[114th Congress Public Law 125]
[From the U.S. Government Publishing Office]
[[Page 121]]
TRADE FACILITATION AND TRADE ENFORCEMENT ACT OF 2015
[[Page 130 STAT. 122]]
Public Law 114-125
114th Congress
An Act
To reauthorize trade facilitation and trade enforcement functions and
activities, and for other purposes. <<NOTE: Feb. 24, 2016 - [H.R.
644]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress
assembled, <<NOTE: Trade Facilitation and Trade Enforcement Act of
2015. 19 USC 4301 note.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Trade Facilitation
and Trade Enforcement Act of 2015''.
(b) Table of Contents.--The table of contents for this Act is
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT
Sec. 101. Improving partnership programs.
Sec. 102. Report on effectiveness of trade enforcement activities.
Sec. 103. Priorities and performance standards for customs
modernization, trade facilitation, and trade enforcement
functions and programs.
Sec. 104. Educational seminars to improve efforts to classify and
appraise imported articles, to improve trade enforcement
efforts, and to otherwise facilitate legitimate international
trade.
Sec. 105. Joint strategic plan.
Sec. 106. Automated Commercial Environment.
Sec. 107. International Trade Data System.
Sec. 108. Consultations with respect to mutual recognition arrangements.
Sec. 109. Commercial Customs Operations Advisory Committee.
Sec. 110. Centers of Excellence and Expertise.
Sec. 111. Commercial risk assessment targeting and trade alerts.
Sec. 112. Report on oversight of revenue protection and enforcement
measures.
Sec. 113. Report on security and revenue measures with respect to
merchandise transported in bond.
Sec. 114. Importer of record program.
Sec. 115. Establishment of importer risk assessment program.
Sec. 116. Customs broker identification of importers.
Sec. 117. Priority trade issues.
Sec. 118. Appropriate congressional committees defined.
TITLE II--IMPORT HEALTH AND SAFETY
Sec. 201. Interagency import safety working group.
Sec. 202. Joint import safety rapid response plan.
Sec. 203. Training.
TITLE III--IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Sec. 301. Definition of intellectual property rights.
Sec. 302. Exchange of information related to trade enforcement.
Sec. 303. Seizure of circumvention devices.
Sec. 304. Enforcement by U.S. Customs and Border Protection of works for
which copyright registration is pending.
Sec. 305. National Intellectual Property Rights Coordination Center.
Sec. 306. Joint strategic plan for the enforcement of intellectual
property rights.
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Sec. 307. Personnel dedicated to the enforcement of intellectual
property rights.
Sec. 308. Training with respect to the enforcement of intellectual
property rights.
Sec. 309. International cooperation and information sharing.
Sec. 310. Report on intellectual property rights enforcement.
Sec. 311. Information for travelers regarding violations of intellectual
property rights.
TITLE IV--PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY
ORDERS
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Application to Canada and Mexico.
Subtitle A--Actions Relating to Enforcement of Trade Remedy Laws
Sec. 411. Trade remedy law enforcement division.
Sec. 412. Collection of information on evasion of trade remedy laws.
Sec. 413. Access to information.
Sec. 414. Cooperation with foreign countries on preventing evasion of
trade remedy laws.
Sec. 415. Trade negotiating objectives.
Subtitle B--Investigation of Evasion of Trade Remedy Laws
Sec. 421. Procedures for investigating claims of evasion of antidumping
and countervailing duty orders.
Subtitle C--Other Matters
Sec. 431. Allocation and training of personnel.
Sec. 432. Annual report on prevention and investigation of evasion of
antidumping and countervailing duty orders.
Sec. 433. Addressing circumvention by new shippers.
TITLE V--SMALL BUSINESS TRADE ISSUES AND STATE TRADE COORDINATION
Sec. 501. Short title.
Sec. 502. Outreach and input from small businesses to trade promotion
authority.
Sec. 503. State Trade Expansion Program.
Sec. 504. State and Federal Export Promotion Coordination.
Sec. 505. State trade coordination.
TITLE VI--ADDITIONAL ENFORCEMENT PROVISIONS
Sec. 601. Trade enforcement priorities.
Sec. 602. Exercise of WTO authorization to suspend concessions or other
obligations under trade agreements.
Sec. 603. Trade monitoring.
Sec. 604. Establishment of Interagency Center on Trade Implementation,
Monitoring, and Enforcement.
Sec. 605. Inclusion of interest in certain distributions of antidumping
duties and countervailing duties.
Sec. 606. Illicitly imported, exported, or trafficked cultural property,
archaeological or ethnological materials, and fish, wildlife,
and plants.
Sec. 607. Enforcement under title III of the Trade Act of 1974 with
respect to certain acts, policies, and practices.
Sec. 608. Honey transshipment.
Sec. 609. Establishment of Chief Innovation and Intellectual Property
Negotiator.
Sec. 610. Measures relating to countries that deny adequate protection
for intellectual property rights.
Sec. 611. Trade Enforcement Trust Fund.
TITLE VII--ENGAGEMENT ON CURRENCY EXCHANGE RATE AND ECONOMIC POLICIES
Sec. 701. Enhancement of engagement on currency exchange rate and
economic policies with certain major trading partners of the
United States.
Sec. 702. Advisory Committee on International Exchange Rate Policy.
TITLE VIII--MATTERS RELATING TO U.S. CUSTOMS AND BORDER PROTECTION
Subtitle A--Establishment of U.S. Customs and Border Protection
Sec. 801. Short title.
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Sec. 802. Establishment of U.S. Customs and Border Protection.
Subtitle B--Preclearance Operations
Sec. 811. Short title.
Sec. 812. Definitions.
Sec. 813. Establishment of preclearance operations.
Sec. 814. Notification and certification to Congress.
Sec. 815. Protocols.
Sec. 816. Lost and stolen passports.
Sec. 817. Recovery of initial U.S. Customs and Border Protection
preclearance operations costs.
Sec. 818. Collection and disposition of funds collected for immigration
inspection services and preclearance activities.
Sec. 819. Application to new and existing preclearance operations.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. De minimis value.
Sec. 902. Consultation on trade and customs revenue functions.
Sec. 903. Penalties for customs brokers.
