i) with respect to 
                merchandise, the administering authority shall 
                determine whether the merchandise is covered 
                merchandise and promptly transmit that 
                determination to the Commissioner.
                    ``(C) Stay of deadlines.--The period 
                required for any referral and determination 
                under this paragraph shall not be counted in 
                calculating any deadline under this section.
                    ``(D) Rule of construction.--Nothing in 
                this paragraph shall be construed to affect the 
                authority of an interested party to commence an 
                action in the United States Court of 
                International Trade under section 516A(a)(2) 
                with respect to a determination of the 
                administering authority under this paragraph.
            ``(5) Consolidation of allegations and referrals.--
                    ``(A) In general.--The Commissioner may 
                consolidate multiple allegations described in 
                paragraph (2) and referrals described in 
                paragraph (3) into a single investigation if 
                the Commissioner determines it is appropriate 
                to do so.
                    ``(B) Effect on timing requirements.--If 
                the Commissioner consolidates multiple 
                allegations or referrals into a single 
                investigation under subparagraph (A), the date 
                on which the Commissioner receives the first 
                such allegation or referral shall be used for 
                purposes of the requirement under paragraph (1) 
                with respect to the timing of the initiation of 
                the investigation.
            ``(6) Information-sharing to protect health and 
        safety.--If, during the course of conducting an 
        investigation under paragraph (1) with respect to 
        covered merchandise, the Commissioner has reason to 
        suspect that such covered merchandise may pose a health 
        or safety risk to consumers, the Commissioner shall 
        provide, as appropriate, information to the appropriate 
        Federal agencies for purposes of mitigating the risk.
            ``(7) Technical assistance and advice.--
                    ``(A) In general.--Upon request, the 
                Commissioner shall provide technical assistance 
                and advice to eligible small businesses to 
                enable such businesses to prepare and submit 
                allegations described in paragraph (2), except 
                that the Commissioner may deny technical 
                assistance if the Commissioner concludes that 
                the allegation, if submitted, would not lead to 
                the initiation of an investigation under this 
                subsection or any other action to address the 
                allegation.
                    ``(B) Eligible small business defined.--
                            ``(i) In general.--In this 
                        paragraph, the term `eligible small 
                        business' means any business concern 
                        that the Commissioner determines, due 
                        to its small size, has neither adequate 
                        internal resources nor the financial 
                        ability to obtain qualified outside 
                        assistance in preparing and filing 
                        allegations described in paragraph (2).
                            ``(ii) Non-reviewability.--The 
                        determination of the Commissioner 
                        regarding whether a business concern is 
                        an eligible small business for purposes 
                        of this paragraph is not reviewable by 
                        any other agency or by any court.
    ``(c) Determinations.--
            ``(1) Determination of evasion.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), not later than 300 calendar 
                days after the date on which the Commissioner 
                initiates an investigation under subsection (b) 
                with respect to covered merchandise, the 
                Commissioner shall make a determination, based 
                on substantial evidence, with respect to 
                whether such covered merchandise was entered 
                into the customs territory of the United States 
                through evasion.
                    ``(B) Additional time.--The Commissioner 
                may extend the time to make a determination 
                under subparagraph (A) by not more than 60 
                calendar days if the Commissioner determines 
                that--
                            ``(i) the investigation is 
                        extraordinarily complicated because 
                        of--
                                    ``(I) the number and 
                                complexity of the transactions 
                                to be investigated;
                                    ``(II) the novelty of the 
                                issues presented; or
                                    ``(III) the number of 
                                entities to be investigated; 
                                and
                            ``(ii) additional time is necessary 
                        to make the determination under 
                        subparagraph (A).
            ``(2) Authority to collect and verify additional 
        information.--In making a determination under paragraph 
        (1) with respect to covered merchandise, the 
        Commissioner may collect such additional information as 
        is necessary to make the determination through such 
        methods as the Commissioner considers appropriate, 
        including by--
                    ``(A) issuing a questionnaire with respect 
                to such covered merchandise to--
                            ``(i) an interested party that 
                        filed an allegation under paragraph (2) 
                        of subsection (b) that resulted in the 
                        initiation of an investigation under 
                        paragraph (1) of that subsection with 
                        respect to such covered merchandise;
                            ``(ii) a person alleged to have 
                        entered such covered merchandise into 
                        the customs territory of the United 
                        States through evasion;
                            ``(iii) a person that is a foreign 
                        producer or exporter of such covered 
                        merchandise; or
                            ``(iv) the government of a country 
                        from which such covered merchandise was 
                        exported; and
                    ``(B) conducting verifications, including 
                on-site verifications, of any relevant 
                information.
            ``(3) Adverse inference.--
                    ``(A) In general.--If the Commissioner 
                finds that a party or person described in 
                clause (i), (ii), or (iii) of paragraph (2)(A) 
                has failed to cooperate by not acting to the 
                best of the party or person's ability to comply 
                with a request for information, the 
                Commissioner may, in making a determination 
                under paragraph (1), use an inference that is 
                adverse to the interests of that party or 
                person in selecting from among the facts 
                otherwise available to make the determination.
                    ``(B) Application.--An inference described 
                in subparagraph (A) may be used under that 
                subparagraph with respect to a person described 
                in clause (ii) or (iii) of paragraph (2)(A) 
                without regard to whether another person 
                involved in the same transaction or 
                transactions under examination has provided the 
                information sought by the Commissioner, such as 
                import or export documentation.
                    ``(C) Adverse inference described.--An 
                adverse inference used under subparagraph (A) 
                may include reliance on information derived 
                from--
                            ``(i) the allegation of evasion of 
                        the trade remedy laws, if any, 
                        submitted to U.S. Customs and Border 
                        Protection;
                            ``(ii) a determination by the 
                        Commissioner in another investigation, 
                        proceeding, or other action regarding 
                        evasion of the unfair trade laws; or
                            ``(iii) any other available 
                        information.
            ``(4) Notification.--Not later than 5 business days 
        after making a determination under paragraph (1) with 
        respect to covered merchandise, the Commissioner--
                    ``(A) shall provide to each interested 
                party that filed an allegation under paragraph 
                (2) of subsection (b) that resulted in the 
                initiation of an investigation under paragraph 
                (1) of that subsection with respect to such 
                covered merchandise a notification of the 
                determination and may, in addition, include an 
                explanation of the basis for the determination; 
                and
                    ``(B) may provide to importers, in such 
                manner as the Commissioner determines 
                appropriate, information discovered in the 
                investigation that the Commissioner determines 
                will help educate importers with respect to 
                importing merchandise into the customs 
                territory of the United States in accordance 
                with all applicable laws and regulations.
    ``(d) Effect of Determinations.--
            ``(1) In general.--If the Commissioner makes a 
        determination under subsection (c) that covered 
        merchandise was entered into the customs territory of 
        the United States through evasion, the Commissioner 
        shall--
                    ``(A)(i) suspend the liquidation of 
                unliquidated entries of such covered 
                merchandise that are subject to the 
                determination and that enter on or after the 
                date of the initiation of the investigation 
                under subsection (b) with respect to such 
                covered merchandise and on or before the date 
                of the determination; or
                    ``(ii) if the Commissioner has already 
                suspended the liquidation of such entries 
                pursuant to subsection (e)(1), continue to 
                suspend the liquidation of such entries;
                    ``(B) pursuant to the Commissioner's 
                authority under section 504(b)--
                            ``(i) extend the period for 
                        liquidating unliquidated entries of 
                        such covered merchandise that are 
                        subject to the determination and that 
                        entered before the date of the 
                        initiation of the investigation; or
                            ``(ii) if the Commissioner has 
                        already extended the period for 
                        liquidating such entries pursuant to 
                        subsection (e)(1), continue to extend 
                        the period for liquidating such 
                        entries;
                    ``(C) notify the administering authority of 
                the determination and request that the 
                administering authority--
                            ``(i) identify the applicable 
                        antidumping or countervailing duty 
                        assessment rates for entries described 
                        in subparagraphs (A) and (B); or
                            ``(ii) if no such assessment rate 
                        for such an entry is available at the 
                        time, identify the applicable cash 
                        deposit rate to be applied to the 
                        entry, with the applicable antidumping 
                        or countervailing duty assessment rate 
                        to be provided as soon as that rate 
                        becomes available;
                    ``(D) require the posting of cash deposits 
                and assess duties on entries described in 
                subparagraphs (A) and (B) in accordance with 
                the instructions received from the 
                administering authority under paragraph (2); 
                and
                    ``(E) take such additional enforcement 
                measures as the Commissioner determines 
                appropriate, such as--
                            ``(i) initiating proceedings under 
                        section 592 or 596;
                            ``(ii) implementing, in 
                        consultation with the relevant Federal 
                        agencies, rule sets or modifications to 
                        rule sets for identifying, particularly 
                        through the Automated Targeting System 
                        and the Automated Commercial 
                        Environment authorized under section 
                        13031(f)(4) of the Consolidated Omnibus 
                        Budget Reconciliation Act of 1985 (19 
                        U.S.C. 58c(f)(4)), importers, other 
                        parties, and merchandise that may be 
                        associated with evasion;
                            ``(iii) requiring, with respect to 
                        merchandise for which the importer has 
                        repeatedly provided incomplete or 
                        erroneous entry summary information in 
                        connection with determinations of 
                        evasion, the importer to deposit 
                        estimated duties at the time of entry; 
                        and
                            ``(iv) referring the record in 
                        whole or in part to U.S. Immigration 
                        and Customs Enforcement for civil or 
                        criminal investigation.
            ``(2) Cooperation of administering authority.--
                    ``(A) In general.--Upon receiving a 
                notification from the Commissioner under 
                paragraph (1)(C), the administering authority 
                shall promptly provide to the Commissioner the 
                applicable cash deposit rates and antidumping 
                or countervailing duty assessment rates and any 
                necessary liquidation instructions.
                    ``(B) Special rule for cases in which the 
                producer or exporter is unknown.--If the 
                Commissioner and the administering authority 
                are unable to determine the producer or 
                exporter of the merchandise with respect to 
                which a notification is made under paragraph 
                (1)(C), the administering authority shall 
                identify, as the applicable cash deposit rate 
                or antidumping or countervailing duty 
                assessment rate, the cash deposit or duty (as 
                the case may be) in the highest amount 
                applicable to any producer or exporter, 
                including the `all-others' rate of the 
                merchandise subject to an antidumping order or 
                countervailing duty order under section 736 or 
                706, respectively, or a finding issued under 
                the Antidumping Act, 1921, or any 
                administrative review conducted under section 
                751.
    ``(e) Interim Measures.--Not later than 90 calendar days 
after initiating an investigation under subsection (b) with 
respect to covered merchandise, the Commissioner shall decide 
based on the investigation if there is a reasonable suspicion 
that such covered merchandise was entered into the customs 
territory of the United States through evasion and, if the 
Commissioner decides there is such a reasonable suspicion, the 
Commissioner shall--
            ``(1) suspend the liquidation of each unliquidated 
        entry of such covered merchandise that entered on or 
        after the date of the initiation of the investigation;
            ``(2) pursuant to the Commissioner's authority 
        under section 504(b), extend the period for liquidating 
        each unliquidated entry of such covered merchandise 
        that entered before the date of the initiation of the 
        investigation; and
            ``(3) pursuant to the Commissioner's authority 
        under section 623, take such additional measures as the 
        Commissioner determines necessary to protect the 
        revenue of the United States, including requiring a 
        single transaction bond or additional security or the 
        posting of a cash deposit with respect to such covered 
        merchandise.
    ``(f) Administrative Review.--
            ``(1) In general.--Not later than 30 business days 
        after the Commissioner makes a determination under 
        subsection (c) with respect to whether covered 
        merchandise was entered into the customs territory of 
        the United States through evasion, a person determined 
        to have entered such covered merchandise through 
        evasion or an interested party that filed an allegation 
        under paragraph (2) of subsection (b) that resulted in 
        the initiation of an investigation under paragraph (1) 
        of that subsection with respect to such covered 
        merchandise may file an appeal with the Commissioner 
        for de novo review of the determination.
            ``(2) Timeline for review.--Not later than 60 
        business days after an appeal of a determination is 
        filed under paragraph (1), the Commissioner shall 
        complete the review of the determination.
    ``(g) Judicial Review.--
            ``(1) In general.--Not later than 30 business days 
        after the Commissioner completes a review under 
        subsection (f) of a determination under subsection (c) 
        with respect to whether covered merchandise was entered 
        into the customs territory of the United States through 
        evasion, a person determined to have entered such 
        covered merchandise through evasion or an interested 
        party that filed an allegation under paragraph (2) of 
        subsection (b) that resulted in the initiation of an 
        investigation under paragraph (1) of that subsection 
        with respect to such covered merchandise may seek 
        judicial review of the determination under subsection 
        (c) and the review under subsection (f) in the United 
        States Court of International Trade to determine 
        whether the determination and review is conducted in 
        accordance with subsections (c) and (f).
            ``(2) Standard of review.--In determining whether a 
        determination under subsection (c) or review under 
        subsection (f) is conducted in accordance with those 
        subsections, the United States Court of International 
        Trade shall examine--
                    ``(A) whether the Commissioner fully 
                complied with all procedures under subsections 
                (c) and (f); and
                    ``(B) whether any determination, finding, 
                or conclusion is arbitrary, capricious, an 
                abuse of discretion, or otherwise not in 
                accordance with law.
            ``(3) Rule of construction.--Nothing in this 
        subsection shall affect the availability of judicial 
        review to an interested party under any other provision 
        of law.
    ``(h) Rule of Construction With Respect to Other Civil and 
Criminal Proceedings and Investigations.--No determination 
under subsection (c), review under subsection (f), or action 
taken by the Commissioner pursuant to this section shall 
preclude any individual or entity from proceeding, or otherwise 
affect or limit the authority of any individual or entity to 
proceed, with any civil, criminal, or administrative 
investigation or proceeding pursuant to any other provision of 
Federal or State law, including sections 592 and 596.''.
    (b) Conforming Amendment.--Section 1581(c) of title 28, 
United States Code, is amended by inserting ``or 517'' after 
``516A''.
    (c) Effective Date.--The amendments made by this section 
shall take effect on the date that is 180 days after the date 
of the enactment of this Act.
    (d) Regulations.--Not later than the date that is 180 days 
after the date of the enactment of this Act, the Secretary 
shall prescribe such regulations as may be necessary to 
implement the amendments made by this section.

                       Subtitle C--Other Matters

SEC. 431. ALLOCATION AND TRAINING OF PERSONNEL.

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

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

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

SEC. 433. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS.

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

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

SECTION 501. SHORT TITLE.

    This title may be cited as the ``Small Business Trade 
Enhancement Act of 2015'' or the ``State Trade Coordination 
Act''.

SEC. 502. OUTREACH AND INPUT FROM SMALL BUSINESSES TO TRADE PROMOTION 
                    AUTHORITY.

    Section 203 of Public Law 94-305 (15 U.S.C. 634c) is 
amended--
            (1) in the matter preceding paragraph (1), by 
        striking ``The Office of Advocacy'' and inserting the 
        following:
    ``(a) In General.--The Office of Advocacy''; and
            (2) by adding at the end the following:
    ``(b) Outreach and Input From Small Businesses on Trade 
Promotion Authority.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `agency' has the meaning 
                given the term in section 551 of title 5, 
                United States Code;
                    ``(B) the term `Chief Counsel for Advocacy' 
                means the Chief Counsel for Advocacy of the 
                Small Business Administration;
                    ``(C) the term `covered trade agreement' 
                means a trade agreement being negotiated 
                pursuant to section 103(b) of the Bipartisan 
                Congressional Trade Priorities and 
                Accountability Act of 2015 (Public Law 114-26; 
                19 U.S.C. 4202(b)); and
                    ``(D) the term `Working Group' means the 
                Interagency Working Group convened under 
                paragraph (2)(A).
            ``(2) Working group.--
                    ``(A) In general.--Not later than 30 days 
                after the date on which the President submits 
                the notification required under section 105(a) 
                of the Bipartisan Congressional Trade 
                Priorities and Accountability Act of 2015 
                (Public Law 114-26; 19 U.S.C. 4204(a)), the 
                Chief Counsel for Advocacy shall convene an 
                Interagency Working Group, which shall consist 
                of an employee from each of the following 
                agencies, as selected by the head of the agency 
                or an official delegated by the head of the 
                agency:
                            ``(i) The Office of the United 
                        States Trade Representative.
                            ``(ii) The Department of Commerce.
                            ``(iii) The Department of 
                        Agriculture.
                            ``(iv) Any other agency that the 
                        Chief Counsel for Advocacy, in 
                        consultation with the United States 
                        Trade Representative, determines to be 
                        relevant with respect to the subject of 
                        the covered trade agreement.
                    ``(B) Views of small businesses.--Not later 
                than 30 days after the date on which the Chief 
                Counsel for Advocacy convenes the Working Group 
                under subparagraph (A), the Chief Counsel for 
                Advocacy shall identify a diverse group of 
                small businesses, representatives of small 
                businesses, or a combination thereof, to 
                provide to the Working Group the views of small 
                businesses in the manufacturing, services, and 
                agriculture industries on the potential 
                economic effects of the covered trade 
                agreement.
            ``(3) Report.--
                    ``(A) In general.--Not later than 180 days 
                after the date on which the Chief Counsel for 
                Advocacy convenes the Working Group under 
                paragraph (2)(A), the Chief Counsel for 
                Advocacy shall submit to the Committee on Small 
                Business and Entrepreneurship and the Committee 
                on Finance of the Senate and the Committee on 
                Small Business and the Committee on Ways and 
                Means of the House of Representatives a report 
                on the economic impacts of the covered trade 
                agreement on small businesses, which shall--
                            ``(i) identify the most important 
                        priorities, opportunities, and 
                        challenges to various industries from 
                        the covered trade agreement;
                            ``(ii) assess the impact for new 
                        small businesses to start exporting, or 
                        increase their exports, to markets in 
                        countries that are parties to the 
                        covered trade agreement;
                            ``(iii) analyze the competitive 
                        position of industries likely to be 
                        significantly affected by the covered 
                        trade agreement;
                            ``(iv) identify--
                                    ``(I) any State-owned 
                                enterprises in each country 
                                participating in negotiations 
                                for the covered trade agreement 
                                that could pose a threat to 
                                small businesses; and
                                    ``(II) any steps to take to 
                                create a level playing field 
                                for those small businesses;
                            ``(v) identify any rule of an 
                        agency that should be modified to 
                        become compliant with the covered trade 
                        agreement; and
                            ``(vi) include an overview of the 
                        methodology used to develop the report, 
                        including the number of small business 
                        participants by industry, how those 
                        small businesses were selected, and any 
                        other factors that the Chief Counsel 
                        for Advocacy may determine appropriate.
                    ``(B) Delayed submission.--To ensure that 
                negotiations for the covered trade agreement 
                are not disrupted, the President may require 
                that the Chief Counsel for Advocacy delay 
                submission of the report under subparagraph (A) 
                until after the negotiations for the covered 
                trade agreement are concluded, provided that 
                the delay allows the Chief Counsel for Advocacy 
                to submit the report to Congress not later than 
                45 days before the Senate or the House of 
                Representatives acts to approve or disapprove 
                the covered trade agreement.
                    ``(C) Avoidance of duplication.--The Chief 
                Counsel for Advocacy shall, to the extent 
                practicable, coordinate the submission of the 
                report under this paragraph with the United 
                States International Trade Commission, the 
                United States Trade Representative, other 
                agencies, and trade advisory committees to 
                avoid unnecessary duplication of reporting 
                requirements.''.

SEC. 503. STATE TRADE EXPANSION PROGRAM.

    Section 22 of the Small Business Act (15 U.S.C. 649) is 
amended--
            (1) by redesignating subsection (l) as subsection 
        (m); and
            (2) by inserting after subsection (k) the 
        following:
    ``(l) State Trade Expansion Program.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `eligible small business 
                concern' means a business concern that--
                            ``(i) is organized or incorporated 
                        in the United States;
                            ``(ii) is operating in the United 
                        States;
                            ``(iii) meets--
                                    ``(I) the applicable 
                                industry-based small business 
                                size standard established under 
                                section 3; or
                                    ``(II) the alternate size 
                                standard applicable to the 
                                program under section 7(a) of 
                                this Act and the loan programs 
                                under title V of the Small 
                                Business Investment Act of 1958 
                                (15 U.S.C. 695 et seq.);
                            ``(iv) has been in business for not 
                        less than 1 year, as of the date on 
                        which assistance using a grant under 
                        this subsection commences; and
                            ``(v) has access to sufficient 
                        resources to bear the costs associated 
                        with trade, including the costs of 
                        packing, shipping, freight forwarding, 
                        and customs brokers;
                    ``(B) the term `program' means the State 
                Trade Expansion Program established under 
                paragraph (2);
                    ``(C) the term `rural small business 
                concern' means an eligible small business 
                concern located in a rural area, as that term 
                is defined in section 1393(a)(2) of the 
                Internal Revenue Code of 1986;
                    ``(D) the term `socially and economically 
                disadvantaged small business concern' has the 
                meaning given that term in section 8(a)(4)(A) 
                of the Small Business Act (15 U.S.C. 
                637(a)(4)(A)); and
                    ``(E) the term `State' means each of the 
                several States, the District of Columbia, the 
                Commonwealth of Puerto Rico, the Virgin 
                Islands, Guam, the Commonwealth of the Northern 
                Mariana Islands, and American Samoa.
            ``(2) Establishment of program.--The Associate 
        Administrator shall establish a trade expansion 
        program, to be known as the `State Trade Expansion 
        Program', to make grants to States to carry out 
        programs that assist eligible small business concerns 
        in--
                    ``(A) participation in foreign trade 
                missions;
                    ``(B) a subscription to services provided 
                by the Department of Commerce;
                    ``(C) the payment of website fees;
                    ``(D) the design of marketing media;
                    ``(E) a trade show exhibition;
                    ``(F) participation in training workshops;
                    ``(G) a reverse trade mission;
                    ``(H) procurement of consultancy services 
                (after consultation with the Department of 
                Commerce to avoid duplication); or
                    ``(I) any other initiative determined 
                appropriate by the Associate Administrator.
            ``(3) Grants.--
                    ``(A) Joint review.--In carrying out the 
                program, the Associate Administrator may make a 
                grant to a State to increase the number of 
                eligible small business concerns in the State 
                exploring significant new trade opportunities.
                    ``(B) Considerations.--In making grants 
                under this subsection, the Associate 
                Administrator may give priority to an 
                application by a State that proposes a program 
                that--
                            ``(i) focuses on eligible small 
                        business concerns as part of a trade 
                        expansion program;
                            ``(ii) demonstrates intent to 
                        promote trade expansion by--
                                    ``(I) socially and 
                                economically disadvantaged 
                                small business concerns;
                                    ``(II) small business 
                                concerns owned or controlled by 
                                women; and
                                    ``(III) rural small 
                                business concerns;
                            ``(iii) promotes trade facilitation 
                        from a State that is not 1 of the 10 
                        States with the highest percentage of 
                        eligible small business concerns that 
                        are engaged in international trade, 
                        based upon the most recent data from 
                        the Department of Commerce; and
                            ``(iv) includes--
                                    ``(I) activities which have 
                                resulted in the highest return 
                                on investment based on the most 
                                recent year; and
                                    ``(II) the adoption of 
                                shared best practices included 
                                in the annual report of the 
                                Administration.
                    ``(C) Limitations.--
                            ``(i) Single application.--A State 
                        may not submit more than 1 application 
                        for a grant under the program in any 1 
                        fiscal year.
                            ``(ii) Proportion of amounts.--The 
                        total value of grants made under the 
                        program during a fiscal year to the 10 
                        States with the highest percentage of 
                        eligible small business concerns, based 
                        upon the most recent data available 
                        from the Department of Commerce, shall 
                        be not more than 40 percent of the 
                        amounts appropriated for the program 
                        for that fiscal year.
                            ``(iii) Duration.--The Associate 
                        Administrator shall award a grant under 
                        this program for a period of not more 
                        than 2 years.
                    ``(D) Application.--
                            ``(i) In general.--A State desiring 
                        a grant under the program shall submit 
                        an application at such time, in such 
                        manner, and accompanied by such 
                        information as the Associate 
                        Administrator may establish.
                            ``(ii) Consultation to reduce 
                        duplication.--A State desiring a grant 
                        under the program shall--
                                    ``(I) before submitting an 
                                application under clause (i), 
                                consult with applicable trade 
                                agencies of the Federal 
                                Government on the scope and 
                                mission of the activities the 
                                State proposes to carry out 
                                using the grant, to ensure 
                                proper coordination and reduce 
                                duplication in services; and
                                    ``(II) document the 
                                consultation conducted under 
                                subclause (I) in the 
                                application submitted under 
                                clause (i).
            ``(4) Competitive basis.--The Associate 
        Administrator shall award grants under the program on a 
        competitive basis.
            ``(5) Federal share.--The Federal share of the cost 
        of a trade expansion program carried out using a grant 
        under the program shall be--
                    ``(A) for a State that has a high trade 
                volume, as determined by the Associate 
                Administrator, not more than 65 percent; and
                    ``(B) for a State that does not have a high 
                trade volume, as determined by the Associate 
                Administrator, not more than 75 percent.
            ``(6) Non-federal share.--The non-Federal share of 
        the cost of a trade expansion program carried out using 
        a grant under the program shall be comprised of not 
        less than 50 percent cash and not more than 50 percent 
        of indirect costs and in-kind contributions, except 
        that no such costs or contributions may be derived from 
        funds from any other Federal program.
            ``(7) Reports.--
                    ``(A) Initial report.--Not later than 120 
                days after the date of enactment of this 
                subsection, the Associate Administrator shall 
                submit to the Committee on Small Business and 
                Entrepreneurship of the Senate and the 
                Committee on Small Business of the House of 
                Representatives a report, which shall include--
                            ``(i) a description of the 
                        structure of and procedures for the 
                        program;
                            ``(ii) a management plan for the 
                        program; and
                            ``(iii) a description of the merit-
                        based review process to be used in the 
                        program.
                    ``(B) Annual reports.--
                            ``(i) In general.--The Associate 
                        Administrator shall publish on the 
                        website of the Administration an annual 
                        report regarding the program, which 
                        shall include--
                                    ``(I) the number and amount 
                                of grants made under the 
                                program during the preceding 
                                year;
                                    ``(II) a list of the States 
                                receiving a grant under the 
                                program during the preceding 
                                year, including the activities 
                                being performed with each 
                                grant;
                                    ``(III) the effect of each 
                                grant on the eligible small 
                                business concerns in the State 
                                receiving the grant;
                                    ``(IV) the total return on 
                                investment for each State; and
                                    ``(V) a description of best 
                                practices by States that showed 
                                high returns on investment and 
                                significant progress in helping 
                                more eligible small business 
                                concerns.
                            ``(ii) Notice to congress.--On the 
                        date on which the Associate 
                        Administrator publishes a report under 
                        clause (i), the Associate Administrator 
                        shall notify the Committee on Small 
                        Business and Entrepreneurship of the 
                        Senate and the Committee on Small 
                        Business of the House of 
                        Representatives that the report has 
                        been published.
            ``(8) Reviews by inspector general.--
                    ``(A) In general.--The Inspector General of 
                the Administration shall conduct a review of--
                            ``(i) the extent to which 
                        recipients of grants under the program 
                        are measuring the performance of the 
                        activities being conducted and the 
                        results of the measurements; and
                            ``(ii) the overall management and 
                        effectiveness of the program.
                    ``(B) Reports.--
                            ``(i) Pilot program.--Not later 
                        than 6 months after the date of 
                        enactment of this subsection, the 
                        Inspector General of the Administration 
                        shall submit to the Committee on Small 
                        Business and Entrepreneurship of the 
                        Senate and the Committee on Small 
                        Business of the House of 
                        Representatives a report regarding the 
                        use of amounts made available under the 
                        State Trade and Export Promotion Grant 
                        Program under section 1207 of the Small 
                        Business Jobs Act of 2010 (15 U.S.C. 
                        649b note).
                            ``(ii) New step program.--Not later 
                        than 18 months after the date on which 
                        the first grant is awarded under this 
                        subsection, the Inspector General of 
                        the Administration shall submit to the 
                        Committee on Small Business and 
                        Entrepreneurship of the Senate and the 
                        Committee on Small Business of the 
                        House of Representatives a report 
                        regarding the review conducted under 
                        subparagraph (A).
            ``(9) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out the program 
        $30,000,000 for each of fiscal years 2016 through 
        2020.''.

SEC. 504. STATE AND FEDERAL EXPORT PROMOTION COORDINATION.

    (a) State and Federal Export Promotion Coordination Working 
Group.--Subtitle C of the Export Enhancement Act of 1988 (15 
U.S.C. 4721 et seq.) is amended by inserting after section 2313 
the following:

``SEC. 2313A. STATE AND FEDERAL EXPORT PROMOTION COORDINATION WORKING 
                    GROUP.

    ``(a) Statement of Policy.--It is the policy of the United 
States to promote exports as an opportunity for small 
businesses. In exercising their powers and functions in order 
to advance that policy, all Federal agencies shall work 
constructively with State and local agencies engaged in export 
promotion and export financing activities.
    ``(b) Establishment.--The President shall establish a State 
and Federal Export Promotion Coordination Working Group (in 
this section referred to as the `Working Group') as a 
subcommittee of the Trade Promotion Coordination Committee (in 
this section referred to as the `TPCC').
    ``(c) Purposes.--The purposes of the Working Group are--
            ``(1) to identify issues related to the 
        coordination of Federal resources relating to export 
        promotion and export financing with such resources 
        provided by State and local governments;
            ``(2) to identify ways to improve coordination with 
        respect to export promotion and export financing 
        activities through the strategic plan developed under 
        section 2312(c);
            ``(3) to develop a strategy for improving 
        coordination of Federal and State resources relating to 
        export promotion and export financing, including 
        methods to eliminate duplication of effort and 
        overlapping functions; and
            ``(4) to develop a strategic plan for considering 
        and implementing the suggestions of the Working Group 
        as part of the strategic plan developed under section 
        2312(c).
    ``(d) Membership.--The Secretary of Commerce shall select 
the members of the Working Group, who shall include--
            ``(1) representatives from State trade agencies 
        representing regionally diverse areas; and
            ``(2) representatives of the departments and 
        agencies that are represented on the TPCC, who are 
        designated by the heads of their respective departments 
        or agencies to advise the head on ways of promoting the 
        exportation of United States goods and services.''.
    (b) Report on Improvements to Export.gov as a Single Window 
for Export Information.--
            (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Associate 
        Administrator for International Trade of the Small 
        Business Administration shall, after consultation with 
        the entities specified in paragraph (2), submit to the 
        appropriate congressional committees a report that 
        includes the recommendations of the Associate 
        Administrator for improving the experience provided by 
        the Internet website Export.gov (or a successor 
        website) as--
                    (A) a comprehensive resource for 
                information about exporting articles from the 
                United States; and
                    (B) a single website for exporters to 
                submit all information required by the Federal 
                Government with respect to the exportation of 
                articles from the United States.
            (2) Entities specified.--The entities specified in 
        this paragraph are--
                    (A) small business concerns (as defined in 
                section 3 of the Small Business Act (15 U.S.C. 
                632)) that are exporters; and
                    (B) the President's Export Council, State 
                agencies with responsibility for export 
                promotion or export financing, district export 
                councils, and trade associations.
            (3) Appropriate congressional committees defined.--
        In this subsection, the term ``appropriate 
        congressional committees'' means--
                    (A) the Committee on Small Business and 
                Entrepreneurship and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate; and
                    (B) the Committee on Small Business and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
    (c) Availability of State Resources Guides on Export.gov.--
The Secretary of Commerce shall make available on the Internet 
website Export.gov (or a successor website) information on the 
resources relating to export promotion and export financing 
available in each State--
            (1) organized by State; and
            (2) including information on State agencies with 
        responsibility for export promotion or export financing 
        and district export councils and trade associations 
        located in the State.

SEC. 505. STATE TRADE COORDINATION.

    (a) Membership of Representatives of State Trade Promotion 
Agencies on Trade Promotion Coordinating Committee.--Section 
2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is 
amended--
            (1) in subsection (d)--
                    (A) by redesignating paragraph (2) as 
                paragraph (3); and
                    (B) by inserting after paragraph (1) the 
                following:
            ``(2) Representatives from state trade promotion 
        agencies.--The TPCC shall also include 1 or more 
        members appointed by the President who are 
        representatives of State trade promotion agencies.''; 
        and
            (2) in subsection (e), in the first sentence, by 
        inserting ``(other than members described in subsection 
        (d)(2))'' after ``Members of the TPCC''.
    (b) Federal and State Export Promotion Coordination Plan.--
            (1) In general.--The Secretary of Commerce, acting 
        through the Trade Promotion Coordinating Committee and 
        in coordination with representatives of State trade 
        promotion agencies, shall develop a comprehensive plan 
        to integrate the resources and strategies of State 
        trade promotion agencies into the overall Federal trade 
        promotion program.
            (2) Matters to be included.--The plan required 
        under paragraph (1) shall include the following:
                    (A) A description of the role of State 
                trade promotion agencies in assisting 
                exporters.
                    (B) An outline of the role of State trade 
                promotion agencies and how it is different from 
                Federal agencies located within or providing 
                services within the State.
                    (C) A plan on how to utilize State trade 
                promotion agencies in the Federal trade 
                promotion program.
                    (D) An explanation of how Federal and State 
                agencies will share information and resources.
                    (E) A description of how Federal and State 
                agencies will coordinate education and trade 
                events in the United States and abroad.
                    (F) A description of the efforts to 
                increase efficiency and reduce duplication.
                    (G) A clear identification of where 
                businesses can receive appropriate 
                international trade information under the plan.
            (3) Deadline.--The plan required under paragraph 
        (1) shall be finalized and submitted to Congress not 
        later than 12 months after the date of the enactment of 
        this Act.
    (c) Annual Federal-State Export Strategy.--
            (1) In general.--The Secretary of Commerce, acting 
        through the head of the United States Foreign and 
        Commercial Service, shall develop an annual Federal-
        State export strategy for each State that submits to 
        the Secretary of Commerce its export strategy for the 
        upcoming calendar year. In developing an annual 
        Federal-State export strategy under this paragraph, the 
        Secretary of Commerce shall take into account the 
        Federal and State export promotion coordination plan 
        developed under subsection (b).
            (2) Matters to be included.--The Federal-State 
        export strategy required under paragraph (1) shall 
        include the following:
                    (A) The State's export strategy and 
                economic goals.
                    (B) The State's key sectors and industries 
                of focus.
                    (C) Possible foreign and domestic trade 
                events.
                    (D) Efforts to increase efficiencies and 
                reduce duplication.
            (3) Report.--The Federal-State export strategy 
        required under paragraph (1) shall be submitted to the 
        Trade Promotion Coordinating Committee not later than 
        February 1, 2017, and February 1 of each year 
        thereafter.
    (d) Coordinated Metrics and Information Sharing.--
            (1) In general.--The Secretary of Commerce, in 
        coordination with representatives of State trade 
        promotion agencies, shall develop a framework to share 
        export success information, and develop a coordinated 
        set of reporting metrics.
            (2) Report to congress.--Not later than one year 
        after the date of the enactment of this Act, the 
        Secretary of Commerce shall submit to Congress a report 
        that contains the framework and reporting metrics 
        required under paragraph (1).
    (e) Annual Survey and Analysis and Report Under National 
Export Strategy.--Section 2312 of the Export Enhancement Act of 
1988 (15 U.S.C. 4727) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (5), by striking ``and'' 
                at the end;
                    (B) in paragraph (6), by striking the 
                period at the end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) in coordination with State trade promotion 
        agencies, include a survey and analysis regarding the 
        overall effectiveness of Federal-State coordination and 
        export promotion goals on an annual basis, to further 
        include best practices, recommendations to better 
        assist small businesses, and other relevant matters.''; 
        and
            (2) in subsection (f)(1), by inserting ``(including 
        implementation of the survey and analysis described in 
        paragraph (7) of that subsection)'' after ``the 
        implementation of such plan''.

              TITLE VI--ADDITIONAL ENFORCEMENT PROVISIONS

SEC. 601. TRADE ENFORCEMENT PRIORITIES.

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

``SEC. 310. TRADE ENFORCEMENT PRIORITIES.

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

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

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

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

SEC. 603. TRADE MONITORING.

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

``SEC. 205. TRADE MONITORING.

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

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

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

    (a) In General.--Section 141 of the Trade Act of 1974 (19 
U.S.C. 2171) is amended by adding at the end the following:
    ``(h) Interagency Center on Trade Implementation, 
Monitoring, and Enforcement.--
            ``(1) Establishment of center.--There is 
        established in the Office of the United States Trade 
        Representative an Interagency Center on Trade 
        Implementation, Monitoring, and Enforcement (in this 
        section referred to as the `Center').
            ``(2) Functions of center.--The Center shall 
        support the activities of the United States Trade 
        Representative in--
                    ``(A) investigating potential disputes 
                under the auspices of the World Trade 
                Organization;
                    ``(B) investigating potential disputes 
                pursuant to bilateral and regional trade 
                agreements to which the United States is a 
                party;
                    ``(C) carrying out the functions of the 
                United States Trade Representative under this 
                section with respect to the monitoring and 
                enforcement of trade agreements to which the 
                United States is a party; and
                    ``(D) monitoring measures taken by parties 
                to implement provisions of trade agreements to 
                which the United States is a party.
            ``(3) Personnel.--
                    ``(A) Director.--The head of the Center 
                shall be a Director, who shall be appointed by 
                the United States Trade Representative.
                    ``(B) Additional employees.--A Federal 
                agency may, in consultation with and with the 
                approval of the United States Trade 
                Representative, detail or assign one or more 
                employees to the Center without any 
                reimbursement from the Center to support the 
                functions of the Center.''.
    (b) Interagency Resources.--Section 141(d)(1)(A) of the 
Trade Act of 1974 (19 U.S.C. 2171(d)(1)(A)) is amended by 
inserting ``, including resources of the Interagency Center on 
Trade Implementation, Monitoring, and Enforcement established 
under subsection (h),'' after ``interagency resources''.
    (c) Reports.--Section 163 of the Trade Act of 1974 (19 
U.S.C. 2213) is amended--
            (1) in subsection (a)(2)--
                    (A) in subparagraph (J), by striking 
                ``and'' at the end;
                    (B) in subparagraph (K), by striking the 
                period at the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(L) the operation of the Interagency 
                Center on Trade Implementation, Monitoring, and 
                Enforcement established under section 141(h), 
                including--
                            ``(i) information relating to the 
                        personnel of the Center, including a 
                        description of any employees detailed 
                        or assigned to the Center by a Federal 
                        agency under paragraph (3)(B) of such 
                        section;
                            ``(ii) information relating to the 
                        functions of the Center; and
                            ``(iii) an assessment of the 
                        operating costs of the Center.''; and
            (2) by adding at the end the following:
    ``(d) Quadrennial Plan and Report.--
            ``(1) Quadrennial plan.--Pursuant to the goals and 
        objectives of the strategic plan of the Office of the 
        United States Trade Representative as required under 
        section 306 of title 5, United States Code, the Trade 
        Representative shall, every 4 years, develop a plan--
                    ``(A) to analyze internal quality controls 
                and record management of the Office;
                    ``(B) to identify existing staff of the 
                Office and new staff that will be necessary to 
                support the trade negotiation and enforcement 
                functions and powers of the Office (including 
                those functions and powers of the Trade Policy 
                Staff Committee) as described in section 141 
                and section 301;
                    ``(C) to identify existing staff of the 
                Office and staff in other Federal agencies who 
                will be required to be detailed or assigned to 
                support interagency programs led by the Trade 
                Representative, including any associated 
                expenses;
                    ``(D) to provide an outline of budget 
                justifications, including salaries and expenses 
                as well as nonpersonnel administrative 
                expenses, for the fiscal years required under 
                the strategic plan; and
                    ``(E) to provide an outline of budget 
                justifications, including salaries and expenses 
                as well as nonpersonnel administrative 
                expenses, for interagency programs led by the 
                Trade Representative for the fiscal years 
                required under the strategic plan.
            ``(2) Report.--
                    ``(A) In general.--The Trade Representative 
                shall submit to the appropriate congressional 
                committees a report that contains the plan 
                required under paragraph (1). Except as 
                provided in subparagraph (B), the report 
                required under this subparagraph shall be 
                submitted in conjunction with the strategic 
                plan of the Office as required under section 
                306 of title 5, United States Code.
                    ``(B) Exception.--The Trade Representative 
                shall submit to the appropriate congressional 
                committees an initial report that contains the 
                plan required under paragraph (1) not later 
                than June 1, 2016.
                    ``(C) Appropriate congressional committees 
                defined.--In this paragraph, the term 
                `appropriate congressional committees' means--
                            ``(i) the Committee on Finance and 
                        the Committee on Appropriations of the 
                        Senate; and
                            ``(ii) the Committee on Ways and 
                        Means and the Committee on 
                        Appropriations of the House of 
                        Representatives.''.

SEC. 605. INCLUSION OF INTEREST IN CERTAIN DISTRIBUTIONS OF ANTIDUMPING 
                    DUTIES AND COUNTERVAILING DUTIES.

    (a) In General.--The Secretary of Homeland Security shall 
deposit all interest described in subsection (c) into the 
special account established under section 754(e) of the Tariff 
Act of 1930 (19 U.S.C. 1675c(e)) (repealed by subtitle F of 
title VII of the Deficit Reduction Act of 2005 (Public Law 109-
171; 120 Stat. 154)) for inclusion in distributions described 
in subsection (b) made on or after the date of the enactment of 
this Act.
    (b) Distributions Described.--Distributions described in 
this subsection are distributions of antidumping duties and 
countervailing duties assessed on or after October 1, 2000, 
that are made under section 754 of the Tariff Act of 1930 (19 
U.S.C. 1675c) (repealed by subtitle F of title VII of the 
Deficit Reduction Act of 2005 (Public Law 109-171; 120 Stat. 
154)), with respect to entries of merchandise that--
            (1) were made on or before September 30, 2007; and
            (2) were, in accordance with section 822 of the 
        Claims Resolution Act of 2010 (19 U.S.C. 1675c note), 
        unliquidated, not in litigation, and not under an order 
        of liquidation from the Department of Commerce on 
        December 8, 2010.
    (c) Interest Described.--
            (1) Interest realized.--Interest described in this 
        subsection is interest earned on antidumping duties or 
        countervailing duties described in subsection (b) that 
        is realized through application of a payment received 
        on or after October 1, 2014, by U.S. Customs and Border 
        Protection under, or in connection with--
                    (A) a customs bond pursuant to a court 
                order or judgment; or
                    (B) a settlement with respect to a customs 
                bond, including any payment made to U.S. 
                Customs and Border Protection with respect to 
                that bond by a surety.
            (2) Types of interest.--Interest described in 
        paragraph (1) includes the following:
                    (A) Interest accrued under section 778 of 
                the Tariff Act of 1930 (19 U.S.C. 1677g).
                    (B) Interest accrued under section 505(d) 
                of the Tariff Act of 1930 (19 U.S.C. 1505(d)).
                    (C) Equitable interest under common law and 
                interest under section 963 of the Revised 
                Statutes (19 U.S.C. 580) awarded by a court 
                against a surety under its bond for late 
                payment of antidumping duties, countervailing 
                duties, or interest described in subparagraph 
                (A) or (B).
    (d) Definitions.--In this section:
            (1) Antidumping duties.--The term ``antidumping 
        duties'' means antidumping duties imposed under section 
        731 of the Tariff Act of 1930 (19 U.S.C. 1673) or under 
        the Antidumping Act, 1921 (title II of the Act of May 
        27, 1921; 42 Stat. 11, chapter 14).
            (2) Countervailing duties.--The term 
        ``countervailing duties'' means countervailing duties 
        imposed under section 701 of the Tariff Act of 1930 (19 
        U.S.C. 1671).