Sec. 904. Amendments to chapter 98 of the Harmonized Tariff Schedule of
the United States.
Sec. 905. Exemption from duty of residue of bulk cargo contained in
instruments of international traffic previously exported from
the United States.
Sec. 906. Drawback and refunds.
Sec. 907. Report on certain U.S. Customs and Border Protection
agreements.
Sec. 908. Charter flights.
Sec. 909. United States-Israel trade and commercial enhancement.
Sec. 910. Elimination of consumptive demand exception to prohibition on
importation of goods made with convict labor, forced labor,
or indentured labor; report.
Sec. 911. Voluntary reliquidations by U.S. Customs and Border
Protection.
Sec. 912. Tariff classification of recreational performance outerwear.
Sec. 913. Modifications to duty treatment of protective active footwear.
Sec. 914. Amendments to Bipartisan Congressional Trade Priorities and
Accountability Act of 2015.
Sec. 915. Trade preferences for Nepal.
Sec. 916. Agreement by Asia-Pacific Economic Cooperation members to
reduce rates of duty on certain environmental goods.
Sec. 917. Amendment to Tariff Act of 1930 to require country of origin
marking of certain castings.
Sec. 918. Inclusion of certain information in submission of nomination
for appointment as Deputy United States Trade Representative.
Sec. 919. Sense of Congress on the need for a miscellaneous tariff bill
process.
Sec. 920. Customs user fees.
Sec. 921. Increase in penalty for failure to file return of tax.
Sec. 922. Permanent moratorium on Internet access taxes and on multiple
and discriminatory taxes on electronic commerce.
SEC. 2. <<NOTE: 19 USC 4301.>> DEFINITIONS.
In this Act:
(1) Automated commercial environment.--The term ``Automated
Commercial Environment'' means the Automated Commercial
Environment computer system authorized under section 13031(f)(4)
of the Consolidated Omnibus Budget Reconciliation Act of 1985
(19 U.S.C. 58c(f)(4)).
(2) Commercial operations of u.s. customs and border
protection.--The term ``commercial operations of U.S. Customs
and Border Protection'' includes--
(A) administering any customs revenue function (as
defined in section 415 of the Homeland Security Act of
2002 (6 U.S.C. 215));
(B) coordinating efforts of the Department of
Homeland Security with respect to trade facilitation and
trade enforcement;
(C) coordinating with the Director of U.S.
Immigration and Customs Enforcement with respect to--
(i) investigations relating to trade
enforcement; and
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(ii) the development and implementation of the
joint strategic plan required by section 105;
(D) coordinating, on behalf of the Department of
Homeland Security, efforts among Federal agencies to
facilitate legitimate trade and to enforce the customs
and trade laws of the United States, including
representing the Department of Homeland Security in
interagency fora addressing such efforts;
(E) coordinating with customs authorities of foreign
countries to facilitate legitimate international trade
and enforce the customs and trade laws of the United
States and the customs and trade laws of foreign
countries;
(F) collecting, assessing, and disseminating
information as appropriate and in accordance with any
law regarding cargo destined for the United States--
(i) to ensure that such cargo complies with
the customs and trade laws of the United States;
and
(ii) to facilitate the legitimate
international trade of such cargo;
(G) soliciting and considering on a regular basis
input from private sector entities, including the
Commercial Customs Operations Advisory Committee
established by section 109 and the Trade Support
Network, with respect to, as appropriate--
(i) the implementation of changes to the
customs and trade laws of the United States; and
(ii) the development, implementation, or
revision of policies or regulations administered
by U.S. Customs and Border Protection; and
(H) otherwise advising the Secretary of Homeland
Security with respect to the development of policies
associated with facilitating legitimate trade and
enforcing the customs and trade laws of the United
States.
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of U.S. Customs and Border Protection, as described
in section 411(b) of the Homeland Security Act of 2002, as
amended by section 802(a) of this Act.
(4) Customs and trade laws of the united states.--The term
``customs and trade laws of the United States'' includes the
following:
(A) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.).
(B) Section 249 of the Revised Statutes (19 U.S.C.
3).
(C) Section 2 of the Act of March 4, 1923 (42 Stat.
1453, chapter 251; 19 U.S.C. 6).
(D) The Act of March 3, 1927 (44 Stat. 1381, chapter
348; 19 U.S.C. 2071 et seq.).
(E) Section 13031 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c).
(F) Section 251 of the Revised Statutes (19 U.S.C.
66).
(G) Section 1 of the Act of June 26, 1930 (46 Stat.
817, chapter 617; 19 U.S.C. 68).
(H) The Act of June 18, 1934 (48 Stat. 998, chapter
590; 19 U.S.C. 81a et seq.; commonly known as the
``Foreign Trade Zones Act'').
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(I) Section 1 of the Act of March 2, 1911 (36 Stat.
965, chapter 191; 19 U.S.C. 198).
(J) The Trade Act of 1974 (19 U.S.C. 2101 et seq.).
(K) The Trade Agreements Act of 1979 (19 U.S.C. 2501
et seq.).
(L) The North American Free Trade Agreement
Implementation Act (19 U.S.C. 3301 et seq.).
(M) The Uruguay Round Agreements Act (19 U.S.C. 3501
et seq.).
(N) The Caribbean Basin Economic Recovery Act (19
U.S.C. 2701 et seq.).
(O) The Andean Trade Preference Act (19 U.S.C. 3201
et seq.).
(P) The African Growth and Opportunity Act (19
U.S.C. 3701 et seq.).
(Q) The Customs Enforcement Act of 1986 (Public Law
99-570; 100 Stat. 3207-79).
(R) The Customs and Trade Act of 1990 (Public Law
101-382; 104 Stat. 629).
(S) The Customs Procedural Reform and Simplification
Act of 1978 (Public Law 95-410; 92 Stat. 888).
(T) The Trade Act of 2002 (Public Law 107-210; 116
Stat. 933).
(U) The Convention on Cultural Property
Implementation Act (19 U.S.C. 2601 et seq.).
(V) The Act of March 28, 1928 (45 Stat. 374, chapter
266; 19 U.S.C. 2077 et seq.).
(W) The Act of August 7, 1939 (53 Stat. 1262,
chapter 566).
(X) The Bipartisan Congressional Trade Priorities
and Accountability Act of 2015 (Public Law 114-26; 19
U.S.C. 4201 et seq.).
(Y) The Trade Preferences Extension Act of 2015
(Public Law 114-27; 129 Stat. 362).
(Z) Any other provision of law implementing a trade
agreement.
(AA) Any other provision of law vesting customs
revenue functions in the Secretary of the Treasury.
(BB) Any other provision of law relating to trade
facilitation or trade enforcement that is administered
by U.S. Customs and Border Protection on behalf of any
Federal agency that is required to participate in the
International Trade Data System established under
section 411(d) of the Tariff Act of 1930 (19 U.S.C.
1411(d)).
(CC) Any other provision of customs or trade law
administered by U.S. Customs and Border Protection or
U.S. Immigration and Customs Enforcement.
(5) Private sector entity.--The term ``private sector
entity'' means--
(A) an importer;
(B) an exporter;
(C) a forwarder;
(D) an air, sea, or land carrier or shipper;
(E) a contract logistics provider;
(F) a customs broker; or
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(G) any other person (other than an employee of a
government) affected by the implementation of the
customs and trade laws of the United States.
(6) Trade enforcement.--The term ``trade enforcement'' means
the enforcement of the customs and trade laws of the United
States.
(7) Trade facilitation.--The term ``trade facilitation''
refers to policies and activities of U.S. Customs and Border
Protection with respect to facilitating the movement of
merchandise into and out of the United States in a manner that
complies with the customs and trade laws of the United States.
TITLE I--TRADE FACILITATION AND TRADE ENFORCEMENT
SEC. 101. <<NOTE: 19 USC 4311.>> IMPROVING PARTNERSHIP PROGRAMS.
(a) In General.--In order to advance the security, trade
enforcement, and trade facilitation missions of U.S. Customs and Border
Protection, the Commissioner shall ensure that partnership programs of
U.S. Customs and Border Protection established before the date of the
enactment of this Act, such as the Customs-Trade Partnership Against
Terrorism established under subtitle B of title II of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), and
partnership programs of U.S. Customs and Border Protection established
on or after such date of enactment, provide trade benefits to private
sector entities that meet the requirements for participation in those
programs established by the Commissioner under this section.
(b) Elements.--In developing and operating partnership programs
under subsection (a), the Commissioner shall--
(1) <<NOTE: Consultation.>> consult with private sector
entities, the public, and other Federal agencies when
appropriate, to ensure that participants in those programs
receive commercially significant and measurable trade benefits,
including providing preclearance of merchandise for qualified
persons that demonstrate the highest levels of compliance with
the customs and trade laws of the United States, regulations of
U.S. Customs and Border Protection, and other requirements the
Commissioner determines to be necessary;
(2) ensure an integrated and transparent system of trade
benefits and compliance requirements for all partnership
programs of U.S. Customs and Border Protection;
(3) consider consolidating partnership programs in
situations in which doing so would support the objectives of
such programs, increase participation in such programs, enhance
the trade benefits provided to participants in such programs,
and enhance the allocation of the resources of U.S. Customs and
Border Protection;
(4) <<NOTE: Coordination.>> coordinate with the Director of
U.S. Immigration and Customs Enforcement, and other Federal
agencies with authority to detain and release merchandise
entering the United States--
(A) to ensure coordination in the release of such
merchandise through the Automated Commercial
Environment, or its predecessor, and the International
Trade Data
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System established under section 411(d) of the Tariff
Act of 1930 (19 U.S.C. 1411(d));
(B) to ensure that the partnership programs of those
agencies are compatible with the partnership programs of
U.S. Customs and Border Protection;
(C) <<NOTE: Criteria.>> to develop criteria for
authorizing the release, on an expedited basis, of
merchandise for which documentation is required from one
or more of those agencies to clear or license the
merchandise for entry into the United States; and
(D) to create pathways, within and among the
appropriate Federal agencies, for qualified persons that
demonstrate the highest levels of compliance with the
customs and trade laws of the United States to receive
immediate clearance absent information that a
transaction may pose a national security or compliance
threat; and
(5) ensure that trade benefits are provided to participants
in partnership programs.
(c) <<NOTE: Summaries.>> Report Required.--Not later than the date
that is 180 days after the date of the enactment of this Act, and not
later than December 31 of each calendar year thereafter, the
Commissioner shall submit to the appropriate congressional committees a
report that--
(1) identifies each partnership program referred to in
subsection (a);
(2) for each such program, identifies--
(A) the requirements for participants in the
program;
(B) the commercially significant and measurable
trade benefits provided to participants in the program;
(C) the number of participants in the program; and
(D) in the case of a program that provides for
participation at multiple tiers, the number of
participants at each such tier;
(3) identifies the number of participants enrolled in more
than one such partnership program;
(4) <<NOTE: Assessment.>> assesses the effectiveness of
each such partnership program in advancing the security, trade
enforcement, and trade facilitation missions of U.S. Customs and
Border Protection, based on historical developments, the level
of participation in the program, and the evolution of benefits
provided to participants in the program;
(5) summarizes the efforts of U.S. Customs and Border
Protection to work with other Federal agencies with authority to
detain and release merchandise entering the United States to
ensure that partnership programs of those agencies are
compatible with partnership programs of U.S. Customs and Border
Protection;
(6) summarizes criteria developed with those agencies for
authorizing the release, on an expedited basis, of merchandise
for which documentation is required from one or more of those
agencies to clear or license the merchandise for entry into the
United States;
(7) summarizes the efforts of U.S. Customs and Border
Protection to work with private sector entities and the public
to develop and improve such partnership programs;
(8) describes measures taken by U.S. Customs and Border
Protection to make private sector entities aware of the trade
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benefits available to participants in such partnership programs;
and
(9) summarizes the plans, targets, and goals of U.S. Customs
and Border Protection with respect to such partnership programs
for the 2 years following the submission of the report.
SEC. 102. REPORT ON EFFECTIVENESS OF TRADE ENFORCEMENT ACTIVITIES.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report on the
effectiveness of trade enforcement activities of U.S. Customs and Border
Protection.