SEC. 606. ILLICITLY IMPORTED, EXPORTED, OR TRAFFICKED CULTURAL 
                    PROPERTY, ARCHAEOLOGICAL OR ETHNOLOGICAL MATERIALS, 
                    AND FISH, WILDLIFE, AND PLANTS.

    (a) In General.--The Commissioner and the Director of U.S. 
Immigration and Customs Enforcement shall ensure that 
appropriate personnel of U.S. Customs and Border Protection and 
U.S. Immigration and Customs Enforcement, as the case may be, 
are trained in the detection, identification, detention, 
seizure, and forfeiture of cultural property, archaeological or 
ethnological materials, and fish, wildlife, and plants, the 
importation, exportation, or trafficking of which violates the 
laws of the United States.
    (b) Training.--The Commissioner and the Director are 
authorized to accept training and other support services from 
experts outside of the Federal Government with respect to the 
detection, identification, detention, seizure, and forfeiture 
of cultural property, archaeological or ethnological materials, 
or fish, wildlife, and plants described in subsection (a).

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

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

SEC. 608. HONEY TRANSSHIPMENT.

    (a) In General.--The Commissioner shall direct appropriate 
personnel and the use of resources of U.S. Customs and Border 
Protection to address concerns that honey is being imported 
into the United States in violation of the customs and trade 
laws of the United States.
    (b) Country of Origin.--
            (1) In general.--The Commissioner shall compile a 
        database of the individual characteristics of honey 
        produced in foreign countries to facilitate the 
        verification of country of origin markings of imported 
        honey.
            (2) Engagement with foreign governments.--The 
        Commissioner shall seek to engage the customs agencies 
        of foreign governments for assistance in compiling the 
        database described in paragraph (1).
            (3) Consultation with industry.--In compiling the 
        database described in paragraph (1), the Commissioner 
        shall consult with entities in the honey industry 
        regarding the development of industry standards for 
        honey identification.
            (4) Consultation with food and drug 
        administration.--In compiling the database described in 
        paragraph (1), the Commissioner shall consult with the 
        Commissioner of Food and Drugs.
    (c) Report Required.--Not later than 180 days after the 
date of the enactment of this Act, the Commissioner shall 
submit to Congress a report that--
            (1) describes and assesses the limitations in the 
        existing analysis capabilities of laboratories with 
        respect to determining the country of origin of honey 
        samples or the percentage of honey contained in a 
        sample; and
            (2) includes any recommendations of the 
        Commissioner for improving such capabilities.
    (d) Sense of Congress.--It is the sense of Congress that 
the Commissioner of Food and Drugs should promptly establish a 
national standard of identity for honey for the Commissioner of 
U.S. Customs and Border Protection to use to ensure that 
imports of honey are--
            (1) classified accurately for purposes of assessing 
        duties; and
            (2) denied entry into the United States if such 
        imports pose a threat to the health or safety of 
        consumers in the United States.

SEC. 609. ESTABLISHMENT OF CHIEF INNOVATION AND INTELLECTUAL PROPERTY 
                    NEGOTIATOR.

    (a) In General.--Section 141 of the Trade Act of 1974 (19 
U.S.C. 2171) is amended--
            (1) in subsection (b)(2)--
                    (A) by striking ``and one Chief 
                Agricultural Negotiator'' and inserting ``, one 
                Chief Agricultural Negotiator, and one Chief 
                Innovation and Intellectual Property 
                Negotiator,'';
                    (B) by striking ``or the Chief Agricultural 
                Negotiator'' and inserting ``, the Chief 
                Agricultural Negotiator, or the Chief 
                Innovation and Intellectual Property 
                Negotiator''; and
                    (C) by striking ``and the Chief 
                Agricultural Negotiator'' and inserting ``, the 
                Chief Agricultural Negotiator, and the Chief 
                Innovation and Intellectual Property 
                Negotiator''; and
            (2) in subsection (c)--
                    (A) by moving paragraph (5) 2 ems to the 
                left; and
                    (B) by adding at the end the following:
    ``(6) The principal functions of the Chief Innovation and 
Intellectual Property Negotiator shall be to conduct trade 
negotiations and to enforce trade agreements relating to United 
States intellectual property and to take appropriate actions to 
address acts, policies, and practices of foreign governments 
that have a significant adverse impact on the value of United 
States innovation. The Chief Innovation and Intellectual 
Property Negotiator shall be a vigorous advocate on behalf of 
United States innovation and intellectual property interests. 
The Chief Innovation and Intellectual Property Negotiator shall 
perform such other functions as the United States Trade 
Representative may direct.''.
    (b) Compensation.--Section 5314 of title 5, United States 
Code is amended by striking ``Chief Agricultural Negotiator.'' 
and inserting the following:
    ``Chief Agricultural Negotiator, Office of the United 
States Trade Representative.
    ``Chief Innovation and Intellectual Property Negotiator, 
Office of the United States Trade Representative.''.
    (c) Report Required.--Not later than one year after the 
appointment of the first Chief Innovation and Intellectual 
Property Negotiator pursuant to paragraph (2) of section 141(b) 
of the Trade Act of 1974, as amended by subsection (a), and 
annually thereafter, the United States Trade Representative 
shall submit to the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives a 
report describing in detail--
            (1) enforcement actions taken by the Trade 
        Representative during the one-year period preceding the 
        submission of the report to ensure the protection of 
        United States innovation and intellectual property 
        interests; and
            (2) other actions taken by the Trade Representative 
        to advance United States innovation and intellectual 
        property interests.

SEC. 610. MEASURES RELATING TO COUNTRIES THAT DENY ADEQUATE PROTECTION 
                    FOR INTELLECTUAL PROPERTY RIGHTS.

    (a) Inclusion of Countries That Deny Adequate Protection of 
Trade Secrets.--Section 182(d)(2) of the Trade Act of 1974 (19 
U.S.C. 2242(d)(2)) is amended by inserting ``, trade secrets,'' 
after ``copyrights''.
    (b) Special Rules for Countries on the Priority Watch List 
of the United States Trade Representative.--
            (1) In general.--Section 182 of the Trade Act of 
        1974 (19 U.S.C. 2242) is amended by striking subsection 
        (g) and inserting the following:
    ``(g) Special Rules for Foreign Countries on the Priority 
Watch List.--
            ``(1) Action plans.--
                    ``(A) In general.--Not later than 90 days 
                after the date on which the Trade 
                Representative submits the National Trade 
                Estimate under section 181(b), the Trade 
                Representative shall develop an action plan 
                described in subparagraph (C) with respect to 
                each foreign country described in subparagraph 
                (B).
                    ``(B) Foreign country described.--The Trade 
                Representative shall develop an action plan 
                under subparagraph (A) with respect to each 
                foreign country that--
                            ``(i) the Trade Representative has 
                        identified for placement on the 
                        priority watch list; and
                            ``(ii) has remained on such list 
                        for at least one year.
                    ``(C) Action plan described.--An action 
                plan developed under subparagraph (A) shall 
                contain the benchmarks described in 
                subparagraph (D) and be designed to assist the 
                foreign country--
                            ``(i) to achieve--
                                    ``(I) adequate and 
                                effective protection of 
                                intellectual property rights; 
                                and
                                    ``(II) fair and equitable 
                                market access for United States 
                                persons that rely upon 
                                intellectual property 
                                protection; or
                            ``(ii) to make significant progress 
                        toward achieving the goals described in 
                        clause (i).
                    ``(D) Benchmarks described.--The benchmarks 
                contained in an action plan developed pursuant 
                to subparagraph (A) are such legislative, 
                institutional, enforcement, or other actions as 
                the Trade Representative determines to be 
                necessary for the foreign country to achieve 
                the goals described in clause (i) or (ii) of 
                subparagraph (C).
            ``(2) Failure to meet action plan benchmarks.--If, 
        as of one year after the date on which an action plan 
        is developed under paragraph (1)(A), the President, in 
        consultation with the Trade Representative, determines 
        that the foreign country to which the action plan 
        applies has not substantially complied with the 
        benchmarks described in paragraph (1)(D), the President 
        may take appropriate action with respect to the foreign 
        country.
            ``(3) Priority watch list defined.--In this 
        subsection, the term `priority watch list' means the 
        priority watch list established by the Trade 
        Representative pursuant to subsection (a).
    ``(h) Annual Report.--Not later than 30 days after the date 
on which the Trade Representative submits the National Trade 
Estimate under section 181(b), the Trade Representative shall 
submit to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate a 
report on actions taken under this section during the 12 months 
preceding such report, and the reasons for such actions, 
including--
            ``(1) a list of any foreign countries identified 
        under subsection (a);
            ``(2) a description of progress made in achieving 
        improved intellectual property protection and market 
        access for persons relying on intellectual property 
        rights; and
            ``(3) a description of the action plans developed 
        under subsection (g) and any actions taken by foreign 
        countries under such plans.''.
            (2) Funding.--
                    (A) In general.--Amounts from the Trade 
                Enforcement Trust Fund established under 
                section 611 may be expended by the United 
                States Trade Representative, only as provided 
                by appropriations Acts, to provide assistance 
                to any developing country to which an action 
                plan applies under section 182(g) of the Trade 
                Act of 1974, as amended by paragraph (1), to 
                facilitate the efforts of the developing 
                country to comply with the benchmarks contained 
                in the action plan. Such assistance may include 
                capacity building, activities designed to 
                increase awareness of intellectual property 
                rights, and training for officials responsible 
                for enforcing intellectual property rights in 
                the developing country.
                    (B) Developing country defined.--In this 
                paragraph, the term ``developing country'' 
                means a country classified by the World Bank as 
                having a low-income or lower-middle-income 
                economy.
            (3) Rule of construction.--Nothing in this 
        subsection or the amendment made by this subsection 
        shall be construed as limiting the authority of the 
        President or the United States Trade Representative to 
        develop action plans other than action plans described 
        in section 182(g) of the Trade Act of 1974, as amended 
        by paragraph (1), or to take any action otherwise 
        authorized by law in response to the failure of a 
        foreign country to provide adequate and effective 
        protection and enforcement of intellectual property 
        rights.

SEC. 611. TRADE ENFORCEMENT TRUST FUND.

    (a) Establishment.--There is established in the Treasury of 
the United States a trust fund to be known as the Trade 
Enforcement Trust Fund (in this section referred to as the 
``Trust Fund''), consisting of amounts transferred to the Trust 
Fund under subsection (b) and any amounts that may be credited 
to the Trust Fund under subsection (c).
    (b) Transfer of Amounts.--
            (1) In general.--The Secretary of the Treasury 
        shall transfer to the Trust Fund, from the general fund 
        of the Treasury, for each fiscal year that begins on or 
        after the date of the enactment of this Act through 
        fiscal year 2026, an amount equal to $15,000,000 (or a 
        lesser amount as required pursuant to paragraph (2)).
            (2) Limitation.--The total amount in the Trust Fund 
        at any time may not exceed $30,000,000.
            (3) Frequency of transfers.--The Secretary shall 
        transfer amounts required to be transferred to the 
        Trust Fund under paragraph (1) not less frequently than 
        quarterly from the general fund of the Treasury to the 
        Trust Fund in a manner that ensures that the total 
        amount in the Trust Fund at the end of the quarter does 
        not exceed the limitation established under paragraph 
        (2).
    (c) Investment of Amounts.--
            (1) Investment of amounts.--The Secretary shall 
        invest such portion of the Trust Fund as is not 
        required to meet current withdrawals in interest-
        bearing obligations of the United States or in 
        obligations guaranteed as to both principal and 
        interest by the United States.
            (2) Interest and proceeds.--The interest on, and 
        the proceeds from the sale or redemption of, any 
        obligations held in the Trust Fund shall be credited to 
        and form a part of the Trust Fund.
    (d) Availability of Amounts From Trust Fund.--
            (1) In general.--The United States Trade 
        Representative shall, on the basis of the advice of the 
        Trade Policy Committee and relevant subordinate bodies 
        of the TPC, use or transfer for the use by Federal 
        agencies represented on the TPC amounts in the Trust 
        Fund, only as provided by appropriations Acts, for 
        making expenditures for any of the following:
                    (A) To seek to enforce the provisions of 
                and commitments and obligations under the WTO 
                Agreements and free trade agreements to which 
                the United States is a party and resolve any 
                actions by foreign countries that are 
                inconsistent with those provisions, 
                commitments, and obligations.
                    (B) To monitor and ensure the full 
                implementation by foreign countries of the 
                provisions of and commitments and obligations 
                under free trade agreements to which the United 
                States is a party for purposes of 
                systematically assessing, identifying, 
                investigating, or initiating steps to address 
                inconsistencies with those provisions, 
                commitments, and obligations.
                    (C) To thoroughly investigate and respond 
                to petitions under section 302 of the Trade Act 
                of 1974 (19 U.S.C. 2412) requesting that action 
                be taken under section 301 of such Act (19 
                U.S.C. 2411).
                    (D) To support capacity-building efforts 
                undertaken by the United States pursuant to any 
                free trade agreement to which the United States 
                is a party and to prioritize and give special 
                attention to the timely, consistent, and robust 
                implementation of the commitments and 
                obligations of a party to that free trade 
                agreement, including commitments and 
                obligations related to trade in goods, trade in 
                services, trade in agriculture, foreign 
                investment, intellectual property, digital 
                trade in goods and services and cross-border 
                data flows, regulatory practices, state-owned 
                and state-controlled enterprises, localization 
                barriers to trade, labor and the environment, 
                currency, foreign currency manipulation, 
                anticorruption, trade remedy laws, textiles, 
                and commercial partnerships.
                    (E) To support capacity-building efforts 
                undertaken by the United States pursuant to any 
                such free trade agreement and to include 
                performance indicators against which the 
                progress and obstacles for the implementation 
                of commitments and obligations can be 
                identified and assessed within a meaningful 
                time frame.
            (2) Limitation.--Amounts made available in the 
        Trust Fund may not be used to offset costs of 
        conducting negotiations for any free trade agreement to 
        be entered into on or after the date of the enactment 
        of this Act, but may be used to support implementation 
        and capacity building prior to entry into force of a 
        free trade agreement.
    (e) Report.--Not later than 18 months after the entry into 
force of any free trade agreement entered into after the date 
of the enactment of this Act, the United States Trade 
Representative, in consultation with the Federal agencies 
represented on the TPC, shall submit to Congress a report on 
the actions taken under subsection (d) in connection with that 
agreement.
    (f) Comptroller General Study.--
            (1) In general.--The Comptroller General of the 
        United States shall conduct a study that includes the 
        following:
                    (A) A comprehensive analysis of the trade 
                enforcement expenditures of each Federal agency 
                with responsibilities relating to trade that 
                specifies, with respect to each such Federal 
                agency--
                            (i) the amounts appropriated for 
                        trade enforcement; and
                            (ii) the number of full-time 
                        employees carrying out activities 
                        relating to trade enforcement.
                    (B) Recommendations on the additional 
                employees and resources that each such Federal 
                agency may need to effectively enforce the free 
                trade agreements to which the United States is 
                a party.
            (2) Report.--Not later than one year after the date 
        of the enactment of this Act, the Comptroller General 
        shall submit to Congress a report on the results of the 
        study conducted under paragraph (1).
    (g) Definitions.--In this section:
            (1) Trade policy committee; tpc.--The terms ``Trade 
        Policy Committee'' and ``TPC'' mean the interagency 
        organization established under section 242 of the Trade 
        Expansion Act of 1962 (19 U.S.C. 1872).
            (2) WTO.--The term ``WTO'' means the World Trade 
        Organization.
            (3) WTO agreement.--The term ``WTO Agreement'' has 
        the meaning given that term in section 2(9) of the 
        Uruguay Round Agreements Act (19 U.S.C. 3501(9)).
            (4) WTO agreements.--The term ``WTO Agreements'' 
        means the WTO Agreement and agreements annexed to that 
        Agreement.

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

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

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

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

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

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

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

SEC. 801. SHORT TITLE.

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

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

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

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

    ``(a) In General.--There is established in the Department 
an agency to be known as U.S. Customs and Border Protection.
    ``(b) Commissioner of U.S. Customs and Border Protection.--
            ``(1) In general.--There shall be at the head of 
        U.S. Customs and Border Protection a Commissioner of 
        U.S. Customs and Border Protection (in this section 
        referred to as the `Commissioner').
            ``(2) Committee referral.--As an exercise of the 
        rulemaking power of the Senate, any nomination for the 
        Commissioner submitted to the Senate for confirmation, 
        and referred to a committee, shall be referred to the 
        Committee on Finance.
    ``(c) Duties.--The Commissioner shall--
            ``(1) coordinate and integrate the security, trade 
        facilitation, and trade enforcement functions of U.S. 
        Customs and Border Protection;
            ``(2) ensure the interdiction of persons and goods 
        illegally entering or exiting the United States;
            ``(3) facilitate and expedite the flow of 
        legitimate travelers and trade;
            ``(4) direct and administer the commercial 
        operations of U.S. Customs and Border Protection, and 
        the enforcement of the customs and trade laws of the 
        United States;
            ``(5) detect, respond to, and interdict terrorists, 
        drug smugglers and traffickers, human smugglers and 
        traffickers, and other persons who may undermine the 
        security of the United States, in cases in which such 
        persons are entering, or have recently entered, the 
        United States;
            ``(6) safeguard the borders of the United States to 
        protect against the entry of dangerous goods;
            ``(7) ensure the overall economic security of the 
        United States is not diminished by efforts, activities, 
        and programs aimed at securing the homeland;
            ``(8) in coordination with U.S. Immigration and 
        Customs Enforcement and United States Citizenship and 
        Immigration Services, enforce and administer all 
        immigration laws, as such term is defined in paragraph 
        (17) of section 101(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)), including--
                    ``(A) the inspection, processing, and 
                admission of persons who seek to enter or 
                depart the United States; and
                    ``(B) the detection, interdiction, removal, 
                departure from the United States, short-term 
                detention, and transfer of persons unlawfully 
                entering, or who have recently unlawfully 
                entered, the United States;
            ``(9) develop and implement screening and targeting 
        capabilities, including the screening, reviewing, 
        identifying, and prioritizing of passengers and cargo 
        across all international modes of transportation, both 
        inbound and outbound;
            ``(10) in coordination with the Secretary, deploy 
        technology to collect the data necessary for the 
        Secretary to administer the biometric entry and exit 
        data system pursuant to section 7208 of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (8 U.S.C. 1365b);
            ``(11) enforce and administer the laws relating to 
        agricultural import and entry inspection referred to in 
        section 421;
            ``(12) in coordination with the Under Secretary for 
        Management of the Department, ensure U.S. Customs and 
        Border Protection complies with Federal law, the 
        Federal Acquisition Regulation, and the Department's 
        acquisition management directives for major acquisition 
        programs of U.S. Customs and Border Protection;
            ``(13) ensure that the policies and regulations of 
        U.S. Customs and Border Protection are consistent with 
        the obligations of the United States pursuant to 
        international agreements;
            ``(14) enforce and administer--
                    ``(A) the Container Security Initiative 
                program under section 205 of the Security and 
                Accountability for Every Port Act of 2006 (6 
                U.S.C. 945); and
                    ``(B) the Customs-Trade Partnership Against 
                Terrorism program under subtitle B of title II 
                of such Act (6 U.S.C. 961 et seq.);
            ``(15) conduct polygraph examinations in accordance 
        with section 3(1) of the Anti-Border Corruption Act of 
        2010 (Public Law 111-376; 124 Stat. 4105);
            ``(16) establish the standard operating procedures 
        described in subsection (k);
            ``(17) carry out the training required under 
        subsection (l); and
            ``(18) carry out other duties and powers prescribed 
        by law or delegated by the Secretary.
    ``(d) Deputy Commissioner.--There shall be in U.S. Customs 
and Border Protection a Deputy Commissioner who shall assist 
the Commissioner in the management of U.S. Customs and Border 
Protection.
    ``(e) U.S. Border Patrol.--
            ``(1) In general.--There is established in U.S. 
        Customs and Border Protection the U.S. Border Patrol.
            ``(2) Chief.--There shall be at the head of the 
        U.S. Border Patrol a Chief, who shall--
                    ``(A) be at the level of Executive 
                Assistant Commissioner within U.S. Customs and 
                Border Protection; and
                    ``(B) report to the Commissioner.
            ``(3) Duties.--The U.S. Border Patrol shall--
                    ``(A) serve as the law enforcement office 
                of U.S. Customs and Border Protection with 
                primary responsibility for interdicting persons 
                attempting to illegally enter or exit the 
                United States or goods being illegally imported 
                into or exported from the United States at a 
                place other than a designated port of entry;
                    ``(B) deter and prevent the illegal entry 
                of terrorists, terrorist weapons, persons, and 
                contraband; and
                    ``(C) carry out other duties and powers 
                prescribed by the Commissioner.
    ``(f) Air and Marine Operations.--
            ``(1) In general.--There is established in U.S. 
        Customs and Border Protection an office known as Air 
        and Marine Operations.
            ``(2) Executive assistant commissioner.--There 
        shall be at the head of Air and Marine Operations an 
        Executive Assistant Commissioner, who shall report to 
        the Commissioner.
            ``(3) Duties.--Air and Marine Operations shall--
                    ``(A) serve as the law enforcement office 
                within U.S. Customs and Border Protection with 
                primary responsibility to detect, interdict, 
                and prevent acts of terrorism and the unlawful 
                movement of people, illicit drugs, and other 
                contraband across the borders of the United 
                States in the air and maritime environment;
                    ``(B) conduct joint aviation and marine 
                operations with U.S. Immigration and Customs 
                Enforcement;
                    ``(C) conduct aviation and marine 
                operations with international, Federal, State, 
                and local law enforcement agencies, as 
                appropriate;
                    ``(D) administer the Air and Marine 
                Operations Center established under paragraph 
                (4); and
                    ``(E) carry out other duties and powers 
                prescribed by the Commissioner.
            ``(4) Air and marine operations center.--
                    ``(A) In general.--There is established in 
                Air and Marine Operations an Air and Marine 
                Operations Center.
                    ``(B) Executive director.--There shall be 
                at the head of the Air and Marine Operations 
                Center an Executive Director, who shall report 
                to the Executive Assistant Commissioner of Air 
                and Marine Operations.
                    ``(C) Duties.--The Air and Marine 
                Operations Center shall--
                            ``(i) manage the air and maritime 
                        domain awareness of the Department, as 
                        directed by the Secretary;
                            ``(ii) monitor and coordinate the 
                        airspace for unmanned aerial systems 
                        operations of Air and Marine Operations 
                        in U.S. Customs and Border Protection;
                            ``(iii) detect, identify, and 
                        coordinate a response to threats to 
                        national security in the air domain, in 
                        coordination with other appropriate 
                        agencies, as determined by the 
                        Executive Assistant Commissioner;
                            ``(iv) provide aviation and marine 
                        support to other Federal, State, 
                        tribal, and local agencies; and
                            ``(v) carry out other duties and 
                        powers prescribed by the Executive 
                        Assistant Commissioner.
    ``(g) Office of Field Operations.--
            ``(1) In general.--There is established in U.S. 
        Customs and Border Protection an Office of Field 
        Operations.
            ``(2) Executive assistant commissioner.--There 
        shall be at the head of the Office of Field Operations 
        an Executive Assistant Commissioner, who shall report 
        to the Commissioner.
            ``(3) Duties.--The Office of Field Operations shall 
        coordinate the enforcement activities of U.S. Customs 
        and Border Protection at United States air, land, and 
        sea ports of entry to--
                    ``(A) deter and prevent terrorists and 
                terrorist weapons from entering the United 
                States at such ports of entry;
                    ``(B) conduct inspections at such ports of 
                entry to safeguard the United States from 
                terrorism and illegal entry of persons;
                    ``(C) prevent illicit drugs, agricultural 
                pests, and contraband from entering the United 
                States;
                    ``(D) in coordination with the 
                Commissioner, facilitate and expedite the flow 
                of legitimate travelers and trade;
                    ``(E) administer the National Targeting 
                Center established under paragraph (4);
                    ``(F) coordinate with the Executive 
                Assistant Commissioner for the Office of Trade 
                with respect to the trade facilitation and 
                trade enforcement activities of U.S. Customs 
                and Border Protection; and
                    ``(G) carry out other duties and powers 
                prescribed by the Commissioner.
            ``(4) National targeting center.--
                    ``(A) In general.--There is established in 
                the Office of Field Operations a National 
                Targeting Center.
                    ``(B) Executive director.--There shall be 
                at the head of the National Targeting Center an 
                Executive Director, who shall report to the 
                Executive Assistant Commissioner of the Office 
                of Field Operations.
                    ``(C) Duties.--The National Targeting 
                Center shall--
                            ``(i) serve as the primary forum 
                        for targeting operations within U.S. 
                        Customs and Border Protection to 
                        collect and analyze traveler and cargo 
                        information in advance of arrival in 
                        the United States to identify and 
                        address security risks and strengthen 
                        trade enforcement;
                            ``(ii) identify, review, and target 
                        travelers and cargo for examination;
                            ``(iii) coordinate the examination 
                        of entry and exit of travelers and 
                        cargo;
                            ``(iv) develop and conduct 
                        commercial risk assessment targeting 
                        with respect to cargo destined for the 
                        United States;
                            ``(v) coordinate with the 
                        Transportation Security Administration, 
                        as appropriate;
                            ``(vi) issue Trade Alerts pursuant 
                        to section 111(b) of the Trade 
                        Facilitation and Trade Enforcement Act 
                        of 2015; and
                            ``(vii) carry out other duties and 
                        powers prescribed by the Executive 
                        Assistant Commissioner.
            ``(5) Annual report on staffing.--
                    ``(A) In general.--Not later than 30 days 
                after the date of the enactment of the Trade 
                Facilitation and Trade Enforcement Act of 2015, 
                and annually thereafter, the Executive 
                Assistant Commissioner shall submit to the 
                Committee on Homeland Security and the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Homeland 
                Security and Governmental Affairs and the 
                Committee on Finance of the Senate a report on 
                the staffing model for the Office of Field 
                Operations, including information on how many 
                supervisors, front-line U.S. Customs and Border 
                Protection officers, and support personnel are 
                assigned to each Field Office and port of 
                entry.
                    ``(B) Form.--The report required under 
                subparagraph (A) shall, to the greatest extent 
                practicable, be submitted in unclassified form, 
                but may be submitted in classified form, if the 
                Executive Assistant Commissioner determines 
                that such is appropriate and informs the 
                Committee on Homeland Security and the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Homeland 
                Security and Governmental Affairs and the 
                Committee on Finance of the Senate of the 
                reasoning for such.
    ``(h) Office of Intelligence.--
            ``(1) In general.--There is established in U.S. 
        Customs and Border Protection an Office of 
        Intelligence.
            ``(2) Assistant commissioner.--There shall be at 
        the head of the Office of Intelligence an Assistant 
        Commissioner, who shall report to the Commissioner.
            ``(3) Duties.--The Office of Intelligence shall--
                    ``(A) develop, provide, coordinate, and 
                implement intelligence capabilities into a 
                cohesive intelligence enterprise to support the 
                execution of the duties and responsibilities of 
                U.S. Customs and Border Protection;
                    ``(B) manage the counterintelligence 
                operations of U.S. Customs and Border 
                Protection;
                    ``(C) establish, in coordination with the 
                Chief Intelligence Officer of the Department, 
                as appropriate, intelligence-sharing 
                relationships with Federal, State, local, and 
                tribal agencies and intelligence agencies;
                    ``(D) conduct risk-based covert testing of 
                U.S. Customs and Border Protection operations, 
                including for nuclear and radiological risks; 
                and
                    ``(E) carry out other duties and powers 
                prescribed by the Commissioner.
    ``(i) Office of International Affairs.--
            ``(1) In general.--There is established in U.S. 
        Customs and Border Protection an Office of 
        International Affairs.
            ``(2) Assistant commissioner.--There shall be at 
        the head of the Office of International Affairs an 
        Assistant Commissioner, who shall report to the 
        Commissioner.
            ``(3) Duties.--The Office of International Affairs, 
        in collaboration with the Office of Policy of the 
        Department, shall--
                    ``(A) coordinate and support U.S. Customs 
                and Border Protection's foreign initiatives, 
                policies, programs, and activities;
                    ``(B) coordinate and support U.S. Customs 
                and Border Protection's personnel stationed 
                abroad;
                    ``(C) maintain partnerships and 
                information-sharing agreements and arrangements 
                with foreign governments, international 
                organizations, and United States agencies in 
                support of U.S. Customs and Border Protection's 
                duties and responsibilities;
                    ``(D) provide necessary capacity building, 
                training, and assistance to foreign customs and 
                border control agencies to strengthen border, 
                global supply chain, and travel security, as 
                appropriate;
                    ``(E) coordinate mission support services 
                to sustain U.S. Customs and Border Protection's 
                global activities;
                    ``(F) coordinate with customs authorities 
                of foreign countries with respect to trade 
                facilitation and trade enforcement;
                    ``(G) coordinate U.S. Customs and Border 
                Protection's engagement in international 
                negotiations;
                    ``(H) advise the Commissioner with respect 
                to matters arising in the World Customs 
                Organization and other international 
                organizations as such matters relate to the 
                policies and procedures of U.S. Customs and 
                Border Protection;
                    ``(I) advise the Commissioner regarding 
                international agreements to which the United 
                States is a party as such agreements relate to 
                the policies and regulations of U.S. Customs 
                and Border Protection; and
                    ``(J) carry out other duties and powers 
                prescribed by the Commissioner.
    ``(j) Office of Professional Responsibility.--
            ``(1) In general.--There is established in U.S. 
        Customs and Border Protection an Office of Professional 
        Responsibility.
            ``(2) Assistant commissioner.--There shall be at 
        the head of the Office of Professional Responsibility 
        an Assistant Commissioner, who shall report to the 
        Commissioner.
            ``(3) Duties.--The Office of Professional 
        Responsibility shall--
                    ``(A) investigate criminal and 
                administrative matters and misconduct by 
                officers, agents, and other employees of U.S. 
                Customs and Border Protection;
                    ``(B) manage integrity-related programs and 
                policies of U.S. Customs and Border Protection;
                    ``(C) conduct research and analysis 
                regarding misconduct of officers, agents, and 
                other employees of U.S. Customs and Border 
                Protection; and
                    ``(D) carry out other duties and powers 
                prescribed by the Commissioner.
    ``(k) Standard Operating Procedures.--
            ``(1) In general.--The Commissioner shall 
        establish--
                    ``(A) standard operating procedures for 
                searching, reviewing, retaining, and sharing 
                information contained in communication, 
                electronic, or digital devices encountered by 
                U.S. Customs and Border Protection personnel at 
                United States ports of entry;
                    ``(B) standard use of force procedures that 
                officers and agents of U.S. Customs and Border 
                Protection may employ in the execution of their 
                duties, including the use of deadly force;
                    ``(C) uniform, standardized, and publicly-
                available procedures for processing and 
                investigating complaints against officers, 
                agents, and employees of U.S. Customs and 
                Border Protection for violations of 
                professional conduct, including the timely 
                disposition of complaints and a written 
                notification to the complainant of the status 
                or outcome, as appropriate, of the related 
                investigation, in accordance with section 552a 
                of title 5, United States Code (commonly 
                referred to as the `Privacy Act' or the 
                `Privacy Act of 1974');
                    ``(D) an internal, uniform reporting 
                mechanism regarding incidents involving the use 
                of deadly force by an officer or agent of U.S. 
                Customs and Border Protection, including an 
                evaluation of the degree to which the 
                procedures required under subparagraph (B) were 
                followed; and
                    ``(E) standard operating procedures, acting 
                through the Executive Assistant Commissioner 
                for Air and Marine Operations and in 
                coordination with the Office for Civil Rights 
                and Civil Liberties and the Office of Privacy 
                of the Department, to provide command, control, 
                communication, surveillance, and reconnaissance 
                assistance through the use of unmanned aerial 
                systems, including the establishment of--
                            ``(i) a process for other Federal, 
                        State, and local law enforcement 
                        agencies to submit mission requests;
                            ``(ii) a formal procedure to 
                        determine whether to approve or deny 
                        such a mission request;
                            ``(iii) a formal procedure to 
                        determine how such mission requests are 
                        prioritized and coordinated; and
                            ``(iv) a process regarding the 
                        protection and privacy of data and 
                        images collected by U.S. Customs and 
                        Border Protection through the use of 
                        unmanned aerial systems.
            ``(2) Requirements regarding certain 
        notifications.--The standard operating procedures 
        established pursuant to subparagraph (A) of paragraph 
        (1) shall require--
                    ``(A) in the case of a search of 
                information conducted on an electronic device 
                by U.S. Customs and Border Protection 
                personnel, the Commissioner to notify the 
                individual subject to such search of the 
                purpose and authority for such search, and how 
                such individual may obtain information on 
                reporting concerns about such search; and
                    ``(B) in the case of information collected 
                by U.S. Customs and Border Protection through a 
                search of an electronic device, if such 
                information is transmitted to another Federal 
                agency for subject matter assistance, 
                translation, or decryption, the Commissioner to 
                notify the individual subject to such search of 
                such transmission.
            ``(3) Exceptions.--The Commissioner may withhold 
        the notifications required under paragraphs (1)(C) and 
        (2) if the Commissioner determines, in the sole and 
        unreviewable discretion of the Commissioner, that such 
        notifications would impair national security, law 
        enforcement, or other operational interests.
            ``(4) Update and review.--The Commissioner shall 
        review and update every three years the standard 
        operating procedures required under this subsection.
            ``(5) Audits.--The Inspector General of the 
        Department of Homeland Security shall develop and 
        annually administer, during each of the three calendar 
        years beginning in the calendar year that begins after 
        the date of the enactment of the Trade Facilitation and 
        Trade Enforcement Act of 2015, an auditing mechanism to 
        review whether searches of electronic devices at or 
        between United States ports of entry are being 
        conducted in conformity with the standard operating 
        procedures required under subparagraph (A) of paragraph 
        (1). Such audits shall be submitted to the Committee on 
        Homeland Security of the House of Representatives and 
        the Committee on Homeland Security and Governmental 
        Affairs of the Senate and shall include the following:
                    ``(A) A description of the activities of 
                officers and agents of U.S. Customs and Border 
                Protection with respect to such searches.
                    ``(B) The number of such searches.
                    ``(C) The number of instances in which 
                information contained in such devices that were 
                subjected to such searches was retained, 
                copied, shared, or entered in an electronic 
                database.
                    ``(D) The number of such devices detained 
                as the result of such searches.
                    ``(E) The number of instances in which 
                information collected from such devices was 
                subjected to such searches and was transmitted 
                to another Federal agency, including whether 
                such transmissions resulted in a prosecution or 
                conviction.
            ``(6) Requirements regarding other notifications.--
        The standard use of force procedures established 
        pursuant to subparagraph (B) of paragraph (1) shall 
        require--
                    ``(A) in the case of an incident of the use 
                of deadly force by U.S. Customs and Border 
                Protection personnel, the Commissioner to 
                notify the Committee on Homeland Security of 
                the House of Representatives and the Committee 
                on Homeland Security and Governmental Affairs 
                of the Senate; and
                    ``(B) the Commissioner to provide to such 
                committees a copy of the evaluation pursuant to 
                subparagraph (D) of such paragraph not later 
                than 30 days after completion of such 
                evaluation.
            ``(7) Report on unmanned aerial systems.--The 
        Commissioner shall submit to the Committee on Homeland 
        Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs 
        of the Senate an annual report, for each of the three 
        calendar years beginning in the calendar year that 
        begins after the date of the enactment of the Trade 
        Facilitation and Trade Enforcement Act of 2015, that 
        reviews whether the use of unmanned aerial systems is 
        being conducted in conformity with the standard 
        operating procedures required under subparagraph (E) of 
        paragraph (1). Such reports--
                    ``(A) shall be submitted with the annual 
                budget of the United States Government 
                submitted by the President under section 1105 
                of title 31, United States Code;
                    ``(B) may be submitted in classified form 
                if the Commissioner determines that such is 
                appropriate; and
                    ``(C) shall include--
                            ``(i) a detailed description of 
                        how, where, and for how long data and 
                        images collected through the use of 
                        unmanned aerial systems by U.S. Customs 
                        and Border Protection are collected and 
                        stored; and
                            ``(ii) a list of Federal, State, 
                        and local law enforcement agencies that 
                        submitted mission requests in the 
                        previous year and the disposition of 
                        such requests.
    ``(l) Training.--The Commissioner shall require all 
officers and agents of U.S. Customs and Border Protection to 
participate in a specified amount of continuing education (to 
be determined by the Commissioner) to maintain an understanding 
of Federal legal rulings, court decisions, and departmental 
policies, procedures, and guidelines.
    ``(m) Short-term Detention Standards.--
            ``(1) Access to food and water.--The Commissioner 
        shall make every effort to ensure that adequate access 
        to food and water is provided to an individual 
        apprehended and detained at a United States port of 
        entry or between ports of entry as soon as practicable 
        following the time of such apprehension or during 
        subsequent short-term detention.
            ``(2) Access to information on detainee rights at 
        border patrol processing centers.--
                    ``(A) In general.--The Commissioner shall 
                ensure that an individual apprehended by a U.S. 
                Border Patrol agent or an Office of Field 
                Operations officer is provided with information 
                concerning such individual's rights, including 
                the right to contact a representative of such 
                individual's government for purposes of United 
                States treaty obligations.
                    ``(B) Form.--The information referred to in 
                subparagraph (A) may be provided either 
                verbally or in writing, and shall be posted in 
                the detention holding cell in which such 
                individual is being held. The information shall 
                be provided in a language understandable to 
                such individual.
            ``(3) Short-term detention defined.--In this 
        subsection, the term `short-term detention' means 
        detention in a U.S. Customs and Border Protection 
        processing center for 72 hours or less, before 
        repatriation to a country of nationality or last 
        habitual residence.
            ``(4) Daytime repatriation.--When practicable, 
        repatriations shall be limited to daylight hours and 
        avoid locations that are determined to have high 
        indices of crime and violence.
            ``(5) Report on procurement process and 
        standards.--Not later than 180 days after the date of 
        the enactment of the Trade Facilitation and Trade 
        Enforcement Act of 2015, the Comptroller General of the 
        United States shall submit to the Committee on Homeland 
        Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs 
        of the Senate a report on the procurement process and 
        standards of entities with which U.S. Customs and 
        Border Protection has contracts for the transportation 
        and detention of individuals apprehended by agents or 
        officers of U.S. Customs and Border Protection. Such 
        report should also consider the operational efficiency 
        of contracting the transportation and detention of such 
        individuals.
            ``(6) Report on inspections of short-term custody 
        facilities.--The Commissioner shall--
                    ``(A) annually inspect all facilities 
                utilized for short-term detention; and
                    ``(B) make publicly available information 
                collected pursuant to such inspections, 
                including information regarding the 
                requirements under paragraphs (1) and (2) and, 
                where appropriate, issue recommendations to 
                improve the conditions of such facilities.
    ``(n) Wait Times Transparency.--
            ``(1) In general.--The Commissioner shall--
                    ``(A) publish live wait times for travelers 
                entering the United States at the 20 United 
                States airports that support the highest volume 
                of international travel (as determined by 
                available Federal flight data);
                    ``(B) make information about such wait 
                times available to the public in real time 
                through the U.S. Customs and Border Protection 
                website;
                    ``(C) submit to the Committee on Homeland 
                Security and the Committee on Ways and Means of 
                the House of Representatives and the Committee 
                on Homeland Security and Governmental Affairs 
                and the Committee on Finance of the Senate, for 
                each of the five calendar years beginning in 
                the calendar year that begins after the date of 
                the enactment of the Trade Facilitation and 
                Trade Enforcement Act of 2015, a report that 
                includes compilations of all such wait times 
                and a ranking of such United States airports by 
                wait times; and
                    ``(D) provide adequate staffing at the U.S. 
                Customs and Border Protection information 
                center to ensure timely access for travelers 
                attempting to submit comments or speak with a 
                representative about their entry experiences.
            ``(2) Calculation.--The wait times referred to in 
        paragraph (1)(A) shall be determined by calculating the 
        time elapsed between an individual's entry into the 
        U.S. Customs and Border Protection inspection area and 
        such individual's clearance by a U.S. Customs and 
        Border Protection officer.
    ``(o) Other Authorities.--
            ``(1) In general.--The Secretary may establish such 
        other offices or positions of Assistant Commissioners 
        (or other similar officers or officials) as the 
        Secretary determines necessary to carry out the 
        missions, duties, functions, and authorities of U.S. 
        Customs and Border Protection.
            ``(2) Notification.--If the Secretary exercises the 
        authority provided under paragraph (1), the Secretary 
        shall notify the Committee on Homeland Security and the 
        Committee on Ways and Means of the House of 
        Representatives and the Committee on Homeland Security 
        and Governmental Affairs and the Committee on Finance 
        of the Senate not later than 30 days before exercising 
        such authority.
    ``(p) Reports to Congress.--The Commissioner shall, on and 
after the date of the enactment of the Trade Facilitation and 
Trade Enforcement Act of 2015, continue to submit to the 
Committee on Homeland Security and the Committee on Ways and 
Means of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Finance of the Senate any report required, on the day before 
such date of enactment, to be submitted under any provision of 
law.
    ``(q) Other Federal Agencies.--Nothing in this section may 
be construed as affecting in any manner the authority, existing 
on the day before the date of the enactment of the Trade 
Facilitation and Trade Enforcement Act of 2015, of any other 
Federal agency or component of the Department.
    ``(r) Definitions.--In this section, the terms `commercial 
operations', `customs and trade laws of the United States', 
`trade enforcement', and `trade facilitation' have the meanings 
given such terms in section 2 of the Trade Facilitation and 
Trade Enforcement Act of 2015.''.
    (b) Special Rules.--
            (1) Treatment.--Section 411 of the Homeland 
        Security Act of 2002, as amended by subsection (a) of 
        this section, shall be treated as if included in such 
        Act as of the date of the enactment of such Act, and, 
        in addition to the functions, missions, duties, and 
        authorities specified in such amended section 411, U.S. 
        Customs and Border Protection shall continue to perform 
        and carry out the functions, missions, duties, and 
        authorities under section 411 of such Act as in 
        existence on the day before the date of the enactment 
        of this Act, and section 415 of the Homeland Security 
        Act of 2002.
            (2) Rules of construction.--
                    (A) Rules and regulations.--Notwithstanding 
                paragraph (1), nothing in this title or any 
                amendment made by this title may be construed 
                as affecting in any manner any rule or 
                regulation issued or promulgated pursuant to 
                any provision of law, including section 411 of 
                the Homeland Security Act of 2002 as in 
                existence on the day before the date of the 
                enactment of this Act, and any such rule or 
                regulation shall continue to have full force 
                and effect on and after such date.
                    (B) Other actions.--Notwithstanding 
                paragraph (1), nothing in this Act may be 
                construed as affecting in any manner any 
                action, determination, policy, or decision 
                pursuant to section 411 of the Homeland 
                Security Act of 2002 as in existence on the day 
                before the date of the enactment of this Act, 
                and any such action, determination, policy, or 
                decision shall continue to have full force and 
                effect on and after such date.
    (c) Continuation in Office.--
            (1) Commissioner.--The individual serving as the 
        Commissioner of Customs on the day before the date of 
        the enactment of this Act may serve as the Commissioner 
        of U.S. Customs and Border Protection on and after such 
        date of enactment until a Commissioner of U.S. Customs 
        and Border Protection is appointed under section 411 of 
        the Homeland Security Act of 2002, as amended by 
        subsection (a) of this section.
            (2) Other positions.--The individual serving as 
        Deputy Commissioner, and the individuals serving as 
        Assistant Commissioners and other officers and 
        officials, under section 411 of the Homeland Security 
        Act of 2002 on the day before the date of the enactment 
        of this Act may serve as the Executive Assistant 
        Commissioners, Deputy Commissioner, Assistant 
        Commissioners, and other officers and officials, as 
        appropriate, under such section 411 as amended by 
        subsection (a) of this section unless the Commissioner 
        of U.S. Customs and Border Protection determines that 
        another individual should hold such position or 
        positions.
    (d) Reference.--
            (1) Title 5.--Section 5314 of title 5, United 
        States Code, is amended by striking ``Commissioner of 
        Customs, Department of Homeland Security'' and 
        inserting ``Commissioner of U.S. Customs and Border 
        Protection, Department of Homeland Security''.
            (2) Other references.--On and after the date of the 
        enactment of this Act, any reference in law or 
        regulations to the ``Commissioner of Customs'' or the 
        ``Commissioner of the Customs Service'' shall be deemed 
        to be a reference to the Commissioner of U.S. Customs 
        and Border Protection.
    (e) Clerical Amendment.--The table of contents in section 
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by striking the item relating to section 411 
and inserting the following new item:

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

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

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

``SEC. 444. EMPLOYEE DISCIPLINE.

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

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

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

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

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

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

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

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

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

``SEC. 4. OFFICE OF TRADE.

    ``(a) In General.--There is established in U.S. Customs and 
Border Protection an Office of Trade.
    ``(b) Executive Assistant Commissioner.--There shall be at 
the head of the Office of Trade an Executive Assistant 
Commissioner, who shall report to the Commissioner of U.S. 
Customs and Border Protection.
    ``(c) Duties.--The Office of Trade shall--
            ``(1) direct the development and implementation, 
        pursuant to the customs and trade laws of the United 
        States, of policies and regulations administered by 
        U.S. Customs and Border Protection;
            ``(2) advise the Commissioner of U.S. Customs and 
        Border Protection with respect to the impact on trade 
        facilitation and trade enforcement of any policy or 
        regulation otherwise proposed or administered by U.S. 
        Customs and Border Protection;
            ``(3) coordinate with the Executive Assistant 
        Commissioner for the Office of Field Operations with 
        respect to the trade facilitation and trade enforcement 
        activities of U.S. Customs and Border Protection;
            ``(4) direct the development and implementation of 
        matters relating to the priority trade issues 
        identified by the Commissioner of U.S. Customs and 
        Border Protection in the joint strategic plan for trade 
        facilitation and trade enforcement required under 
        section 105 of the Trade Facilitation and Trade 
        Enforcement Act of 2015;
            ``(5) otherwise advise the Commissioner of U.S. 
        Customs and Border Protection with respect to the 
        development and implementation of the joint strategic 
        plan;
            ``(6) direct the trade enforcement activities of 
        U.S. Customs and Border Protection;
            ``(7) oversee the trade modernization activities of 
        U.S. Customs and Border Protection, including the 
        development and implementation of the Automated 
        Commercial Environment computer system authorized under 
        section 13031(f)(4) of the Consolidated Omnibus Budget 
        and Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)) 
        and support for the establishment of the International 
        Trade Data System under the oversight of the Department 
        of the Treasury pursuant to section 411(d) of the 
        Tariff Act of 1930 (19 U.S.C. 1411(d));
            ``(8) direct the administration of customs revenue 
        functions as otherwise provided by law or delegated by 
        the Commissioner of U.S. Customs and Border Protection; 
        and
            ``(9) prepare an annual report to be submitted to 
        the Committee on Finance of the Senate and the 
        Committee on Ways and Means of the House of 
        Representatives not later than June 1, 2016, and March 
        1 of each calendar year thereafter that includes--
                    ``(A) a summary of the changes to customs 
                policies and regulations adopted by U.S. 
                Customs and Border Protection during the 
                preceding calendar year; and
                    ``(B) a description of the public vetting 
                and interagency consultation that occurred with 
                respect to each such change.
    ``(d) Transfer of Assets, Functions, Personnel, or 
Liabilities; Elimination of Offices.--
            ``(1) Office of international trade.--
                    ``(A) Transfer.--Not later than 30 days 
                after the date of the enactment of the Trade 
                Facilitation and Trade Enforcement Act of 2015, 
                the Commissioner of U.S. Customs and Border 
                Protection shall transfer the assets, 
                functions, personnel, and liabilities of the 
                Office of International Trade to the Office of 
                Trade established under subsection (b).
                    ``(B) Elimination.--Not later than 30 days 
                after the date of the enactment of the Trade 
                Facilitation and Trade Enforcement Act of 2015, 
                the Office of International Trade shall be 
                abolished.
                    ``(C) Limitation on funds.--No funds 
                appropriated to U.S. Customs and Border 
                Protection or the Department of Homeland 
                Security may be used to transfer the assets, 
                functions, personnel, or liabilities of the 
                Office of International Trade to an office 
                other than the Office of Trade established 
                under subsection (a), unless the Commissioner 
                of U.S. Customs and Border Protection notifies 
                the Committee on Homeland Security and the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Homeland 
                Security and Governmental Affairs and the 
                Committee on Finance of the Senate of the 
                specific assets, functions, personnel, or 
                liabilities to be transferred, and the reason 
                for the transfer, not less than 90 days prior 
                to the transfer of such assets, functions, 
                personnel, or liabilities.
                    ``(D) Office of international trade 
                defined.--In this paragraph, the term `Office 
                of International Trade' means the Office of 
                International Trade established by section 2 of 
                this Act and as in effect on the day before the 
                date of the enactment of the Trade Facilitation 
                and Trade Enforcement Act of 2015.
            ``(2) Other transfers.--
                    ``(A) In general.--The Commissioner of U.S. 
                Customs and Border Protection is authorized to 
                transfer any other assets, functions, or 
                personnel within U.S. Customs and Border 
                Protection to the Office of Trade established 
                under subsection (a).
                    ``(B) Congressional notification.--Not less 
                than 90 days prior to the transfer of assets, 
                functions, personnel, or liabilities under 
                subparagraph (A), the Commissioner of U.S. 
                Customs and Border Protection shall notify the 
                Committee on Homeland Security and the 
                Committee on Ways and Means of the House of 
                Representatives and the Committee on Homeland 
                Security and Governmental Affairs and the 
                Committee on Finance of the Senate of the 
                specific assets, functions, personnel, or 
                liabilities to be transferred, and the reason 
                for such transfer.
    ``(e) Definitions.--In this section, the terms `customs and 
trade laws of the United States', `trade enforcement', and 
`trade facilitation' have the meanings given such terms in 
section 2 of the Trade Facilitation and Trade Enforcement Act 
of 2015.''.
            (2) Continuation in office.--The individual serving 
        as the Assistant Commissioner of the Office of 
        International Trade on the day before the date of the 
        enactment of this Act may serve as the Executive 
        Assistant Commissioner of Trade on and after such date 
        of enactment, at the discretion of the Commissioner of 
        U.S. Customs and Border Protection.
            (3) Conforming amendments.--Section 2 of the Act of 
        March 3, 1927 (44. Stat. 1381, chapter 348; 19 U.S.C. 
        2072), as added by section 402 of the Security and 
        Accountability for Every Port Act of 2006 (Public Law 
        109-347; 120 Stat. 1924), is amended--
                    (A) by striking subsection (d); and
                    (B) by redesignating subsections (e) and 
                (f) as subsections (d) and (e), respectively.
    (i) Reports and Assessments.--
            (1) Report on business transformation initiative.--
        Not later than 90 days after the date of the enactment 
        of this Act and annually thereafter for the next five 
        years, the Commissioner shall submit to the Committee 
        on Ways and Means and the Committee on Homeland 
        Security of the House of Representatives and the 
        Committee on Finance and the Committee on Homeland 
        Security and Governmental Affairs of the Senate a 
        report on U.S. Customs and Border Protection's Business 
        Transformation Initiative, including locations where 
        the Initiative is deployed, the types of equipment 
        utilized, a description of protocols and procedures, 
        information on wait times at such locations since 
        deployment, and information regarding the schedule for 
        deployment at new locations.
            (2) Port of entry infrastructure needs 
        assessments.--Not later than 180 days after the date of 
        the enactment of this Act, the Commissioner shall 
        assess the physical infrastructure and technology needs 
        at the 20 busiest land ports of entry (as measured by 
        U.S. Customs and Border Protection) with a particular 
        attention to identify ways to--
                    (A) improve travel and trade facilitation;
                    (B) reduce wait times;
                    (C) improve physical infrastructure and 
                conditions for individuals accessing pedestrian 
                ports of entry;
                    (D) enter into long-term leases with 
                nongovernmental and private sector entities;
                    (E) enter into lease-purchase agreements 
                with nongovernmental and private sector 
                entities; and
                    (F) achieve cost savings through leases 
                described in subparagraphs (D) and (E).
            (3) Personal searches.--Not later than 90 days 
        after the date of the enactment of this Act and 
        annually thereafter for the next three years, the 
        Commissioner shall submit to the Committee on Homeland 
        Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs 
        of the Senate a report on supervisor-approved personal 
        searches conducted in the previous year by U.S. Customs 
        and Border Protection personnel. Such report shall 
        include the number of personal searches conducted in 
        each sector and field office, the number of invasive 
        personal searches conducted in each sector and field 
        office, whether personal searches were conducted by 
        Office of Field Operations or U.S. Border Patrol 
        personnel, and how many personal searches resulted in 
        the discovery of contraband.
    (j) Trusted Traveler Programs.--The Secretary of Homeland 
Security may not enter into or renew an agreement with the 
government of a foreign country for a trusted traveler program 
administered by U.S. Customs and Border Protection unless the 
Secretary certifies in writing that such government--
            (1) routinely submits to INTERPOL for inclusion in 
        INTERPOL's Stolen and Lost Travel Documents database 
        information about lost and stolen passports and travel 
        documents of the citizens and nationals of such 
        country; or
            (2) makes available to the United States Government 
        the information described in paragraph (1) through 
        another means of reporting.
    (k) Agricultural Specialist Career Track.--Not later than 
one year after the date of the enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committee on 
Homeland Security and the Committee on Ways and Means of the 
House of Representatives and the Committee on Homeland Security 
and Governmental Affairs and the Committee on Finance of the 
Senate a plan to create an agricultural specialist career track 
within U.S. Customs and Border Protection. Such plan shall 
include the following:
            (1) A description of education, training, 
        experience, and assignments necessary for career 
        progression as an agricultural specialist.
            (2) Recruitment and retention goals for 
        agricultural specialists, including a timeline for 
        fulfilling staffing deficits identified in agricultural 
        resource allocation models.
            (3) An assessment of equipment and other resources 
        needed to support agricultural specialists.
            (4) Any other factors the Commissioner determines 
        appropriate.
    (l) Sense of Congress Regarding the Foreign Language Award 
Program.--
            (1) Findings.--Congress finds the following:
                    (A) Congress established the Foreign 
                Language Award Program (FLAP) to incentivize 
                employees at United States ports of entry to 
                utilize their foreign language skills on the 
                job by providing a financial incentive for the 
                use of the foreign language for at least ten 
                percent of their duties after passage of 
                competency tests. FLAP incentivizes the use of 
                more than two dozen languages and has been 
                instrumental in identifying and utilizing U.S. 
                Customs and Border Protection officers and 
                agents who are proficient in a foreign 
                language.
                    (B) In 1993, Congress provided for 
                dedicated funding for this program by 
                stipulating that certain fees collected by U.S. 
                Customs and Border Protection be used to fund 
                FLAP.
                    (C) Through FLAP, foreign travelers are 
                aided by having an officer at a port of entry 
                who speaks their language, and U.S. Customs and 
                Border Protection benefits by being able to 
                focus its border security efforts in a more 
                effective manner.
            (2) Sense of congress.--It is the sense of Congress 
        that FLAP incentivizes U.S. Customs and Border 
        Protection officers to attain and maintain competency 
        in a foreign language, thereby improving the efficiency 
        of operations for the functioning of U.S. Customs and 
        Border Protection's security mission, making the United 
        States a more welcoming place when foreign travelers 
        find officers can communicate in their language, and 
        helping to expedite traveler processing to reduce wait 
        times.

                  Subtitle B--Preclearance Operations

SEC. 811. SHORT TITLE.

    This subtitle may be cited as the ``Preclearance 
Authorization Act of 2015''.

SEC. 812. DEFINITIONS.

    In this subtitle:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Finance, 
                the Committee on Commerce, Science, and 
                Transportation, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Committee on Homeland Security, the 
                Committee on Ways and Means, and the Committee 
                on Appropriations of the House of 
                Representatives.
            (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.

SEC. 813. ESTABLISHMENT OF PRECLEARANCE OPERATIONS.

    Pursuant to section 629 of the Tariff Act of 1930 (19 
U.S.C. 1629) and section 103(a)(7) of the Immigration and 
Nationality Act (8 U.S.C. 1103(a)(7)), and provided that an 
aviation security preclearance agreement (as defined in section 
44901(d)(4)(B) of title 49, United States Code) is in effect, 
the Secretary may establish and maintain U.S. Customs and 
Border Protection preclearance operations in a foreign 
country--
            (1) to prevent terrorists, instruments of 
        terrorism, and other security threats from entering the 
        United States;
            (2) to prevent inadmissible persons from entering 
        the United States;
            (3) to ensure that merchandise destined for the 
        United States complies with applicable laws;
            (4) to ensure the prompt processing of persons 
        eligible to travel to the United States; and
            (5) to accomplish such other objectives as the 
        Secretary determines are necessary to protect the 
        United States.

SEC. 814. NOTIFICATION AND CERTIFICATION TO CONGRESS.

    (a) Initial Notification.--Not later than 60 days before an 
agreement with the government of a foreign country to establish 
U.S. Customs and Border Protection preclearance operations in 
such foreign country enters into force, the Secretary shall 
provide the appropriate congressional committees with--
            (1) a copy of the agreement to establish such 
        preclearance operations, which shall include--
                    (A) the identification of the foreign 
                country with which U.S. Customs and Border 
                Protection intends to enter into a preclearance 
                agreement;
                    (B) the location at which such preclearance 
                operations will be conducted; and
                    (C) the terms and conditions for U.S. 
                Customs and Border Protection personnel 
                operating at the location;
            (2) an assessment of the impact such preclearance 
        operations will have on legitimate trade and travel, 
        including potential impacts on passengers traveling to 
        the United States;
            (3) an assessment of the impacts such preclearance 
        operations will have on U.S. Customs and Border 
        Protection domestic port of entry staffing;
            (4) country-specific information on the anticipated 
        homeland security benefits associated with establishing 
        such preclearance operations;
            (5) information on potential security 
        vulnerabilities associated with commencing such 
        preclearance operations and mitigation plans to address 
        such potential security vulnerabilities;
            (6) a U.S. Customs and Border Protection staffing 
        model for such preclearance operations and plans for 
        how such positions would be filled; and
            (7) information on the anticipated costs over the 5 
        fiscal years after the agreement enters into force 
        associated with commencing such preclearance 
        operations.
    (b) Further Notification Relating to Preclearance 
Operations Established at Airports.--Not later than 45 days 
before an agreement with the government of a foreign country to 
establish U.S. Customs and Border Protection preclearance 
operations at an airport in such country enters into force, the 
Secretary, in addition to complying with the notification 
requirements under subsection (a), shall provide the 
appropriate congressional committees with--
            (1) an estimate of the date on which U.S. Customs 
        and Border Protection intends to establish preclearance 
        operations under such agreement, including any pending 
        caveats that must be resolved before preclearance 
        operations are approved;
            (2) the anticipated funding sources for 
        preclearance operations under such agreement, and other 
        funding sources considered;
            (3) a homeland security threat assessment for the 
        country in which such preclearance operations are to be 
        established;
            (4) information on potential economic, competitive, 
        and job impacts on United States air carriers 
        associated with establishing such preclearance 
        operations;
            (5) details on information sharing mechanisms to 
        ensure that U.S. Customs and Border Protection has 
        current information to prevent terrorist and criminal 
        travel; and
            (6) other factors that the Secretary determines to 
        be necessary for Congress to comprehensively assess the 
        appropriateness of commencing such preclearance 
        operations.
    (c) Certifications Relating to Preclearance Operations 
Established at Airports.--Not later than 60 days before an 
agreement with the government of a foreign country to establish 
U.S. Customs and Border Protection preclearance operations at 
an airport in such country enters into force, the Secretary, in 
addition to complying with the notification requirements under 
subsections (a) and (b), shall provide the appropriate 
congressional committees with--
            (1) a certification that preclearance operations 
        under such preclearance agreement, after considering 
        alternative options, would provide homeland security 
        benefits to the United States through the most 
        effective means possible;
            (2) a certification that preclearance operations 
        within such foreign country will be established under 
        such agreement only if--
                    (A) at least one United States passenger 
                carrier operates at such airport; and
                    (B) any United States passenger carriers 
                operating at such airport and desiring to 
                participate in preclearance operations are 
                provided access that is comparable to that of 
                any non-United States passenger carrier 
                operating at that airport;
            (3) a certification that the establishment of 
        preclearance operations in such foreign country will 
        not significantly increase customs processing times at 
        United States airports;
            (4) a certification that representatives from U.S. 
        Customs and Border Protection consulted with 
        stakeholders, including providers of commercial air 
        service in the United States, employees of such 
        providers, security experts, and such other parties as 
        the Secretary determines to be appropriate; and
            (5) a report detailing the basis for the 
        certifications referred to in paragraphs (1) through 
        (4).
    (d) Amendment of Existing Agreements.--Not later than 30 
days before a substantially amended preclearance agreement with 
the government of a foreign country in effect as of the date of 
the enactment of this Act enters into force, the Secretary 
shall provide to the appropriate congressional committees--
            (1) a copy of the agreement, as amended; and
            (2) the justification for such amendment.
    (e) Implementation Plan.--
            (1) In general.--The Commissioner shall report to 
        the appropriate congressional committees, on a 
        quarterly basis--
                    (A) the number of U.S. Customs and Border 
                Protection officers, by port, assigned from 
                domestic ports of entry to preclearance 
                operations; and
                    (B) the number of the positions at domestic 
                ports of entry vacated by U.S. Customs and 
                Border Protection officers described in 
                subparagraph (A) that have been filled by other 
                hired, trained, and equipped U.S. Customs and 
                Border Protection officers.
            (2) Submission.--If the Commissioner has not filled 
        the positions of U.S. Customs and Border Protection 
        officers that were reassigned to preclearance 
        operations and determines that U.S. Customs and Border 
        Protection processing times at domestic ports of entry 
        from which U.S. Customs and Border Protection officers 
        were reassigned to preclearance operations have 
        significantly increased, the Commissioner, not later 
        than 60 days after making such a determination, shall 
        submit to the appropriate congressional committees an 
        implementation plan for reducing processing times at 
        the domestic ports of entry with such increased 
        processing times.
            (3) Suspension.--If the Commissioner does not 
        submit the implementation plan described in paragraph 
        (2) to the appropriate congressional committees before 
        the deadline set forth in such paragraph, the 
        Commissioner may not commence preclearance operations 
        at an additional port of entry in any country until 
        such implementation plan is submitted.
    (f) Classified Report.--The report required under 
subsection (c)(5) may be submitted in classified form if the 
Secretary determines that such form is appropriate.

SEC. 815. PROTOCOLS.

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

SEC. 816. LOST AND STOLEN PASSPORTS.

    The Secretary may not enter into an agreement with the 
government of a foreign country to establish or maintain U.S. 
Customs and Border Protection preclearance operations at an 
airport in such country unless the Secretary certifies to the 
appropriate congressional committees that such government--
            (1) routinely submits information about lost and 
        stolen passports of its citizens and nationals to 
        INTERPOL's Stolen and Lost Travel Document database; or
            (2) makes such information available to the United 
        States Government through another comparable means of 
        reporting.

SEC. 817. RECOVERY OF INITIAL U.S. CUSTOMS AND BORDER PROTECTION 
                    PRECLEARANCE OPERATIONS COSTS.

    (a) Cost Sharing Agreements With Relevant Airport 
Authorities.--The Commissioner may enter into a cost sharing 
agreement with airport authorities in foreign countries at 
which preclearance operations are to be established or 
maintained if--
            (1) an executive agreement to establish or maintain 
        such preclearance operations pursuant to the 
        authorities under section 629 of the Tariff Act of 1930 
        (19 U.S.C. 1629) and section 103(a)(7) of the 
        Immigration and Nationality Act (8 U.S.C. 1103(a)(7)) 
        has been signed, but has not yet entered into force; 
        and
            (2) U.S. Customs and Border Protection has 
        incurred, or expects to incur, initial preclearance 
        operations costs in order to establish or maintain 
        preclearance operations under the agreement described 
        in paragraph (1).
    (b) Contents of Cost Sharing Agreements.--
            (1) In general.--Notwithstanding section 13031(e) 
        of the Consolidated Omnibus Budget Reconciliation Act 
        of 1985 (19 U.S.C. 58c(e)) and section 286(g) of the 
        Immigration and Nationality Act (8 U.S.C. 1356(g)), any 
        cost sharing agreement with an airport authority 
        authorized under subsection (a) may provide for the 
        airport authority's payment to U.S. Customs and Border 
        Protection of its initial preclearance operations 
        costs.
            (2) Timing of payments.--The airport authority's 
        payment to U.S. Customs and Border Protection for its 
        initial preclearance operations costs may be made in 
        advance of the incurrence of the costs or on a 
        reimbursable basis.
    (c) Account.--
            (1) In general.--All amounts collected pursuant to 
        any cost sharing agreement authorized under subsection 
        (a)--
                    (A) shall be credited as offsetting 
                collections to the currently applicable 
                appropriation, account, or fund of U.S. Customs 
                and Border Protection;
                    (B) shall remain available, until expended, 
                for the purposes for which such appropriation, 
                account, or fund is authorized to be used; and
                    (C) may be collected and shall be available 
                only to the extent provided in appropriations 
                Acts.
            (2) Return of unused funds.--Any advances or 
        reimbursements not used by U.S. Customs and Border 
        Protection may be returned to the relevant airport 
        authority.
            (3) Rule of construction.--Nothing in this 
        subsection may be construed to preclude the use of 
        appropriated funds from sources other than the payments 
        collected under this subtitle to pay initial 
        preclearance operation costs.
    (d) Defined Term.--
            (1) In general.--In this section, the term 
        ``initial preclearance operations costs'' means the 
        costs incurred, or expected to be incurred, by U.S. 
        Customs and Border Protection to establish or maintain 
        preclearance operations at an airport in a foreign 
        country, including costs relating to--
                    (A) hiring, training, and equipping new 
                U.S. Customs and Border Protection officers who 
                will be stationed at United States domestic 
                ports of entry or other U.S. Customs and Border 
                Protection facilities to backfill U.S. Customs 
                and Border Protection officers to be stationed 
                at an airport in a foreign country to conduct 
                preclearance operations; and
                    (B) visits to the airport authority 
                conducted by U.S. Customs and Border Protection 
                personnel necessary to prepare for the 
                establishment or maintenance of preclearance 
                operations at such airport, including the 
                compensation, travel expenses, and allowances 
                payable to such personnel attributable to such 
                visits.
            (2) Exception.--The costs described in paragraph 
        (1)(A) shall not include the salaries and benefits of 
        new U.S. Customs and Border Protection officers once 
        such officers are permanently stationed at a domestic 
        United States port of entry or other domestic U.S. 
        Customs and Border Protection facility after being 
        hired, trained, and equipped.
    (e) Rule of Construction.--Except as otherwise provided in 
this section, nothing in this section may be construed as 
affecting the responsibilities, duties, or authorities of U.S. 
Customs and Border Protection.

SEC. 818. COLLECTION AND DISPOSITION OF FUNDS COLLECTED FOR IMMIGRATION 
                    INSPECTION SERVICES AND PRECLEARANCE ACTIVITIES.

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

SEC. 819. APPLICATION TO NEW AND EXISTING PRECLEARANCE OPERATIONS.

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

                   TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. DE MINIMIS VALUE.

    (a) Findings.--Congress makes the following findings:
            (1) Modernizing international customs is critical 
        for United States businesses of all sizes, consumers in 
        the United States, and the economic growth of the 
        United States.
            (2) Higher thresholds for the value of articles 
        that may be entered informally and free of duty provide 
        significant economic benefits to businesses and 
        consumers in the United States and the economy of the 
        United States through costs savings and reductions in 
        trade transaction costs.
    (b) Sense of Congress.--It is the sense of Congress that 
the United States Trade Representative should encourage other 
countries, through bilateral, regional, and multilateral fora, 
to establish commercially meaningful de minimis values for 
express and postal shipments that are exempt from customs 
duties and taxes and from certain entry documentation 
requirements, as appropriate.
    (c) De Minimis Value.--Section 321(a)(2)(C) of the Tariff 
Act of 1930 (19 U.S.C. 1321(a)(2)(C)) is amended by striking 
``$200'' and inserting ``$800''.
    (d) Effective Date.--The amendment made by subsection (c) 
shall apply with respect to articles entered, or withdrawn from 
warehouse for consumption, on or after the 15th day after the 
date of the enactment of this Act.

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

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

SEC. 903. PENALTIES FOR CUSTOMS BROKERS.

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

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

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


``            9801.00.11    United States     Free         ............  ............  ............      ''.
                             Government
                             property,
                             returned to the
                             United States
                             without having
                             been advanced
                             in value or
                             improved in
                             condition by
                             any means while
                             abroad, entered
                             by the United
                             States
                             Government or a
                             contractor to
                             the United
                             States
                             Government, and
                             certified by
                             the importer as
                             United States
                             Government
                             property.......


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

SEC. 905. EXEMPTION FROM DUTY OF RESIDUE OF BULK CARGO CONTAINED IN 
                    INSTRUMENTS OF INTERNATIONAL TRAFFIC PREVIOUSLY 
                    EXPORTED FROM THE UNITED STATES.

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

SEC. 906. DRAWBACK AND REFUNDS.

    (a) Articles Made From Imported Merchandise.--Section 
313(a) of the Tariff Act of 1930 (19 U.S.C. 1313(a)) is amended 
by striking ``the full amount of the duties paid upon the 
merchandise so used shall be refunded as drawback, less 1 per 
centum of such duties, except that such'' and inserting ``an 
amount calculated pursuant to regulations prescribed by the 
Secretary of the Treasury under subsection (l) shall be 
refunded as drawback, except that''.
    (b) Substitution for Drawback Purposes.--Section 313(b) of 
the Tariff Act of 1930 (19 U.S.C. 1313(b)) is amended--
            (1) by striking ``If imported'' and inserting the 
        following:
            ``(1) In general.--If imported'';
            (2) by striking ``and any other merchandise 
        (whether imported or domestic) of the same kind and 
        quality are'' and inserting ``or merchandise 
        classifiable under the same 8-digit HTS subheading 
        number as such imported merchandise is'';
            (3) by striking ``three years'' and inserting ``5 
        years'';
            (4) by striking ``the receipt of such imported 
        merchandise by the manufacturer or producer of such 
        articles'' and inserting ``the date of importation of 
        such imported merchandise'';
            (5) by striking ``an amount of drawback equal to'' 
        and all that follows through the end period and 
        inserting ``an amount calculated pursuant to 
        regulations prescribed by the Secretary of the Treasury 
        under subsection (l), but only if those articles have 
        not been used prior to such exportation or 
        destruction.''; and
            (6) by adding at the end the following:
            ``(2) Requirements relating to transfer of 
        merchandise.--
                    ``(A) Manufacturers and producers.--
                Drawback shall be allowed under paragraph (1) 
                with respect to an article manufactured or 
                produced using imported merchandise or other 
                merchandise classifiable under the same 8-digit 
                HTS subheading number as such imported 
                merchandise only if the manufacturer or 
                producer of the article received such imported 
                merchandise or such other merchandise, directly 
                or indirectly, from the importer.
                    ``(B) Exporters and destroyers.--Drawback 
                shall be allowed under paragraph (1) with 
                respect to a manufactured or produced article 
                that is exported or destroyed only if the 
                exporter or destroyer received that article, 
                directly or indirectly, from the manufacturer 
                or producer.
                    ``(C) Evidence of transfer.--Transfers of 
                merchandise under subparagraph (A) and 
                transfers of articles under subparagraph (B) 
                may be evidenced by business records kept in 
                the normal course of business and no additional 
                certificates of transfer or manufacture shall 
                be required.
            ``(3) Submission of bill of materials or formula.--
                    ``(A) In general.--Drawback shall be 
                allowed under paragraph (1) with respect to an 
                article manufactured or produced using imported 
                merchandise or other merchandise classifiable 
                under the same 8-digit HTS subheading number as 
                such imported merchandise only if the person 
                making the drawback claim submits with the 
                claim a bill of materials or formula 
                identifying the merchandise and article by the 
                8-digit HTS subheading number and the quantity 
                of the merchandise.
                    ``(B) Bill of materials and formula 
                defined.--In this paragraph, the terms `bill of 
                materials' and `formula' mean records kept in 
                the normal course of business that identify 
                each component incorporated into a manufactured 
                or produced article or that identify the 
                quantity of each element, material, chemical, 
                mixture, or other substance incorporated into a 
                manufactured article.
            ``(4) Special rule for sought chemical elements.--
                    ``(A) In general.--For purposes of 
                paragraph (1), a sought chemical element may 
                be--
                            ``(i) considered imported 
                        merchandise, or merchandise 
                        classifiable under the same 8-digit HTS 
                        subheading number as such imported 
                        merchandise, used in the manufacture or 
                        production of an article as described 
                        in paragraph (1); and
                            ``(ii) substituted for source 
                        material containing that sought 
                        chemical element, without regard to 
                        whether the sought chemical element and 
                        the source material are classifiable 
                        under the same 8-digit HTS subheading 
                        number, and apportioned quantitatively, 
                        as appropriate.
                    ``(B) Sought chemical element defined.--In 
                this paragraph, the term `sought chemical 
                element' means an element listed in the 
                Periodic Table of Elements that is imported 
                into the United States or a chemical compound 
                consisting of those elements, either separately 
                in elemental form or contained in source 
                material.''.
    (c) Merchandise Not Conforming to Sample or 
Specifications.--Section 313(c) of the Tariff Act of 1930 (19 
U.S.C. 1313(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C)(ii), by striking 
                ``under a certificate of delivery'' each place 
                it appears;
                    (B) in subparagraph (D)--
                            (i) by striking ``3'' and inserting 
                        ``5''; and
                            (ii) by striking ``the Customs 
                        Service'' and inserting ``U.S. Customs 
                        and Border Protection''; and
                    (C) in the flush text at the end, by 
                striking ``the full amount of the duties paid 
                upon such merchandise, less 1 percent,'' and 
                inserting ``an amount calculated pursuant to 
                regulations prescribed by the Secretary of the 
                Treasury under subsection (l)'';
            (2) in paragraph (2), by striking ``the Customs 
        Service'' and inserting ``U.S. Customs and Border 
        Protection''; and
            (3) by amending paragraph (3) to read as follows:
            ``(3) Evidence of transfers.--Transfers of 
        merchandise under paragraph (1) may be evidenced by 
        business records kept in the normal course of business 
        and no additional certificates of transfer shall be 
        required.''.
    (d) Proof of Exportation.--Section 313(i) of the Tariff Act 
of 1930 (19 U.S.C. 1313(i)) is amended to read as follows:
    ``(i) Proof of Exportation.--A person claiming drawback 
under this section based on the exportation of an article shall 
provide proof of the exportation of the article. Such proof of 
exportation--
            ``(1) shall establish fully the date and fact of 
        exportation and the identity of the exporter; and
            ``(2) may be established through the use of records 
        kept in the normal course of business or through an 
        electronic export system of the United States 
        Government, as determined by the Commissioner of U.S. 
        Customs and Border Protection.''.
    (e) Unused Merchandise Drawback.--Section 313(j) of the 
Tariff Act of 1930 (19 U.S.C. 1313(j)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), in the matter 
                preceding clause (i)--
                            (i) by striking ``3-year'' and 
                        inserting ``5-year''; and
                            (ii) by inserting ``and before the 
                        drawback claim is filed'' after ``the 
                        date of importation''; and
                    (B) in the flush text at the end, by 
                striking ``99 percent of the amount of each 
                duty, tax, or fee so paid'' and inserting ``an 
                amount calculated pursuant to regulations 
                prescribed by the Secretary of the Treasury 
                under subsection (l)'';
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph 
                (A), by striking ``paragraph (4)'' and 
                inserting ``paragraphs (4), (5), and (6)'';
                    (B) in subparagraph (A), by striking 
                ``commercially interchangeable with'' and 
                inserting ``classifiable under the same 8-digit 
                HTS subheading number as'';
                    (C) in subparagraph (B)--
                            (i) by striking ``3-year'' and 
                        inserting ``5-year''; and
                            (ii) by inserting ``and before the 
                        drawback claim is filed'' after ``the 
                        imported merchandise'';
                    (D) in subparagraph (C)(ii), by striking 
                subclause (II) and inserting the following:
                                    ``(II) received the 
                                imported merchandise, other 
                                merchandise classifiable under 
                                the same 8-digit HTS subheading 
                                number as such imported 
                                merchandise, or any combination 
                                of such imported merchandise 
                                and such other merchandise, 
                                directly or indirectly from the 
                                person who imported and paid 
                                any duties, taxes, and fees 
                                imposed under Federal law upon 
                                importation or entry and due on 
                                the imported merchandise (and 
                                any such transferred 
                                merchandise, regardless of its 
                                origin, will be treated as the 
                                imported merchandise and any 
                                retained merchandise will be 
                                treated as domestic 
                                merchandise);''; and
                    (E) in the flush text at the end--
                            (i) by striking ``the amount of 
                        each such duty, tax, and fee'' and all 
                        that follows through ``99 percent of 
                        that duty, tax, or fee'' and inserting 
                        ``an amount calculated pursuant to 
                        regulations prescribed by the Secretary 
                        of the Treasury under subsection (l) 
                        shall be refunded as drawback''; and
                            (ii) by striking the last sentence 
                        and inserting the following: 
                        ``Notwithstanding subparagraph (A), 
                        drawback shall be allowed under this 
                        paragraph with respect to wine if the 
                        imported wine and the exported wine are 
                        of the same color and the price 
                        variation between the imported wine and 
                        the exported wine does not exceed 50 
                        percent. Transfers of merchandise may 
                        be evidenced by business records kept 
                        in the normal course of business and no 
                        additional certificates of transfer 
                        shall be required.'';
            (3) in paragraph (3)(B), by striking ``the 
        commercially interchangeable merchandise'' and 
        inserting ``merchandise classifiable under the same 8-
        digit HTS subheading number as such imported 
        merchandise''; and
            (4) by adding at the end the following:
            ``(5)(A) For purposes of paragraph (2) and except 
        as provided in subparagraph (B), merchandise may not be 
        substituted for imported merchandise for drawback 
        purposes based on the 8-digit HTS subheading number if 
        the article description for the 8-digit HTS subheading 
        number under which the imported merchandise is 
        classified begins with the term `other'.
            ``(B) In cases described in subparagraph (A), 
        merchandise may be substituted for imported merchandise 
        for drawback purposes if--
                    ``(i) the other merchandise and such 
                imported merchandise are classifiable under the 
                same 10-digit HTS statistical reporting number; 
                and
                    ``(ii) the article description for that 10-
                digit HTS statistical reporting number does not 
                begin with the term `other'.
            ``(6)(A) For purposes of paragraph (2), a drawback 
        claimant may use the first 8 digits of the 10-digit 
        Schedule B number for merchandise or an article to 
        determine if the merchandise or article is classifiable 
        under the same 8-digit HTS subheading number as the 
        imported merchandise, without regard to whether the 
        Schedule B number corresponds to more than one 8-digit 
        HTS subheading number.
            ``(B) In this paragraph, the term `Schedule B' 
        means the Department of Commerce Schedule B, 
        Statistical Classification of Domestic and Foreign 
        Commodities Exported from the United States.''.
    (f) Liability for Drawback Claims.--Section 313(k) of the 
Tariff Act of 1930 (19 U.S.C. 1313(k)) is amended to read as 
follows:
    ``(k) Liability for Drawback Claims.--
            ``(1) In general.--Any person making a claim for 
        drawback under this section shall be liable for the 
        full amount of the drawback claimed.
            ``(2) Liability of importers.--An importer shall be 
        liable for any drawback claim made by another person 
        with respect to merchandise imported by the importer in 
        an amount equal to the lesser of--
                    ``(A) the amount of duties, taxes, and fees 
                that the person claimed with respect to the 
                imported merchandise; or
                    ``(B) the amount of duties, taxes, and fees 
                that the importer authorized the other person 
                to claim with respect to the imported 
                merchandise.
            ``(3) Joint and several liability.--Persons 
        described in paragraphs (1) and (2) shall be jointly 
        and severally liable for the amount described in 
        paragraph (2).''.
    (g) Regulations.--Section 313(l) of the Tariff Act of 1930 
(19 U.S.C. 1313(l)) is amended to read as follows:
    ``(l) Regulations.--
            ``(1) In general.--Allowance of the privileges 
        provided for in this section shall be subject to 
        compliance with such rules and regulations as the 
        Secretary of the Treasury shall prescribe.
            ``(2) Calculation of drawback.--
                    ``(A) In general.--Not later than the date 
                that is 2 years after the date of the enactment 
                of the Trade Facilitation and Trade Enforcement 
                Act of 2015, the Secretary shall prescribe 
                regulations for determining the calculation of 
                amounts refunded as drawback under this 
                section.
                    ``(B) Claims with respect to unused 
                merchandise.--The regulations required by 
                subparagraph (A) for determining the 
                calculation of amounts refunded as drawback 
                under this section shall provide for a refund 
                of equal to 99 percent of the duties, taxes, 
                and fees paid on the imported merchandise, 
                which were imposed under Federal law upon entry 
                or importation of the imported merchandise, and 
                may require the claim to be based upon the 
                average per unit duties, taxes, and fees as 
                reported on the entry summary line item or, if 
                not reported on the entry summary line item, as 
                otherwise allocated by U.S. Customs and Border 
                Protection, except that where there is 
                substitution of the merchandise, then--
                            ``(i) in the case of an article 
                        that is exported, the amount of the 
                        refund shall be equal to 99 percent of 
                        the lesser of--
                                    ``(I) the amount of duties, 
                                taxes, and fees paid with 
                                respect to the imported 
                                merchandise; or
                                    ``(II) the amount of 
                                duties, taxes, and fees that 
                                would apply to the exported 
                                article if the exported article 
                                were imported; and
                            ``(ii) in the case of an article 
                        that is destroyed, the amount of the 
                        refund shall be an amount that is--
                                    ``(I) equal to 99 percent 
                                of the lesser of--
                                            ``(aa) the amount 
                                        of duties, taxes, and 
                                        fees paid with respect 
                                        to the imported 
                                        merchandise; and
                                            ``(bb) the amount 
                                        of duties, taxes, and 
                                        fees that would apply 
                                        to the destroyed 
                                        article if the 
                                        destroyed article were 
                                        imported; and
                                    ``(II) reduced by the value 
                                of materials recovered during 
                                destruction as provided in 
                                subsection (x).
                    ``(C) Claims with respect to manufactured 
                articles into which imported or substitute 
                merchandise is incorporated.--The regulations 
                required by subparagraph (A) for determining 
                the calculation of amounts refunded as drawback 
                under this section shall provide for a refund 
                of equal to 99 percent of the duties, taxes, 
                and fees paid on the imported merchandise 
                incorporated into an article that is exported 
                or destroyed, which were imposed under Federal 
                law upon entry or importation of the imported 
                merchandise incorporated into an article that 
                is exported or destroyed, and may require the 
                claim to be based upon the average per unit 
                duties, taxes, and fees as reported on the 
                entry summary line item, or if not reported on 
                the entry summary line item, as otherwise 
                allocated by U.S. Customs and Border 
                Protection, except that where there is 
                substitution of the imported merchandise, 
                then--
                            ``(i) in the case of an article 
                        that is exported, the amount of the 
                        refund shall be equal to 99 percent of 
                        the lesser of--
                                    ``(I) the amount of duties, 
                                taxes, and fees paid with 
                                respect to the imported 
                                merchandise; or
                                    ``(II) the amount of 
                                duties, taxes, and fees that 
                                would apply to the substituted 
                                merchandise if the substituted 
                                merchandise were imported; and
                            ``(ii) in the case of an article 
                        that is destroyed, the amount of the 
                        refund shall be an amount that is--
                                    ``(I) equal to 99 percent 
                                of the lesser of--
                                            ``(aa) the amount 
                                        of duties, taxes, and 
                                        fees paid with respect 
                                        to the imported 
                                        merchandise; and
                                            ``(bb) the amount 
                                        of duties, taxes, and 
                                        fees that would apply 
                                        to the substituted 
                                        merchandise if the 
                                        substituted merchandise 
                                        were imported; and
                                    ``(II) reduced by the value 
                                of materials recovered during 
                                destruction as provided in 
                                subsection (x).
                    ``(D) Exceptions.--The calculations set 
                forth in subparagraphs (B) and (C) shall not 
                apply to claims for wine based on subsection 
                (j)(2) and claims based on subsection (p) and 
                instead--
                            ``(i) for any drawback claim for 
                        wine based on subsection (j)(2), the 
                        amount of the refund shall be equal to 
                        99 percent of the duties, taxes, and 
                        fees paid with respect to the imported 
                        merchandise, without regard to the 
                        limitations in subparagraphs (B)(i) and 
                        (B)(ii); and
                            ``(ii) for any drawback claim based 
                        on subsection (p), the amount of the 
                        refund shall be subject to the 
                        limitations set out in paragraph (4) of 
                        that subsection and without regard to 
                        subparagraph (B)(i), (B)(ii), (C)(i), 
                        or (C)(ii).
            ``(3) Status reports on regulations.--Not later 
        than the date that is one year after the date of the 
        enactment of the Trade Facilitation and Trade 
        Enforcement Act of 2015, and annually thereafter until 
        the regulations required by paragraph (2) are final, 
        the Secretary shall submit to Congress a report on the 
        status of those regulations.''.
    (h) Substitution of Finished Petroleum Derivatives.--
Section 313(p) of the Tariff Act of 1930 (19 U.S.C. 1313(p)) is 
amended--
            (1) by striking ``Harmonized Tariff Schedule of the 
        United States'' each place it appears and inserting 
        ``HTS''; and
            (2) in paragraph (3)(A)--
                    (A) in clause (ii)(III), by striking ``, as 
                so certified in a certificate of delivery or 
                certificate of manufacture and delivery''; and
                    (B) in the flush text at the end--
                            (i) by striking ``, so designated 
                        on the certificate of delivery or 
                        certificate of manufacture and 
                        delivery''; and
                            (ii) by striking the last sentence 
                        and inserting the following: ``The 
                        party transferring the merchandise 
                        shall maintain records kept in the 
                        normal course of business to 
                        demonstrate the transfer.''.
    (i) Packaging Material.--Section 313(q) of the Tariff Act 
of 1930 (19 U.S.C. 1313(q)) is amended--
            (1) in paragraph (1), by striking ``of 99 percent 
        of any duty, tax, or fee imposed under Federal law on 
        such imported material'' and inserting ``in an amount 
        calculated pursuant to regulations prescribed by the 
        Secretary of the Treasury under subsection (l)'';
            (2) in paragraph (2), by striking ``of 99 percent 
        of any duty, tax, or fee imposed under Federal law on 
        the imported or substituted merchandise used to 
        manufacture or produce such material'' and inserting 
        ``in an amount calculated pursuant to regulations 
        prescribed by the Secretary of the Treasury under 
        subsection (l)''; and
            (3) in paragraph (3), by striking ``they contain'' 
        each place it appears and inserting ``it contains''.
    (j) Filing of Drawback Claims.--Section 313(r) of the 
Tariff Act of 1930 (19 U.S.C. 1313(r)) is amended--
            (1) in paragraph (1)--
                    (A) by striking the first sentence and 
                inserting the following: ``A drawback entry 
                shall be filed or applied for, as applicable, 
                not later than 5 years after the date on which 
                merchandise on which drawback is claimed was 
                imported.'';
                    (B) in the second sentence, by striking 
                ``3-year'' and inserting ``5-year''; and
                    (C) in the third sentence, by striking 
                ``the Customs Service'' and inserting ``U.S. 
                Customs and Border Protection'';
            (2) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause 
                        (i), by striking ``The Customs 
                        Service'' and inserting ``U.S. Customs 
                        and Border Protection'';
                            (ii) in clauses (i) and (ii), by 
                        striking ``the Customs Service'' each 
                        place it appears and inserting ``U.S. 
                        Customs and Border Protection''; and
                            (iii) in clause (ii)(I), by 
                        striking ``3-year'' and inserting ``5-
                        year''; and
                    (B) in subparagraph (B), by striking ``the 
                periods of time for retaining records set forth 
                in subsection (t) of this section and'' and 
                inserting ``the period of time for retaining 
                records set forth in''; and
            (3) by adding at the end the following:
            ``(4) All drawback claims filed on and after the 
        date that is 2 years after the date of the enactment of 
        the Trade Facilitation and Trade Enforcement Act of 
        2015 shall be filed electronically.''.
    (k) Designation of Merchandise by Successor.--Section 
313(s) of the Tariff Act of 1930 (19 U.S.C. 1313(s)) is 
amended--
            (1) in paragraph (2), by striking subparagraph (B) 
        and inserting the following:
                    ``(B) subject to paragraphs (5) and (6) of 
                subsection (j), imported merchandise, other 
                merchandise classifiable under the same 8-digit 
                HTS subheading number as such imported 
                merchandise, or any combination of such 
                imported merchandise and such other 
                merchandise, that the predecessor received, 
                before the date of succession, from the person 
                who imported and paid any duties, taxes, and 
                fees due on the imported merchandise;''; and
            (2) in paragraph (4), by striking ``certifies 
        that'' and all that follows and inserting ``certifies 
        that the transferred merchandise was not and will not 
        be claimed by the predecessor.''.
    (l) Drawback Certificates.--Section 313 of the Tariff Act 
of 1930 (19 U.S.C. 1313) is amended by striking subsection (t).
    (m) Drawback for Recovered Materials.--Section 313(x) of 
the Tariff Act of 1930 (19 U.S.C. 1313(x)) is amended by 
striking ``and (c)'' and inserting ``(c), and (j)''.
    (n) Definitions.--Section 313 of the Tariff Act of 1930 (19 
U.S.C. 1313) is amended by adding at the end the following:
    ``(z) Definitions.--In this section:
            ``(1) Directly.--The term `directly' means a 
        transfer of merchandise or an article from one person 
        to another person without any intermediate transfer.
            ``(2) HTS.--The term `HTS' means the Harmonized 
        Tariff Schedule of the United States.
            ``(3) Indirectly.--The term `indirectly' means a 
        transfer of merchandise or an article from one person 
        to another person with one or more intermediate 
        transfers.''.
    (o) Recordkeeping.--Section 508(c)(3) of the Tariff Act of 
1930 (19 U.S.C. 1508(c)(3)) is amended by striking ``payment'' 
and inserting ``liquidation''.
    (p) Government Accountability Office Report.--
            (1) In general.--Not later than one year after the 
        issuance of the regulations required by subsection 
        (l)(2) of section 313 of the Tariff Act of 1930, as 
        added by subsection (g) of this section, the 
        Comptroller General of the United States shall submit 
        to the Committee on Finance of the Senate and the 
        Committee on Ways and Means of the House of 
        Representatives a report on the modernization of 
        drawback and refunds under section 313 of the Tariff 
        Act of 1930, as amended by this section.
            (2) Contents.--The report required by paragraph (1) 
        shall include the following:
                    (A) An assessment of the modernization of 
                drawback and refunds under section 313 of the 
                Tariff Act of 1930, as amended by this section.
                    (B) A description of drawback claims that 
                were permissible before the effective date 
                provided for in subsection (q) that are not 
                permissible after that effective date and an 
                identification of industries most affected.
                    (C) A description of drawback claims that 
                were not permissible before the effective date 
                provided for in subsection (q) that are 
                permissible after that effective date and an 
                identification of industries most affected.
    (q) Effective Date.--
            (1) In general.--The amendments made by this 
        section shall--
                    (A) take effect on the date of the 
                enactment of this Act; and
                    (B) except as provided in paragraph (3), 
                apply to drawback claims filed on or after the 
                date that is 2 years after such date of 
                enactment.
            (2) Reporting of operability of automated 
        commercial environment computer system.--Not later than 
        one year after the date of the enactment of this Act, 
        and not later than 2 years after such date of 
        enactment, the Secretary of the Treasury shall submit 
        to the Committee on Finance of the Senate and the 
        Committee on Ways and Means of the House of 
        Representatives a report on--
                    (A) the date on which the Automated 
                Commercial Environment will be ready to process 
                drawback claims; and
                    (B) the date on which the Automated Export 
                System will be ready to accept proof of 
                exportation under subsection (i) of section 313 
                of the Tariff Act of 1930, as amended by 
                subsection (d) of this section.
            (3) Transition rule.--During the one-year period 
        beginning on the date that is 2 years after the date of 
        the enactment of this Act, a person may elect to file a 
        claim for drawback under--
                    (A) section 313 of the Tariff Act of 1930, 
                as amended by this section; or
                    (B) section 313 of the Tariff Act of 1930, 
                as in effect on the day before the date of the 
                enactment of this Act.