(b) Contents.--The report required by subsection (a) shall include--
(1) a description of the use of resources, results of audits
and verifications, targeting, organization, and training of
personnel of U.S. Customs and Border Protection;
(2) a description of trade enforcement activities to address
undervaluation, transshipment, legitimacy of entities making
entry, protection of revenues, fraud prevention and detection,
and penalties, including intentional misclassification,
inadequate bonding, and other misrepresentations; and
(3) a description of trade enforcement activities with
respect to the priority trade issues described in section 117,
including--
(A) methodologies used in such enforcement
activities, such as targeting;
(B) recommendations for improving such enforcement
activities; and
(C) a description of the implementation of previous
recommendations for improving such enforcement
activities.
(c) Form of Report.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 103. <<NOTE: 19 USC 4312.>> PRIORITIES AND PERFORMANCE
STANDARDS FOR CUSTOMS MODERNIZATION, TRADE
FACILITATION, AND TRADE ENFORCEMENT
FUNCTIONS AND PROGRAMS.
(a) Priorities and Performance Standards.--
(1) <<NOTE: Consultation.>> In general.--The Commissioner,
in consultation with the appropriate congressional committees,
shall establish priorities and performance standards to measure
the development and levels of achievement of the customs
modernization, trade facilitation, and trade enforcement
functions and programs described in subsection (b).
(2) Minimum priorities and standards.--Such priorities and
performance standards shall, at a minimum, include priorities
and standards relating to efficiency, outcome, output, and other
types of applicable measures.
(b) Functions and Programs Described.--The functions and programs
referred to in subsection (a) are the following:
(1) The Automated Commercial Environment.
(2) Each of the priority trade issues described in section
117.
(3) The Centers of Excellence and Expertise described in
section 110.
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(4) Drawback for exported merchandise under section 313 of
the Tariff Act of 1930 (19 U.S.C. 1313), as amended by section
906 of this Act.
(5) Transactions relating to imported merchandise in bond.
(6) Collection of countervailing duties assessed under
subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.) and antidumping duties assessed under subtitle B
of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.).
(7) The expedited clearance of cargo.
(8) The issuance of regulations and rulings.
(9) The issuance of Regulatory Audit Reports.
(c) Consultations and Notification.--
(1) Consultations.--The consultations required by subsection
(a)(1) shall occur, at a minimum, on an annual basis.
(2) <<NOTE: Deadline.>> Notification.--The Commissioner
shall notify the appropriate congressional committees of any
changes to the priorities or performance standards referred to
in subsection (a) not later than 30 days before such changes are
to take effect.
SEC. 104. <<NOTE: 19 USC 4313.>> EDUCATIONAL SEMINARS TO IMPROVE
EFFORTS TO CLASSIFY AND APPRAISE IMPORTED
ARTICLES, TO IMPROVE TRADE ENFORCEMENT
EFFORTS, AND TO OTHERWISE FACILITATE
LEGITIMATE INTERNATIONAL TRADE.
(a) Establishment.--The Commissioner and the Director shall
establish and carry out on a fiscal year basis educational seminars to--
(1) improve the ability of personnel of U.S. Customs and
Border Protection to classify and appraise articles imported
into the United States in accordance with the customs and trade
laws of the United States;
(2) improve the trade enforcement efforts of personnel of
U.S. Customs and Border Protection and personnel of U.S.
Immigration and Customs Enforcement; and
(3) otherwise improve the ability and effectiveness of
personnel of U.S. Customs and Border Protection and personnel of
U.S. Immigration and Customs Enforcement to facilitate
legitimate international trade.
(b) Content.--
(1) Classifying and appraising imported articles.--In
carrying out subsection (a)(1), the Commissioner, the Director,
and interested parties in the private sector selected under
subsection (c) shall provide instruction and related
instructional materials at each educational seminar carried out
under this section to personnel of U.S. Customs and Border
Protection and, as appropriate, to personnel of U.S. Immigration
and Customs Enforcement on the following:
(A) Conducting a physical inspection of an article
imported into the United States, including testing of
samples of the article, to determine if the article is
mislabeled in the manifest or other accompanying
documentation.
(B) <<NOTE: Review.>> Reviewing the manifest and
other accompanying documentation of an article imported
into the United States to determine if the country of
origin of the article listed in the manifest or other
accompanying documentation is accurate.
(C) Customs valuation.
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(D) Industry supply chains and other related matters
as determined to be appropriate by the Commissioner.
(2) Trade enforcement efforts.--In carrying out subsection
(a)(2), the Commissioner, the Director, and interested parties
in the private sector selected under subsection (c) shall
provide instruction and related instructional materials at each
educational seminar carried out under this section to personnel
of U.S. Customs and Border Protection and, as appropriate, to
personnel of U.S. Immigration and Customs Enforcement to
identify opportunities to enhance enforcement of the following:
(A) Collection of countervailing duties assessed
under subtitle A of title VII of the Tariff Act of 1930
(19 U.S.C. 1671 et seq.) and antidumping duties assessed
under subtitle B of title VII of the Tariff Act of 1930
(19 U.S.C. 1673 et seq.).
(B) Addressing evasion of duties on imports of
textiles.
(C) Protection of intellectual property rights.
(D) Enforcement of child labor laws.
(3) Approval of commissioner and director.--The instruction
and related instructional materials at each educational seminar
carried out under this section shall be subject to the approval
of the Commissioner and the Director.
(c) Selection Process.--
(1) In general.--The Commissioner shall establish a process
to solicit, evaluate, and select interested parties in the
private sector for purposes of assisting in providing
instruction and related instructional materials described in
subsection (b) at each educational seminar carried out under
this section.
(2) <<NOTE: Evaluation.>> Criteria.--The Commissioner shall
evaluate and select interested parties in the private sector
under the process established under paragraph (1) based on--
(A) availability and usefulness;
(B) the volume, value, and incidence of mislabeling
or misidentification of origin of imported articles; and
(C) other appropriate criteria established by the
Commissioner.
(3) <<NOTE: Federal Register, publication.>> Public
availability.--The Commissioner and the Director shall publish
in the Federal Register a detailed description of the process
established under paragraph (1) and the criteria established
under paragraph (2).