SEC. 907. REPORT ON CERTAIN U.S. CUSTOMS AND BORDER PROTECTION 
                    AGREEMENTS.

    (a) In General.--Not later than one year after entering 
into an agreement under a program specified in subsection (b), 
and annually thereafter until the termination of the program, 
the Commissioner shall submit to the Committee on Finance and 
the Committee on Homeland Security and Governmental Affairs of 
the Senate and the Committee on Ways and Means and the 
Committee on Homeland Security of the House of Representatives 
a report that includes the following:
            (1) A description of the development of the 
        program, including an identification of the authority 
        under which the program operates.
            (2) A description of the type of entity with which 
        U.S. Customs and Border Protection entered into the 
        agreement and the amount that entity reimbursed U.S. 
        Customs and Border Protection under the agreement.
            (3) An identification of the type of port of entry 
        to which the agreement relates and an assessment of how 
        the agreement provides economic benefits and security 
        benefits (if applicable) at the port of entry.
            (4) A description of the services provided by U.S. 
        Customs and Border Protection under the agreement 
        during the year preceding the submission of the report.
            (5) The amount of fees collected under the 
        agreement during that year.
            (6) The total operating expenses of the program 
        during that year.
            (7) A detailed accounting of how the fees collected 
        under the agreement have been spent during that year.
            (8) A summary of any complaints or criticism 
        received by U.S. Customs and Border Protection during 
        that year regarding the agreement.
            (9) An assessment of the compliance of the entity 
        described in paragraph (2) with the terms of the 
        agreement.
            (10) Recommendations with respect to how activities 
        conducted pursuant to the agreement could function more 
        effectively or better produce economic benefits and 
        security benefits (if applicable).
            (11) A summary of the benefits to and challenges 
        faced by U.S. Customs and Border Protection and the 
        entity described in paragraph (2) under the agreement.
            (12) If the entity described in paragraph (2) is an 
        operator of an airport--
                    (A) a detailed account of the revenue 
                collected by U.S. Customs and Border Protection 
                at the airport from--
                            (i) fees collected under the 
                        agreement; and
                            (ii) fees collected from sources 
                        other than under the agreement, 
                        including fees paid by passengers and 
                        air carriers; and
                    (B) an assessment of the revenue described 
                in subparagraph (A) compared with the operating 
                costs of U.S. Customs and Border Protection at 
                the airport.
    (b) Program Specified.--A program specified in this 
subsection is--
            (1) the program for entering into reimbursable fee 
        agreements for the provision of U.S. Customs and Border 
        Protection services established by section 560 of the 
        Department of Homeland Security Appropriations Act, 
        2013 (division D of Public Law 113-6; 127 Stat. 378);
            (2) the pilot program authorizing U.S. Customs and 
        Border Protection to enter into partnerships with 
        private sector and government entities at ports of 
        entry established by section 559 of the Department of 
        Homeland Security Appropriations Act, 2014 (division F 
        of Public Law 113-76; 6 U.S.C. 211 note);
            (3) the program under which U.S. Customs and Border 
        Protection collects a fee for the use of customs 
        services at designated facilities under section 236 of 
        the Trade and Tariff Act of 1984 (19 U.S.C. 58b); or
            (4) the program established by subtitle B of title 
        VIII of this Act authorizing U.S. Customs and Border 
        Protection to establish preclearance operations in 
        foreign countries.

SEC. 908. CHARTER FLIGHTS.

    Section 13031(e)(1) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) is amended--
            (1) by striking ``(1) Notwithstanding section 451 
        of the Tariff Act of 1930 (19 U.S.C. 1451) or any other 
        provision of law (other than paragraph (2))'' and 
        inserting the following:
    ``(1)(A) Notwithstanding section 451 of the Tariff Act of 
1930 (19 U.S.C. 1451) or any other provision of law (other than 
subparagraph (B) and paragraph (2))''; and
            (2) by adding at the end the following:
    ``(B)(i) An appropriate officer of U.S. Customs and Border 
Protection may assign a sufficient number of employees of U.S. 
Customs and Border Protection (if available) to perform 
services described in clause (ii) for a charter air carrier (as 
defined in section 40102 of title 49, United States Code) for a 
charter flight arriving after normal operating hours at an 
airport that is an established port of entry serviced by U.S. 
Customs and Border Protection, notwithstanding that overtime 
funds for those services are not available, if the charter air 
carrier--
            ``(I) not later than 4 hours before the flight 
        arrives, specifically requests that such services be 
        provided; and
            ``(II) pays any overtime fees incurred in 
        connection with such services.
    ``(ii) Services described in this clause are customs 
services for passengers and their baggage or any other similar 
service that could lawfully be performed during regular hours 
of operation.''.

SEC. 909. UNITED STATES-ISRAEL TRADE AND COMMERCIAL ENHANCEMENT.

    (a) Findings.--Congress finds the following:
            (1) Israel is America's dependable, democratic ally 
        in the Middle East--an area of paramount strategic 
        importance to the United States.
            (2) The United States-Israel Free Trade Agreement 
        formed the modern foundation of the bilateral 
        commercial relationship between the two countries and 
        was the first such agreement signed by the United 
        States with a foreign country.
            (3) The United States-Israel Free Trade Agreement 
        has been instrumental in expanding commerce and the 
        strategic relationship between the United States and 
        Israel.
            (4) More than $45,000,000,000 in goods and services 
        is traded annually between the two countries, in 
        addition to roughly $10,000,000,000 in United States 
        foreign direct investment in Israel.
            (5) The United States continues to look for and 
        find new opportunities to enhance cooperation with 
        Israel, including through the enactment of the United 
        States-Israel Enhanced Security Cooperation Act of 2012 
        (Public Law 112-150; 22 U.S.C. 8601 et seq.) and the 
        United States-Israel Strategic Partnership Act of 2014 
        (Public Law 113-296; 128 Stat. 4075).
            (6) It has been the policy of the United States 
        Government to combat all elements of the Arab League 
        Boycott of Israel by--
                    (A) public statements of Administration 
                officials;
                    (B) enactment of relevant sections of the 
                Export Administration Act of 1979 (50 U.S.C. 
                4601 et seq.) (as continued in effect pursuant 
                to the International Emergency Economic Powers 
                Act (50 U.S.C. 1701 et seq.)), including 
                sections to ensure foreign persons comply with 
                applicable reporting requirements relating to 
                the Boycott;
                    (C) enactment of the Tax Reform Act of 1976 
                (Public Law 94-455; 90 Stat. 1520) that denies 
                certain tax benefits to entities abiding by the 
                Boycott;
                    (D) ensuring through free trade agreements 
                with Bahrain and Oman that such countries no 
                longer participate in the Boycott; and
                    (E) ensuring as a condition of membership 
                in the World Trade Organization that Saudi 
                Arabia no longer enforces the secondary or 
                tertiary elements of the Boycott.
    (b) Statements of Policy.--Congress--
            (1) supports the strengthening of economic 
        cooperation between the United States and Israel and 
        recognizes the tremendous strategic, economic, and 
        technological value of cooperation with Israel;
            (2) recognizes the benefit of cooperation with 
        Israel to United States companies, including by 
        improving American competitiveness in global markets;
            (3) recognizes the importance of trade and 
        commercial relations to the pursuit and sustainability 
        of peace, and supports efforts to bring together the 
        United States, Israel, the Palestinian territories, and 
        others in enhanced commerce;
            (4) opposes politically motivated actions that 
        penalize or otherwise limit commercial relations 
        specifically with Israel, such as boycotts of, 
        divestment from, or sanctions against Israel;
            (5) notes that boycotts of, divestment from, and 
        sanctions against Israel by governments, governmental 
        bodies, quasi-governmental bodies, international 
        organizations, and other such entities are contrary to 
        principle of nondiscrimination under the GATT 1994 (as 
        defined in section 2(1)(B) of the Uruguay Round 
        Agreements Act (19 U.S.C. 3501(1)(B)));
            (6) encourages the inclusion of politically 
        motivated actions that penalize or otherwise limit 
        commercial relations specifically with Israel such as 
        boycotts of, divestment from, or sanctions against 
        Israel as a topic of discussion at the U.S.-Israel 
        Joint Economic Development Group (JEDG) to support the 
        strengthening of the United States-Israel commercial 
        relationship and combat any commercial discrimination 
        against Israel; and
            (7) supports efforts to prevent investigations or 
        prosecutions by governments or international 
        organizations of United States persons solely on the 
        basis of such persons doing business with Israel, with 
        Israeli entities, or in any territory controlled by 
        Israel.
    (c) Principal Trade Negotiating Objectives of the United 
States.--
            (1) Commercial partnerships.--Among the principal 
        trade negotiating objectives of the United States for 
        proposed trade agreements with foreign countries 
        regarding commercial partnerships are the following:
                    (A) To discourage actions by potential 
                trading partners that directly or indirectly 
                prejudice or otherwise discourage commercial 
                activity solely between the United States and 
                Israel.
                    (B) To discourage politically motivated 
                boycotts of, divestment from, and sanctions 
                against Israel and to seek the elimination of 
                politically motivated nontariff barriers on 
                Israeli goods, services, or other commerce 
                imposed on Israel.
                    (C) To seek the elimination of state-
                sponsored unsanctioned foreign boycotts of 
                Israel, or compliance with the Arab League 
                Boycott of Israel, by prospective trading 
                partners.
            (2) Effective date.--This subsection takes effect 
        on the date of the enactment of this Act and applies 
        with respect to negotiations commenced before, on, or 
        after such date of enactment.
    (d) Report on Politically Motivated Acts of Boycott of, 
Divestment From, and Sanctions Against Israel.--
            (1) In general.--Not later than 180 days after the 
        date of the enactment of this Act, and annually 
        thereafter, the President shall submit to Congress a 
        report on politically motivated boycotts of, divestment 
        from, and sanctions against Israel.
            (2) Matters to be included.--The report required by 
        paragraph (1) shall include the following:
                    (A) A description of the establishment of 
                barriers to trade, including nontariff 
                barriers, investment, or commerce by foreign 
                countries or international organizations 
                against United States persons operating or 
                doing business in Israel, with Israeli 
                entities, or in Israeli-controlled territories.
                    (B) A description of specific steps being 
                taken by the United States to encourage foreign 
                countries and international organizations to 
                cease creating such barriers and to dismantle 
                measures already in place, and an assessment of 
                the effectiveness of such steps.
                    (C) A description of specific steps being 
                taken by the United States to prevent 
                investigations or prosecutions by governments 
                or international organizations of United States 
                persons solely on the basis of such persons 
                doing business with Israel, with Israeli 
                entities, or in Israeli-controlled territories.
                    (D) Decisions by foreign persons, including 
                corporate entities and state-affiliated 
                financial institutions, that limit or prohibit 
                economic relations with Israel or persons doing 
                business in Israel or in any territory 
                controlled by Israel.
    (e) Certain Foreign Judgments Against United States 
Persons.--Notwithstanding any other provision of law, no 
domestic court shall recognize or enforce any foreign judgment 
entered against a United States person that conducts business 
operations in Israel, or any territory controlled by Israel, if 
the domestic court determines that the foreign judgment is 
based, in whole or in part, on a determination by a foreign 
court that the United States person's conducting business 
operations in Israel or any territory controlled by Israel or 
with Israeli entities constitutes a violation of law.
    (f) Definitions.--In this section:
            (1) Boycott of, divestment from, and sanctions 
        against israel.--The term ``boycott of, divestment 
        from, and sanctions against Israel'' means actions by 
        states, nonmember states of the United Nations, 
        international organizations, or affiliated agencies of 
        international organizations that are politically 
        motivated and are intended to penalize or otherwise 
        limit commercial relations specifically with Israel or 
        persons doing business in Israel or in any territory 
        controlled by Israel.
            (2) Domestic court.--The term ``domestic court'' 
        means a Federal court of the United States, or a court 
        of any State or territory of the United States or of 
        the District of Columbia.
            (3) Foreign court.--The term ``foreign court'' 
        means a court, an administrative body, or other 
        tribunal of a foreign country.
            (4) Foreign judgment.--The term ``foreign 
        judgment'' means a final civil judgment rendered by a 
        foreign court.
            (5) Foreign person.--The term ``foreign person'' 
        means--
                    (A) an individual who is not a United 
                States person or an alien lawfully admitted for 
                permanent residence into the United States; or
                    (B) a corporation, partnership, or other 
                nongovernmental entity which is not a United 
                States person.
            (6) Person.--
                    (A) In general.--The term ``person'' 
                means--
                            (i) a natural person;
                            (ii) a corporation, business 
                        association, partnership, society, 
                        trust, financial institution, insurer, 
                        underwriter, guarantor, and any other 
                        business organization, any other 
                        nongovernmental entity, organization, 
                        or group, and any governmental entity 
                        operating as a business enterprise; and
                            (iii) any successor to any entity 
                        described in clause (ii).
                    (B) Application to governmental entities.--
                The term ``person'' does not include a 
                government or governmental entity that is not 
                operating as a business enterprise.
            (7) United states person.--The term ``United States 
        person'' means--
                    (A) a natural person who is a national of 
                the United States (as defined in section 
                101(a)(22) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(22))); or
                    (B) a corporation or other legal entity 
                that is organized under the laws of the United 
                States, any State or territory thereof, or the 
                District of Columbia, if natural persons 
                described in subparagraph (A) own, directly or 
                indirectly, more than 50 percent of the 
                outstanding capital stock or other beneficial 
                interest in such legal entity.

SEC. 910. ELIMINATION OF CONSUMPTIVE DEMAND EXCEPTION TO PROHIBITION ON 
                    IMPORTATION OF GOODS MADE WITH CONVICT LABOR, 
                    FORCED LABOR, OR INDENTURED LABOR; REPORT.

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

SEC. 911. VOLUNTARY RELIQUIDATIONS BY U.S. CUSTOMS AND BORDER 
                    PROTECTION.

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

SEC. 912. TARIFF CLASSIFICATION OF RECREATIONAL PERFORMANCE OUTERWEAR.

    (a) Repeal.--Section 601 of the Trade Preferences Extension 
Act of 2015 (Public Law 114-27; 129 Stat. 387) is repealed, and 
any provision of law amended by such section is restored as if 
such section had not been enacted into law.
    (b) Amendments to Additional U.S. Notes.--The additional 
U.S. notes to chapter 62 of the Harmonized Tariff Schedule of 
the United States are amended--
            (1) in additional U.S. note 2--
                    (A) by striking ``For the purposes of 
                subheadings'' and all that follows through 
                ``6211.20.15'' and inserting ``For the purposes 
                of subheadings 6201.92.17, 6201.92.35, 
                6201.93.47, 6201.93.60, 6202.92.05, 6202.92.30, 
                6202.93.07, 6202.93.48, 6203.41.01, 6203.41.25, 
                6203.43.03, 6203.43.11, 6203.43.55, 6203.43.75, 
                6204.61.05, 6204.61.60, 6204.63.02, 6204.63.09, 
                6204.63.55, 6204.63.75 and 6211.20.15'';
                    (B) by striking ``(see ASTM designations D 
                3600-81 and D 3781-79)'' and inserting ``(see 
                current version of ASTM D7017)''; and
                    (C) by striking ``in accordance with AATCC 
                Test Method 35-1985.'' and inserting ``in 
                accordance with the current version of AATCC 
                Test Method 35.''; and
            (2) by adding at the end the following new note:
    ``3. (a) When used in a subheading of this chapter or 
immediate superior text thereto, the term `recreational 
performance outerwear' means trousers (including, but not 
limited to, ski or snowboard pants, and ski or snowboard pants 
intended for sale as parts of ski-suits), coveralls, bib and 
brace overalls, jackets (including, but not limited to, full 
zip jackets, ski jackets and ski jackets intended for sale as 
parts of ski-suits), windbreakers and similar articles 
(including padded, sleeveless jackets), the foregoing of 
fabrics of cotton, wool, hemp, bamboo, silk or manmade fibers, 
or a combination of such fibers; that are either water 
resistant within the meaning of additional U.S. note 2 to this 
chapter or treated with plastics, or both; with critically 
sealed seams, and with 5 or more of the following features (as 
further provided herein):
            ``(i) insulation for cold weather protection;
            ``(ii) pockets, at least one of which has a 
        zippered, hook and loop, or other type of closure;
            ``(iii) elastic, draw cord or other means of 
        tightening around the waist or leg hems, including 
        hidden leg sleeves with a means of tightening at the 
        ankle for trousers and tightening around the waist or 
        bottom hem for jackets;
            ``(iv) venting, not including grommet(s);
            ``(v) articulated elbows or knees;
            ``(vi) reinforcement in one of the following areas: 
        the elbows, shoulders, seat, knees, ankles or cuffs;
            ``(vii) weatherproof closure at the waist or front;
            ``(viii) multi-adjustable hood or adjustable 
        collar;
            ``(ix) adjustable powder skirt, inner protective 
        skirt or adjustable inner protective cuff at sleeve 
        hem;
            ``(x) construction at the arm gusset that utilizes 
        fabric, design or patterning to allow radial arm 
        movement; or
            ``(xi) odor control technology.
The term `recreational performance outerwear' does not include 
occupational outerwear.
    ``(b) For purposes of this note, the following terms have 
the following meanings:
            ``(i) The term `treated with plastics' refers to 
        textile fabrics impregnated, coated, covered or 
        laminated with plastics, as described in note 2 to 
        chapter 59.
            ``(ii) The term `sealed seams' means seams that 
        have been covered by means of taping, gluing, bonding, 
        cementing, fusing, welding or a similar process so that 
        air and water cannot pass through the seams when tested 
        in accordance with the current version of AATCC Test 
        Method 35.
            ``(iii) The term `critically sealed seams' means--
                    ``(A) for jackets, windbreakers and similar 
                articles (including padded, sleeveless 
                jackets), sealed seams that are sealed at the 
                front and back yokes, or at the shoulders, arm 
                holes, or both, where applicable; and
                    ``(B) for trousers, overalls and bib and 
                brace overalls and similar articles, sealed 
                seams that are sealed at the front (up to the 
                zipper or other means of closure) and back 
                rise.
            ``(iv) The term `insulation for cold weather 
        protection' means insulation that meets a minimum clo 
        value of 1.5 per ASTM F 2732.
            ``(v) The term `venting' refers to closeable or 
        permanent constructed openings in a garment (excluding 
        front, primary zipper closures and grommet(s)) to allow 
        increased expulsion of built-up heat during outdoor 
        activities. In a jacket, such openings are often 
        positioned on the underarm seam of a garment but may 
        also be placed along other seams in the front or back 
        of a garment. In trousers, such openings are often 
        positioned on the inner or outer leg seams of a garment 
        but may also be placed along other seams in the front 
        or back of a garment.
            ``(vi) The term `articulated elbows or knees' 
        refers to the construction of a sleeve (or pant leg) to 
        allow improved mobility at the elbow (or knee) through 
        the use of extra seams, darts, gussets or other means.
            ``(vii) The term `reinforcement' refers to the use 
        of a double layer of fabric or section(s) of fabric 
        that is abrasion-resistant or otherwise more durable 
        than the face fabric of the garment.
            ``(viii) The term `weatherproof closure' means a 
        closure (including, but not limited to, laminated or 
        coated zippers, storm flaps or other weatherproof 
        construction) that has been reinforced or engineered in 
        a manner to reduce the penetration or absorption of 
        moisture or air through an opening in the garment.
            ``(ix) The term `multi-adjustable hood or 
        adjustable collar' means, in the case of a hood, a hood 
        into which is incorporated two or more draw cords, 
        adjustment tabs or elastics, or, in the case of a 
        collar, a collar into which is incorporated at least 
        one draw cord, adjustment tab, elastic or similar 
        component, to allow volume adjustments around a helmet, 
        or the crown of the head, neck or face.
            ``(x) The terms `adjustable powder skirt' and 
        `inner protective skirt' refer to a partial lower inner 
        lining with means of tightening around the waist for 
        additional protection from the elements.
            ``(xi) The term `arm gusset' means construction at 
        the arm of a gusset that utilizes an extra fabric piece 
        in the underarm, usually diamond- or triangular-shaped, 
        designed or patterned to allow radial arm movement.
            ``(xii) The term `radial arm movement' refers to 
        unrestricted, 180-degree range of motion for the arm 
        while wearing performance outerwear.
            ``(xiii) The term `odor control technology' means 
        the incorporation into a fabric or garment of 
        materials, including, but not limited to, activated 
        carbon, silver, copper or any combination thereof, 
        capable of adsorbing, absorbing or reacting with human 
        odors, or effective in reducing the growth of odor-
        causing bacteria.
            ``(xiv) The term `occupational outerwear' means 
        outerwear garments, including uniforms, of a kind 
        principally used in the work place and specially 
        designed to provide protection from work place hazards 
        such as fire, electrical, abrasion or chemical hazards, 
        or impacts, cuts and punctures.
    ``(c) The importer of goods entered as `recreational 
performance outerwear' under a particular subheading of this 
chapter shall maintain records demonstrating that the entered 
goods meet the terms of this note, including such information 
as is necessary to demonstrate the presence of the specific 
features that render the goods eligible for classification as 
`recreational performance outerwear'.''.
    (c) Tariff Classifications.--Chapter 62 of the Harmonized 
Tariff Schedule of the United States is amended as follows:
            (1)(A) By striking subheadings 6201.91.10 through 
        6201.91.20 and inserting the following, with the 
        superior text to subheading 6201.91.03 having the same 
        degree of indentation as the article description for 
        subheading 6201.91.10 (as in effect on the day before 
        the effective date of this section):


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

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


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

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


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

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


``            ............  Recreational      ................  ..................  ...............
                             performance
                             outerwear:
 
              6201.99.05      Containing 70   Free              ..................  35%
                               percent or
                               more by
                               weight of
                               silk or silk
                               waste........
 
              6201.99.15      Other.........  4.2%              Free (AU,BH, CA,    35%
                                                                 CL, CO, E*, IL,
                                                                 JO, KR, MA, MX,
                                                                 OM, P, PA, PE,
                                                                 SG)
 
              ............  Other:            ................  ..................  ...............
 
              6201.99.50      Containing 70   Free              ..................  35%
                               percent or
                               more by
                               weight of
                               silk or silk
                               waste........
 
              6201.99.80      Other.........  4.2%              Free (AU, BH, 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, sleeveless    14%                    Free (AU, BH, CA, CL,     58.5%
                                           jackets............                          CO, IL, JO, KR, MA, MX,
                                                                                        P, PA, PE, SG) 4.2%
                                                                                        (OM)
 
                    6202.91.15            Other...............  36 cents/kg + 16.3%    Free (AU, BH, CA, CL,     46.3 cents/kg +58.5%
                                                                                        CO, IL, JO, KR, MA, MX,
                                                                                        P, PA, PE, SG)
                                                                                        10.8 cents/kg + 4.8%
                                                                                        (OM)...................
 
                    ..................  Other:                  .....................                            ..........................
 
                    6202.91.60            Padded, sleeveless    14%                    Free (AU, BH, CA, CL,     58.5%
                                           jackets............                          CO, IL, JO, KR, MA, MX,
                                                                                        P, PA, PE, SG)
                                                                                       4.2% (OM)    ...........
 
                    6202.91.90            Other...............  36 cents/kg + 16.3%    Free (AU, BH, CA, CL,     46.3 cents/kg + 58.5%           ''.
                                                                                        CO, IL, JO, KR, MA, MX,
                                                                                        P, PA, PE, SG) ........
                                                                                       10.8 cents/kg + 4.8%
                                                                                        (OM)      .............


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


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


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


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

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


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

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


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

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


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


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


``            ............  Recreational      ................  ..................  ...............
                             performance
                             outerwear:
 
              6203.43.01      Containing 15   Free              ..................  60%
                               percent or
                               more by
                               weight of
                               down and
                               waterfowl
                               plumage and
                               of which down
                               comprises 35
                               percent or
                               more by
                               weight;
                               containing 10
                               percent or
                               more by
                               weight of
                               down.........
 
              ............    Other:          ................  ..................  ...............
 
              ............     Bib and brace  ................  ..................  ...............
                                overalls:...
 
              6203.43.03        Water         7.1%              Free (AU,BH, CA,    65%
                                 resistant..                     CL, CO, IL, JO,
                                                                 KR, MA,MX,OM, P,
                                                                 PA,PE,SG)
 
              6203.43.05        Other.......  14.9%             Free (AU,BH, CA,    76%
                                                                 CL, CO, IL, JO,
                                                                 KR, MA, MX,OM, P,
                                                                 PA, PE,SG)
 
              ............     Other:         ................  ..................  ...............
 
              6203.43.09        Containing    49.6 cents/kg +   Free (AU,BH, CA,    52.9 cents/kg +
                                 36 percent    19.7%             CL, CO, IL, JO,     58.5%
                                 or more by                      KR, MA, MX,OM, P,
                                 weight of                       PA,PE,SG)
                                 wool or
                                 fine animal
                                 hair.......
 
              ............      Other:        ................  ..................  ...............
 
              6203.43.11         Water        7.1%              Free (AU,BH, CA,    65%
                                  resistant                      CL, CO, IL, JO,
                                  trousers                       MA, MX,OM, P,
                                  or                             PA,PE,SG)
                                  breeches..                    1.4% (KR)
 
              6203.43.13         Other......  27.9%             Free (AU,BH, CA,    90%
                                                                 CL, 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,    65%
                                 resistant..                     CL, CO, IL, JO,
                                                                 KR, MA, MX,OM, P,
                                                                 PA, PE,SG)
 
              6203.43.60        Other.......  14.9%             Free (AU,BH, CA,    76%
                                                                 CL, CO,IL,JO, KR,
                                                                 MA, MX,OM, P, PA,
                                                                 PE,SG)
 
              ............     Other:         ................  ..................  ...............
 
              6203.43.65        Certified     12.2%             Free (AU,BH, CA,    76%
                                 hand-loomed                     CL, CO, IL, JO,
                                 and                             KR, MA, MX,OM, P,
                                 folklore                        PA, PE,SG)
                                 products...
 
              ............      Other:        ................  ..................  ...............
 
              6203.43.70         Containing   49.6 cents/kg +   Free (AU,BH, CA,    52.9 cents/kg +
                                  36 percent   19.7%             CL, CO, IL, JO,     58.5%
                                  or more by                     KR, MA, MX,OM, P,
                                  weight of                      PA, PE,SG)
                                  wool or
                                  fine
                                  animal
                                  hair......
 
              ............       Other:       ................  ..................  ...............
 
              6203.43.75          Water       7.1%              Free (AU,BH, CA,    65%
                                   resistant                     CL, CO, IL, JO,
                                   trousers                      MA, MX,OM, P,
                                   or                            PA,PE,SG)
                                   breeches.                    1.4% (KR)
 
              6203.43.90          Other.....  27.9%             Free (AU,BH, CA,    90%                  ''.
                                                                 CL, 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,    76%
                                overalls....                     CL, CO, IL,JO,
                                                                 KR, MA, MX,OM, P,
                                                                 PA,PE, SG)
 
              6203.49.05       Trousers,      27.9%             Free (AU,BH, CA,    90%
                                breeches and                     CL, CO, IL,JO,
                                shorts......                     KR, MA, 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.......
 
              6203.49.09       Other........  2.8%              Free (AU,BH, CA,    35%
                                                                 CL, 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,    76%
                                overalls....                     CL, CO, IL,JO,
                                                                 KR, MA, MX,OM, P,
                                                                 PA,PE, SG)
 
              ............     Trousers,      ................  ..................  ...............
                                breeches and
                                shorts:
 
              6203.49.35        Certified     12.2%             Free (AU,BH, CA,    76%
                                 hand-loomed                     CL, CO, IL,JO,
                                 and                             KR, MA, MX,OM,
                                 folklore                        P,PA,PE, SG)
                                 products...
 
              6203.49.50        Other.......  27.9%             Free (AU,BH, CA,    90%
                                                                 CL, 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,    35%                  ''.
                                                                 CL, CO, E*, IL,
                                                                 JO,MA, MX,OM,
                                                                 P,PA,PE, SG)
                                                                0.5% (KR)

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


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

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


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

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


``            ............  Recreational      ................  ..................  ...............
                             performance
                             outerwear:
 
              6204.63.01      Containing 15   Free              ..................  60%
                               percent or
                               more by
                               weight of
                               down and
                               waterfowl
                               plumage and
                               of which down
                               comprises 35
                               percent or
                               more by
                               weight;
                               containing 10
                               percent or
                               more by
                               weight of
                               down.........
 
              ............    Other:          ................  ..................  ...............
 
              ............     Bib and brace  ................  ..................  ...............
                                overalls:
 
              6204.63.02        Water         7.1%              Free (AU, BH, CA,   65%
                                 resistant..                     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    13.6%             Free (AU, BH, CA,   58.5%
                                 36 percent                      CL, CO,IL, JO,KR,
                                 or more by                      MA, MX, OM, P,
                                 weight of                       PA,PE, SG)
                                 wool or
                                 fine animal
                                 hair.......
 
              ............      Other:        ................  ..................  ...............
 
              6204.63.09         Water        7.1%              Free (AU, BH, CA,   65%
                                  resistant                      CL, CO,IL, JO,KR,
                                  trousers                       MA,MX,OM,P,
                                  or                             PA,PE, SG)
                                  breeches..
 
              6204.63.11         Other......  28.6%             Free (AU,BH,CA,     90%
                                                                 CL,CO, IL,JO,
                                                                 MA,MX,OM,P,
                                                                 PA,PE, SG)
                                                                5.7% (KR)
 
              ............  Other:            ................  ..................  ...............
 
              6204.63.50      Containing 15   Free              ..................  60%
                               percent or
                               more by
                               weight of
                               down and
                               waterfowl
                               plumage and
                               of which down
                               comprises 35
                               percent or
                               more by
                               weight;
                               containing 10
                               percent or
                               more by
                               weight of
                               down.........
 
              ............    Other:          ................  ..................  ...............
 
              ............     Bib and brace  ................  ..................  ...............
                                overalls:
 
              6204.63.55        Water         7.1%              Free (AU, BH, CA,   65%
                                 resistant..                     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      11.3%             Free (AU, BH, CA,   76%
                                hand-loomed                      CL, CO, E, IL,
                                and folklore                     JO,KR,
                                products....                     MA,MX,OM,P,
                                                                 PA,PE, SG)
 
              ............     Other:         ................  ..................  ...............
 
              6204.63.70        Containing    13.6%             Free (AU, BH, CA,   58.5%
                                 36 percent                      CL, CO,IL, JO,KR,
                                 or more by                      MA,MX, OM,P,
                                 weight of                       PA,PE, SG)
                                 wool or
                                 fine animal
                                 hair.......
 
              ............      Other:        ................  ..................  ...............
 
              6204.63.75         Water        7.1%              Free (AU, BH, CA,   65%
                                  resistant                      CL, CO,IL, JO,KR,
                                  trousers                       MA,MX, OM,P,
                                  or                             PA,PE, SG)
                                  breeches..
 
              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) The staged reductions in the special rate of 
        duty proclaimed for subheading 6204.63.35 of the 
        Harmonized Tariff Schedule of the United States before 
        the effective date of this section shall apply to 
        subheadings 6204.63.11 and 6204.63.90 of such Schedule, 
        as added by subparagraph (A), on and after such 
        effective date.
            (16) By striking subheadings 6204.69.10 through 
        6204.69.90 and the immediate superior text to 
        subheading 6204.69.10, and inserting the following, 
        with the first superior text having the same degree of 
        indentation as the article description of subheading 
        6204.69.10 (as in effect on the day before the date of 
        enactment of this Act):


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

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


``            ............  Recreational      ................  ..................  ...............
                             performance
                             outerwear:
 
              ............    Of man-made     ................  ..................  ...............
                               fibers:
 
              6210.40.15       Having an      3.8%              Free (AU, BH, CA,   65%
                                outer                            CL, CO,IL, JO,KR,
                                surface                          MA,MX, OM,P,
                                impregnated,                     PA,PE, SG)
                                coated,
                                covered 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      3.3%              Free (AU, BH, CA,   37.5%
                                outer                            CL, CO, E, IL,
                                surface                          JO, KR, MA, MX,
                                impregnated,                     OM, P, PA, PE,
                                coated,                          SG)
                                covered or
                                laminated
                                with rubber
                                or plastics
                                material
                                which
                                completely
                                obscures the
                                underlying
                                fabric......
 
              6210.40.29       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      3.8%              Free (AU, BH, CA,   65%
                                outer                            CL, CO, IL, JO,
                                surface                          KR, MA, MX, OM,
                                impregnated,                     P, PA, PE, SG)
                                coated,
                                covered 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)
 
              ............    Other:          ................  ..................  ...............
 
              6210.40.75       Having an      3.3%              Free (AU, BH, CA,   37.5%
                                outer                            CL, CO, E, IL,
                                surface                          JO, KR, MA, MX,
                                impregnated,                     OM, P, PA, PE,
                                coated,                          SG)
                                covered or
                                laminated
                                with rubber
                                or plastics
                                material
                                which
                                completely
                                obscures the
                                underlying
                                fabric......
 
              6210.40.80       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      3.8%              Free (AU, BH, CA,   65%
                                outer                            CL, CO, IL, JO,
                                surface                          KR, MA, MX, OM,P,
                                impregnated,                     PA, PE, SG)
                                coated,
                                covered 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:          ................  ..................  ...............
 