(d) Special Rule for Antidumping and Countervailing Duty Orders.--
(1) In general.--The Commissioner shall give due
consideration to carrying out an educational seminar under this
section in whole or in part to improve the ability of personnel
of U.S. Customs and Border Protection to enforce a
countervailing or antidumping duty order issued under section
706 or 736 of the Tariff Act of 1930 (19 U.S.C. 1671e or 1673e)
upon the request of a petitioner in an action underlying such
countervailing or antidumping duty order.
(2) Interested party.--A petitioner described in paragraph
(1) shall be treated as an interested party in the private
sector for purposes of the requirements of this section.
(e) Performance Standards.--The Commissioner and the Director shall
establish performance standards to measure the
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development and level of achievement of educational seminars carried out
under this section.
(f) Reporting.--Not later than September 30, 2016, and annually
thereafter, the Commissioner and the Director shall submit to the
appropriate congressional committees a report on the effectiveness of
educational seminars carried out under this section.
(g) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
U.S. Immigration and Customs Enforcement.
(2) United states.--The term ``United States'' means the
customs territory of the United States, as defined in General
Note 2 to the Harmonized Tariff Schedule of the United States.
(3) U.S. customs and border protection personnel.--The term
``U.S. Customs and Border Protection personnel'' means import
specialists, auditors, and other appropriate employees of the
U.S. Customs and Border Protection.
(4) U.S. immigration and customs enforcement personnel.--The
term ``U.S. Immigration and Customs Enforcement personnel''
means Homeland Security Investigations Directorate personnel and
other appropriate employees of U.S. Immigration and Customs
Enforcement.
SEC. 105. <<NOTE: 19 USC 4314.>> JOINT STRATEGIC PLAN.
(a) <<NOTE: Deadlines.>> In General.--Not later than one year after
the date of the enactment of this Act, and every 2 years thereafter, the
Commissioner and the Director of U.S. Immigration and Customs
Enforcement shall jointly develop and submit to the appropriate
congressional committees a joint strategic plan.
(b) Contents.--The joint strategic plan required under this section
shall be comprised of a comprehensive multiyear plan for trade
enforcement and trade facilitation, and shall include--
(1) <<NOTE: Summary. Time period.>> a summary of actions
taken during the 2-year period preceding the submission of the
plan to improve trade enforcement and trade facilitation,
including a description and analysis of specific performance
measures to evaluate the progress of U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement in
meeting each such responsibility;
(2) a statement of objectives and plans for further
improving trade enforcement and trade facilitation;
(3) a specific identification of the priority trade issues
described in section 117 that can be addressed in order to
enhance trade enforcement and trade facilitation, and a
description of strategies and plans for addressing each such
issue, including--
(A) a description of the targeting methodologies
used for enforcement activities with respect to each
such issue;
(B) <<NOTE: Recommenda- tions.>> recommendations
for improving such enforcement activities; and
(C) a description of the implementation of previous
recommendations for improving such enforcement
activities;
(4) a description of efforts made to improve consultation
and coordination among and within Federal agencies, and in
particular between U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement, regarding trade enforcement
and trade facilitation;
[[Page 130 STAT. 133]]
(5) a description of the training that has occurred to date
within U.S. Customs and Border Protection and U.S. Immigration
and Customs Enforcement to improve trade enforcement and trade
facilitation, including training at educational seminars carried
out under section 104;
(6) a description of efforts to work with the World Customs
Organization and other international organizations, in
consultation with other Federal agencies as appropriate, with
respect to enhancing trade enforcement and trade facilitation;
(7) a description of U.S. Custom and Border Protection
organizational benchmarks for optimizing staffing and wait times
at ports of entry;
(8) a specific identification of any domestic or
international best practices that may further improve trade
enforcement and trade facilitation;
(9) <<NOTE: Recommenda- tions.>> any legislative
recommendations to further improve trade enforcement and trade
facilitation; and
(10) a description of efforts made to improve consultation
and coordination with the private sector to enhance trade
enforcement and trade facilitation.
(c) Consultations.--
(1) In general.--In developing the joint strategic plan
required under this section, the Commissioner and the Director
of U.S. Immigration and Customs Enforcement shall consult with--
(A) appropriate officials from relevant Federal
agencies, including--
(i) the Department of the Treasury;
(ii) the Department of Agriculture;
(iii) the Department of Commerce;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Health and Human
Services;
(vii) the Food and Drug Administration;
(viii) the Consumer Product Safety Commission;
and
(ix) the Office of the United States Trade
Representative; and
(B) the Commercial Customs Operations Advisory
Committee established by section 109.
(2) Other consultations.--In developing the joint strategic
plan required under this section, the Commissioner and the
Director shall seek to consult with--
(A) appropriate officials from relevant foreign law
enforcement agencies and international organizations,
including the World Customs Organization; and
(B) interested parties in the private sector.
(d) Form of Plan.--The joint strategic plan required under this
section shall be submitted in unclassified form, but may include a
classified annex.
SEC. 106. AUTOMATED COMMERCIAL ENVIRONMENT.
(a) Funding.--Section 13031(f)(4)(B) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)(B)) is amended--
[[Page 130 STAT. 134]]
(1) by striking ``2003 through 2005'' and inserting ``2016
through 2018'';
(2) by striking ``such amounts as are available in that
Account'' and inserting ``not less than $153,736,000''; and
(3) by striking ``for the development'' and inserting ``to
complete the development and implementation''.
(b) Report.--
(1) In general.--Not later than December 31, 2016, the
Commissioner shall submit to the Committee on Appropriations and
the Committee on Finance of the Senate and the Committee on
Appropriations and the Committee on Ways and Means of the House
of Representatives a report detailing--
(A) U.S. Customs and Border Protection's
incorporation of all core trade processing capabilities,
including cargo release, entry summary, cargo manifest,
cargo financial data, and export data elements, into the
Automated Commercial Environment not later than
September 30, 2016, to conform with the admissibility
criteria of agencies participating in the International
Trade Data System identified pursuant to paragraph
(4)(A)(iii) of section 411(d) of the Tariff Act of 1930
(19 U.S.C. 1411(d)), as added by section 107 of this
Act;
(B) U.S. Customs and Border Protection's remaining
priorities for processing entry summary data elements,
cargo manifest data elements, cargo financial data
elements, and export elements in the Automated
Commercial Environment, and the objectives and plans for
implementing these remaining priorities;
(C) the components of the National Customs
Automation Program specified in section 411(a)(2) of the
Tariff Act of 1930 that have not been implemented; and
(D) any additional components of the National
Customs Automation Program initiated by the Commissioner
to complete the development, establishment, and
implementation of the Automated Commercial Environment.
(2) Update of reports.--Not later than September 30, 2017,
the Commissioner shall submit to the Committee on Appropriations
and the Committee on Finance of the Senate and the Committee on
Appropriations and the Committee on Ways and Means of the House
of Representatives an updated report addressing each of the
matters referred to in paragraph (1), and--
(A) <<NOTE: Evaluation.>> evaluating the
effectiveness of the implementation of the Automated
Commercial Environment; and
(B) detailing the percentage of trade processed in
the Automated Commercial Environment every month since
September 30, 2016.
(3) Repeal.--Section 311(b) of the Customs Border Security
Act of 2002 (19 U.S.C. 2075 note) is amended by striking
paragraph (3).
(c) Government Accountability Office Report.--Not later than
December 31, 2017, the Comptroller General of the United States shall
submit to the Committee on Appropriations and the Committee on Finance
of the Senate and the Committee on Appropriations and the Committee on
Ways and Means of the House of Representatives a report--
[[Page 130 STAT. 135]]
(1) assessing the progress of other Federal agencies in
accessing and utilizing the Automated Commercial Environment;
and
(2) assessing the potential cost savings to the United
States Government and importers and exporters and the potential
benefits to enforcement of the customs and trade laws of the
United States if the elements identified in subparagraphs (A)
through (D) of subsection (b)(1) are implemented.
SEC. 107. INTERNATIONAL TRADE DATA SYSTEM.
Section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) is
amended--
(1) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Information technology infrastructure.--
``(A) In general.--The Secretary shall work with the
head of each agency participating in the ITDS and the
Interagency Steering Committee to ensure that each
agency--
``(i) develops and maintains the necessary
information technology infrastructure to support
the operation of the ITDS and to submit all data
to the ITDS electronically;
``(ii) <<NOTE: Memorandum.>> enters into a
memorandum of understanding, or takes such other
action as is necessary, to provide for the
information sharing between the agency and U.S.
Customs and Border Protection necessary for the
operation and maintenance of the ITDS;
``(iii) <<NOTE: Deadline.>> not later than
June 30, 2016, identifies and transmits to the
Commissioner of U.S. Customs and Border Protection
the admissibility criteria and data elements
required by the agency to authorize the release of
cargo by U.S. Customs and Border Protection for
incorporation into the operational functionality
of the Automated Commercial Environment computer
system authorized under section 13031(f)(4) of the
Consolidated Omnibus Budget and Reconciliation Act
of 1985 (19 U.S.C. 58c(f)(4)); and
``(iv) <<NOTE: Deadline.>> not later than
December 31, 2016, utilizes the ITDS as the
primary means of receiving from users the standard
set of data and other relevant documentation,
exclusive of applications for permits, licenses,
or certifications required for the release of
imported cargo and clearance of cargo for export.
``(B) Rule of construction.--Nothing in this
paragraph shall be construed to require any action to be
taken that would compromise an ongoing law enforcement
investigation or would compromise national security.'';
and
(3) in paragraph (8), as redesignated, by striking ``section
9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19
U.S.C. 2071 note)'' and inserting ``section 109 of the Trade
Facilitation and Trade Enforcement Act of 2015''.
SEC. 108. <<NOTE: 19 USC 4315.>> CONSULTATIONS WITH RESPECT TO
MUTUAL RECOGNITION ARRANGEMENTS.
(a) <<NOTE: Deadlines.>> Consultations.--The Secretary of Homeland
Security, with respect to any proposed mutual recognition arrangement or
similar
[[Page 130 STAT. 136]]
agreement between the United States and a foreign government providing
for mutual recognition of supply chain security programs and customs
revenue functions, shall consult with the appropriate congressional
committees--
(1) not later than 30 days before initiating negotiations to
enter into any such arrangement or similar agreement; and
(2) not later than 30 days before entering into any such
arrangement or similar agreement.
(b) Negotiating Objective.--It shall be a negotiating objective of
the United States in any negotiation for a mutual recognition
arrangement or similar agreement with a foreign country on partnership
programs, such as the Customs-Trade Partnership Against Terrorism
established under subtitle B of title II of the Security and
Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), to
seek to ensure the compatibility of the partnership programs of that
country with the partnership programs of U.S. Customs and Border
Protection to enhance security, trade facilitation, and trade
enforcement.
SEC. 109. <<NOTE: 19 USC 4316.>> COMMERCIAL CUSTOMS OPERATIONS
ADVISORY COMMITTEE.
(a) <<NOTE: Deadline.>> Establishment.--Not later than the date
that is 60 days after the date of the enactment of this Act, the
Secretary of the Treasury and the Secretary of Homeland Security shall
jointly establish a Commercial Customs Operations Advisory Committee (in
this section referred to as the ``Advisory Committee'').
(b) Membership.--
(1) In general.--The Advisory Committee shall be comprised
of--
(A) 20 individuals appointed under paragraph (2);
(B) the Assistant Secretary for Tax Policy of the
Department of the Treasury and the Commissioner, who
shall jointly co-chair meetings of the Advisory
Committee; and
(C) the Assistant Secretary for Policy and the
Director of U.S. Immigration and Customs Enforcement,
who shall serve as deputy co-chairs of meetings of the
Advisory Committee.
(2) Appointment.--
(A) In general.--The Secretary of the Treasury and
the Secretary of Homeland Security shall jointly appoint
20 individuals from the private sector to the Advisory
Committee.
(B) Requirements.--In making appointments under
subparagraph (A), the Secretary of the Treasury and the
Secretary of Homeland Security shall appoint members--
(i) to ensure that the membership of the
Advisory Committee is representative of the
individuals and firms affected by the commercial
operations of U.S. Customs and Border Protection;
and
(ii) without regard to political affiliation.
(C) Terms.--Each individual appointed to the
Advisory Committee under this paragraph shall be
appointed for a term of not more than 3 years, and may
be reappointed to subsequent terms, but may not serve
more than 2 terms sequentially.