              6210.50.12       Having an      3.3%              Free (AU, BH, CA,   37.5%
                                outer                            CL, CO, E, IL,
                                surface                          JO, KR, MA, MX,
                                impregnated,                     OM, P, PA,PE, SG)
                                coated,
                                covered 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      3.8%              Free (AU, BH, CA,   65%
                                outer                            CL, CO, IL, JO,
                                surface                          KR, MA, MX, OM,P,
                                impregnated,                     PA, PE, SG)
                                coated,
                                covered 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      3.3%              Free (AU, BH, CA,   37.5%
                                outer                            CL, CO, E, IL,
                                surface                          JO, KR, MA, MX,
                                impregnated,                     OM, P, PA, PE,
                                coated,                          SG)
                                covered or
                                laminated
                                with rubber
                                or plastics
                                material
                                which
                                completely
                                obscures the
                                underlying
                                fabric......
 
              6210.50.80       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) The staged reductions in the special rate of 
        duty proclaimed for subheading 6211.33.00 of the 
        Harmonized Tariff Schedule of the United States before 
        the effective date of this section shall apply to 
        subheadings 6211.33.50 and 6211.33.90 of such Schedule, 
        as added by subparagraph (A), on and after such 
        effective date.
            (21)(A) By striking subheadings 6211.39.05 through 
        6211.39.90 and inserting the following, with the first 
        superior text having the same degree of indentation as 
        the article description for subheading 6211.39.05 (as 
        in effect on the day before the effective date of this 
        section):


``            ............  Recreational      ................  ..................  ...............
                             performance
                             outerwear:
 
              6211.39.03      Of wool or      12%               Free (AU, BH, CA,   58.5%
                               fine animal                       CL, CO, IL, JO,
                               hair.........                     KR, MA, MX, P,
                                                                 PA, PE, SG)
                                                                3.6% (OM)
 
              6211.39.07      Containing 70   0.5%              Free (AU, BH, CA,   35%
                               percent or                        CL, CO, E, IL,
                               more by                           JO, KR, MA, MX,
                               weight of                         OM, P, PA, PE,
                               silk or silk                      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      12%               Free (AU, BH, CA,   58.5%
                               fine animal                       CL, CO, IL, JO,
                               hair.........                     KR, MA, MX, P,
                                                                 PA, PE, SG)
                                                                3.6% (OM)
 
              6211.39.60      Containing 70   0.5%              Free (AU, BH, CA,   35%
                               percent or                        CL, CO, E, IL,
                               more by                           JO, KR, MA, MX,
                               weight of                         OM, P, PA, PE,
                               silk or silk                      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) The staged reductions in the special rate of 
        duty proclaimed for subheading 6211.39.05 of the 
        Harmonized Tariff Schedule of the United States before 
        the effective date of this section shall apply to 
        subheadings 6211.39.03 and 6211.39.30 of such Schedule, 
        as added by subparagraph (A), on and after such 
        effective date.
            (22) By striking subheading 6211.42.00 and 
        inserting the following, with the article description 
        for subheading 6211.42 having the same degree of 
        indentation as the article description for subheading 
        6211.42.00 (as in effect on the day before the 
        effective date of this section):


``            6211.42       Of cotton:        ................  ..................  ...............
 
              6211.42.05      Recreational    8.1%              Free (AU, BH, 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) The staged reductions in the special rate of 
        duty proclaimed for subheading 6211.43.00 of the 
        Harmonized Tariff Schedule of the United States before 
        the effective date of this section shall apply to 
        subheadings 6211.43.05 and 6211.43.10 of such Schedule, 
        as added by subparagraph (A), on and after such 
        effective date.
            (24)(A) By striking subheadings 6211.49.10 through 
        6211.49.90 and inserting the following, with the first 
        superior text having the same degree of indentation as 
        the article description for subheading 6211.49.90 (as 
        in effect on the day before the effective date of this 
        section):


``            ............  Recreational      ................  ..................  ...............
                             performance
                             outerwear:
 
              6211.49.03      Containing 70   1.2%              Free (AU, BH, CA,   35%
                               percent or                        CL, CO, E, IL,
                               more by                           JO, KR, MA, MX,
                               weight of                         OM, P, PA,PE, SG)
                               silk or silk
                               waste........
 
              6211.49.15      Of wool or      12%               Free (AU, BH, CA,   58.5%
                               fine animal                       CL, CO, IL, JO,
                               hair.........                     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                        CL, CO, E, IL,
                               more by                           JO, KR, MA, MX,
                               weight of                         OM, P, PA, PE,
                               silk or silk                      SG)
                               waste........
 
              6211.49.60      Of wool or      12%               Free (AU, BH, CA,   58.5%
                               fine animal                       CL, CO, IL, JO,
                               hair.........                     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) shall apply to articles entered, or 
                withdrawn from warehouse for consumption, on or 
                after such 180th day.
            (2) Subsection (a).--Subsection (a) shall take 
        effect on the date of the enactment of this Act.

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

    (a) In General.--Chapter 64 of the Harmonized Tariff 
Schedule of the United States is amended--
            (1) by redesignating the Additional U.S. Note added 
        by section 602(a) of the Trade Preferences Extension 
        Act of 2015 (Public Law 114-27; 129 Stat. 413) as 
        Additional U.S. Note 6;
            (2) in subheading 6402.91.42, by striking the 
        matter in the column 1 special rate of duty column and 
        inserting the following: ``Free 
        (AU,BH,CA,CL,D,IL,JO,MA,MX,P,R,SG) 1%(PA) 6%(OM) 6%(PE) 
        12%(CO) 20%(KR)''; and
            (3) in subheading 6402.99.32, by striking the 
        matter in the column 1 special rate of duty column and 
        inserting the following: ``Free 
        (AU,BH,CA,CL,D,IL,JO,MA,MX,P,R,SG) 1%(PA) 6%(OM) 6%(PE) 
        12%(CO) 20%(KR)''.
    (b) Staged Rate Reductions.--Section 602(c) of the Trade 
Preferences Extension Act of 2015 (Public Law 114-27; 129 Stat. 
414) is amended to read as follows:
    ``(c) Staged Rate Reductions.--Beginning in calendar year 
2016, the staged reductions in special rates of duty proclaimed 
before the date of the enactment of this Act--
            ``(1) for subheading 6402.91.90 of the Harmonized 
        Tariff Schedule of the United States shall be applied 
        to subheading 6402.91.42 of such Schedule, as added by 
        subsection (b)(1); and
            ``(2) for subheading 6402.99.90 of such Schedule 
        shall be applied to subheading 6402.99.32 of such 
        Schedule, as added by subsection (b)(2).''.
    (c) Effective Date.--
            (1) In general.--The amendments made by this 
        section shall take effect as if included in the 
        enactment of the Trade Preferences Extension Act of 
        2015 (Public Law 114-27; 129 Stat. 362).
            (2) Retroactive application for certain 
        liquidations and reliquidations.--
                    (A) In general.--Notwithstanding section 
                514 of the Tariff Act of 1930 (19 U.S.C. 1514) 
                or any other provision of law and subject to 
                subparagraph (B), any entry of an article 
                classified under subheading 6402.91.42 or 
                6402.99.32 of the Harmonized Tariff Schedule of 
                the United States, that--
                            (i) was made--
                                    (I) after the effective 
                                date specified in section 
                                602(d) of the Trade Preferences 
                                Extension Act of 2015 (Public 
                                Law 114-27; 129 Stat. 414), and
                                    (II) before the date of the 
                                enactment of this Act, and
                            (ii) to which a lower rate of duty 
                        would be applicable if the entry were 
                        made after such date of enactment,
                shall be liquidated or reliquidated as though 
                such entry occurred on such date of enactment.
                    (B) Requests.--A liquidation or 
                reliquidation may be made under subparagraph 
                (A) with respect to an entry only if a request 
                therefor is filed with U.S. Customs and Border 
                Protection not later than 180 days after the 
                date of the enactment of this Act that contains 
                sufficient information to enable U.S. Customs 
                and Border Protection--
                            (i) to locate the entry; or
                            (ii) to reconstruct the entry if it 
                        cannot be located.
                    (C) Payment of amounts owed.--Any amounts 
                owed by the United States pursuant to the 
                liquidation or reliquidation of an entry of an 
                article under subparagraph (A) shall be paid, 
                without interest, not later than 90 days after 
                the date of the liquidation or reliquidation 
                (as the case may be).

SEC. 914. AMENDMENTS TO BIPARTISAN CONGRESSIONAL TRADE PRIORITIES AND 
                    ACCOUNTABILITY ACT OF 2015.

    (a) Immigration Laws of the United States.--Section 102(a) 
of the Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015 (Public Law 114-26; 19 U.S.C. 
4201(a)) is amended--
            (1) in paragraph (12), by striking ``and'' at the 
        end;
            (2) in paragraph (13), by striking the period at 
        the end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(14) to ensure that trade agreements do not 
        require changes to the immigration laws of the United 
        States or obligate the United States to grant access or 
        expand access to visas issued under section 101(a)(15) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)).''.
    (b) Greenhouse Gas Emissions Measures.--Section 102(a) of 
the Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015 (Public Law 114-26; 19 U.S.C. 
4201(a)), as amended by subsection (a) of this section, is 
further amended--
            (1) in paragraph (13), by striking ``and'' at the 
        end;
            (2) in paragraph (14), by striking the period at 
        the end and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(15) to ensure that trade agreements do not 
        establish obligations for the United States regarding 
        greenhouse gas emissions measures, including 
        obligations that require changes to United States laws 
        or regulations or that would affect the implementation 
        of such laws or regulations, other than those 
        fulfilling the other negotiating objectives in this 
        section.''.
    (c) Fisheries Negotiations.--Section 102(b) of the 
Bipartisan Congressional Trade Priorities and Accountability 
Act of 2015 (Public Law 114-26; 19 U.S.C. 4201(b)) is amended 
by adding at the end the following:
            ``(22) Fisheries negotiations.--The principal 
        negotiating objectives of the United States with 
        respect to trade in fish, seafood, and shellfish 
        products are--
                    ``(A) to obtain competitive opportunities 
                for United States exports of fish, seafood, and 
                shellfish products in foreign markets 
                substantially equivalent to the competitive 
                opportunities afforded foreign exports of fish, 
                seafood, and shellfish products in United 
                States markets and to achieve fairer and more 
                open conditions of trade in fish, seafood, and 
                shellfish products, including by reducing or 
                eliminating tariff and nontariff barriers;
                    ``(B) to eliminate fisheries subsidies that 
                distort trade, including subsidies of the type 
                referred to in paragraph 9 of Annex D to the 
                Ministerial Declaration adopted by the World 
                Trade Organization at the Sixth Ministerial 
                Conference at Hong Kong, China on December 18, 
                2005;
                    ``(C) to pursue transparency in fisheries 
                subsidies programs; and
                    ``(D) to address illegal, unreported, and 
                unregulated fishing.''.
    (d) Accreditation.--Section 104 of the Bipartisan 
Congressional Trade Priorities and Accountability Act of 2015 
(Public Law 114-26; 19 U.S.C. 4203) is amended--
            (1) in subsection (b)(3), by striking ``an 
        official'' and inserting ``a delegate and official''; 
        and
            (2) in subsection (c)(2)(C)--
                    (A) by striking ``an official'' each place 
                it appears and inserting ``a delegate and 
                official''; and
                    (B) by inserting after the first sentence 
                the following: ``In addition, the chairmen and 
                ranking members described in subparagraphs 
                (A)(i) and (B)(i) shall each be permitted to 
                designate up to 3 personnel with proper 
                security clearances to serve as delegates and 
                official advisers to the United States 
                delegation in negotiations for any trade 
                agreement to which this title applies.''.
    (e) Trafficking in Persons.--
            (1) In general.--Section 106(b)(6) of the 
        Bipartisan Congressional Trade Priorities and 
        Accountability Act of 2015 (Public Law 114-26; 19 
        U.S.C. 4205(b)(6)) is amended by striking subparagraph 
        (B) and inserting the following:
                    ``(B) Exception.--
                            ``(i) Invoking exception.--If the 
                        President submits to the appropriate 
                        congressional committees a letter 
                        stating that a country to which 
                        subparagraph (A) applies has taken 
                        concrete actions to implement the 
                        principal recommendations with respect 
                        to that country in the most recent 
                        annual report on trafficking in 
                        persons, the prohibition under 
                        subparagraph (A) shall not apply with 
                        respect to a trade agreement or trade 
                        agreements with that country.
                            ``(ii) Content of letter; public 
                        availability.--A letter submitted under 
                        clause (i) with respect to a country 
                        shall--
                                    ``(I) include a description 
                                of the concrete actions that 
                                the country has taken to 
                                implement the principal 
                                recommendations described in 
                                clause (i);
                                    ``(II) be accompanied by 
                                supporting documentation 
                                providing credible evidence of 
                                each such concrete action, 
                                including copies of relevant 
                                laws or regulations adopted or 
                                modified, and any enforcement 
                                actions taken, by that country, 
                                where appropriate; and
                                    ``(III) be made available 
                                to the public.
                    ``(C) Special rule for changes in certain 
                determinations.--If a country is listed as a 
                tier 3 country in an annual report on 
                trafficking in persons submitted in calendar 
                year 2014 or any calendar year thereafter and, 
                in the annual report on trafficking in persons 
                submitted in the next calendar year, is listed 
                on the tier 2 watch list, the President shall 
                submit a detailed description of the credible 
                evidence supporting the change in listing of 
                the country, accompanied by copies of documents 
                providing such evidence, where appropriate, to 
                the appropriate congressional committees--
                            ``(i) in the case of a change in 
                        listing reflected in the annual report 
                        on trafficking in persons submitted in 
                        calendar year 2015, not later than 90 
                        days after the date of the enactment of 
                        the Trade Facilitation and Trade 
                        Enforcement Act of 2015; and
                            ``(ii) in the case of a change in 
                        listing reflected in an annual report 
                        on trafficking in persons submitted in 
                        calendar year 2016 or any calendar year 
                        thereafter, not later than 90 days 
                        after the submission of that report.
                    ``(D) Sense of congress.--It is the sense 
                of Congress that the integrity of the process 
                for making the determinations in the annual 
                report on trafficking in persons, including 
                determinations with respect to country rankings 
                and the substance of the assessments in the 
                report, should be respected and not affected by 
                unrelated considerations.
                    ``(E) Definitions.--In this paragraph:
                            ``(i) Annual report on trafficking 
                        in persons.--The term `annual report on 
                        trafficking in persons' means the 
                        annual report on trafficking in persons 
                        required under section 110(b)(1) of the 
                        Trafficking Victims Protection Act of 
                        2000 (22 U.S.C. 7107(b)(1)).
                            ``(ii) Appropriate congressional 
                        committees.--The term `appropriate 
                        congressional committees' means--
                                    ``(I) the Committee on Ways 
                                and Means and the Committee on 
                                Foreign Affairs of the House of 
                                Representatives; and
                                    ``(II) the Committee on 
                                Finance and the Committee on 
                                Foreign Relations of the 
                                Senate.
                            ``(iii) Tier 2 watch list.--The 
                        term `tier 2 watch list' means the list 
                        of countries required under section 
                        110(b)(2)(A)(iii) of the Trafficking 
                        Victims Protection Act of 2000 (22 
                        U.S.C. 7107(b)(2)(A)(iii)).
                            ``(iv) Tier 3 country.--The term 
                        `tier 3 country' means a country on the 
                        list of countries required under 
                        section 110(b)(1)(C) of the Trafficking 
                        Victims Protection Act of 2000 (22 
                        U.S.C. 7107(b)(1)(C)).''.
            (2) Conforming amendment.--Section 106(b)(6)(A) of 
        the Bipartisan Congressional Trade Priorities and 
        Accountability Act of 2015 (Public Law 114-26; 19 
        U.S.C. 4205(b)(6)(A)) is amended by striking ``to which 
        the minimum'' and all that follows through 
        ``7107(b)(1))'' and inserting ``listed as a tier 3 
        country in the most recent annual report on trafficking 
        in persons''.
    (f) Technical Amendments.--The Bipartisan Congressional 
Trade Priorities and Accountability Act of 2015 is amended--
            (1) in section 105(b)(3) (Public Law 114-26; 129 
        Stat. 346; 19 U.S.C. 4204(b)(3))--
                    (A) in subparagraph (A)(ii), by striking 
                ``section 102(b)(16)'' and inserting ``section 
                102(b)(17)''; and
                    (B) in subparagraph (B)(ii), by striking 
                ``section 102(b)(16)'' and inserting ``section 
                102(b)(17)''; and
            (2) in section 106(b)(5) (Public Law 114-26; 129 
        Stat. 354; 19 U.S.C. 4205(b)(5)), by striking ``section 
        102(b)(15)(C)'' and inserting ``section 
        102(b)(16)(C)''.
    (g) Effective Date.--The amendments made by this section 
shall take effect as if included in the enactment of the 
Bipartisan Congressional Trade Priorities and Accountability 
Act of 2015 (Public Law 114-26; 129 Stat. 320; 19 U.S.C. 4201 
et seq.).

SEC. 915. TRADE PREFERENCES FOR NEPAL.

    (a) Findings.--Congress makes the following findings:
            (1) Nepal is among the least developed countries in 
        the world, with a per capita gross national income of 
        $730 in 2014.
            (2) Nepal suffered a devastating earthquake in 
        April 2015, with subsequent aftershocks. More than 
        9,000 people died and approximately 23,000 people were 
        injured.
    (b) Eligibility Requirements.--
            (1) In general.--The President may authorize the 
        provision of preferential treatment under this section 
        to articles that are imported directly from Nepal into 
        the customs territory of the United States pursuant to 
        subsection (c) if the President determines--
                    (A) that Nepal meets the requirements set 
                forth in paragraphs (1), (2), and (3) of 
                section 104(a) of the African Growth and 
                Opportunity Act (19 U.S.C. 3703(a)); and
                    (B) after taking into account the factors 
                set forth in paragraphs (1) through (7) of 
                subsection (c) of section 502 of the Trade Act 
                of 1974 (19 U.S.C. 2462), that Nepal meets the 
                eligibility requirements of such section 502.
            (2) Withdrawal, suspension, or limitation of 
        preferential treatment; mandatory graduation.--The 
        provisions of subsections (d) and (e) of section 502 of 
        the Trade Act of 1974 (19 U.S.C. 2462) shall apply with 
        respect to Nepal to the same extent and in the same 
        manner as such provisions apply with respect to 
        beneficiary developing countries under title V of that 
        Act (19 U.S.C. 2461 et seq.).
    (c) Eligible Articles.--
            (1) In general.--An article described in paragraph 
        (2) may enter the customs territory of the United 
        States free of duty.
            (2) Articles described.--
                    (A) In general.--An article is described in 
                this paragraph if--
                            (i)(I) the article is the growth, 
                        product, or manufacture of Nepal; and
                            (II) in the case of a textile or 
                        apparel article, Nepal is the country 
                        of origin of the article, as determined 
                        under section 102.21 of title 19, Code 
                        of Federal Regulations (as in effect on 
                        the day before the date of the 
                        enactment of this Act);
                            (ii) the article is imported 
                        directly from Nepal into the customs 
                        territory of the United States;
                            (iii) the article is classified 
                        under any of the following subheadings 
                        of the Harmonized Tariff Schedule of 
                        the United States (as in effect on the 
                        day before the date of the enactment of 
                        this Act):


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

                            (iv) the President determines, 
                        after receiving the advice of the 
                        United States International Trade 
                        Commission in accordance with section 
                        503(e) of the Trade Act of 1974 (19 
                        U.S.C. 2463(e)), that the article is 
                        not import-sensitive in the context of 
                        imports from Nepal; and
                            (v) subject to subparagraph (C), 
                        the sum of the cost or value of the 
                        materials produced in, and the direct 
                        costs of processing operations 
                        performed in, Nepal or the customs 
                        territory of the United States is not 
                        less than 35 percent of the appraised 
                        value of the article at the time it is 
                        entered.
                    (B) Exclusions.--An article shall not be 
                treated as the growth, product, or manufacture 
                of Nepal for purposes of subparagraph (A)(i)(I) 
                by virtue of having merely undergone--
                            (i) simple combining or packaging 
                        operations; or
                            (ii) mere dilution with water or 
                        mere dilution with another substance 
                        that does not materially alter the 
                        characteristics of the article.
                    (C) Limitation on united states cost.--For 
                purposes of subparagraph (A)(v), the cost or 
                value of materials produced in, and the direct 
                costs of processing operations performed in, 
                the customs territory of the United States and 
                attributed to the 35-percent requirement under 
                that subparagraph may not exceed 15 percent of 
                the appraised value of the article at the time 
                it is entered.
            (3) Verification with respect to transshipment for 
        textile and apparel articles.--
                    (A) In general.--Not later than January 1, 
                April 1, July 1, and October 1 of each calendar 
                year, the Commissioner shall verify that 
                textile and apparel articles imported from 
                Nepal to which preferential treatment is 
                extended under this section are not being 
                unlawfully transshipped into the United States.
                    (B) Report to president.--If the 
                Commissioner determines under subparagraph (A) 
                that textile and apparel articles imported from 
                Nepal to which preferential treatment is 
                extended under this section are being 
                unlawfully transshipped into the United States, 
                the Commissioner shall report that 
                determination to the President.
    (d) Trade Facilitation and Capacity Building.--
            (1) Findings.--Congress makes the following 
        findings:
                    (A) As a land-locked least-developed 
                country, Nepal has severe challenges reaching 
                markets and developing capacity to export 
                goods. As of 2015, exports from Nepal are 
                approximately $800,000,000 per year, with India 
                the major market at $450,000,000 annually. The 
                United States imports about $80,000,000 worth 
                of goods from Nepal, or 10 percent of the total 
                goods exported from Nepal.
                    (B) The World Bank has found evidence that 
                the overall export competitiveness of Nepal has 
                been declining since 2005. Indices compiled by 
                the World Bank and the Organization for 
                Economic Co-operation and Development found 
                that export costs in Nepal are high with 
                respect to both air cargo and container 
                shipments relative to other low-income 
                countries. Such indices also identify 
                particular weaknesses in Nepal with respect to 
                automation of customs and other trade 
                functions, involvement of local exporters and 
                importers in preparing regulations and trade 
                rules, and export finance.
                    (C) Implementation by Nepal of the 
                Agreement on Trade Facilitation of the World 
                Trade Organization could directly address some 
                of the weaknesses described in subparagraph 
                (B).
            (2) Establishment of trade facilitation and 
        capacity building program.--Not later than 180 days 
        after the date of the enactment of this Act, the 
        President shall, in consultation with the Government of 
        Nepal, establish a trade facilitation and capacity 
        building program for Nepal--
                    (A) to enhance the central export promotion 
                agency of Nepal to support successful exporters 
                and to build awareness among potential 
                exporters in Nepal about opportunities abroad 
                and ways to manage trade documentation and 
                regulations in the United States and other 
                countries;
                    (B) to provide export finance training for 
                financial institutions in Nepal and the 
                Government of Nepal;
                    (C) to assist the Government of Nepal in 
                maintaining publication on the Internet of all 
                trade regulations, forms for exporters and 
                importers, tax and tariff rates, and other 
                documentation relating to exporting goods and 
                developing a robust public-private dialogue, 
                through its National Trade Facilitation 
                Committee, for Nepal to identify timelines for 
                implementation of key reforms and solutions, as 
                provided for under the Agreement on Trade 
                Facilitation of the World Trade Organization; 
                and
                    (D) to increase access to guides for 
                importers and exporters, through publication of 
                such guides on the Internet, including rules 
                and documentation for United States tariff 
                preference programs.
    (e) Reporting Requirement.--Not later than one year after 
the date of the enactment of this Act, and annually thereafter, 
the President shall monitor, review, and report to Congress on 
the implementation of this section, the compliance of Nepal 
with subsection (b)(1), and the trade and investment policy of 
the United States with respect to Nepal.
    (f) Termination of Preferential Treatment.--No preferential 
treatment extended under this section shall remain in effect 
after December 31, 2025.
    (g) Effective Date.--The provisions of this section shall 
take effect on the date that is 30 days after the date of the 
enactment of this Act.

SEC. 916. AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION MEMBERS TO 
                    REDUCE RATES OF DUTY ON CERTAIN ENVIRONMENTAL 
                    GOODS.

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

SEC. 917. AMENDMENT TO TARIFF ACT OF 1930 TO REQUIRE COUNTRY OF ORIGIN 
                    MARKING OF CERTAIN CASTINGS.

    (a) In General.--Section 304(e) of the Tariff Act of 1930 
(19 U.S.C. 1304(e)) is amended--
            (1) in the subsection heading, by striking 
        ``Manhole Rings or Frames, Covers, and Assemblies 
        Thereof'' and inserting ``Castings'';
            (2) by inserting ``inlet frames, tree and trench 
        grates, lampposts, lamppost bases, cast utility poles, 
        bollards, hydrants, utility boxes,'' before ``manhole 
        rings,''; and
            (3) by adding at the end before the period the 
        following: ``in a location such that it will remain 
        visible after installation''.
    (b) Effective Date.--The amendments made by subsection (a) 
take effect on the date of the enactment of this Act and apply 
with respect to the importation of castings described in such 
amendments on or after the date that is 180 days after such 
date of enactment.

SEC. 918. INCLUSION OF CERTAIN INFORMATION IN SUBMISSION OF NOMINATION 
                    FOR APPOINTMENT AS DEPUTY UNITED STATES TRADE 
                    REPRESENTATIVE.

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

SEC. 919. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF BILL 
                    PROCESS.

    (a) Findings.--Congress makes the following findings:
            (1) As of the date of the enactment of this Act, 
        the Harmonized Tariff Schedule of the United States 
        imposes duties on imported goods for which there is no 
        domestic availability or insufficient domestic 
        availability.
            (2) The imposition of duties on such goods creates 
        artificial distortions in the economy of the United 
        States that negatively affect United States 
        manufacturers and consumers.
            (3) It would be in the interests of the United 
        States if the Harmonized Tariff Schedule were updated 
        regularly and predictably to eliminate such artificial 
        distortions by suspending or reducing duties on such 
        goods.
            (4) The manufacturing competitiveness of the United 
        States around the world would be enhanced if the 
        Harmonized Tariff Schedule were updated regularly and 
        predictably to suspend or reduce duties on such goods.
    (b) Sense of Congress.--It is the sense of Congress that, 
to remove the competitive disadvantage to United States 
manufacturers and consumers resulting from the imposition of 
such duties and to promote the competitiveness of United States 
manufacturers, the Committee on Finance of the Senate and the 
Committee on Ways and Means of the House of Representatives are 
urged to advance, as soon as possible, after consultation with 
the public and Members of the Senate and the House of 
Representatives, a regular and predictable legislative process 
for the temporary suspension and reduction of duties that is 
consistent with the rules of the Senate and the House.

SEC. 920. CUSTOMS USER FEES.

    (a) In General.--Section 13031(j)(3) of the Consolidated 
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) 
is amended--
            (1) in subparagraph (A), by striking ``July 7, 
        2025'' and inserting ``September 30, 2025''; and
            (2) by striking subparagraph (D).
    (b) Rate for Merchandise Processing Fees.--Section 503 of 
the United States-Korea Free Trade Agreement Implementation Act 
(Public Law 112-41; 19 U.S.C. 3805 note) is amended--
            (1) by striking ``June 30, 2025'' and inserting 
        ``September 30, 2025''; and
            (2) by striking subsection (c).

SEC. 921. INCREASE IN PENALTY FOR FAILURE TO FILE RETURN OF TAX.

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

SEC. 922. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND ON MULTIPLE 
                    AND DISCRIMINATORY TAXES ON ELECTRONIC COMMERCE.

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

      And the House agree to the same.
                                   Kevin Brady,
                                   David Reichert,
                                   Pat Tiberi,
                                 Managers on the Part of the House.

                                   Orrin Hatch,
                                   John Cornyn,
                                   John Thune,
                                   Johnny Isakson,
                                   Ron Wyden,
                                   Debbie Stabenow,
                                Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the House to the amendment of the Senate to 
the bill (H.R. 644), to reauthorize trade facilitation and 
trade enforcement functions and activities, and for other 
purposes, submit the following joint statement to the House and 
the Senate in explanation of the effect of the action agreed 
upon by the managers and recommended in the accompanying 
conference report:
      The Senate amendment struck all of the House bill after 
the enacting clause and inserted a substitute text.
      The House amendment struck all of the Senate amendment 
after the enacting clause and inserted a substitute text.
      The Senate recedes from its disagreement to the amendment 
of the House with an amendment that is a substitute for the 
House amendment and the Senate amendment. The differences 
between the Senate amendment, the House amendment, and the 
substitute agreed to in conference are noted below, except for 
clerical corrections, conforming changes made necessary by 
agreements reached by the conferees, and minor drafting and 
clarifying changes.

    DIVISION A--TRADE FACILITATION AND TRADE ENFORCEMENT ACT OF 2015

           Title I--Trade Facilitation and Trade Enforcement

              SECTION 101. IMPROVING PARTNERSHIP PROGRAMS

Present Law
      The Customs-Trade Partnership Against Terrorism (C-TPAT), 
codified in the Security and Accountability for Every Port Act 
(SAFE Port Act) of 2006 (6 U.S.C. 961 et seq.), is a voluntary 
trade partnership program in which Customs and Border 
Protection (CBP) and members of the trade community work 
together to secure and facilitate the movement of legitimate 
trade. Companies that are members of C-TPAT are considered low-
risk, which expedites cargo clearance based on the company's 
security profile and compliance history.
House Amendment
      Section 101 requires the Commissioner of CBP to work with 
the private sector and other Federal agencies to ensure that 
all CBP partnership programs provide trade benefits to 
participants. This would apply to partnership programs 
established before enactment of this bill, and any programs 
established after enactment. It establishes elements for the 
development and operation of any such partnership programs, 
which require the Commissioner to: 1) consult with private 
sector entities, the public, and other Federal agencies when 
appropriate, to ensure that participants receive commercially 
significant and measurable trade benefits; 2) ensure an 
integrated and transparent system of trade benefits and 
compliance requirements for all CBP partnership programs; 3) 
consider consolidating partnership programs in situations in 
which doing so would support the objectives of such programs, 
increase participation, enhance trade benefits, and enhance the 
allocation of resources of CBP; 4) coordinate with the Director 
of ICE, and other Federal agencies with authority to detain and 
release merchandise; and 5) ensure that trade benefits are 
provided to participants in partnership programs.
      It further requires the Commissioner to 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: 1) identifies each 
partnership program; 2) for each program, identifies the 
requirements for participation, benefits provided to 
participants, the number of participants, and 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 program; 4) 
assesses the effectiveness of each program in advancing the 
security, trade enforcement, and trade facilitation missions of 
CBP; 5) summarizes CBP's efforts to work with other Federal 
agencies to detain and release merchandise entering the United 
States to ensure that partnership programs of those agencies 
are compatible with CBP partnership programs; 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 CBP efforts to work with the private 
sector and the public to develop partnership programs; 8) 
describes measures taken by CBP to make the private sector 
aware of trade benefits available to participants in 
partnership programs; and 9) summarizes CBP's plans, targets, 
and goals with respect to partnership programs for the two 
years following submission of the report.
Senate Amendment
      Section 101 of the Senate amendment is the same as 
section 101 of the House amendment with the exception of a 
difference in the recipients of the report required in this 
section.
Conference Agreement
      The conference agreement follows the House amendment.

  SECTION 102. REPORT ON EFFECTIVENESS OF TRADE ENFORCEMENT ACTIVITIES

Present Law
      No provision.
House Amendment
      Section 102(a) requires the Comptroller General of the 
United States to submit a report on the effectiveness of trade 
enforcement activities of CBP 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, 
no later than one year after the date of enactment of the bill.
      Section 102(b) establishes that the report shall include: 
1) a description of the use of resources, results of audits and 
verifications, targeting, organization, and training of CBP 
personnel; and 2) a description of trade enforcement activities 
to address undervaluation, transshipment, legitimacy of 
entities making entry, protection of revenue, fraud prevention 
and detection, and penalties, including intentional 
misclassification, inadequate bonding, and other 
misrepresentations.
Senate Amendment
      Section 102 of the Senate amendment is the same as 
section 102 of the House amendment with the exception of the 
following provisions. In addition to the reporting requirements 
in section 102(b) of the House amendment, the Senate amendment 
requires a description of trade enforcement activities with 
respect to the priority trade issues, including methodologies 
used in such enforcement of actives, recommendations for 
improving such enforcement activities, and a description of the 
implementation of previous recommendations for improving such 
enforcement activities. The amendments also differ in the 
recipients of the required report.
Conference Agreement
      The conference agreement follows the Senate amendment 
with a modification. The Conferees agree to modify section 
102(a) of the Senate amendment to include 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 as recipients of the required report.

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

Present Law
      No provision.
House Amendment
      Section 103(a) directs the Commissioner of Customs to 
consult with 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 to establish 
priorities and performance standards to measure the development 
and levels of achievement of the customs modernization, trade 
facilitation, and trade enforcement functions of the programs 
described in section 103(b). The amendment requires that the 
priorities and performance standards shall, at a minimum, 
include priorities and performance standards relating to 
efficiency, outcome, output, and other types of applicable 
measures.
      Section 103(b) establishes the functions and programs to 
which section 103(a) applies: 1) the Automated Commercial 
Environment; 2) each of the priority trade issues described in 
section 111(a) of the House amendment (section 117 of the 
conference report); 3) the Centers of Excellence and Expertise; 
4) drawback; 5) transactions relating to imported merchandise 
in bond; 6) the collection of antidumping and countervailing 
duties assessed; 7) the expedited clearance of cargo; 8) the 
issuance of regulations and rulings; and 9) the issuance of 
Regulatory Audit Reports.
      Section 103(c) requires that the consultations with 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 occur, at a minimum, on an annual basis, and 
requires the Commissioner to notify the Committees of any 
changes to the priorities referred to in section 103(a) no 
later than 30 days before such changes are to take effect.
Senate Amendment
      Section 103 of the Senate amendment is the same as 
section 103 of the House amendment with the exception of a 
difference in the recipients of the report and consultations 
required in this section.
Conference Agreement
      The conference agreement follows the House amendment.

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

Present Law
      No provision.
House Amendment
      Section 104(a) requires the Commissioner of CBP and the 
Director of ICE to establish and carry out educational seminars 
for CBP port personnel and ICE agents to improve their ability 
to classify and appraise imported articles, improve trade 
enforcement efforts, and otherwise improve the ability and 
effectiveness of CBP and ICE to facilitate legitimate trade.
      Section 104(b) establishes that these seminars shall 
include instruction on conducting physical inspections of 
articles, including testing of samples; reviewing the manifest 
and accompanying documentation to determine country of origin; 
customs valuation; industry supply chains; collection of 
antidumping and countervailing duties; addressing evasion of 
duties on imports of textiles; protection of intellectual 
property rights; and the enforcement of child labor laws.
      Section 104(c) directs the Commissioner to establish a 
process to solicit, evaluate and select interested parties in 
the private sector to assist in providing instruction.
      Section 104(d) directs the Commissioner to give special 
consideration to carrying out educational seminars dedicated to 
improving the ability of CBP to enforce antidumping and 
countervailing duty orders upon the request of a petitioner.
      Section 104(e) requires the Commissioner and the Director 
to establish performance standards to measure the development 
and level of achievement of educational seminars under this 
section.
      Section 104(f) requires the Commissioner and the Director 
to submit an annual report 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 on the 
effectiveness of the educational seminars.
Senate Amendment
      Section 104 of the Senate amendment is the same as 
section 104 of the House amendment except for a difference in 
the recipients of the report required in this section.
Conference Agreement
      The conference agreement follows the House amendment.

                   SECTION 105. JOINT STRATEGIC PLAN

Present Law
      No provision.
House Amendment
      Section 105(a) requires the Commissioner of CBP and the 
Director of ICE to create and 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 biennial joint strategic plan on trade 
facilitation and trade enforcement.
      Section 105(b) requires the joint strategic plan to 
contain a comprehensive plan for trade facilitation and trade 
enforcement that includes: 1) a summary of the actions taken 
during the 2-year period preceding submission of the plan to 
improve trade facilitation and trade enforcement; 2) a 
statement of objectives and plans for further improving trade 
facilitation and trade enforcement; 3) a specific 
identification of priority trade issues that can be addressed 
to enhance trade enforcement and trade facilitation; 4) a 
description of efforts made to improve consultation and 
coordination among and within Federal agencies; 5) a 
description of training that has occurred within CBP and ICE to 
improve trade enforcement and trade facilitation; 6) a 
description of efforts to work with the World Customs 
Organization and other international organizations with respect 
to enhancing trade facilitation and trade enforcement; 7) a 
description of CBP organizational benchmarks for optimizing 
staffing and wait times at ports of entry; 8) a specific 
identification of any domestic or international best practices 
that may further improve trade enforcement and trade 
facilitation; 9) any legislative recommendations to further 
improve trade facilitation and trade enforcements; and 10) a 
description of efforts to improve consultation and coordination 
with the private sector to enhance trade facilitation and trade 
enforcement.
      Section 105(c) requires the Commissioner and the Director 
to consult with the appropriate Federal agencies and 
appropriate officials from relevant law enforcement agencies, 
international organizations, and interested parties in the 
private sector.
Senate Amendment
      Section 105 of the Senate amendment is the same as 
section 105 of the House amendment with exception the following 
provisions. In addition to the reporting requirements contained 
in section 105(b) of the House amendment, the Senate amendment 
requires a description of trade enforcement activities with 
respect to priority trade issues, including methodologies used 
in enforcement activities, recommendations for improving 
enforcement activities, and a description of the implementation 
of previous recommendations for improving enforcement 
activities. The amendments also differ in the recipients of the 
required report.
Conference Agreement
      The conference agreement follows the Senate amendment 
with a modification. The Conferees agree to modify section 
105(a) to include 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 as recipients of the 
required joint strategic plan.

             SECTION 106. AUTOMATED COMMERCIAL ENVIRONMENT

Present Law
      Section 411 of the Tariff Act of 1930 requires the 
Secretary of Treasury to establish the National Customs 
Automation Program, an automated and electronic system for 
processing commercial importations.
      Section 13031(f)(4)(B) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 provides an authorization for 
appropriations from the Customs Commercial and Homeland 
Security Automation Account in fiscal years 2003 through 2005 
such amounts as are available in that Account for the 
development, establishment, and implementation of the Automated 
Commercial Environment (ACE) computer system for the processing 
of merchandise that is entered or released and for other 
purposes related to the functions of the Department of Homeland 
Security.
      Section 311(b)(3) of the Customs Border Security Act of 
2002 requires the Commissioner of Customs to prepare and submit 
to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate a 
report demonstrating that the development and establishment of 
the Automated Commercial Environment computer system is being 
carried out in a cost-effective manner and meets the 
modernization requirements of title VI of the North American 
Free Trade Agreement Implementation Act.
House Amendment
      Section 106(a) amends section 13031(f)(4)(B) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 to 
update fiscal years 2003 through 2005 to fiscal years 2016 
through 2018, to update the amount to be allocated to ACE to 
``not less than $153,736,000,'' and to make clear that these 
funds shall be used to complete the development and 
implementation of ACE.
      Section 106(b) amends section 311(b)(3) of the Customs 
Border Security Act of 2002 to require two reports from the 
Commissioner in regards to ACE. The Commissioner is required to 
submit a report no later than December 31, 2016, to the Senate 
Appropriations Committee and Finance Committee, and the House 
of Representatives Appropriations Committee and Ways and Means 
Committee, updates on the implementation of ACE, incorporation 
of all core trade processing capabilities, components that have 
not been implemented, and additional components needed to 
realize the full implementation and operation of the program. 
The Commissioner is required to submit a second report no later 
than September 30, 2017, providing updates to the relevant 
Congressional committees from the prior report, as well as 
evaluations on the effectiveness of implementation of ACE and 
details of the percentage of trade processed in ACE every month 
since September 30, 2016.
      Section 106(c) directs the Comptroller General of the 
United States to submit a report to the Senate Appropriations 
Committee and Finance Committee, and House of Representatives 
Appropriations Committee and Ways and Means Committee, 
assessing the progress of other Federal agencies in accessing 
and utilizing ACE and identifying potential cost savings to the 
U.S. government, importers, and exporters upon full 
implementation and utilization of ACE.
Senate Amendment
      Section 106 of the Senate amendment is the same as 
section 106 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

              SECTION 107. INTERNATIONAL TRADE DATA SYSTEM

Present Law
      Section 411(d) of the Tariff Act of 1930 requires the 
Secretary of the Treasury to oversee the establishment of an 
electronic trade data interchange system, known as the 
International Trade Data System (ITDS). It further requires 
ITDS to be implemented no later than the date that ACE is fully 
implemented and mandates the participation of all federal 
agencies that require documentation for clearing or licensing 
cargo imports or exports.
House Amendment
      Section 107 amends section 411(d) of the Tariff Act of 
1930 to require the Secretary of Homeland Security to work with 
the head of each Federal agency participating in ITDS and the 
Interagency Steering Committee to ensure that each agency: 1) 
develops and maintains the necessary information technology 
infrastructure to support the operation of ITDS and to submit 
all data to ITDS electronically; 2) enters into a memorandum of 
understanding to provide information sharing between the agency 
and CBP for the operation and maintenance of ITDS; 3) 
identifies and transmits admissibility criteria and data 
elements required by the agency to authorize the release of 
cargo by CBP for incorporation into ACE, no later than June 30, 
2016; and 4) utilizes ITDS as the primary means of receiving 
the standard set of data and other relevant documentation from 
users, no later than December 31, 2016.
Senate Amendment
      Section 107 of the Senate amendment is the same as 
section 107 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

     SECTION 108. CONSULTATIONS WITH RESPECT TO MUTUAL RECOGNITION 
                              ARRANGEMENTS

Present Law
      No provision.
House Amendment
      Section 108(a) requires the Secretary of Homeland 
Security to consult with 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 at least 
thirty days before the initiation of mutual recognition 
arrangement negotiations and at least thirty days before 
entering into any mutual recognition arrangement.
      Section 108(b) requires that the United States have as a 
negotiating objective in any negotiation for a mutual 
recognition arrangement with a foreign country on partnership 
programs to seek to ensure the compatibility of the foreign 
country's partnership program with the partnership programs of 
CBP in order to enhance security, trade facilitation, and trade 
enforcement.
Senate Amendment
      Section 108 of the Senate amendment is the same as 
section 108 of the House bill, except that the Senate amendment 
does not include as a negotiating objective an enhancement of 
security when CBP seeks to ensure the compatibility of 
partnership programs of foreign countries. The amendments also 
differ in the recipients of the required report.
Conference Agreement
      The conference agreement follows the House amendment.