[[Page 130 STAT. 137]]
(3) Transfer of membership.--The Secretary of the Treasury
and the Secretary of Homeland Security may transfer members
serving on the Advisory Committee on Commercial Operations of
the United States Customs Service established under section
9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19
U.S.C. 2071 note) on the day before the date of the enactment of
this Act to the Advisory Committee established under subsection
(a).
(c) Duties.--The Advisory Committee established under subsection (a)
shall--
(1) advise the Secretary of the Treasury and the Secretary
of Homeland Security on all matters involving the commercial
operations of U.S. Customs and Border Protection, including
advising with respect to significant changes that are proposed
with respect to regulations, policies, or practices of U.S.
Customs and Border Protection;
(2) provide recommendations to the Secretary of the Treasury
and the Secretary of Homeland Security on improvements to the
commercial operations of U.S. Customs and Border Protection;
(3) collaborate in developing the agenda for Advisory
Committee meetings; and
(4) perform such other functions relating to the commercial
operations of U.S. Customs and Border Protection as prescribed
by law or as the Secretary of the Treasury and the Secretary of
Homeland Security jointly direct.
(d) Meetings.--Notwithstanding section 10(f) of the Federal Advisory
Committee Act (5 U.S.C. App.), the Advisory Committee shall meet at the
call of the Secretary of the Treasury and the Secretary of Homeland
Security, or at the call of not less than \2/3\ of the membership of the
Advisory Committee. The Advisory Committee shall meet at least 4 times
each calendar year.
(e) Annual Report.--Not later than December 31, 2016, and annually
thereafter, the Advisory Committee shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives a report that--
(1) describes the activities of the Advisory Committee
during the preceding fiscal year; and
(2) sets forth any recommendations of the Advisory Committee
regarding the commercial operations of U.S. Customs and Border
Protection.
(f) Termination.--Section 14(a)(2) of the Federal Advisory Committee
Act (5 U.S.C. App.; relating to the termination of advisory committees)
shall not apply to the Advisory Committee.
(g) Conforming Amendment.--
(1) <<NOTE: Effective date. Repeal.>> In general.--
Effective on the date on which the Advisory Committee is
established under subsection (a), section 9503(c) of the Omnibus
Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) is
repealed.
(2) Reference.--Any reference in law to the Advisory
Committee on Commercial Operations of the United States Customs
Service established under section 9503(c) of the Omnibus Budget
Reconciliation Act of 1987 (19 U.S.C. 2071 note) made on or
after the date on which the Advisory Committee is established
under subsection (a), shall be deemed a reference to the
Commercial Customs Operations Advisory Committee established
under subsection (a).
[[Page 130 STAT. 138]]
SEC. 110. <<NOTE: 19 USC 4317.>> CENTERS OF EXCELLENCE AND
EXPERTISE.
(a) <<NOTE: Consultation.>> In General.--The Commissioner shall, in
consultation with the appropriate congressional committees and the
Commercial Customs Operations Advisory Committee established under
section 109, develop and implement Centers of Excellence and Expertise
throughout U.S. Customs and Border Protection that--
(1) enhance the economic competitiveness of the United
States by consistently enforcing the laws and regulations of the
United States at all ports of entry of the United States and by
facilitating the flow of legitimate trade through increasing
industry-based knowledge;
(2) improve enforcement efforts, including enforcement of
priority trade issues described in section 117, in specific
industry sectors through the application of targeting
information from the National Targeting Center under section 111
and from other means of verification;
(3) build upon the expertise of U.S. Customs and Border
Protection in particular industry operations, supply chains, and
compliance requirements;
(4) promote the uniform implementation at each port of entry
of the United States of policies and regulations relating to
imports;
(5) centralize the trade enforcement and trade facilitation
efforts of U.S. Customs and Border Protection;
(6) formalize an account-based approach to apply, as the
Commissioner determines appropriate, to the importation of
merchandise into the United States;
(7) foster partnerships though the expansion of trade
programs and other trusted partner programs;
(8) develop applicable performance measurements to meet
internal efficiency and effectiveness goals; and
(9) whenever feasible, facilitate a more efficient flow of
information between Federal agencies.
(b) Report.--Not later than December 31, 2016, the Commissioner
shall submit to the appropriate congressional committees a report
describing--
(1) the scope, functions, and structure of each Center of
Excellence and Expertise developed and implemented under
subsection (a);
(2) the effectiveness of each such Center of Excellence and
Expertise in improving enforcement efforts, including
enforcement of priority trade issues described in section 117,
and facilitating legitimate trade;
(3) the quantitative and qualitative benefits of each such
Center of Excellence and Expertise to the trade community,
including through fostering partnerships through the expansion
of trade programs such as the Importer Self Assessment program
and other trusted partner programs;
(4) all applicable performance measurements with respect to
each such Center of Excellence and Expertise, including
performance measures with respect to meeting internal efficiency
and effectiveness goals;
(5) the performance of each such Center of Excellence and
Expertise in increasing the accuracy and completeness of data
with respect to international trade and facilitating a more
efficient flow of information between Federal agencies; and
[[Page 130 STAT. 139]]
(6) any planned changes in the number, scope, functions, or
any other aspect of the Centers of Excellence and Expertise
developed and implemented under subsection (a).
SEC. 111. <<NOTE: 19 USC 4318.>> COMMERCIAL RISK ASSESSMENT
TARGETING AND TRADE ALERTS.