     SECTION 109. COMMERCIAL CUSTOMS OPERATIONS ADVISORY COMMITTEE

Present Law
      The Advisory Committee on Commercial Operations (COAC) of 
the United States Customs Service was established in the 
Omnibus Budget Reconciliation Act of 1987. The Department of 
the Treasury Order No. 100-16, effective May 23, 2003, 
specified that COAC would be administered jointly by the 
Department of the Treasury and Department of Homeland Security.
House Amendment
      Section 109(a) requires the Secretary of the Treasury and 
the Secretary of Homeland Security to jointly establish a 
Commercial Customs Operations Advisory Committee (COAC).
      Section 109(b) requires that COAC be comprised of 20 
appointed individuals from the private sector, appointed 
without regard to political affiliation; the Commissioner of 
CBP and the Assistant Secretary of Treasury for Tax Policy, who 
shall co-chair meetings; and the Assistant Secretary for Policy 
of the Department of Homeland Security and the ICE Director, 
who shall serve as deputy co-chairs of meetings. Section 109(b) 
further requires that appointed private sector individuals be 
representative of individuals and firms affected by the 
commercial operations of CBP, and provides that individuals may 
be appointed to multiple 3-year terms but cannot serve more 
than two terms sequentially. The Secretaries of the Treasury 
and Homeland Security are authorized to transfer members to the 
COAC who are currently serving on the Advisory Committee on 
Commercial Operations of the United States Customs Service.
      Section 109(c) establishes the duties of COAC, which 
shall be to: 1) advise the Secretaries of the Treasury and 
Homeland Security on all matters involving the commercial 
operations of CBP and the investigations of ICE; 2) provide 
recommendations to the Secretaries on improvements that CBP and 
ICE should make to their commercial operations and 
investigations; 3) collaborate in developing the agenda for 
COAC meetings; and 4) perform other functions relating to the 
commercial operations of CBP and the investigations of ICE as 
prescribed by law or as directed by the Secretaries.
      Section 109(d) establishes that: 1) COAC shall meet at 
the call of the Secretary of the Treasury, the Secretary of 
Homeland Security, or two-thirds of the membership of COAC; 2) 
COAC shall meet at least four times each calendar year; and 3) 
that COAC meetings shall be open to the public unless the 
Secretary of the Treasury or the Secretary of Homeland Security 
determines that the meeting will include matters the disclosure 
of which would compromise the development of policies, 
priorities, or negotiating objectives or positions that could 
impact the commercial operations of CBP of the operations or 
investigations of ICE.
      Section 109(e) requires COAC to submit an annual report 
to the Senate Committee on Finance and the House Committee on 
Ways and Means that describes the activities of COAC during the 
preceding fiscal year and sets forth any recommendations of 
COAC regarding the commercial operations of CBP.
      Section 109(f) establishes that 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 COAC.
Senate Amendment
      Section 109 of the Senate amendment is the same as 
section 109 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment with a modification. The Conferees have 
agreed to strike Section 109(d)(2). The Conferees believe that 
COAC meetings should normally be open to the public. The 
Conferees recognize the need to close COAC meetings, in portion 
or in whole, when a meeting will include matters the disclosure 
of which would compromise the development of policies, 
priorities, or negotiating objectives or positions that could 
impact the operations of CBP or the operations or 
investigations of ICE. The Conferees agree, however, that the 
current procedures in the Federal Advisory Committee Act (5 
U.S.C. App.) are sufficient to close COAC meetings, in portion 
or in whole, when necessary.

           SECTION 110. CENTERS FOR EXCELLENCE AND EXPERTISE

Present Law
      No provision.
House Amendment
      Section 110(a) requires the Commissioner to develop and 
implement, in consultation with 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, 
and the COAC established by section 109(a), Centers of 
Excellence and Expertise (CEE) throughout CBP that: 1) enhance 
the economic competitiveness of the United States; 2) improve 
enforcement efforts; 3) build upon CBP expertise in particular 
industry operations, supply chains, and compliance 
requirements; 4) promote the uniform implementation at each 
port of entry of policies and regulations relating to imports; 
5) centralize the trade enforcement and trade facilitation 
efforts of CBP; 6) formalize an account-based approach to the 
importation of merchandise into the United States; 7) foster 
partnerships through the expansion of trade programs and other 
trusted trader programs; 8) develop applicable performance 
measures to meet internal efficiency and effectiveness goals; 
and 9) when feasible, facilitate a more efficient flow of 
information between Federal agencies.
      Section 110(b) requires the Commissioner to submit a 
report 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 no later than December 
31, 2016 describing the scope, functions and structure of the 
CEEs; the effectiveness of the CEEs in improving enforcement 
efforts; the benefits to the trade community; applicable 
performance measurements; the performance of each CEE in 
facilitating trade; and any planned changes to the CEEs.
Senate Amendment
      Section 110 of the Senate amendment is similar to section 
110 of the House amendment except the House amendment requires 
the CEEs to use targeting information from the National 
Targeting Center at CBP, while the Senate amendment requires 
the CEEs to use targeting information from the Commercial 
Targeting Division established in the amendment. The amendments 
also differ in the recipients of the required report.
Conference Agreement
      The conference agreement follows the House amendment.

   SECTION 111. COMMERCIAL RISK ASSESSMENT TARGETING AND TRADE ALERTS

Present Law
      No provision.
House Amendment
      Section 111(a) requires National Targeting Center (NTC) 
to establish methodologies for assessing the risk that imports 
may violate U.S. customs and trade laws and to issue trade 
alerts when the NTC determines cargo may violate such laws; 
assess the risk of cargo based on all information available to 
CBP through the Automated Targeting System, ACE, the Automated 
Entry System, ITDS, and TECS (formerly known as the ``Treasury 
Enforcement Communications System'') or any successor systems, 
publicly available information, and information made available 
to the NTC by private sector entities; and, provide for the 
receipt and transmission to appropriate CBP offices of 
allegations from interested parties in the private sector of 
violations of the customs and trade laws of the United States 
relating to the priority trade issues described in section 
111(a) of the House amendment (section 117 of the conference 
report).
      Section 111(b) authorizes the Executive Director of the 
NTC to issue trade alerts to port directors when such person 
determines cargo may violate U.S. customs and trade laws. The 
trade alert may direct further inspection or physical 
examination or testing of specific merchandise by the port 
personnel. A port director may determine not to carry out the 
direction of the trade alerts if the port director finds 
security interests justify such determination, and the port 
director notifies the Assistant Commissioner of the Office of 
Field Operations of such determination. The Assistant 
Commissioner of the Office of Field Operations must compile an 
annual report of all determinations by port directors to not 
implement trade alerts and include an evaluation of the 
utilization of trade alerts. This report must be submitted to 
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 not later than December 31 each year. 
Section 111(b) further defines ``inspection'' as the 
comprehensive evaluation process used by CBP, 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 the purposes of assessing duties, identifying 
restricted or prohibited items, and ensuring compliance with 
all applicable customs and trade laws and regulations 
administered by CBP.
      Section 111(c) amends section 343(a)(3)(F) of the Trade 
Act of 2002 to establish that the information collected 
pursuant to regulations shall be used exclusively for ensuring 
cargo safety and security, prevent smuggling, and commercial 
risk assessment targeting, and shall not be used for any 
commercial enforcement purposes, including for determining 
merchandise entry.
Senate Amendment
      Section 111(a) of the Senate amendment establishes a 
Commercial Targeting Division (CTD) at CBP by amending section 
2(d) of the Act of March 3, 1927 (19 U.S.C. 2072(d)). The 
section requires the Secretary of Homeland Security to 
establish and maintain a Commercial Targeting Division (CTD) 
within CBP's Office of International Trade at CBP. The CTD 
shall be comprised of headquarters staff led by an Executive 
Director, and individual National Targeting and Analysis Groups 
(NTAGs) led by Directors reporting to the Executive Director. 
The CTD shall develop and conduct commercial targeting with 
respect to cargo destined for the United States and issue trade 
alerts.
      Section 111(a) requires the establishment of an NTAG for, 
at a minimum, each of the following priority trade issues 
(PTIs): 1) agricultural programs; 2) antidumping and 
countervailing duties; 3) import safety; 4) intellectual 
property rights; 5) revenue; 6) textiles and wearing apparel; 
and 7) trade agreements and preference programs. The 
Commissioner may alter the PTIs in consultation with the 
Committee on Finance of the Senate and the Committee on Ways 
and Means of the House of Representatives.
      The duties of each NTAG include: 1) directing the trade 
enforcement and compliance assessment activities of CBP as they 
relate to the each NTAG's PTI; 2) facilitating, promoting, and 
coordinating cooperation and the exchange of information 
between CBP, ICE, and other relevant Federal departments and 
agencies regarding each NTAG's PTI; and 3) serving as the 
primary liaison between CBP and the public regarding United 
States Government activities related to each NTAG's PTI.
      Section 111(a) also requires the CTD to establish 
methodologies for assessing the risk that cargo destined for 
the United States may violate U.S. customs and trade laws and 
for issuing Trade Alerts. The CTD should assess the risk of 
cargo based on all information available to CBP through the 
Automated Targeting System, ACE, the Automated Commercial 
System, the Automated Export System, ITDS, and TECS (formerly 
known as the ``Treasury Enforcement Communications System''), 
the case management system of ICE or any successor systems, and 
publicly available information. The CTD should also use 
information provided by private sector entities and coordinate 
targeting efforts with other Federal agencies.
      The section authorizes the CTD Executive Director and 
NTAG Directors to issue Trade Alerts to port directors to 
ensure compliance with U.S. customs and trade laws. The Trade 
Alert may direct further inspection or physical examination or 
testing of merchandise by port personnel if certain risk-
assessment thresholds are met. A port director may determine 
not to carry out the direction of the Trade Alerts if the port 
director finds such a determination is justified by security 
interests and the port director notifies the Assistant 
Commissioners of the Office of Field Operations and the Office 
of International Trade of such a determination. The Assistant 
Commissioner of the Office of Field Operations must compile an 
annual report of all determinations by port directors to 
override Trade Alerts and evaluate the utilization of Trade 
Alerts.
      Section 111(b) amends section 343(a)(3)(F) of the Trade 
Act of 2002 (19 U.S.C. 2071 note), to indicate that 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.
Conference Agreement
      The conference agreement follows the House amendment with 
modifications. It requires the NTC to coordinate with the CBP 
Office of Trade, as appropriate, in carrying out its duties 
under this section and to notify 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 or 
any civil or criminal action taken by CBP or any other agency 
resulting from the allegation. It also provides that the first 
report under Section 111(b)(3) is due December 31, 2016.

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

Present Law
      No provision.
House Amendment
      Section 112(a) requires the Inspector General of the 
Department of the Treasury to submit a report, not later than 
March 31, 2016 and biennially thereafter, to the Senate 
Committee on Finance and the House Committee on Ways and Means 
that assesses the effectives of the measures taken by CBP with 
respect to protection of the revenue and to measure 
accountability and performance with respect to protection of 
the revenue.
      Section 112(b) establishes that each report required by 
section 112(a) shall cover the period of two fiscal years 
ending on September 30 of the calendar year preceding the 
submission of the report.
Senate Amendment
      Section 112 of the Senate amendment is the same as 
section 112 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment except that it provides an additional 
three months for the issuance of the first report required 
under Section 112(a).

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

Present Law
      No provision.
House Amendment
      Section 113(a) requires the Secretaries of Homeland 
Security and the Treasury to jointly submit a report to the 
Senate Committee on Finance and the House Committee on Ways and 
Means on efforts undertaken by CBP 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. The report 
must be submitted no later than December 31 of 2016, 2017, and 
2018.
      Section 113(b) requires that each report required by 
section 113(a) shall include 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 arrival of such merchandise are generated; 3) 
the average time taken to reconcile such records with the 
records at the final destination of merchandise in the United 
States to demonstrate that the merchandise reaches its final 
destination or is re-exported; 4) the average time taken to 
transport merchandise in bond from the port at which the 
merchandise arrives in the United States to its final 
destination in the United States; 5) the total amount of 
duties, taxes, and fees owed with respect to shipments of 
merchandise transported in bond and the total 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 merchandise has changed; and 7) the number of 
entries that remain unreconciled.
Senate Amendment
      Section 113 of the Senate amendment is the same as 
section 113 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

                SECTION 114. IMPORTER OF RECORD PROGRAM

Present Law
      No provision.
House Amendment
      Section 114(a) requires the Secretary of Homeland 
Security to establish an importer of record program to assign 
and maintain importer of record numbers.
      Section 114(b) requires the Secretary to ensure that CBP 
develops criteria that importers must meet in order to obtain 
an importer of record number, provides a process by which 
importers are assigned importer of record numbers, maintains a 
centralized database of importer of record numbers, evaluates 
and maintains accuracy of the database if importer information 
changes, and takes measures to ensure that duplicate importer 
of record numbers are not issued.
      Section 114(c) requires the Secretary of Homeland 
Security to submit a report to the Senate Committee on Finance 
and the House Committee on Ways and Means on the establishment 
of the importer of record program no later than one year after 
enactment of the Trade Facilitation and Trade Enforcement Act 
of 2015.
Senate Amendment
      Section 114 of the Senate amendment is the same as 
section 114 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

     SECTION 115. ESTABLISHMENT OF IMPORTER RISK ASSESSMENT PROGRAM

Present Law
      No provision.
House Amendment
      Section 115(a) requires the Commissioner to establish a 
new importer program that directs CBP to adjust bond amounts 
for new importers based on the level of risk assessed by CBP 
for revenue protection.
      In establishing this program, section 115(b) requires CBP 
to: 1) develop risk-based criteria to assess new importers; 2) 
develop risk assessment guidelines for new importers to 
determine if and to what extent to adjust the bond amounts and 
increase screening of imports of new importers; 3) develop 
procedures to ensure increased oversight of imported products 
of new importers relating to the enforcement of priority trade 
issues; 4) develop procedures to ensure increased oversight by 
Centers of Excellence and Expertise; and 5) establish a 
centralized database of new importers to ensure the accuracy of 
information provided by new importers pursuant to the 
requirements of this section.
Senate Amendment
      Section 115 of the Senate amendment is the same as 
section 115 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment except that the Commissioner is required 
to establish a program that directs CBP to adjust bond amounts 
for importers, including new importers and non-resident 
importers, based on the level of risk assessed by CBP for 
revenue protection.
      In establishing this program, CBP is required to: 1) 
develop risk-based guidelines to determine if and to what 
extent to adjust bond amounts and screen imported products of 
importers, including new and non-resident importers; 2) develop 
procedures to ensure increased oversight of imported products 
of new importers, including new non-resident importers, 
relating to the enforcement of the priority trade issues; 3) 
develop procedures to ensure increased oversight of imported 
products of new importers, including new non-resident 
importers, by Centers of Excellence and Expertise; and 4) 
establish a centralized database of new importers, including 
new non-resident importers, to ensure the accuracy of 
information provided by such importers pursuant to the 
requirements of this section. The requirements of this section 
shall not apply to any 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 SAFE Port Act (6 U.S.C. 961 et seq.).
      No later than two years after the enactment of this Act, 
the Inspector General of the Department of 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 required by 
this section; 2) the procedures developed to ensure increased 
oversight of imported products of new importers, including new 
non-resident importers, relating to the enforcement of priority 
trade issues; 3) the procedures developed to ensure increased 
oversight of imported products of new importers, including new 
non-resident importers, by Centers of Excellence and Expertise; 
and 4) the number of bonds adjusted based on the risk 
assessment guidelines required by this section.

        SECTION 116. CUSTOMS BROKER IDENTIFICATION OF IMPORTERS

Present Law
      Section 641 of the Tariff Act of 1930 establishes 
requirements and procedures for customs brokers in acquiring a 
license or permit, disciplinary proceedings, and judicial 
appeals of revocation or suspension of a broker's license.
House Amendment
      Section 116(a) amends section 641 of the Tariff Act of 
1930 by inserting a new provision that requires the Secretary 
of Homeland Security to prescribe regulations setting minimum 
standards for customs brokers and importers regarding the 
identity of the importer. The regulations shall, at a minimum, 
require customs brokers and importers, upon adequate notice, to 
comply with procedures for collecting the identity of 
importers, including nonresident importers, seeking to import 
merchandise into the United States, and maintain records of the 
information used to substantiate a person's identity. This 
section further provides that a customs broker will be 
penalized, at the discretion of the Secretary, in an amount not 
exceeding $10,000 for each violation of the regulations 
concerning the collection and maintenance of importer's 
identity and identifying information, and the broker's license 
or permit will be subject to revocation or suspension, pursuant 
to procedures established in section 641(d) of the Tariff Act 
of 1930.
      Section 116(b) requires the Commissioner to submit a 
report to Congress no later than 180 days after enactment of 
this bill containing recommendations for 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), and for 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.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment 
except that the regulations shall, at a minimum: 1) identify 
the information that an importer, including a nonresident 
importer, must submit to a broker in order to verify the 
identity of the importer; 2) identify the reasonable procedures 
that a broker must perform to verify the authenticity of the 
information collected from the importer; and 3) require the 
broker to maintain records of the information collected to 
verify an importer's identity. Further, the penalties required 
under this section shall be assessed in the same manner and 
under the same procedures as the monetary penalties provided 
for in 19 U.S.C. 1641(d)(2)(A).

                   SECTION 117. PRIORITY TRADE ISSUES

Present Law
      No provision.
House Amendment
      Section 118(a) requires the Commissioner to establish the 
following as priority trade issues within CBP: 1) agriculture 
programs; 2) antidumping and countervailing duties; 3) import 
safety; 4) intellectual property rights; 5) revenue; 6) 
textiles and wearing apparel; and 7) trade agreements and 
preference programs.
      Section 118(b) authorizes the Commissioner to establish 
new priority trade issues and eliminate, consolidate or 
otherwise modify them upon the determination that it is 
necessary and appropriate to do so with notification 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 no later than 60 days before such changes 
are to take effect.
Senate Amendment
      Section 111 of the Senate amendment includes a list of 
priority trade issues (PTI) that is the same as the PTIs 
identified in section 118 of the House amendment. The Senate 
amendment, however, requires notification by CBP not later than 
30 days after the establishment of a new PTI. The amendments 
also differ in the recipients of the required report.
Conference Agreement
      The conference agreement follows the House amendment and 
requires the Commissioner to notify the committees of 1) new 
PTIs no later than 30 days after the establishment of the new 
PTI, and 2) a summary of proposals to eliminate, consolidate or 
otherwise modify existing PTIs no later than 60 days before 
such changes are to take effect.

       SECTION 118. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED

Present Law
      No provision.
House Amendment
      Section 119 defines the term ``appropriate congressional 
committees,'' as used in title I of the Trade Facilitation and 
Trade Enforcement Act of 2015, as 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.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment.

                   Title II--Import Health and Safety

          SECTION 201. INTERAGENCY IMPORT SAFETY WORKING GROUP

Present Law
      No provision.
House Amendment
      Section 201(a) establishes an Interagency Import Safety 
Working Group.
      Section 201(b) sets forth the membership of the Working 
Group and designates the Secretary of Homeland Security as the 
Chair and the Secretary of Health and Human Services as the 
Vice-Chair. The membership of the Working Group also shall 
include the Secretaries of the Treasury, Commerce and 
Agriculture; the United States Trade Representative; the 
Director of the Office of Management and Budget; the 
Commissioners of CBP and the Food and Drug Administration; the 
Chairman of the Consumer Product Safety Commission; the 
Director of ICE; and the head of any other Federal agency 
designated by the President to participate.
      Section 201(c) requires the Working Group to 1) consult 
on the development of a joint import safety rapid response plan 
required under section 202; 2) evaluate federal government and 
agency resources, plans, and practices to ensure the safety of 
U.S. imports and the expeditious entry of such merchandise; 3) 
review the engagement and cooperation of foreign governments 
and foreign manufacturers; 4) identify best practices, in 
consultation with the private sector, to assist U.S. importers 
in ensuring import health and safety of imported merchandise; 
5) identify best practices to improve Federal, state, and local 
coordination in responding to import health and safety threats; 
and 6) identify appropriate steps to improve domestic 
accountability and foreign government engagement with respect 
to imports.
Senate Amendment
      Section 201 of the Senate amendment is the same as 
section 201 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

          SECTION 202. JOINT IMPORT SAFETY RAPID RESPONSE PLAN

Present Law
      No provision.
House Amendment
      Section 202(a) requires the Secretary of Homeland 
Security, in consultation with the Working Group, to develop a 
joint import safety rapid response plan (the Plan) that 
establishes protocols and practices CBP should use when 
responding to cargo that poses a threat to the health or safety 
of U.S. consumers.
      Section 202(b) sets forth the contents of the Plan, which 
must define 1) the authorities and responsibilities of CBP and 
other Federal agencies in responding to an import health or 
safety threat; 2) the protocols and practices used in 
responding to such threats; 3) the mitigation measures CBP and 
other agencies must take when responding to such threats after 
the incident to ensure the resumption of the entry of 
merchandise into the United States; and 4) exercises CBP should 
take with Federal, State, and local agencies as well as the 
private sector to simulate responses to such threats.
      Section 202(c) requires the Secretary of Homeland 
Security to review and update the joint import safety rapid 
response plan, as appropriate, after conducting exercises under 
subsection (d).
      Section 202(d) requires the Commissioner, in conjunction 
with Federal, State, and local agencies, to conduct exercises 
to test and evaluate the Plan. When conducting exercises, the 
Commissioner must make allowances for the specific needs of the 
port where the exercise is occurring, base evaluations on 
current import risk assessments, and ensure that the exercises 
are conducted consistent with other national preparedness 
plans. The Secretary of Homeland Security and Commissioner must 
ensure that the testing and evaluations use performance 
measures in order to identify best practices and 
recommendations in responding to import health and safety 
threats and develop metrics with respect to the resumption of 
the entry of merchandise into the United States. Best practices 
and recommendations should then be shared among relevant 
stakeholders and incorporated into the Plan.
Senate Amendment
      Section 202 of the Senate amendment is the same as 
section 202 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

                         SECTION 203. TRAINING

Present Law
      No provision.
House Amendment
      Section 203 requires the Commissioner to ensure that CBP 
port personnel are trained to effectively enforce U.S. import 
health and safety laws.
Senate Amendment
      Section 203 of the Senate amendment is the same as 
section 203 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

  Title III--Import-Related Protection of Intellectual Property Rights

        SECTION 301. DEFINITION OF INTELLECTUAL PROPERTY RIGHTS

Present Law
      No provision.
House Amendment
      Section 301 defines ``intellectual property rights,'' as 
used in this title, as copyrights, trademarks, and other forms 
of intellectual property rights that are enforced by CBP and 
ICE.
Senate Amendment
      Section 301 of the Senate amendment is the same as 
section 301 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

   SECTION 302. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT

Present Law
      Section 818(g) of the 2012 National Defense Authorization 
Act (NDAA) authorizes, but does not require, CBP to share 
unredacted images and samples with right holders if CBP 
suspects a product of infringing a trademark.
House Amendment
      Section 302 amends the Tariff Act of 1930 to create 
section 628A, which requires CBP to share certain information 
about merchandise suspected of violating intellectual property 
rights (IPR) prior to seizure if CBP determines that 
examination or testing of the merchandise by the right holder 
would assist in determining if there is a violation, except in 
such cases as would compromise an ongoing law enforcement 
investigation or national security. Section 302 supersedes 
section 818(g) of the 2012 NDAA.
Senate Amendment
      Section 302 of the Senate amendment is the same as 
section 302 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

             SECTION 303. SEIZURE OF CIRCUMVENTION DEVICES

Present Law
      Section 596(c)(2) of the Tariff Act of 1930 specifies a 
number of items that are to be seized by CBP when presented for 
importation, including ``merchandise or packaging in which 
copyright, trademark, or trade name protection violations are 
involved.''
House Amendment
      Section 303(a) expands CBP's seizure and forfeiture 
authority to explicitly include unlawful circumvention devices, 
as defined under subsection (a)(2) or (b)(1) of section 1201 of 
title 17, United States Code.
      Section 303(b) directs CBP to disclose certain 
information to right holders about the seized merchandise 
within 30 days of seizure, if the right holder is included on a 
list maintained by CBP. The information that must be provided 
is the same information provided to copyright owners under CBP 
regulations for merchandise seized under copyright laws. CBP 
must prescribe regulations establishing procedures that 
implement this process within one year of the date of enactment 
of this bill.
Senate Amendment
      Section 303 of the Senate amendment is the same as 
section 303 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

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

Present Law
      No provision.
House Amendment
      Section 304 directs the Secretary of Homeland Security to 
establish a process for the enforcement of copyrights for which 
the owner has submitted an application for registration with 
the U.S. Copyright Office to the same extent and in the same 
manner as if the copyright were registered with the Copyright 
Office.
Senate Amendment
      Section 304 of the Senate amendment is the same as 
section 304 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

 SECTION 305. NATIONAL INTELLECTUAL PROPERTY RIGHTS COORDINATION CENTER

Present Law
      No provision.
House Amendment
      Section 305(a) establishes within ICE the National 
Intellectual Property Rights Coordination Center (IPR Center), 
which shall be headed by an Assistant Director.
      Section 305(b) assigns the Assistant Director duties, 
including: 1) coordinating the investigation of sources of 
merchandise that infringes intellectual property rights (IPR); 
2) conducting and coordinating training with other domestic and 
international law enforcement agencies to improve IPR 
enforcement; 3) coordinating, with CBP, U.S. activities to 
prevent the importation or exportation of IPR infringing 
merchandise; 4) supporting the international interdiction of 
merchandise destined for the U.S. that infringe IPR; 5) 
collecting and integrating information regarding infringements; 
6) developing a means to receive and organize information 
regarding infringement of IPR; 7) disseminating information 
regarding infringement of IPR to other Federal agencies; 8) 
developing risk-based alert systems in coordination with CBP; 
and 9) coordinating with U.S. Attorneys' offices to investigate 
and prosecute IPR crime.
      Section 305(c) requires the Assistant Director to 
coordinate with federal, state, local and international law 
enforcement, intellectual property, and trade agencies, as 
appropriate, in carrying out the IPR Center's duties.
      Section 305(d) requires the Assistant Director to: 1) 
conduct outreach to the private sector to determine trends in 
and methods of infringing IPR; and 2) coordinate public and 
private-sector efforts to combat the infringement of IPR.
Senate Amendment
      Section 305 of the Senate amendment is the same as 
section 305 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

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

Present Law
      No provision.
House Amendment
      Section 306 requires the Commissioner and Director to 
include in the joint strategic plan on trade facilitation and 
enforcement required under section 105 of the amendment the 
following: 1) a description of DHS's IPR enforcement efforts; 
2) a list of the top 10 ports, by volume and value, where CBP 
seized IPR infringing goods in the preceding two years; and 3) 
a recommendation of the optimal allocation of personnel to 
ensure CBP and ICE are effectively enforcing IPR.
Senate Amendment
      Section 306 of the Senate amendment is the same as 
section 306 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

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

Present Law
      No provision.
House Amendment
      Section 307(a) requires the Commissioner to ensure 
sufficient personnel are assigned throughout CBP with 
responsibility to enforce intellectual property rights with 
respect to U.S. imports.
      Section 307(b) requires the Commissioner to assign at 
least three full-time CBP employees to the IPR Coordination 
Center established under section 305 and to ensure that 
sufficient personnel are assigned to U.S. ports of entry to 
carry out the directives of the IPR Coordination Center 
established under section 305.
Senate Amendment
      Section 307 of the Senate amendment is the same as 
section 307 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

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

Present Law
      No provision.
House Amendment
      Section 308(a) requires the Commissioner to effectively 
train CBP port personnel to detect and identify IPR infringing 
imported goods.
      Section 308(b) requires the Commissioner to work with the 
private sector to identify opportunities for collaboration with 
respect to training for officers of the agency to enforce IPR.
      Section 308(c) requires the Commissioner to consult with 
private sector entities to identify technologies which can 
cost-effectively identify infringing merchandise, and to 
provide for cost-effective training for CBP officers with 
regard to the use of such technologies.
      Section 308(d) permits CBP to receive donations of 
technology to improve IPR enforcement.
Senate Amendment
      Section 308 of the Senate amendment is the same as 
section 308 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

     SECTION 309. INTERNATIONAL COOPERATION AND INFORMATION SHARING

Present Law
      Section 628 of the Tariff Act of 1930 permits CBP to 
exchange information or documents with foreign customs and law 
enforcement agencies if the Secretary of the Treasury 
reasonably believes the exchange of information is necessary to 
comply with CBP laws and regulations, to enforce a trade 
agreement to which the United States is a party, to assist in 
investigative, judicial and quasi-judicial proceedings in the 
United States, or for any similar action undertaken by a 
foreign law enforcement agency in a foreign country.
House Amendment
      Section 309 requires the Secretary of Homeland Security 
to coordinate with competent foreign law enforcement agencies 
to enhance IPR enforcement, including by information sharing 
and technical assistance, and requires the Commissioner and the 
Director of ICE to lead interagency efforts to collaborate with 
law enforcement and customs authorities of foreign countries.
Senate Amendment
      Section 309 of the Senate amendment is the same as 
section 309 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

    SECTION 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT

Present Law
      No provision.
House Amendment
      Requires the Commissioner of CBP and the Director of ICE 
to jointly submit to the Committee on Finance and Committee on 
Homeland Security and Governmental Affairs of the Senate and 
the Committee on Ways and Means and Committee on Homeland 
Security of the House of Representatives a report that 
includes: 1) information regarding the number, and a 
description of, certain efforts to investigate and prosecute 
IPR infringements; 2) an estimate of the average time required 
by the CBP Office of International Trade to respond to a 
request from port personnel for advice with respect to whether 
merchandise detained by the Agency infringed IPR, distinguished 
by types of IPR infringed; 3) a summary of the outreach efforts 
of CBP and ICE with respect to interdiction, investigation and 
information sharing between certain agencies related to the 
infringement of IPR, collaboration with the private sector, and 
coordination with foreign governments; 4) a summary of the 
efforts of CBP and ICE to address the challenges with respect 
to the enforcement of IPR presented by Internet commerce and 
the transit of small packages and an identification of the 
volume, value, and type of merchandise seized for infringing 
IPR as a result of such efforts; and 5) a summary of training 
relating to the enforcement of IPR conducted under section 308 
and expenditures for such training.
Senate Amendment
      Section 310 of the Senate amendment is the same as 
section 310 of the House amendment with the exception of a 
difference in the recipients of the report required in this 
section.
Conference Agreement
      The conference agreement follows the House amendment, 
except that it changes the due date of the report to September 
30th of each year.

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

Present Law
      No provision.
House Amendment
      Section 311(a) requires the Secretary of Homeland 
Security to develop and implement an educational campaign for 
travelers entering or departing the United States on the legal, 
economic, and public health and safety implications of 
importing IPR infringing goods into the United States.
      Section 311(b) requires the Commissioner to ensure that 
all versions, including the electronic versions, of CBP Form 
6059B (customs declaration), or a successor form, include a 
written warning to inform travelers arriving in the United 
States that importation of merchandise that infringes IPR may 
subject travelers to civil or criminal penalties and may pose 
serious risks to health and safety.
Senate Amendment
      Section 311 of the Senate amendment is the same as 
section 311 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

Title IV--Prevention of Evasion of Antidumping and Countervailing Duty 
                                 Orders

                        SECTION 401. SHORT TITLE

Present Law
      No provision.
House Amendment
      Section 401 sets forth the short title as the 
``Preventing Recurring Trade Evasion and Circumvention Act.''
Senate Amendment
      Section 401 of the Senate amendment sets forth the short 
title as the ``Enforcing Orders and Reducing Customs Evasion 
Act of 2015.''
Conference Agreement
      The conference agreement sets forth the short title as 
the ``Enforce and Protect Act of 2015.''

                        SECTION 402. DEFINITIONS

Present Law
      No provision.
House Amendment
      Section 402 establishes the applicable definitions for 
this title.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment.

             SECTION 403. APPLICATION TO CANADA AND MEXICO

Present Law
      Article 1902 of the North American Free Trade Agreement 
(NAFTA) (19 U.S.C. 3438) states that any amendments to title 
VII of the Tariff Act of 1930, or to any other statute which 
provides for judicial review of determinations under that title 
or the standard of review to be applied, shall apply to goods 
from a NAFTA country only to the extent specified in the 
amendment.
House Amendment
      Section 403 provides that this title applies to goods 
from Canada and Mexico, the current members of NAFTA.
Senate Amendment
      Section 402(e) of the Senate amendment is the same as 
section 403 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

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

           SECTION 411. TRADE REMEDY LAW ENFORCEMENT DIVISION

Present Law
      No provision.
House Amendment
      Section 411(a) establishes within the Office of 
International Trade of CBP a Trade Law Remedy Enforcement 
Division. The Trade Law Remedy Division's duties are to: 
develop and administer policies to prevent and counter evasion; 
direct enforcement and compliance assessment activities 
concerning evasion; develop and conduct commercial risk 
assessment targeting with respect to potentially evading cargo 
destined for the United States; issuing Trade Alerts regarding 
evading imports; and develop policies for the application of 
single entry and continuous bonds to sufficiently protect the 
collection of antidumping and countervailing duties.
      Section 411(b) establishes the Director of the Trade Law 
Remedy Enforcement Division responsible for: directing the 
trade enforcement and compliance assessment activities of CBP 
regarding evasion; improving cooperation and the exchange of 
information between CBP, ICE, and other relevant agencies 
regarding evasion; notifying the Department of Commerce and the 
International Trade Commission of any findings, determinations, 
or criminal actions taken by CBP or other Federal agency 
regarding evasion; and serving as the primary liaison between 
CBP and the public regarding United States Government 
activities concerning evasion. The Director's liaison 
responsibilities include: receiving and transmitting to the 
appropriate CBP office parties' allegations of evasion; provide 
information to a party that submitted an allegation of evasion 
on the status of CBP's consideration of the allegation and 
decision to pursue or not pursue any administrative inquiries 
or other actions; request from the party that submitted an 
allegation of evasion any additional information that may be 
relevant for CBP determining whether to initiate an 
administrative inquiry or take any other action regarding the 
allegation; notify on a timely basis the party that submitted 
such an allegation of the results of any administrative, civil 
or criminal actions taken by CBP or other Federal agency 
regarding evasion as a direct or indirect result of the 
allegation; provide technical assistance and advice to eligible 
small businesses to enable such businesses to prepare and 
submit allegations of evasion; develop guidelines on the types 
and nature of information that may be provided in allegations 
of evasion; and regularly consult with relevant parties and 
organizations regarding the development and implementation of 
regulations, interpretations, and policies related to 
countering evasion.
      Section 411(c) establishes within the Trade Remedy Law 
Enforcement Division a National Targeting and Analysis Group 
(NTAG) dedicated to preventing and countering evasion through 
establishing targeted risk assessment methodologies and 
standards.
      Section 411(d) requires the Director of the Trade Remedy 
Law Enforcement Division to issue Trade Alerts to port 
directors as required to inspect imported merchandise, require 
additional bonds, and take other actions necessary to prevent 
evasion.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment, 
except also adding that the duties of the Trade Remedy Law 
Enforcement Division and its director include those policies 
and activities related to implementing section 517 of the 
Tariff Act of 1930, as added by section 421 of this Act. The 
conference agreement establishes the Trade Law Remedy 
Enforcement Division in the Office of Trade, the successor 
office to the Office of International Trade.

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

Present Law
      No provision.
House Amendment
      Section 412(a) directs CBP to exercise all existing 
information collection authorities to identify evasion and 
authorizes CBP to issue questionnaires to collect information 
on alleged evasion from persons who have information relevant 
to an allegation of evasion.
      If a person fails to cooperate to provide requested 
information, section 412(b) authorizes CBP to apply an adverse 
inference against the interests of that party in determining if 
evasion occurred.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment, 
except also clarifying that an adverse inference may be used 
with respect to a person alleged to have entered covered 
merchandise through evasion, or a foreign producer or exporter 
of covered merchandise alleged to have entered through evasion 
regardless of whether another person involved in the same 
transaction or transactions has provided requested information.

                   SECTION 413. ACCESS TO INFORMATION

Present Law
      Section 777(b)(1)(A)(ii) of the Trade Act of 1930, at 19 
U.S.C. 1677f(b)(1)(A)(ii), authorizes the Department of 
Commerce and the International Trade Commission to transfer to 
CBP information that was designated proprietary by the person 
submitting the information, for purposes of conducting an 
investigation regarding fraud.
House Amendment
      Section 413(a) amends section 777(b)(1)(A)(ii) of the 
Trade Act of 1930 by allowing the Department of Commerce and 
the International Trade Commission to transfer information 
designated proprietary by the person submitting the information 
to CBP for investigations of negligence and gross negligence, 
rather than just for fraud.
      Section 413(b) authorizes the Secretary of the Treasury 
to provide to the Department of Commerce or the International 
Trade Commission any information that would enable the 
Department of Commerce or the International Trade Commission to 
assist in identifying imports evading antidumping or 
countervailing duties.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment.

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

Present Law
      No provision.
House Amendment
      Section 414(a) requires the negotiation of bilateral 
agreements with other countries' customs authorities to 
cooperate on preventing evasion. These agreements should 
include provisions allowing the sharing of information to 
determine if evasion occurred, verification of such 
information, allowing officials from the importing country to 
participate in such verifications, and, if a country refuses to 
allow officials from an importing country to participate in a 
verification, allowing the importing country to take such lack 
of cooperation into account in its trade enforcement and 
compliance activities.
      Section 414(b) allows CBP to take into account whether a 
country is a party to a bilateral agreement regarding 
cooperation on evasion and the extent to which that country is 
cooperating under such an agreement for the purposes of trade 
enforcement and compliance assessment of that country's exports 
regarding potential evasion.
      Section 414(c) requires an annual report to Congress on 
the status of ongoing negotiations of bilateral cooperation 
agreements regarding evasion, the terms of any such completed 
agreements, and any cooperation and other activities conducted 
as a result of such agreements.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment.

               SECTION 415. TRADE NEGOTIATING OBJECTIVES

Present Law
      No provision.
House Amendment
      Section 415 establishes obtaining the commitments for 
cooperation on evasion described in section 414 as a 
negotiating objective for current trade agreements under 
negotiation and future agreements.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment.

       Subtitle B--Investigation of Evasion of Trade Remedy Laws

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

Present Law
      No provision.
House Amendment
      Section 421 grants the Department of Commerce the 
authority to administratively investigate evasion and order CBP 
to collect or preserve for collection antidumping and 
countervailing duties owed on evading imports. In addition to 
defining required terms, section 421(a) excludes from these 
investigations evasion that is the result of clerical errors 
unless the errors reflect a pattern of negligent conduct.
      Section 421(b) establishes the procedures for evasion 
investigations. The Department of Commerce may self-initiate an 
evasion investigation, or may initiate an investigation as a 
result of an adequate petition from an interested party or a 
referral from CBP. CBP is required to refer a matter to the 
Department of Commerce if CBP has information that evasion 
occurred, but cannot determine if the merchandise is in fact 
subject to an antidumping or countervailing duty order. The 
Department of Commerce has 30 days after receiving a petition 
or referral to determine whether to initiate an investigation. 
The Department of Commerce is to notify CBP if it initiates an 
evasion investigation as a result of a petition from an 
interested party.
      CBP is required to provide documents and information 
requested by the Department of Commerce for an evasion 
investigation within 10 days after the request and these 
documents and information will be available to authorized 
representatives of interested parties under an administrative 
protective order. If an authorized representative of an 
interested party has access to business proprietary information 
from another Department of Commerce proceeding under an 
administrative protective order issued in that proceeding and 
this information is relevant to an evasion investigation, the 
authorized representative may submit this information on the 
record of the evasion investigation. The Department of Commerce 
is authorized to issue questionnaires to interested parties in 
an evasion investigation and to make an adverse inference 
against a party that fails to cooperate to the best of its 
ability.
      The Department of Commerce is to issue a preliminary 
determination of whether there is a reasonable basis to believe 
or suspect evasion within 90 days after initiation of the 
investigation and a final determination of evasion within 300 
days after initiation. If the Department of Commerce makes an 
affirmative preliminary determination of evasion, CBP is to 
suspend liquidation of entries of evading merchandise on or 
after the preliminary determination and any unliquidated 
entries before that date. A cash deposit is also required for 
such entries reflecting the applicable rates previously 
determined by the Department of Commerce.
      If the Department of Commerce makes an affirmative final 
determination of evasion, CBP is to assess the applicable 
antidumping and countervailing duties on entries of evading 
merchandise, including such entries that were already 
liquidated, and to review and reassess the amount of bond or 
other security the importer must post for entries of such 
merchandise on or after the date of the final determination. 
The Department of Commerce may also instruct CBP to require a 
cash deposit or bond on entries of such merchandise on or after 
the date of the final determination in the amount of 
antidumping and countervailing duties potentially owed on the 
merchandise. If the Department of Commerce cannot determine the 
amount of the applicable antidumping and countervailing duty 
rate or cash deposit because the actual producer or exporter of 
the merchandise is unknown, then the highest amount for any 
producer or exporter will be applied. If the Department of 
Commerce makes a negative final determination of evasion, then 
any suspension of liquidation is ended and any cash deposits 
refunded. The preliminary and final determinations in an 
evasion investigation are to be published in the Federal 
Register, as well as the notice of initiation of such an 
investigation.
      If the Department of Commerce makes an affirmative 
preliminary or final determination of evasion, it is required 
to transmit the administrative record of the investigation to 
CBP and any other agency that requests the administrative 
record. After making a final determination, the Department of 
Commerce may also provide importers information discovered in 
an investigation that would help educate importers on complying 
with importing merchandise in accordance with U.S. laws and 
regulations.
      The Department of Commerce and CBP are to establish 
procedures to maximize cooperation and communication between 
the two agencies to quickly, efficiently, and accurately 
investigation allegations of evasion. The Department of 
Commerce will issue annual reports to Congress on the conduct 
of evasion investigations.
      Section 421(b) makes a technical amendment to the table 
of contents for title VII of the Trade Act of 1930 to reflect 
this subtitle.
      Section 421(c) establishes that the Department of 
Commerce's final determination in an evasion investigation is 
subject to judicial review by the U.S. Court of International 
Trade.
      Section 421(d) instructs the Department of Commerce and 
CBP to issue regulations to implement this subtitle.
      Section 421(e) provides that the amendments in this 
subtitle are effective 180 days after enactment and applies to 
merchandise entered on or after the date of enactment.
Senate Amendment
      Section 402 requires that if the Commissioner makes an 
affirmative determination of evasion, the Commissioner shall: 
1) suspend the liquidation of any unliquidated entries of the 
covered merchandise that is the subject of the allegation 
entered between the date of initiation and the date of the 
determination; 2) extend the period for liquidating any 
unliquidated entries of merchandise that entered before the 
initiation of the investigation; 3) notify Commerce of the 
determination and request that Commerce determine the 
appropriate duty rates for such covered merchandise; 4) require 
importers of such covered merchandise to post cash deposits and 
assess duties on the covered merchandise as directed by 
Commerce; and 5) take such additional enforcement measures as 
the Commissioner deems appropriate, including initiating 
proceedings for related violations of law, modifying CBP's 
procedures for identifying future evasion, requiring a deposit 
of estimated duties on future entries, and referring the matter 
to ICE for civil or criminal investigation. The section also 
requires the Department of Commerce to promptly provide the 
Commissioner with cash deposit rates and antidumping and 
countervailing duty rates, and establishes a special rule for 
cases in which the producer or exporter is unknown.
      Under section 402, the Commissioner must determine within 
90 calendar days of initiation of an evasion investigation 
whether there is a reasonable suspicion that entries of covered 
merchandise that are the subject of the allegation were entered 
through evasion. If the Commissioner decides there is a 
reasonable suspicion, the Commissioner shall: 1) suspend the 
liquidation of any unliquidated entries of the covered 
merchandise entered after the date of initiation; 2) extend the 
period for liquidating any unliquidated entries of merchandise 
that entered before the initiation of the investigation; and 3) 
take any additional measures necessary to protect the ability 
to collect appropriate duties, which may include requiring a 
single transaction bond or posting cash deposits with respect 
to entries of covered merchandise.
      Section 402 requires that if the Commissioner makes an 
affirmative determination of evasion, the Commissioner shall 
(1) suspend the liquidation of any unliquidated entries of the 
covered merchandise that is the subject of the allegation 
entered between the date of initiation and the date of the 
determination; (2) extend the period for liquidating any 
unliquidated entries of merchandise that entered before the 
initiation of the investigation; (3) notify Commerce of the 
determination and request that Commerce determine the 
appropriate duty rates for such covered merchandise; (4) 
require importers of such covered merchandise to post cash 
deposits and assess duties on the covered merchandise as 
directed by Commerce; and (5) take such additional enforcement 
measures as the Commissioner deems appropriate, including 
initiating proceedings for related violations of law, modifying 
CBP's procedures for identifying future evasion, requiring a 
deposit of estimated duties on future entries, and referring 
the matter to ICE for civil or criminal investigation. The 
section also requires the Department of Commerce to promptly 
provide the Commissioner with cash deposit rates and 
antidumping and countervailing duty rates, and establishes a 
special rule for cases in which the producer or exporter is 
unknown.
      Under section 402, the Commissioner must determine within 
90 calendar days of initiation of an evasion investigation 
whether there is a reasonable suspicion that entries of covered 
merchandise that are the subject of the allegation were entered 
through evasion. If the Commissioner decides there is a 
reasonable suspicion, the Commissioner shall (1) suspend the 
liquidation of any unliquidated entries of the covered 
merchandise entered after the date of initiation; (2) extend 
the period for liquidating any unliquidated entries of 
merchandise that entered before the initiation of the 
investigation; and (3) take any additional measures necessary 
to protect the ability to collect appropriate duties, which may 
include requiring a single transaction bond or posting cash 
deposits with respect to entries of covered merchandise.
      Section 402 provides a period of 30 business days for 
interested party who made the allegation of evasion or the 
importer of the covered merchandise alleged to have entered the 
merchandise subject to the evasion determination to request de 
novo administrative review by the Commissioner after 
notification of a determination. Section 402 establishes that 
judicial review shall be available to the interested party 
alleging evasion or the party found to have entered merchandise 
subject to the investigation through evasion of any 
administrative review of the evasion determination by CBP. 
Section 402 also sets out a rule of construction with respect 
to other civil and criminal proceedings so that no 
determination under subsection (c) or action taken by the 
Commissioner pursuant to the section shall be construed to 
limit the authority to carry out, or the scope of, any other 
proceeding or investigation pursuant to any other provision of 
Federal or State law.
Conference Agreement
      The conference agreement follows the Senate amendment 
except for the following changes. The definition of the term 
``interested party'' is expanded to include 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.
      The Commissioner has 15 business days after receiving an 
evasion allegation or a referral to determine whether to 
initiate an investigation.
      If the Commissioner is unable to determine whether the 
merchandise at issue is covered merchandise, the Commissioner 
shall refer the matter to the Department of Commerce to 
determine whether the merchandise is covered merchandise. The 
Department of Commerce is to make this determination pursuant 
to its applicable statutory and regulatory authority, and the 
determination shall be subject to judicial review under 19 
U.S.C. 1516a(a)(2). The Conferees intend that such 
determinations include whether the merchandise at issue is 
subject merchandise under 19 U.S.C. 1677j. The time required 
for the Department of Commerce to determine whether the 
merchandise at issue is covered merchandise shall not be 
counted in calculating any deadlines under the procedures 
created by this section.
      The Commissioner has 300 calendar days after the date on 
which an evasion investigation was initiated to make a 
determination as to whether the covered merchandise was entered 
through evasion. If the Commissioner concludes that the 
investigation is extraordinarily complicated and additional 
time is necessary to make a determination, then the Commission 
may extend the time to make a determination by no more than 60 
calendar days.
      It is clarified that an adverse inference may be used 
with respect to a person alleged to have entered covered 
merchandise through evasion, or a foreign producer or exporter 
of covered merchandise alleged to have entered through evasion 
regardless of whether another person involved in the same 
transaction or transactions has provided requested information.
      The standard of review for judicial review of an 
investigation is clarified to be whether the Commissioner fully 
complied with all procedures in making a determination and 
conducting an administrative review of that determination and 
whether any determination, finding, or conclusion is arbitrary, 
capricious, or an abuse of discretion. Other technical changes 
were made to the judicial review provision.

          SECTION 422. GOVERNMENT ACCOUNTABILITY OFFICE REPORT

Present Law
      No provision.
House Amendment
      Section 422 directs the Government Accountability Office 
to submit to Congress a report on the effectiveness of the 
provisions made by this title and the actions by the Department 
of Commerce and CBP pursuant to this title.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement does not contain this section. 
Under the House amendment, the Department of Commerce would 
conduct evasion investigations, and the primary purpose of the 
report was to monitor the cooperation of the Department of 
Commerce and CBP in the Department of Commerce's conduct of 
such investigations. This report is not required under the 
Conference Agreement because the Senate amendment is being 
followed, which has CBP conduct evasion investigations.

                       Subtitle C--Other Matters

           SECTION 431. ALLOCATION AND TRAINING OF PERSONNEL

Present Law
      No provision.
House Amendment
      Section 431 requires CBP, to the maximum extent possible, 
to assign sufficient personnel responsible for preventing and 
investigating evasion and to provide adequate training for such 
personnel.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment.

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

Present Law
      No provision.
House Amendment
      Section 432(a) directs CBP, in consultation with the 
Department of Commerce and ICE, to provide Congress with an 
annual report on efforts to prevent and investigate evasion.
      The required contents of the report are described in 
section 432(b). In addition to metrics on CBP's activities, 
resource allocation and training regarding evasion, the report 
must include a description of CBP's policies and practices 
regarding evasion, any changes in such policies and practices, 
and any recommended legislative or other changes to improve the 
effectiveness of CBP in preventing and identifying evasion.
Senate Amendment
      Section 403 requires the Commissioner to submit to the 
Committee on Finance of the Senate and the Committee on Ways 
and Means of the House an annual report on the Commissioner's 
efforts to prevent and investigate the evasion of antidumping 
and countervailing duty orders.
Conference Agreement
      The conference agreement follows the Senate amendment, 
except to clarify that the report is to cover all types of 
evasion allegations and investigations. The requirement to 
report the number of investigations not completed within the 
deadlines provided in section 517 of the Tariff Act of 1930, as 
added by section 421 of this Act, is removed because the 
Commissioner is statutorily required to meet these deadlines.

         SECTION 433. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS

Present Law
      Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 
1675(a)(2)(B)) allows new exporters and producers to obtain an 
individual weighted average dumping margin or individual 
countervailing duty rate on an expedited basis. While the 
review to determine the individual margin or duty rate is being 
conducted, an importer of the new exporter or producer's 
merchandise may post a bond or security instead of a cash 
deposit for entries of that merchandise.
House Amendment
      Section 433 strikes the ability of an importer of a new 
exporter or producer's merchandise to post a bond or security 
instead of a cash deposit for entries of that merchandise while 
the Department of Commerce is determining the exporter or 
producer's individual weighted average dumping margin or 
individual countervailing duty rate. This section also adds the 
requirement that the individual weighted average dumping margin 
or individual countervailing duty rate for a new exporter or 
producer must be based on bona fide sales in the United States 
and sets out criteria to be considered in determining if such 
sales were bona fide.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment.

   Title V--Small Business Trade Issues and State Trade Coordination

                        SECTION 501. SHORT TITLE

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement sets forth the short title as 
the ``Small Business Trade Enhancement Act of 2015'' or the 
``State Trade Coordination Act.''

    SECTION 502. OUTREACH AND INPUT FROM SMALL BUSINESSES TO TRADE 
                          PROMOTION AUTHORITY

Present Law
      Per section 203 of Public Law 94-305 (15 U.S.C. 1634c), 
the Office of Advocacy within the Small Business Administration 
is statutorily charged with receiving complaints, criticisms, 
and suggestions concerning federal policies affecting small 
businesses, transmitting those complaints, criticisms and 
suggestions to the relevant federal regulatory agencies, and 
developing proposals for changes in the policies and activities 
of federal agencies as those relate to small businesses. 
However, current law does not specifically provide for 
engagement by the Office of Advocacy during the negotiation of 
trade agreements.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The Conferees agree to amend section 203 of Public Law 
94-305 (15 U.S.C. 634c) by adding certain provisions and 
requirements concerning the Office of Advocacy. In particular, 
the provision requires: 1) the Chief Counsel for Advocacy to 
convene an Interagency Working Group (IWG) not later than 30 
days after the date on which the President submits a 
notification to Congress under section 105(a) of Public Law 
114-26; 2) the IWG to include representation from the Office of 
the United States Trade Representative, the Department of 
Commerce, the Department of Agriculture, and any other federal 
agencies deemed relevant with respect to the subject of the 
trade agreement at issue; 3) the IWG to identify a diverse 
group of small entities to provide to the IWG the views of 
small businesses on the potential economic effects of the trade 
agreement at issue; and 4) the Chief Counsel for Advocacy to 
submit to relevant Committees of the Senate and the House of 
Representatives a report on the economic impacts of the trade 
agreement at issue on small entities. By assigning the Office 
of Advocacy a role in trade negotiations, the legislation will 
promote consideration of small business interests throughout 
trade negotiation processes.

               SECTION 503. STATE TRADE EXPANSION PROGRAM

Present Law
      Section 1207 of the Small Business Jobs Act of 2010 (Pub. 
L. 111-240) created a pilot State Trade and Export Promotion 
Grant Program to make grants to states to carry out export 
promotion programs for small businesses. These programs include 
a foreign trade mission, a foreign market sales trip, a 
subscription to services provided by the Department of 
Commerce, the payment of website translation fees, the design 
of international marketing media, a trade show exhibition, and 
training workshops.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The Conferees agree to rename the ``State Trade and 
Export Promotion Grant Program'' authorized by the Small 
Business Jobs Act of 2010 the ``State Trade Expansion Program'' 
(STEP); to insert STEP into section 22 of the Small Business 
Act (15 U.S.C. 652); and to authorize STEP grants at $30 
million per year through fiscal year 2020. The Conferees also 
agree to alter STEP to improve coordination between the federal 
government and the states, to authorize reverse trade missions 
and procurement of consultancy services, and to require the 
Inspector General of the Small Business Administration to 
provide to the Congress a report on STEP within 18 months of 
the first grant award.

      SECTION 504. STATE AND FEDERAL EXPORT PROMOTION COORDINATION

Present Law
      Section 2312 of the Export Enhancement Act of 1988 
(Public Law 100-418) created the Trade Promotion Coordinating 
Committee (TPCC). The TPCC provides a framework to coordinate 
and carry out certain export promotion and export financing 
programs of the United States Government.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The Conferees agree to establish a new section 2313A of 
the Export Enhancement Act of 1988, which establishes a State 
and Federal Export Promotion Coordination Working Group as a 
subcommittee of the TPCC. The subcommittee is charged with 
coordinating export promotion and export financing activities 
between the federal government and state and local governments. 
The provision further requires that the Office of International 
Trade of the Small Business Administration, in coordination 
with other members of the TPCC, submit a report to the Congress 
that includes recommendations to improve the Internet website 
Export.gov.

                 SECTION 505. STATE TRADE COORDINATION

Present law
      Section 2312 of the Export Enhancement Act of 1988 
(Public Law 100-418) created the Trade Promotion Coordinating 
Committee (TPCC), which is charged with developing a plan to 
carry out Federal export promotion and export financing 
programs. The TPCC is chaired by the Department of Commerce and 
comprised of representatives from the Office of the United 
States Trade Representative, the Small Business Administration, 
the Agency for International Development, the Trade and 
Development Program, the Overseas Private Investment 
Corporation, the Export-Import Bank of the United States, and 
the Departments of Agriculture, Energy, State, Transportation, 
and the Treasury. The President may appoint additional 
departments or agencies to the TPCC.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The Conferees agree to amend section 2312 by: 1) adding 
to the TPCC one or more new members appointed by the President 
who are representatives of state trade promotion agencies; 2) 
expanding the scope of the responsibilities of the TPCC to add 
a new Federal and State Export Promotion Coordination Plan, 
which shall develop a comprehensive plan to coordinate federal 
and state export promotion resources and strategies; and 3) 
requiring the TPCC to include, as part of its annual report, a 
survey and analysis regarding the overall effectiveness of 
Federal-state coordination and export promotion goals. Further, 
the provision requires: 1) the Department of Commerce to 
develop an annual Federal-state export strategy for each state 
that provides its export strategy; and 2) the Department of 
Commerce and the state trade promotion agencies to develop a 
coordinated set of reporting metrics on exports and to report 
annually to Congress on the results of the coordination.

              Title VI--Additional Enforcement Provisions

                     Subtitle A--Trade Enforcement

               SECTION 601. TRADE ENFORCEMENT PRIORITIES

Present Law
      No provision.
House Amendment
      Section 601 requires the Administration to identify, in 
close consultation with Congress, enforcement priorities and to 
more regularly consult with Congress on the Administration's 
enforcement strategy. This section also directs the 
Administration to focus its enforcement actions on addressing 
practices that, if eliminated, would likely have the most 
significant potential to increase economic growth of the United 
States.
Senate Amendment
      Section 601 of the Senate amendment is the same section 
601 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

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

Present Law
      Under section 307(c) of the Trade Act of 1974, a 
particular action taken under section 301 of the Trade Act of 
1974 automatically terminates after four years if neither the 
petitioner nor any representative of the domestic industry that 
benefits from such action has requested its continuation during 
the last sixty days of the four-year period.
House Amendment
      Section 602 allows the Administration, under certain 
conditions, to reinstate a retaliatory action if such action 
has terminated previously. To reinstate such action, the 
Administration must receive a request from an affected domestic 
industry and engage in a detailed analysis and robust 
consultations with Congress and the public.
Senate Amendment
      Section 602 of the Senate amendment is the same section 
602 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

                     SECTION 603. TRADE MONITORING

Present Law
      No provision.
House Amendment
      Section 603(a) requires the International Trade 
Commission to make a web-based import monitoring tool available 
that provides public access to data on the volume and value of 
goods imports for the purposes of determining if such data has 
changed over time. The data used will be from the Department of 
Commerce and any other appropriate government data, and will 
include data from the most recent quarter for which such data 
are available, plus previous quarters as practicable.
      This provision further requires the Department of 
Commerce to publish on a website monitoring reports on changes 
in the volume and value of imports and exports of goods 
categorized based on the 6-digit subheadings of the Harmonized 
Tariff Schedule of the United States. The Department of 
Commerce must also notify Congress when the reports are 
available. These reports are to published at least quarterly 
and have data for the most recent quarter for which such data 
are available, as well as previous quarters as practicable. The 
Department of Commerce is required to solicit public comment on 
the monitoring reports through the Federal Register.
      This provision is to terminate seven years after the date 
of enactment.
      Section 603(b) makes the clerical amendment of adding the 
title of this section to the table of contents for the Trade 
Act of 1974 (19 U.S.C. 2101 et. seq.).
Senate Amendment
      Section 603 of the Senate amendment is the same section 
603 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

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

Present Law
      The Office of the United States Trade Representative 
(USTR) is required to submit to Congress an Annual Report on 
Trade Agreements Program and National Trade Policy Agenda, 
pursuant to 19 U.S.C. 2213; a budget justification, pursuant to 
31 U.S.C. 1105; and an agency strategic plan, pursuant to 5 
U.S.C. 306.
House Amendment
      Section 907 requires that, in its Annual Report on Trade 
Agreements Program and National Trade Policy Agenda to 
Congress, USTR must submit additional information regarding 
USTR-led interagency programs, including the Interagency Trade 
Enforcement Center. Specifically, the section requires that 
USTR report on the objectives and priorities of all USTR-led 
interagency programs; the actions proposed, or anticipated, to 
be undertaken to achieve such objectives and priorities, 
including actions authorized under the trade laws and 
negotiations with foreign countries; the role of each Federal 
agency participating in the interagency program in achieving 
such objectives and priorities and activities of each agency 
with respect to their participation in the program; USTR's 
coordination of each participating Federal agency to more 
effectively achieve such objectives and priorities; any 
proposed legislation necessary or appropriate to achieve such 
objectives or priorities; and prior progress made in achieving 
such objectives and priorities and coordination activities.
      The section also requires that USTR submit a report to 
Congress, in conjunction with the President's budget, regarding 
its annual plan to match available agency resources with 
projected workload and provide a detailed analysis of how the 
prior year's funds were spent; identify existing and new staff 
necessary to support the functions and powers of USTR; identify 
USTR and other Federal agency staff who will be required to be 
detailed to support USTR-led interagency programs; and provide 
detailed analysis of the budgetary requirements of USTR-led 
interagency programs.
      In addition, the section requires that USTR submit to 
Congress a quadrennial plan, in conjunction with agency 
strategic plans already required under statute, with some 
additional requirements: analyzing internal quality controls 
and record management; identifying existing and new staff 
necessary to support the functions and powers of USTR; 
identifying existing USTR and other Federal agency staff who 
will be required to be detailed to support USTR-led interagency 
programs; providing an outline of budget justifications, 
including salaries, expenses, and non-personnel administrative 
costs, required under the strategic plan; providing an outline 
of budget justifications for USTR-led interagency programs. 
This quadrennial plan is required in conjunction with the 
agency strategic plan produced at the beginning of every new 
Presidential Administration; this section requires USTR to 
submit the initial report separately, on February 1, 2016.
Senate Amendment
      Section 604 establishes an Interagency Trade Enforcement 
Center (ITEC) in the Office of the United States Trade 
Representative (USTR), and provides that the main functions of 
the Center are to: 1) serve as the primary forum within the 
Federal government for the USTR and other agencies to 
coordinate the enforcement of United States trade rights under 
international trade agreements and enforcement of United States 
trade remedy laws; 2) coordinate the exchange of information 
related to potential violations of international trade 
agreements; and 3) conduct outreach to United States workers, 
businesses, and other interested persons.
      Section 604 also requires the head of the ITEC to be a 
Director who shall be appointed from among full-time senior-
level officials of USTR, and a Deputy Directory appointed by 
the Secretary of Commerce from among full-time, senior-level 
officials of Commerce. Other Federal government agencies that 
the Center coordinates with may detail or assign employees to 
the Center. The provision requires that funding and 
administrative support for the ITEC be provided by USTR. The 
Director of ITEC is required to submit an annual report to the 
Committee on Finance of the Senate and the Committee on Ways 
and Means of the House of Representatives on the actions taken 
by the Center with respect to the enforcement of U.S. trade 
rights under trade agreements in the preceding year.
Conference Agreement
      The conference agreement establishes the Interagency 
Center on Trade Implementation, Monitoring, and Enforcement 
(ICTIME) in the office of the United States Trade 
Representative. The function of ICTIME is to support the USTR 
in: 1) investigating potential disputes to be brought at the 
World Trade Organization; 2) investigating potential disputes 
to be brought under U.S. bilateral and regional trade 
agreements; 3) monitoring and enforcement activities pursuant 
to U.S. trade agreements; and 4) monitoring measures taken by 
parties during implementation of trade agreements with the 
United States. The director of ICTIME is to be appointed by the 
USTR, and additional personnel may be detailed or assigned to 
ICTIME by other Federal agencies. The conference agreement 
requires the President to annually report to Congress regarding 
the operations of ICTIME. The conference agreement also adopts 
the House provision requiring USTR to submit to Congress a 
quadrennial plan concerning quality controls and records 
management, staffing, and budgeting, with the first report due 
June 1, 2016. The commitments subject to ICTIME's monitoring 
and enforcement shall include those negotiated to address the 
interests in U.S. trade agreements of domestic manufacturers, 
services providers, farmers, ranchers, and intellectual 
property rightholders.

    SECTION 605. INCLUSION OF INTEREST IN CERTAIN DISTRIBUTIONS OF 
              ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES

Present Law
      No provision.
House Amendment
      Section 913(a) directs CBP to include in all 
distributions of collected antidumping and countervailing 
duties any and all interest earned on such duties that is, or 
was, realized through any payments received on or after October 
1, 2014 under, or in connection with, any customs bond pursuant 
to a court order or judgment, or settlement.
      Section 913(b) describes the distributions in subsection 
(a) as all distributions made on or after enactment pursuant to 
section 754 of the Trade Act of 1930 (19 USC 1675c) (as that 
section was in effect on February 7, 2006) of collected 
antidumping and countervailing duties assessed on or after 
October 1, 2000 on entries made through September 30, 2007.
Senate Amendment
      Section 609 of the Senate amendment is similar to section 
913 of the House amendment. Senate section 609(a) provides that 
the Secretary of Homeland Security shall deposit all interest 
in subsection 609(c) into the special account established under 
section 754(e) of the Tariff Act of 1930 for inclusion in 
distributions described in subsection 609(b) made on or after 
the date of the enactment of this Act.
      Section 609(b) defines distributions as those made under 
section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c) 
(repealed by subtitle F of title VII of the Deficit Reduction 
Act of 2005 (Public Law 109-171; 120 Stat. 154)) with respect 
to entries of merchandise made on or before September 30, 2007 
and that were unliquidated, not in litigation, and not under an 
order of liquidation on December 8, 2010.
      Section 609(c) defines interest as an amount earned on 
antidumping duties or countervailing duties distributed in 
subsection (b) that is realized through application of a 
payment received on or after October 1, 2014 by CBP or in 
connection with a customs bond pursuant to a court order or a 
settlement for any such bond. It further provides that the 
types of interest include interest accrued under section 778 or 
505(d) of the Trade Act of 1930, or equitable interest under 
common law, or interest under section 963 of the Revised 
Statutes awarded by a court against a surety under its bond for 
late payment of antidumping duties, countervailing duties, or 
other interest.
Conference Agreement
      The conference agreement follows the Senate amendment 
with a modification. The Conferees agree to describe interest 
in section 609(c) as an amount earned on antidumping duties or 
countervailing duties in subsection (b) that is realized 
through application of a payment received on or after October 
1, 2014 by CBP under, or in connection with, a customs bond 
pursuant to a court order or judgment, or a settlement with 
respect to a customs bond, including any payment to CBP with 
respect to that bond by a surety.

   SECTION 606. ILLICITLY IMPORTED, EXPORTED, OR TRAFFICKED CULTURAL 
PROPERTY, ARCHAEOLOGICAL OR ETHNOLOGICAL MATERIALS, AND FISH, WILDLIFE, 
                               AND PLANTS

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      Section 610 of the Senate amendment requires the 
Commissioner and Director of ICE to ensure that appropriate 
personnel are trained in the detection, identification, 
detention, seizure, and forfeiture of cultural property and 
archaeological or ethnological materials, and fish, wildlife 
and plants, the importation, exportation, or trafficking of 
which violates the laws of the United States.
Conference Agreement
      The conference agreement follows the Senate amendment.

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

Present Law
      Section 301 of the Trade Act of 1974 establishes 
procedures and timetables for addressing certain violations of 
U.S. rights under a trade agreement and unreasonable or 
discriminatory practices that burden or restrict U.S. commerce.
House Amendment
      No provision.
Senate Amendment
      Section 606 of the Senate amendment amends section 
301(d)(3)(B) of the Trade Act of 1974 to include, among the 
conduct that is unreasonable for purposes of taking 
discretionary action under 301(b), a persistent pattern of 
conduct by a foreign country that: 1) fails to effectively 
enforce the environmental laws of the foreign country; 2) 
waives or otherwise derogates from the environmental laws of 
the foreign country or weakens the protections afforded by such 
laws; 3) fails to provide for the judicial or administrative 
proceedings giving access to remedies for violations of the 
environmental laws of the foreign country; 4) fails to provide 
appropriate and effective sanctions or remedies for violations 
of the environmental laws of the foreign country; or 5) fails 
to effectively enforce environmental commitments under 
agreements to which the foreign country and the United States 
are a part.
Conference Agreement
      The conference agreement includes modifications to amend 
section 301(d)(3)(B) of the Trade Act of 1974 to include, among 
the types of conduct that are unreasonable for purposes of 
taking discretionary action under 301(b), actions that 
constitute a persistent pattern of conduct by the government of 
the foreign country under which that government fails to 
effectively enforce commitments under agreements 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, anti-corruption, trade remedy laws, textiles, and 
commercial partnerships to which the foreign country and the 
United States are a party.

                    SECTION 608. HONEY TRANSSHIPMENT

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      Section 608(a) requires the Commissioner of CBP to direct 
appropriate personnel and resources to address concerns that 
honey is being imported into the United States in violation of 
U.S. customs and trade laws.
      Section 608(b) requires CBP to compile a database of the 
individual characteristics of foreign honey to facilitate the 
verification of country of origin markings, and to seek to work 
with foreign governments, industry, and the Food and Drug 
Administration in compiling the database.
      Section 608(c) requires the Commissioner to submit a 
report to Congress within 180 days after enactment of the Act 
that describes and assesses the limitations in existing 
analysis capabilities of laboratories with respect to 
determining the country of origin of honey and includes any 
recommendation of the Commissioner for improving such 
capabilities.
      Section 608(d) expresses the sense of Congress that the 
Commissioner of Food and Drugs should promptly establish a 
honey national identification standard to ensure that honey 
imports are classified appropriately for duty assessment; and 
are denied entry to the United States if such imports pose a 
threat to the health or safety of consumers.
Conference Agreement
      The conference agreement follows the Senate amendment. 
The agreement of the conference on establishment of a database 
pertaining to honey transshipment reflects the unique 
geographical characteristics of honey, particularly unique 
regional pollens, that allow CBP to discern the country of 
origin of honey imported into the United States through 
currently available, cost-effective scientific methods, and 
also the importation of honey in sufficient quantity and with 
historical patterns of duty evasion to justify establishing and 
maintaining such a database.

    SECTION 609. ESTABLISHMENT OF CHIEF INNOVATION AND INTELLECTUAL 
                          PROPERTY NEGOTIATOR

Present Law
      Section 141 of the Trade Act of 1974 (19 U.S.C. 2171) 
establishes the structure, functions, powers, and personnel of 
the Office of the United States Trade Representative (USTR).
House Amendment
      No provision.
Senate Amendment
      Section 611(a) amends section 141 of the Trade Act of 
1974 (19 U.S.C. 2171) to establish a Chief Innovation and 
Intellectual Property Negotiator at USTR with the rank of 
Ambassador, who shall be appointed by the President, by and 
with the advice and consent of the Senate, 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.
      Section 611(b) amends section 5314 of title 5, United 
States Code, to set the pay for this position at Level III of 
the Executive Schedule.
      Section 611(c) requires the USTR to submit an annual 
report to the Senate Finance and Ways and Means Committees 
detailing the enforcement actions taken by USTR to ensure the 
protection of United States innovation and intellectual 
property interests, and other actions taken to advance United 
States innovation and intellectual property interests.
Conference Agreement
      The conference agreement follows the Senate amendment.

    SECTION 610. MEASURES RELATING TO COUNTRIES THAT DENY ADEQUATE 
              PROTECTION FOR INTELLECTUAL PROPERTY RIGHTS

Present Law
      Section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
requires USTR to submit to the Committees a ``Special 301 
Report'' identifying countries that deny adequate protection or 
market access for intellectual property rights.
House Amendment
      No provision.
Senate Amendment
      Section 612(a) amends section 182(d)(2) of the Trade Act 
of 1974 (19 U.S.C. 2242(d)(2)) to require USTR to identify 
foreign countries that deny adequate and effective protection 
of trade secrets.
      Section 612(b) amends section 182 of the Trade Act of 
1974 (19 U.S.C. 2242) to require USTR, within 90 days after 
submitting the annual National Trade Estimate, to develop an 
action plan for foreign countries that have spent at least one 
year on the Priority Watch List of the Special 301 Report. The 
action plan calls for such countries to meet benchmarks 
designed to assist them to achieve effective protection of 
intellectual property rights, and equitable market access for 
U.S. persons that rely upon intellectual property protections. 
This section also authorizes the President to take appropriate 
action with respect to foreign countries that fail to meet 
action plan benchmarks and requires USTR to transmit to the 
Committees a report on the action plans and the progress in 
achieving the action plan benchmarks.
Conference Agreement
      The conference agreement follows the Senate amendment, 
with the addition of allowing USTR to provide assistance to 
developing countries pursuant to Section 611.

               SECTION 611. TRADE ENFORCEMENT TRUST FUND

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      Section 607 of the Senate amendment establishes a Trade 
Enforcement Trust Fund (Trust Fund) in the Treasury of the 
United States. The provision requires the Treasury to transfer 
$15 million each fiscal year to the Trust Fund of receipts from 
antidumping and countervailing duties, and the aggregate money 
held in the Trust Fund may not exceed $30 million at any time. 
Transfers to the fund are made quarterly. The provision allows 
the United States Trade Representative to use amounts in the 
Trust Fund to enforce the provisions of and commitments and 
obligations under WTO Agreements and free trade agreements to 
which the United States is a party, monitor the implementation 
by foreign countries of the provisions and commitments and 
obligations under free trade agreements, and investigate and 
respond to petitions under section 302 of the Trade Act of 
1974. In addition, identified Federal agencies would also be 
authorized to also use amounts in the Trust Fund to ensure 
capacity building efforts undertaken by the United States 
prioritize the implementation of intellectual property, labor, 
and environmental commitments, are self-sustaining and promote 
local ownership, include performance indicators, and monitor 
and evaluate capacity building efforts.
      If a Federal agency uses amounts in the Trust Fund in 
connection with the entry into force of any free trade 
agreement, that agency must submit a report to Congress on the 
actions taken by that agency not later than 18 months after the 
agreement enters into force. It also requires the Comptroller 
General to submit a report to Congress within one year of 
enactment that contains (1) a comprehensive analysis of the 
trade enforcement expenditures of each Federal agency and (2) 
recommendations on the additional employees and resources that 
each Federal agency may need to effectively enforce free trade 
agreements that the United States is a party to.
Conference Agreement
      The conference agreement follows the Senate amendment 
with a number of changes. The conference agreement establishes 
the Trust Fund through 2026 and funds are transferred from the 
general fund. It allows the United States Trade Representative, 
on the basis of advice from the Trade Policy Committee, to use 
amounts in the Trust Fund, only as provided in appropriation 
acts, to enforce obligations under WTO Agreements and free 
trade agreements to which the United States is a party, monitor 
the implementation by foreign countries of the provisions and 
commitments and obligations under free trade agreements, 
investigate and respond to petitions under section 302 of the 
Trade Act of 1974, and to support capacity building efforts, 
including commitments and obligations related to trade in 
goods, trade in services, trade in agriculture, foreign 
investment, intellectual property, digital trade in goods and 
services and cross-border data flows, regulatory practices, 
state-owned and state-controlled enterprises, localization 
barriers to trade, labor and the environment, currency, foreign 
currency manipulation, anticorruption, trade remedy laws, 
textiles, and commercial partnerships. Additional changes are 
made with respect to reporting and definitions.
      The conferees are committed to work diligently and at the 
earliest opportunity to achieve full appropriation for the 
fund, including during the annual budget resolution process to 
assure full appropriations to the fund.

                    Title VII--Currency Manipulation

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

Present Law
      No provision.
House Amendment
      This section strengthens and complements existing 
requirements by requiring the Secretary of the Treasury to 
submit to Congress a report on the macroeconomic and currency 
exchange rate policies of each country that is a major trading 
partner of the United States and to take specific steps if it 
finds that a currency is undervalued. The report is to include: 
1) an analysis of various economic indicators for each major 
trading partner and 2) an enhanced analysis of macroeconomic 
and exchange rate policies for each major trading partner that 
satisfies certain economic criteria related to its bilateral 
trade balance, current account balance, and foreign exchange 
interventions. The new report thus strengthens existing 
requirements, established in Section 3005 of the Omnibus Trade 
and Competitiveness Act of 1988, regarding reporting by the 
Secretary to Congress of international economic and exchange 
rate policies. The provisions direct the Secretary to conduct 
enhanced bilateral engagement with each country for which an 
enhanced analysis of macroeconomic and currency exchange rate 
policies is included in the report submitted by the Secretary 
to Congress. The Secretary may determine not to enhance 
bilateral engagement with a country if the Secretary determines 
that commencing enhanced bilateral engagement would have an 
adverse impact on the U.S. economy greater than the benefits of 
such engagement or would cause serious harm to the national 
security of the United States. The provision authorizes the 
President to take certain remedial actions regarding a country 
that fails to adopt appropriate policies to correct the 
identified undervaluation and surpluses, including: 1) 
restrictions on U.S. government financing; 2) restrictions on 
U.S. government procurement; 3) additional efforts at the 
International Monetary Fund; or (4) by taking into account such 
currency policies before initiating or entering into any 
bilateral or regional trade agreement negotiations.
Senate Amendment
      The Senate Amendment is similar to the House Amendment 
but contains certain variations, including variations related 
to the economic criteria associated with an enhanced analysis 
of a major trading partner, variations related to the 
objectives of enhanced bilateral engagement, and variations 
related to a decision by the Secretary not to enhance bilateral 
engagement with a country.
Conference Agreement
      The conference agreement follows the House amendment with 
modified criteria in section 701(a)(2)(B), an additional item 
in the list of actions in section 701(b)(1) from the Senate 
amendment, and modified reporting requirements.

 SECTION 702. ADVISORY COMMITTEE ON INTERNATIONAL EXCHANGE RATE POLICY

Present Law
      No provision.
House Amendment
      This section creates a nine-member advisory committee to 
advise Treasury on international exchange rates and financial 
policies and their impact on the United States. The Senate, 
House, and Administration each appoint members to the 
committee.
Senate Amendment
      Section 712 of the Senate amendment is the same as 
section 702 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

    Title VIII--Establishment of U.S. Customs and Border Protection

                        SECTION 801. SHORT TITLE

Present Law
      No provision.
House Amendment
      Section 801 sets forth the short title as the ``U.S. 
Customs and Border Protection Authorization Act.''
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment.

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

Present Law
      Section 401 of the Homeland Security Act of 2002 (HSA), 
at 6 U.S.C. 201, establishes the now-defunct Directorate for 
Border and Transportation Security headed by an Under Secretary 
for Border and Transportation Security.
      Further, section 411 of the HSA, at 6 U.S.C. 211, 
established the now-defunct United States Customs Services and 
it's head, the Commissioner of Customs, within the Department 
of Homeland Security.
House Amendment
      Section 802(a) amends section 411 of the HSA to formally 
establish U.S. Customs and Border Protection (CBP) in title 6 
of the United States Code. Section 802(a) also establishes the 
Commissioner of U.S. Customs and Border Protection as the head 
of the component, and the position of Deputy Commissioner to 
assist the Commissioner in the management of CBP.
      Additionally, section 802(a) establishes operational 
offices within CBP. These include: U.S. Border Patrol and its 
head, the Chief of U.S. Border Patrol; Office of Air and Marine 
Operations and its head, the Assistant Commissioner for the 
Office of Air and Marine Operations; the Office of Field 
Operations and its head, the Assistant Commissioner for the 
Office of Field Operations; the Office of Intelligence and its 
head, the Assistant Commissioner for the Office of 
Intelligence; the Office of International Affairs and its head, 
the Assistant Commissioner for the Office of International 
Affairs; and the Office of Internal Affairs and its head, the 
Assistant Commissioner for the Office of Internal Affairs.
      Finally, section 802(a) establishes certain Standard 
Operating Procedures, audits, and reports to be carried out and 
completed, mandates training for CBP officers and agents, 
establishes short term detention standards, and grants the 
Secretary additional authorities to establish additional 
offices and Assistant Commissioners to carry out the functions 
of CBP.
      Section 802(b) affirms that CBP shall continue to carry 
out the functions, missions, duties, and authorities that were 
vested in them prior to the passage of this act. Further, this 
subsection makes clear that rules, regulations, and policies 
issued by CBP pursuant to section 411 of the Homeland Security 
Act prior to the passage of this act shall remain in place.
      Section 802(c) clarifies that the Commissioner of CBP, as 
well as Assistant Commissioners and other CBP officials, may 
continue to serve in their roles after passage of this act.
      Section 802(d) amends 5 U.S.C. 5314 to include the 
Commissioner of CBP in place of the outdated ``Commissioner of 
Customs''' position in the Level III Executive Pay Schedule.
      Section 802(e) amends the table of contents in the 
Homeland Security Act of 2002 to reflect the changes made by 
this act.
      Section 802(f) repeals provisions in the HSA that are no 
longer necessary or have already been fulfilled. These include: 
Sec. 416, which mandated a Government Accountability Office 
report that was completed in 2003; and section 418, which 
required a report from the Secretary of the Treasury that was 
completed in 2003.
      Section 802(g) amends sections of the HSA to accurately 
reflect current titles and functions. In addition, 802(g) 
amends the HSA to maintain the Transportation Security 
Administration as a distinct entity within the Department of 
Homeland Security and grants the Secretary of Homeland Security 
the authority to discipline any employee of CBP or ICE who 
willfully deceives Congress or DHS leadership.
      Section 802(h) amends the Act of March 3, 1927, at 19 
U.S.C. 2071, et seq., to establish the Office of Trade within 
CBP, and its head, the Assistant Commissioner for the Office of 
Trade. Section 802(h) also provides for the transfer of assets, 
functions, and personnel from the Office of International Trade 
to the Office of Trade within CBP.
      Section 802(i) requires the Commissioner of CBP to issue 
a report on CBP's Business Transformation Initiative, and a 
report on personal searches conducted by CBP personnel. 802(i) 
also requires the Commissioner of CBP to conduct a Port of 
Entry Infrastructure Needs Assessment.
      Section 802(j) prohibits the Secretary of Homeland 
Security from entering into or renewing an agreement with a 
foreign government for a Trusted Traveler Program administered 
by CBP unless the Secretary certifies that the foreign 
government routinely submits information to INTERPOL's Stolen 
and Lost Travel Document (SLTD) database or otherwise makes 
such information available to the United States.
      Section 802(k) provides a sense of Congress supporting 
CBP's Foreign Language Award Program (FLAP).
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment with 
modifications.
      The Conferees agree to modify section 802(a) to specify 
that the Senate Committee on Finance will consider nominations 
of individuals to fill the position of the Commissioner of U.S. 
Customs and Border Protection. This modification will ensure 
that the Senate Committee on Finance will maintain its sole 
jurisdiction over the confirmation of the Commissioner of U.S. 
Customs and Border Protection. In addition, the duties of the 
Commissioner are expanded to require the Commissioner to: 1) 
coordinate and integrate the security, trade facilitation, and 
trade enforcement functions of U.S. Customs and Border 
Protection; 2) 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; 3) ensure the 
overall economic security of the United States is not 
diminished by efforts, activities, and programs aimed at 
securing the homeland; and 4) 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.
      The Conferees also agree to modify section 802(a) to 
specify that the head of Air and Marine Operations and the 
Office of Field Operations will be headed by an Executive 
Assistant Commissioner. In addition, U.S. Border Patrol shall 
be headed by a Chief who shall be at the level of an Executive 
Assistant Commissioner.
      With respect to the Office of International Affairs in 
section 802(a), the Conferees agree to expand the duties of the 
office to require that it shall: 1) coordinate with customs 
authorities of foreign countries with respect to trade 
facilitation and trade enforcement; 2) 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; and 3) advise the Commissioner regarding 
international agreements to which the United States is a party 
as such agreements relate to the policies and regulations of 
U.S. Customs and Border Protection.
      Furthermore, the Conferees also agree to the following 
changes to section 802(a): 1) Air and Marine Operations will 
coordinate with other appropriate agencies in detecting, 
identifying, and coordinating a response to threats to national 
security in the air domain; 2) the Executive Assistant 
Commissioner for the Office of Field Operations shall 
coordinate with the Executive Assistant Commissioner for the 
Office of Trade with respect to the trade facilitation and 
trade enforcement activities of CBP; 3) the national targeting 
center shall coordinate with the TSA, as appropriate; 4) the 
annual report on staffing for the Office of Field Operations 
may be submitted in classified form if the Executive Assistant 
Commissioner of the Office of Field Operations determines it to 
be appropriate and informs the appropriate Congressional 
committees of the reasoning for such; 5) the Office of 
Intelligence shall manage the counter-intelligence operations 
of CBP; 6) the Office of Internal Affairs is renamed the Office 
of Professional Responsibility; 7) subsection (k) of section 
411 of the Homeland Security Act is modified to state that the 
Commissioner's right to withhold required notifications due to 
national security, law enforcement, or other operational 
interests is unreviewable; and 8) the Commissioner is required 
to continue to submit to the appropriate committees any reports 
that were required to be submitted prior to the passage of this 
Act.
      Section 802(c) is modified to clarify that the 
individuals serving as Assistant Commissioners may continue to 
serve as Executive Assistant Commissioners, as appropriate.
      Section 802(h) is modified to specify that the head of 
the Office of Trade shall be an Executive Assistant 
Commissioner. In addition, the provisions specifying the pay 
and qualifications for the Executive Assistant Commissioner of 
the Office of Trade are stricken. The Conferees have also 
agreed to allow the transfer of assets, functions, personnel, 
or liabilities of the Office of International Trade to offices 
other than the Office of Trade if the appropriate committees 
are notified with the reason for such a transfer at least 90 
days prior to such transfer. Furthermore, section 802(h) is 
modified to clarify that the individual serving as the 
Assistant Commissioner may continue to serve as the Executive 
Assistant Commissioner.
      Lastly, the Conferees agree to require CBP to develop a 
plan to establish an agricultural specialist career track 
within CBP. This agreement is codified under section 802(k).

                  Subtitle B--Preclearance Operations

                        SECTION 811. SHORT TITLE

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement sets forth the short title as 
the ``Preclearance Authorization Act of 2015.''

                        SECTION 812. DEFINITION

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement defines key terms.

         SECTION 813. ESTABLISHMENT OF PRECLEARANCE OPERATIONS

Present Law
      Current law (19 U.S.C. 1629 and 8 U.S.C. 1103(a)(7)) 
provides the necessary legal authority for CBP to conduct 
customs and immigration functions (e.g., inspections, seizures, 
searches, etc.) in foreign counties.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement authorizes CBP to operate 
preclearance locations, provided an aviation security 
preclearance agreement is in effect, in foreign countries: 1) 
to prevent terrorists, instruments of terrorism, and other 
security threats from entering the United States; 2) to prevent 
inadmissible persons from entering the United States; 3) to 
ensure that merchandise destined for the United States complies 
with applicable laws; 4) to ensure the prompt processing of 
persons eligible to travel to the United States; and 5) to 
accomplish such other objectives as the Secretary determines 
are necessary to protect the United States.

        SECTION 814. NOTIFICATION AND CERTIFICATION TO CONGRESS

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement requires DHS to provide certain 
notifications and certifications to appropriate congressional 
committees.
      Section 814(a) requires the Secretary to provide to the 
appropriate congressional committees not later than 60 days 
prior to entering into a preclearance agreement with a foreign 
country the following: 1) a copy of the proposed agreement to 
establish such preclearance operations, which shall include the 
identification of the foreign country with which CBP intends to 
enter into a preclearance agreement, the location at which such 
preclearance operations will be conducted, and the terms and 
conditions for CBP personnel operating at the location; 2) an 
assessment of the impact such preclearance operations will have 
on legitimate trade and travel, including potential impacts on 
passengers traveling to the United States; 3) an assessment of 
the impacts such preclearance operations will have on CBP 
domestic port of entry staffing; 4) country-specific 
information on the anticipated homeland security benefits 
associated with establishing such preclearance operations; 5) 
information on potential security vulnerabilities associated 
with commencing such preclearance operations and mitigation 
plans to address such potential security vulnerabilities; 6) a 
CBP staffing model for such preclearance operations and plans 
for how such positions would be filled; 7) information on the 
anticipated costs over the next five fiscal years associated 
with commencing such preclearance operations; and
      Section 814(b) requires the Secretary to provide to the 
appropriate congressional committees not later than 45 days 
before entering into a preclearance agreement with a foreign 
country for preclearance operations at an airport, in addition 
to the information required in section 814(a), the following: 
1) an estimate of the date on which CBP intends to establish 
preclearance operations under such agreement, including any 
pending caveats that must be resolved before preclearance 
operations are approved; 2) the anticipated funding sources for 
preclearance operations under such agreement, and other funding 
sources considered; 3) a homeland security threat assessment 
for the country in which such preclearance operations are to be 
established; 4) information on potential economic, competitive, 
and job impacts on United States air carriers associated with 
establishing such preclearance operations; 5) details on 
information sharing mechanisms to ensure that CBP 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.
      Section 814(c) requires the Secretary to provide to the 
appropriate congressional committees not later than 60 days 
before entering into a preclearance agreement with a foreign 
country for preclearance operations at an airport, in addition 
to the information required in sections 814(a) and 814(b), the 
following: 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 at least one United States passenger carrier operates at 
such airport and the access of all United States passenger 
carriers to such preclearance operations is the same as the 
access of any non-United States passenger carrier; 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 CBP consulted with stakeholders, 
including providers of commercial air service in the United 
States, employees of such providers, security experts, and such 
other parties as the Secretary determines to be appropriate; 
and 5) a report detailing the basis for the certifications 
referred to in 1) through 4).
      Section 814(d) requires the Secretary to provide to the 
appropriate congressional committees not later than 30 days 
before entering into a substantially amended preclearance 
agreement with a foreign country a copy of the proposed 
agreement, as modified, and the justification for such 
modification.
      Section 814(e) requires the Commissioner to report to the 
appropriate congressional committees on a quarterly basis the 
number of CBP officers, by port, assigned from domestic ports 
of entry to preclearance operations and the number of these 
positions that have been filled by another hired, trained, and 
equipped CBP officer. In addition, if the CBP officer positions 
at domestic ports of entry that were reassigned to preclearance 
ports of entry have not been backfilled and the Commissioner 
determines that processing times at those domestic ports of 
entry have significantly increased, the Commissioner shall 
submit to the appropriate congressional committees not later 
than 60 days after such a determination an implementation plan 
for reducing CBP processing times at those domestic ports of 
entry. If the Commissioner fails to submit the required 
implementation plan, the Secretary would be prohibited from 
establishing additional preclearance locations until such plan 
is submitted.
      Section 814(f) allows for the reporting requirement under 
subsection (c)(5) to be submitted in classified form.

                         SECTION 815. PROTOCOLS

Present Law
      Current law (49 U.S.C. 44901(d)(4)) requires that for 
flights traveling to the U.S., checked baggage has been 
screened in accordance to an aviation security preclearance 
agreement between the U.S. and the country of departure.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement requires the TSA to rescreen 
passengers and their baggage arriving from a foreign country if 
the Administrator of TSA determines that the foreign government 
has not maintained security standards and protocols comparable 
to those at U.S. airports at the airports at which preclearance 
operations have been established.

                 SECTION 816. LOST AND STOLEN PASSPORTS

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement prohibits the establishment or 
renewal of a preclearance location with a foreign country 
unless the Secretary certifies to Congress that the foreign 
country routinely provides stolen passport information to 
INTERPOL's Stolen and Lost Travel Document database or provides 
the information to the United States through comparable 
reporting.

  SECTION 817. RECOVERY OF INITIAL U.S. CUSTOMS AND BORDER PROTECTION 
                     PRECLEARANCE OPERATIONS COSTS

Present Law
      Current law, including 8 U.S.C. 1356(i) and 7 U.S.C. 
8311(b), provides the necessary legal authority for CBP to be 
reimbursed for immigration and agriculture inspection services, 
and other preclearance costs.
      Current law, however, does not allow CBP to receive 
payments prior to services being rendered.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement allows CBP to enter into a cost 
sharing agreement with airport authorities in foreign countries 
for new preclearance locations or to maintain existing 
operations. The cost sharing agreement may provide for initial 
preclearance operations costs. These payments may be made in 
advance of the incurrence of the costs or on a reimbursable 
basis.
      Initial preclearance operations costs include: 1) hiring, 
training, and equipping new CBP officers who will be stationed 
at U.S. ports of entry or other CBP facilities to backfill CBP 
officers to be stationed at a preclearance facility (payments 
would be prohibited once such officers are permanently 
stationed domestically after being trained) and 2) visits to 
the airport authority conducted by CBP 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 CBP personnel 
attributable to such visits.

    SECTION 818. COLLECTION AND DISPOSITION OF FUNDS COLLECTED FOR 
      IMMIGRATION INSPECTION SERVICES AND PRECLEARANCE ACTIVITIES

Present Law
      Current law (8 U.S.C. 1356(i) and 7 U.S.C. 8311(b)) 
allows the reimbursement of funds for immigration and 
agricultural inspection services.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement allows CBP to be reimbursed in 
advance of providing immigration and agricultural inspection 
services for preclearance operations.

  SECTION 819. APPLICATION TO NEW AND EXISTING PRECLEARANCE OPERATIONS

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement establishes that, with the 
exception of sections 4(d), 5, 7, and 8 of this subtitle, this 
subtitle shall apply only 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 the Trade Facilitation and Trade Enforcement Act 
of 2015.

                   Title IX--Miscellaneous Provisions

                     SECTION 901. DE MINIMIS VALUE

Present Law
      Section 321(a)(2)(C) of the Tariff Act of 1930 provides 
that individuals may import up to $200 in merchandise free of 
duties into the United States.
House Amendment
      Section 901 raises the duty-free or de minimis threshold 
from $200 to $800.
Senate Amendment
      Section 901 sets out findings of Congress and a sense of 
Congress regarding thresholds for the value of articles that 
may be entered informally and free of duty into the United 
States and that the Unites States Trade Representative should 
encourage foreign countries to establish commercially 
meaningful de minimis thresholds.
      Section 901 amends section 321(a)(2)(C) of the Tariff Act 
of 1930 to raise the de minimis threshold for the Secretary of 
Treasury to permit the admission of articles duty free from 
$200 to $800.
Conference Agreement
      The conference agreement follows the Senate amendment.

    SECTION 902. CONSULTATION ON TRADE AND CUSTOMS REVENUE FUNCTIONS

Present Law
      Section 401(c) of the Safety and Accountability for Every 
Port Act (SAFE Port) requires the Secretary of Homeland 
Security to consult with the business community involved in 
international trade, including the COAC, on Department policies 
that have a significant impact on international trade and 
customs revenue functions. Furthermore, section 401(c) requires 
that the Secretary notify the appropriate congressional 
committees at least 30 days before finalizing policies or 
actions that will have a major impact on international trade 
and customs revenue functions, except if it is determined that 
it is in the interest of national security to finalize policies 
or actions prior to consultations with the business community 
and appropriate congressional committees.
House Amendment
      Section 902 amends section 401(c) of the SAFE Port Act by 
requiring the Secretary of Homeland Security to consult with 
the business community involved in international trade at least 
30 days before proposing and at least 30 days before finalizing 
any Department policies or actions that will have an impact on 
international trade and customs revenue functions. The 
amendment also extends the notice for appropriate congressional 
committees by requiring the Secretary of Homeland Security to 
provide at least 60 days notification before proposing and at 
least 60 days before finalizing Department policies or actions 
that have an impact on international trade.
Senate Amendment
      Section 902 of the Senate amendment is the same as 
section 902 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

               SECTION 903. PENALTIES FOR CUSTOMS BROKERS

Present Law
      Section 641(d)(1) of the Tariff Act of 1930 authorizes 
the Secretary of the Treasury to impose a monetary penalty or 
revoke or suspend a license or permit of any customs broker if 
the broker has acted contrary to law or regulations.
House Amendment
      Section 903 amends section 641(d)(1) of the Tariff Act of 
1930 by adding to the list of offenses as grounds for a 
monetary penalty or removal of a broker license committing or 
conspiring to commit an act of terrorism.
Senate Amendment
      Section 903 of the Senate amendment is the same as 
section 903 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

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

Present Law
      U.S. Note 3 to subchapter II of Chapter 98 of the 
Harmonized Tariff Schedule of the United States (HTS) allows a 
partial or complete duty exemption for articles returned to the 
United States, after having been exported to be advanced in 
value or improved in condition by means of repairs or 
alterations. It also allows goods to be entered duty free if 
the goods are a product of the United States when returned 
after having been exported, without having been advanced in 
value or improved in condition by any process of manufacture or 
other means while abroad.
      The article description for heading 9801.00.10 of the HTS 
establishes that products of the United States, when returned 
after having been exported without having been advanced in 
value or improved in condition by any process of manufacture or 
other means abroad, will be duty-free.
House Amendment
      Section 904(a) amends U.S. Note 3 to subchapter II of 
Chapter 98 of the HTS by modernizing existing inventory 
management rules by subtracting the value of U.S. components 
assembled into the final product that will be entered into the 
commerce of the United States for articles exported and 
returned after being improved abroad.
      Section 904(b) amends the article description for heading 
9801.00.10 of the HTS by reducing record-keeping burdens on 
goods returned to the United States without improvement abroad 
so that duties are not assessed twice.
      Section 904(c) amends subchapter I of chapter 98 of the 
HTS by inserting new heading 9801.00.11, which provides duty-
free treatment for certain U.S. government property returned to 
the United States.
Senate Amendment
      Section 904 of the Senate amendment is the same as 
section 904 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

SECTION 905. EXEMPTION FROM DUTY OF RESIDUE OF BULK CARGO CONTAINED IN 
   INSTRUMENTS OF INTERNATIONAL TRAFFIC PREVIOUSLY EXPORTED FROM THE 
                             UNITED STATES

Present Law
      No provision.
House Amendment
      Section 905 amends General Note 3(e) of the Harmonized 
Tariff Schedule of the United States (HTS) to remove from 
formal entry requirements residue of bulk cargo contained in 
instruments of international traffic (IIT) previously exported 
from the United States.
Senate Amendment
      Section 905 of the Senate amendment is the same as 
section 905 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment.

                   SECTION 906. DRAWBACK AND REFUNDS

Present Law
      Section 313 of the Tariff Act of 1930 authorizes a 
refund, known as drawback, of certain duties, internal revenue 
taxes, and certain fees collected upon the importation of 
goods. Such refunds are allowed only upon the exportation or 
destruction of goods under CBP supervision.
House Amendment
      Section 906(a) amends section 313(a) of the Tariff Act of 
1930 by establishing that the amount of drawback claimed must 
be calculated pursuant to section 313(l) of the Tariff Act of 
1930, as amended by this amendment.
      Section 906(b) amends section 313(b) of the Tariff Act of 
1930 by allowing substitution drawback for imported merchandise 
or merchandise classifiable under the same 8-digit HTS used in 
the manufacture or production of articles; establishing that 
the amount of drawback claimed must be calculated pursuant to 
section 313(l) of the Tariff Act of 1930, as amended by this 
amendment; and providing that such claim must be filed within 5 
years of the importation of the merchandise. This subsection 
further allows records kept in the normal course of business to 
be used to demonstrate the transfer of merchandise, requires a 
drawback claimant to submit a bill of materials to demonstrate 
the merchandise was incorporated into an exported article, and 
provides a special rule for sought chemical elements.
      Section 906(c) amends section 313(c) of the Tariff Act of 
1930 by extending the filing deadline for drawback claims for 
merchandise not conforming to sample or specifications to 5 
years from the date of importation. This subsection further 
establishes that the amount of drawback claimed must be 
calculated pursuant to section 313(l) of the Tariff Act of 
1930, as amended by this amendment, and allows records kept in 
the normal course of business to be used to demonstrate the 
transfer of merchandise.
      Section 906(d) amends section 313(i) of the Tariff Act of 
1930 by striking the current text and replacing it with a new 
provision requiring that a person claiming drawback based on 
exportation shall provide proof of the exportation of the 
article, that such proof shall fully establish the date and 
fact of exportation and identity of the exporter, and may be 
established either by records kept in the normal course of 
business or through an electronic export system of the United 
States Government.
      Section 906(e) amends section 313(j) of the Tariff Act of 
1930 by allowing unused drawback claims for merchandise 
classifiable under the same 8-digit HTS subheading number as 
such imported merchandise. Merchandise may not be substituted 
for imported merchandise for drawback purposes based on the 8-
digit HTS if the article description for the 8-digit HTS begins 
with the term ``other.'' In these instances, merchandise may be 
substituted for imported merchandise if such imported 
merchandise is classifiable under the same 10-digit HTS. If the 
10-digit HTS begins with the term ``other,'' then substitution 
drawback is not permissible and the drawback claimant must use 
direct identification under section 313(a) of the Tariff Act of 
1930, as amended by this Act. For unused merchandise that is 
either exported or destroyed, the Department of Commerce 
Schedule B number may be used to demonstrate that an article 
and merchandise are classifiable under the same 8-digit HTS 
without regard to whether or not the Schedule B number 
corresponds to more than one 8-digit HTS number. Furthermore, 
this subsection amends the filing deadline for drawback claims 
to be 5 years from the date of importation and establishes that 
the amount of drawback claimed must be calculated pursuant to 
section 313(l) of the Tariff Act of 1930, as amended by this 
amendment.
      Section 906(f) amends section 313(k) of the Tariff Act of 
1930 by providing that any person making a drawback claim is 
liable for the full amount of the drawback claimed. Any person 
claiming drawback shall be jointly and severally liable with 
the importer for the lesser of the amount of drawback claimed 
or the amount the importer authorized the other person to 
claim.
      Section 906(g) amends section 313(l) of the Tariff Act of 
1930 to require the Secretary of the Treasury to prescribe 
regulations for claims with respect to unused merchandise 
drawback to establish that the calculation of drawback that 
cannot exceed 99 percent of the lesser of the amount of duties, 
taxes, and fees paid with respect to the imported merchandise 
or the amount of duties, taxes, and fees that would apply to 
the exported article if the exported article were imported. 
Section 906(g) also requires the Secretary of Treasury to 
prescribe regulations for claims with respect to manufactured 
articles into which substitute merchandise is incorporated to 
establish that the calculation of drawback cannot exceed 99 
percent of the lesser of the amount of duties, taxes, and fees 
paid with respect to the imported merchandise or the amount of 
duties, taxes, and fees that would apply to the substituted 
merchandise if the substituted merchandise were imported. This 
section requires the promulgation of the necessary regulations 
within 2 years. Additionally, one year after the enactment of 
this Act, and annually thereafter until the regulations 
required under this subsection are promulgated, the Secretary 
shall submit to Congress a report on the status of the 
regulations.
      Section 906(h) amends section 313(p) of the Tariff Act of 
1930 to require evidence of transfer to be demonstrated with 
records kept in the normal course of business.
      Section 906(i) amends section 313(q) of the Tariff Act of 
1930 to require the amount of drawback shall be calculated 
pursuant to section 313(l) of the Tariff Act of 1930, as 
amended by this amendment.
      Section 906(j) amends section 313(r) of the Tariff Act of 
1930 to establish that a drawback entry shall be filed or 
applied for, as applicable, no later than 5 years after the 
date on which merchandise on which drawback is claimed was 
imported. This section also requires that all drawback claims 
be filed electronically no later than 2 years after the date of 
the enactment of this Act.
      Section 906(k) amends section 313(s) of the Tariff Act of 
1930 by allowing a drawback successor to designate unused 
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 as the basis for drawback on merchandise possessed 
by the drawback successor after the date of succession.
      Section 906(l) strikes section 313(t) of the Tariff Act 
of 1930.
      Section 906(m) amends section 313(x) of the Tariff Act of 
1930 by requiring the amount of drawback claimed pursuant to 
section 313(l) of the Tariff Act of 1930, as amended by this 
amendment, to be reduced by the value of any materials 
reclaimed during the destruction of unused merchandise.
      Section 906(n) defines key terms.
      Section 906(o) amends section 508(c)(3) of the Tariff Act 
of 1930 by requiring records for drawback claims to be 
maintained for 5 years after the date of liquidation.
      Section 906(p) requires the Government Accountability 
Office (GAO) to provide the Senate Committee on Finance and the 
House Committee on Ways and Means with a report that shall 
include: 1) an assessment of the modernization of drawback and 
refunds; 2) a description of drawback claims that were 
permissible before the enactment of the bill that are not 
permissible after, and an identification of industries most 
affected; and 3) a description of drawback claims that were not 
permissible before the enactment of this bill that are after, 
and an identification of industries most affected.
      Section 906(q) provides that the amendments made by this 
section shall take effect upon enactment of this bill and apply 
to drawback claims filed on or after the date that is 2 years 
after such enactment. This section also requires the Secretary 
of the Treasury to submit a report to Congress, no later than 
two years after enactment of this bill, on the date on which 
the Automated Commercial Environment (ACE) will be ready to 
process claims and the date on which the Automated Export 
System (AES) will be ready to accept proof of exportation. 
Lastly, this section provides for a one-year transition for 
filing drawback claims under section 313 as amended by this 
section, or under section 313 in effect before the enactment of 
this bill.
Senate Amendment
      Section 906 of the Senate amendment is the same as 
section 906 of the House amendment with exception the 
following: (1) the Senate amendment permits the substitution of 
a manufactured article that is exported or destroyed with an 
article that is classifiable under the same 8-digit HTS 
subheading; (2) the House amendment requires CBP to promulgate 
separate regulations for calculating drawback for unused 
merchandise and drawback for articles into which substitute 
merchandise is incorporated; and (3) the Senate amendment 
permits a delay in the effective date of this section if the 
Automated Commercial Environment (ACE) is not ready to process 
drawback claims within two years after the enactment of this 
Act.
Conference Agreement
      The conference agreement follows the House amendment with 
technical revisions. The Conferees agree that section 906(g) 
grants CBP the authority, in prescribing regulations for 
determining the calculation of amounts refunded as drawback, to 
permit the drawback claim to be based upon the average per unit 
duties, taxes, and fees as reported on the summary line item. 
This authority is granted to CBP solely to allow for the 
simplification of drawback claims. It is not granted to allow 
claimants to manipulate claims in order to maximize refunds to 
the detriment of the revenue of the United States. The 
Conferees grant this authority with the expectation that CBP 
and the Department of the Treasury will study the potential 
impact of such line item averaging in drafting regulations and 
will forego such averaging if it is determined that line item 
averaging will result in a significant loss to the revenue of 
the United States.
      The Conferees further clarify that the existing treatment 
of wine under section 313(j)(2) of the Tariff Act of 1930 is 
preserved, and that the amendments to the statute do not change 
this treatment. Such preservation, however, does not preclude 
the filing of drawback claims for wine under the new 
substitution drawback procedures, subject to the restrictions 
in such procedures, such as the amount of drawback that may be 
refunded when such procedures are used.
      With respect to claims for unused merchandise under 
section 906(g) (adding section 313(l)(2)(B) of the Tariff Act 
of 1930), the Conferees intend that if the exported article was 
not imported, CBP will determine the amount of duties, taxes, 
and fees applicable to the exported article by applying the 
rate of duties, taxes, and fees applicable to the imported 
merchandise by substituting the value of the imported 
merchandise for the value of the exported article. For claims 
with respect to manufactured articles into which imported or 
substitute merchandise is incorporated under section 906(g) 
(adding section 313(l)(2)(C) of the Tariff Act of 1930), the 
Conferees intend that if the manufactured exported article 
contains substitute merchandise that was not imported, CBP will 
determine the amount of duties, taxes, and fees applicable to 
the imported merchandise by substituting the value of the 
imported merchandise for the value of the substitute 
merchandise incorporated into the exported article. The goal of 
the rules established in section 906(g) (adding sections 
313(l)(2)(B) and 313(l)(2)(C) of the Tariff Act of 1930) is to 
prevent the refund of full duties, taxes, and fees on the 
importation of higher value goods upon the exportation of lower 
value goods. The Conferees do not intend a scenario in which 
the drawback claimant would not receive a refund upon the 
application of either rule, but rather intend to limit the 
refund to the lesser of the import and the export.
      Lastly, the Conferees agree that section 906(o), amending 
section 508(c)(3) of the Tariff Act of 1930, shall require 
records for drawback claims to be maintained for three years 
after the date of liquidation.

   SECTION 907. REPORT ON CERTAIN U.S. CUSTOMS AND BORDER PROTECTION 
                               AGREEMENTS

Present Law
      Section 560 of the Department of Homeland Security 
Appropriations Act of 2013 authorizes CBP to enter into certain 
reimbursable fee agreements for the provision of CBP services.
      Section 559 of the Department of Homeland Security 
Appropriations Act of 2014 establishes a pilot program 
authorizing CBP to enter into partnerships with private sector 
and government entities at ports of entry.
House Amendment
      Section 911 requires the Commissioner to submit to 
Congress a detailed annual report on each reimbursable 
agreement and public-private partnership agreement into which 
CBP enters. Each report must include: 1) a description of the 
development of the program; 2) a description of the type of 
entity with which CBP entered into the agreement and the amount 
that entity reimbursed CBP under the agreement; 3) an 
identification of the type of port of entry to which the 
agreement relates and an assessment of how the agreement 
provides economic benefits at the port of entry; 4) a 
description of the services provided by CBP under the agreement 
during the year preceding the submission of the report; 5) the 
amount of fees collected under the agreement during that year; 
6) a detailed accounting of how the fees collected under the 
agreement have been spent during that year; 7) a summary of any 
complaints or criticism received by CBP during that year 
regarding the agreement; 8) an assessment of the compliance 
with the terms of the agreement of the entity that entered into 
an agreement with CBP; 9) recommendations with respect to how 
activities conducted pursuant to the agreement could function 
more effectively or better produce economic benefits; and 10) a 
summary of the benefits to and challenges faced by CBP and the 
entity that entered into an agreement with CBP.
Senate Amendment
      Section 909 of the Senate amendment is the same as 
section 911 of the House amendment except with respect to the 
recipients of the report required in this section.
Conference Agreement
      The conference agreement follows the Senate amendment and 
House amendment with modifications. For agreements with an 
airport operator, the Conferees agree to require CBP to include 
in the annual report a detailed account of revenues collected 
by CBP to cover its operating costs at that airport from fees 
collected under the agreement and fees collected from other 
sources, including fees paid by passengers and aircraft 
operators. Further, subsection (a) is modified to require CBP 
to identify the authority under which a program operates and to 
require the reporting of the total operating expenses of a 
program, and subsection (b) is modified to cover the program 
under which CBP collects a fee for the use of customs services 
at designated facilities under 19 U.S.C. 58b. The conference 
agreement also incorporates reporting related to the 
preclearance program established by subtitle B of title VIII.

                      SECTION 908. CHARTER FLIGHTS

Present Law
      Section 13031(e)(1) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) requires CBP 
to provide customs services to passengers upon arrival in the 
United States in connection with scheduled airline flights.
House Amendment
      No provision.
Senate Amendment
      Section 910 of the Senate amendment amends current law to 
permit CBP employees to provide customs services for passengers 
and baggage on charter flights that arrive at U.S. ports of 
entry after normal operating hours, if the air carrier 
specifically requests the services at least four hours before 
the flight arrives and pays any overtime fees.
Conference Agreement
      The conference agreement follows the Senate amendment.

   SECTION 909. UNITED STATES-ISRAEL TRADE AND COMMERCIAL ENHANCEMENT

Present Law
      No provision.
House Amendment
      This section sets out U.S. policy identifying the 
importance of the bilateral U.S.-Israel trade relationship and 
establishes principal trade negotiating objectives, statements 
of policy, findings, and other provisions related to trade and 
commercial activities affecting the United States and Israel. 
This section: 1) states that among the U.S. principal trade 
negotiating objectives for proposed trade agreements with 
foreign countries is the discouragement of politically 
motivated actions to boycott, divest from, or sanction Israel 
(i.e., BDS actions); 2) sets forth various statements of policy 
regarding trade with and commercial activities affecting 
Israel, including Congress's opposition to politically 
motivated BDS actions against Israel; 3) presents various 
positive findings regarding the trade and commercial 
relationship between the United States and Israel; 4) requires 
the President to report annually to Congress on politically 
motivated BDS actions against Israel; and 5) requires that no 
U.S. court recognize or enforce any judgment by a foreign court 
against a U.S. person doing business in Israel, or any 
territory controlled by Israel, if the U.S. court determines 
that the foreign judgment is based, in whole or in part, on a 
determination by a foreign court that the U.S. person's mere 
conduct of business operations therein or with Israeli entities 
constitutes a violation of law.
Senate Amendment
      The Senate amendment contains the statements of policy 
contained in the House amendment.
Conference Agreement
      The conference agreement follows the House amendment with 
the exception of section 908(b)(8) of the House amendment 
regarding certain activities by U.S. states, which is excluded 
from the conference agreement.

SECTION 910. ELIMINATION OF CONSUMPTIVE DEMAND EXCEPTION TO PROHIBITION 
   ON IMPORTATION OF GOODS MADE WITH CONVICT LABOR, FORCED LABOR, OR 
                        INDENTURED LABOR; REPORT

Present Law
      Section 307 of the Tariff Act of 1930 prohibits the 
importation of foreign-made goods that were manufactured or 
produced by convict, forced, or indentured labor, except in 
such quantities as necessary to meet the consumptive demands of 
the United States.
House Amendment
      Section 909 eliminates the ``consumptive demand'' 
exception to the prohibition on importing goods made by 
convict, forced, or indentured labor, and requires the 
Commissioner to provide an annual report to Congress that 
includes: 1) the number of instances in which merchandise was 
denied entry pursuant to this section during the preceding 1-
year period; 2) a description of the merchandise denied entry 
pursuant to this section; and 3) such other information the 
Commissioner considers appropriate with respect to monitoring 
and enforcing compliance with this section.
Senate Amendment
      Section 912 of the Senate amendment is the same as 
section 909 of the House amendment.
Conference Agreement
      The conference agreement follows the House and Senate 
amendment.

                 SECTION 911. VOLUNTARY RELIQUIDATIONS

Present Law
      19 U.S.C. 1501 establishes that the Customs Service may 
reliquidate an entry, notwithstanding the filing of a protest, 
within 90 days from the date on which notice of the original 
liquidation is given or transmitted to the importer, the 
importer's consignee, or the importer's agent.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The Conferees agree to amend 19 U.S.C. 1501 to establish 
that CBP may reliquidate an entry, notwithstanding the filing 
of a protest, within 90 days from the date of the original 
liquidation.

    SECTION 912. TARIFF CLASSIFICATION OF RECREATIONAL PERFORMANCE 
                               OUTERWEAR

Present Law
      No provision.
House Amendment
      Section 914 of the House amendment requires the U.S. 
International Trade Commission to submit to the Senate 
Committee on Finance and House Ways and Means Committee a 
report regarding the competitiveness of the U.S. recreational 
performance outerwear industry no later than June 1, 2016.
Senate Amendment
      No provision.
Conference Agreement
      This section includes technical corrections with respect 
to HTS subheadings for recreational performance outerwear 
created in Pub. L. 114-27.

   SECTION 913. MODIFICATIONS OF DUTY TREATMENT OF PROTECTIVE ACTIVE 
                                FOOTWEAR

Present Law
      Additional U.S. Note to chapter 64 of the HTS contains 
HTS subheadings for protective active footwear, which includes 
products such as certain water resistant hiking shoes, trekking 
shoes, and train running shoes, and ensures they carry a 20 
percent duty rate. Current law requires that any staged 
reductions in duties as may be required by U.S. free trade 
agreements for athletic footwear will also apply to protective 
active footwear.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      Section 913 contains technical corrections to Additional 
U.S. Note to chapter 64.

 SECTION 914. AMENDMENTS TO BIPARTISAN CONGRESSIONAL TRADE PRIORITIES 
                     AND ACCOUNTABILITY ACT OF 2015

Present Law
      The Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015 sets forth negotiating objectives, 
procedures for consulting with Congress, and provisions for the 
consideration of trade agreements.
House Amendment
      This section amends the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015. Subsection (a) 
ensures that trade agreements do not require changes to U.S. 
immigration law or obligate the United States to grant access 
or expand access to visas issued under 8 U.S.C. 1101(a)(15). 
Subsection (b) ensures that trade agreements do not establish 
obligations for the United States regarding greenhouse gas 
emissions measures. Subsection (c) adds a negotiating objective 
related to fisheries. Subsection (d) allows the Chair and 
Ranking Member of the House and Senate Advisory Groups to each 
send up to three personnel to serve as delegates to negotiating 
rounds. Subsection (e) perfects the negotiating objective on 
human trafficking to require countries to take concrete steps 
to address trafficking. Subsection (f) makes technical 
amendments. Subsection (g) makes these amendments effective as 
if included in the enactment of the Bipartisan Congressional 
Trade Priorities and Accountability Act of 2015.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House Amendment, 
with modifications to the climate change, and fisheries 
negotiating objectives; the provisions on delegates attending 
negotiating rounds; and human trafficking.
      With regard to section 914(b), this negotiating objective 
reaffirms that, consistent with current practice, trade 
agreements are not to establish obligations for the United 
States regarding greenhouse gas emissions measures, other than 
those fulfilling the other negotiating objectives in section 
102 of the Bipartisan Congressional Trade Priorities and 
Accountability Act of 2015. This objective is not intended to 
prevent trade agreements from including generally applicable or 
horizontal commitments, such as those regarding transparency or 
nondiscrimination, that may also apply to such requirements, 
nor to prevent trade agreements from including obligations 
consistent with other negotiating objectives addressed in the 
Bipartisan Trade Priorities and Accountability Act of 2015, 
including those relating to the environment, the reduction of 
tariffs on environmental goods, or fisheries as provided in 
this Conference Report. Were an agreement to include a 
provision establishing obligations regarding U.S. greenhouse 
gas emissions measures as specified in the Conference Report, a 
bill approving the agreement should be disqualified from 
eligibility for trade authorities procedures and should be 
considered under regular order, just like an agreement that 
fails to make progress in achieving the negotiating objectives 
set forth in section 102 of the Bipartisan Congressional Trade 
Priorities and Accountability Act of 2015.
      With regard to Section 914(d), the Conference 
additionally clarifies that Members of Congress and personnel 
designated by the Chair and Ranking Member of the House and 
Senate Advisory Groups shall be delegates and official advisors 
to any trade agreement negotiating round.
      With regard to section 914(e), this provision follows the 
House Amendment with additional changes to incorporate the 
sense of Congress that the integrity of the annual trafficking 
in persons report and report process should be respected and 
should not be affected by unrelated considerations, to require 
that the President provide supporting documentation with any 
letter submitted pursuant to the exception, and to require the 
President to submit a detailed description of the credible 
evidence supporting a change in designation from tier 3 to tier 
2 watch list.

                SECTION 915. TRADE PREFERENCES FOR NEPAL

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement creates additional trade 
preferences for Nepal. The program requires Nepal to satisfy 
the eligibility criteria of the Africa Growth and Opportunity 
Act to be eligible for duty-free treatment of certain articles 
imported from Nepal. The provision is in response to the recent 
natural disaster in Nepal.

SECTION 916. AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION MEMBERS TO 
          REDUCE RATES OF DUTY ON CERTAIN ENVIRONMENTAL GOODS

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      Section 916 amends section 107 of the Trade Priorities 
and Accountability Act of 2015 to allow the President to use 
section 103(a) authorities to implement an agreement by members 
of the Asia-Pacific Economic Cooperation (APEC) forum to reduce 
any rate of duty on certain environmental goods included in 
annex C of the APEC Leaders Declaration issued on September 9, 
2012, notwithstanding the notification requirement in section 
103(a)(2). Such authority may be exercised only after the 
President notifies Congress, consistent with this provision.

  SECTION 917. AMENDMENT TO TARIFF ACT OF 1930 TO REQUIRE COUNTRY OF 
                   ORIGIN MARKING OF CERTAIN CASTINGS

Present Law
      Section 304(e) of the Tariff Act of 1930 (19 U.S.C. 
1304(e)) requires that certain products (e.g., manhole rings) 
have visible country of origin markings.
House Amendment
      No provision.
Senate Amendment
      Section 911 of the Senate amendment amends section 304(e) 
of the Tariff Act of 1930 (19 U.S.C. 1304(e)) to include inlet 
frames, tree and trench grates, lampposts, lamppost bases, cast 
utility poles, bollards, hydrants, and utility boxes in the 
list of products which must be imprinted with a country of 
origin marking. This section also amends current law by 
requiring the aforementioned marking to be in a location such 
that it will remain visible after installation.
Conference Agreement
      The conference agreement follows the Senate amendment.

    SECTION 918. INCLUSION OF CERTAIN INFORMATION IN SUBMISSION OF 
NOMINATION FOR APPOINTMENT OF DEPUTY UNITED STATES TRADE REPRESENTATIVE

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      Section 907 of the Senate amendment requires that, 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, 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.
Conference Agreement
      The conference agreement follows the Senate amendment 
with additional reporting requirements.

 SECTION 919. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF 
                              BILL PROCESS

Present Law
      No provision.
House Amendment
      No provision.
Senate Amendment
      Title VIII of the Senate amendment established a process 
for the consideration of temporary duty suspensions and 
reductions.
Conference Agreement
      The conference agreement states that it is the sense of 
Congress that the Senate Finance Committee and the House Ways 
and Means Committee are urged to advance, as soon as possible, 
after consultation with the public and Members of the Senate 
and the House of Representatives, a process for the temporary 
suspension and reduction of duties that is consistent with the 
rules of the Senate and the House.

                     SECTION 920. CUSTOMS USER FEES

Present Law
      Under section 13031(a) of the Consolidated Omnibus Budget 
Reconciliation Act of 1985, the Secretary of the Treasury is 
authorized to charge and collect fees for the provision of 
certain customs services. Pursuant to section 13031(j)(3), the 
Secretary of the Treasury may not charge fees for the provision 
of certain customs services after September 30, 2024.
House Amendment
      Section 910 amends section 13031(j)(3)(A) of the 
Consolidated Omnibus Budget Reconciliation Act of 1985 to 
extend the period that the Secretary of the Treasury may charge 
for certain customs services for imported goods from July 8, 
2025 to July 28, 2025, and extends the ad valorem rate for the 
Merchandise Processing Fee collected by CBP that offsets the 
costs incurred in processing and inspecting imports from July 
1, 2025 to July 14, 2025.
Senate Amendment
      Section 1002 of the Senate amendment is the same as 
section 910 of the House amendment.
Conference Agreement
      The conference agreement follows the House amendment and 
the Senate amendment and makes technical corrections to the 
drafting.

   SECTION 921. INCREASE IN PENALTY FOR FAILURE TO FILE RETURN OF TAX

Present Law
      The Federal tax system is one of ``self-assessment,'' 
i.e., taxpayers are required to declare their income, expenses, 
and ultimate tax due, while the IRS has the ability to propose 
subsequent changes. This voluntary system requires that 
taxpayers comply with deadlines and adhere to the filing 
requirements. While taxpayers may obtain extensions of time in 
which to file their returns, the Federal tax system consists of 
specific due dates of returns. In order to foster compliance in 
meeting these deadlines, Congress has enacted a penalty for the 
failure to timely file tax returns.\1\
---------------------------------------------------------------------------
    \1\See United States v. Boyle, 469 U.S. 241, 245 (1985).
---------------------------------------------------------------------------
      A taxpayer who fails to file a tax return on or before 
its due date is subject to a penalty equal to 5 percent of the 
net amount of tax due for each month that the return is not 
filed, up to a maximum of 25 percent of the net amount.\2\ If 
the failure to file a return is fraudulent, the taxpayer is 
subject to a penalty equal to 15 percent of the net amount of 
tax due for each month the return is not filed, up to a maximum 
of 75 percent of the net amount.\3\ The net amount of tax due 
is the amount of tax required to be shown on the return reduced 
by the amount of any part of the tax which is paid on or before 
the date prescribed for payment of the tax and by the amount of 
any credits against tax which may be claimed on the return.\4\ 
The penalty will not apply if it is shown that the failure to 
file was due to reasonable cause and not willful neglect.\5\
---------------------------------------------------------------------------
    \2\Sec. 6651(a)(1).
    \3\Sec. 6651(f).
    \4\Sec. 6651(b)(1).
    \5\Sec. 6651(a)(1).
---------------------------------------------------------------------------
      If a return is filed more than 60 days after its due 
date, and unless it is shown that such failure is due to 
reasonable cause, the failure to file penalty may not be less 
than the lesser of $135 (indexed annually for inflation) or 100 
percent of the amount required to be shown as tax on the 
return. If a penalty for failure to file and a penalty for 
failure to pay tax shown on a return both apply for the same 
month, the amount of the penalty for failure to file for such 
month is reduced by the amount of the penalty for failure to 
pay tax shown on a return.\6\ If a return is filed more than 60 
days after its due date, the penalty for failure to pay tax 
shown on a return may not reduce the penalty for failure to 
file below the lesser of $135 or 100 percent of the amount 
required to be shown on the return.\7\
---------------------------------------------------------------------------
    \6\Sec. 6651(c)(1).
    \7\Ibid.
---------------------------------------------------------------------------
      The failure to file penalty applies to all returns 
required to be filed under subchapter A of Chapter 61 (relating 
to income tax returns of an individual, fiduciary of an estate 
or trust, or corporation; self-employment tax returns, and 
estate and gift tax returns), subchapter A of chapter 51 
(relating to distilled spirits, wines, and beer), subchapter A 
of chapter 52 (relating to tobacco, cigars, cigarettes, and 
cigarette papers and tubes), and subchapter A of chapter 53 
(relating to machine guns and certain other firearms).\8\ The 
failure to file penalty does not apply to any failure to pay 
estimated tax required to be paid by sections 6654 or 6655.\9\
---------------------------------------------------------------------------
    \8\Sec. 6651(a)(1).
    \9\Sec. 6651(e).
---------------------------------------------------------------------------
House Amendment
      Under the provision, if a return is filed more than 60 
days after its due date, then the failure to file penalty may 
not be less than the lesser of $205 or 100 percent of the 
amount required to be shown as tax on the return.
      Effective date.--The provision applies to returns 
required to be filed in calendar years after 2015.
Senate Amendment
      No provision.
Conference Agreement
      The conference agreement follows the House amendment 
provision.

   SECTION 922. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND ON 
        MULTIPLE AND DISCRIMINATORY TAXES ON ELECTRONIC COMMERCE

Present Law
      The temporary moratorium on states and localities taxing 
Internet access or placing multiple and discriminatory taxes on 
Internet commerce expires on December 11, 2015.
House Amendment
      No provision.
Senate Amendment
      No provision.
Conference Agreement
      Section 922 makes permanent an existing moratorium on 
states and localities taxing Internet access or placing 
multiple and discriminatory taxes on Internet commerce. The 
existing temporary ban was first put in place in 1998. Since 
then, Congress has extended it multiple times with enormous 
bipartisan support. Section 922 converts the moratorium into a 
permanent ban--on which consumers, innovators and investors can 
permanently rely--by simply striking the 2015 end date. The 
original moratorium included a grandfather clause to give 
States that were then taxing Internet access some time to 
transition to other sources of revenue. All but six of the 
originally grandfathered states have discontinued taxing 
Internet access. Section 922 gives those states additional time 
by delaying the phase-out of the grandfathers until June 30, 
2020 which is the end of the fiscal year for states and the 
start of a new billing cycle for Internet access providers.

                             MINORITY VIEWS

      During the Senate's consideration of legislation earlier 
this year, Finance Committee Ranking Member Ron Wyden, Senator 
Bill Nelson (D-FL), and Senator Ben Cardin (D-MD), members of 
the Finance Committee, expressed their support for the 
establishment of a process whereby Congress would consider the 
merits of an extension of certain apparel Tariff Preference 
Levels (TPLs). It is the view of Senator Wyden that these 
programs can offer benefits to U.S. consumers, workers, and 
exporters, and Congress should further consider the merits of 
an extension of the Nicaragua, Bahrain, and Morocco TPLs.
                                   Kevin Brady,
                                   David Reichert,
                                   Pat Tiberi,
                                 Managers on the Part of the House.

                                   Orrin Hatch,
                                   John Cornyn,
                                   John Thune,
                                   Johnny Isakson,
                                   Ron Wyden,
                                   Debbie Stabenow,
                                Managers on the Part of the Senate.