(a) Commercial Risk Assessment Targeting.--In carrying out its
duties under section 411(g)(4) of the Homeland Security Act of 2002, as
added by section 802(a) of this Act, the National Targeting Center, in
coordination with the Office of Trade established under section 4 of the
Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et
seq.), as added by section 802(h) of this Act, as appropriate, shall--
(1) establish targeted risk assessment methodologies and
standards--
(A) for evaluating the risk that cargo destined for
the United States may violate the customs and trade laws
of the United States, particularly those laws applicable
to merchandise subject to the priority trade issues
described in section 117; and
(B) for issuing, as appropriate, Trade Alerts
described in subsection (b);
(2) to the extent practicable and otherwise authorized by
law, use, to administer the methodologies and standards
established under paragraph (1)--
(A) publicly available information;
(B) information available from the Automated
Commercial System, the Automated Commercial Environment,
the Automated Targeting System, the Automated Export
System, the International Trade Data System established
under section 411(d) of the Tariff Act of 1930 (19
U.S.C. 1411(d)), the TECS (formerly known as the
``Treasury Enforcement Communications System''), the
case management system of U.S. Immigration and Customs
Enforcement, and any successor systems; and
(C) information made available to the National
Targeting Center, including information provided by
private sector entities;
(3) provide for the receipt and transmission to the
appropriate U.S. Customs and Border Protection offices of
allegations from interested parties in the private sector of
violations of customs and trade laws of the United States with
respect to merchandise relating to the priority trade issues
described in section 117; and
(4) <<NOTE: Notification.>> notify, on a timely basis, each
interested party in the private sector that has submitted an
allegation of any violation of the customs and trade laws of the
United States of any civil or criminal actions taken by U.S.
Customs and Border Protection or any other Federal agency
resulting from the allegation.
(b) Trade Alerts.--
(1) Issuance.--In carrying out its duties under section
411(g)(4) of the Homeland Security Act of 2002, as added by
section 802(a) of this Act, and based upon the application of
the targeted risk assessment methodologies and standards
established under subsection (a), the Executive Director of the
National Targeting Center may issue Trade Alerts to directors
[[Page 130 STAT. 140]]
of United States ports of entry directing further inspection, or
physical examination or testing, of specific merchandise to
ensure compliance with all applicable customs and trade laws of
the United States and regulations administered by U.S. Customs
and Border Protection.
(2) Determinations not to implement trade alerts.--The
director of a United States port of entry may determine not to
conduct further inspections, or physical examination or testing,
pursuant to a Trade Alert issued under paragraph (1) if the
director--
(A) finds that such a determination is justified by
port security interests; and
(B) <<NOTE: Deadline. Notification.>> not later
than 48 hours after making the determination, notifies
the Assistant Commissioner of the Office of Field
Operations of U.S. Customs and Border Protection of the
determination and the reasons for the determination.
(3) Summary of determinations not to implement.--The
Assistant Commissioner of the Office of Field Operations of U.S.
Customs and Border Protection shall--
(A) compile an annual summary of all determinations
by directors of United States ports of entry under
paragraph (2) and the reasons for those determinations;
(B) <<NOTE: Evaluation.>> conduct an evaluation of
the utilization of Trade Alerts issued under paragraph
(1); and
(C) <<NOTE: Deadline.>> not later than December 31
of each calendar year, submit the summary to the
appropriate congressional committees.
(4) Inspection defined.--In this subsection, the term
``inspection'' means the comprehensive evaluation process used
by U.S. Customs and Border Protection, other than physical
examination or testing, to permit the entry of merchandise into
the United States, or the clearance of merchandise for
transportation in bond through the United States, for purposes
of--
(A) assessing duties;
(B) identifying restricted or prohibited items; and
(C) ensuring compliance with all applicable customs
and trade laws of the United States and regulations
administered by U.S. Customs and Border Protection.
(c) Use of Trade Data for Commercial Enforcement Purposes.--Section
343(a)(3)(F) of the Trade Act of 2002 (19 U.S.C. 2071 note) is amended
to read as follows:
``(F) The information collected pursuant to the
regulations shall be used exclusively for ensuring cargo
safety and security, preventing smuggling, and
commercial risk assessment targeting, and shall not be
used for any commercial enforcement purposes, including
for determining merchandise entry. Notwithstanding the
preceding sentence, nothing in this section shall be
treated as amending, repealing, or otherwise modifying
title IV of the Tariff Act of 1930 or regulations
promulgated thereunder.''.
SEC. 112. <<NOTE: 19 USC 4319.>> REPORT ON OVERSIGHT OF REVENUE
PROTECTION AND ENFORCEMENT MEASURES.
(a) In General.--Not later than June 30, 2016, and not later than
March 31 of each second year thereafter, the Inspector General
[[Page 130 STAT. 141]]
of the Department of the Treasury shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives a report assessing, with respect to the period
covered by the report, as specified in subsection (b), the following:
(1) The effectiveness of the measures taken by U.S. Customs
and Border Protection with respect to protection of revenue,
including--
(A) the collection of countervailing duties assessed
under subtitle A of title VII of the Tariff Act of 1930
(19 U.S.C. 1671 et seq.) and antidumping duties assessed
under subtitle B of title VII of the Tariff Act of 1930
(19 U.S.C. 1673 et seq.);
(B) the assessment, collection, and mitigation of
commercial fines and penalties;
(C) the use of bonds, including continuous and
single transaction bonds, to secure that revenue; and
(D) the adequacy of the policies of U.S. Customs and
Border Protection with respect to the monitoring and
tracking of merchandise transported in bond and
collecting duties, as appropriate.
(2) The effectiveness of actions taken by U.S. Customs and
Border Protection to measure accountability and performance with
respect to protection of revenue.
(3) The number and outcome of investigations instituted by
U.S. Customs and Border Protection with respect to the
underpayment of duties.
(4) The effectiveness of training with respect to the
collection of duties provided for personnel of U.S. Customs and
Border Protection.
(b) Period Covered by Report.--Each report required by subsection
(a) shall cover the period of 2 fiscal years ending on September 30 of
the calendar year preceding the submission of the report.
SEC. 113. REPORT ON SECURITY AND REVENUE MEASURES WITH RESPECT TO
MERCHANDISE TRANSPORTED IN BOND.
(a) In General.--Not later than December 31 of 2016, 2017, and 2018,
the Secretary of Homeland Security and the Secretary of the Treasury
shall jointly submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a report on
efforts undertaken by U.S. Customs and Border Protection to ensure the
secure transportation of merchandise in bond through the United States
and the collection of revenue owed upon the entry of such merchandise
into the United States for consumption.
(b) Elements.--Each report required by subsection (a) shall include,
for the fiscal year preceding the submission of the report, information
on--
(1) the overall number of entries of merchandise for
transportation in bond through the United States;
(2) the ports at which merchandise arrives in the United
States for transportation in bond and at which records of the
arrival of such merchandise are generated;
(3) the average time taken to reconcile such records with
the records at the final destination of the merchandise in the
[[Page 130 STAT. 142]]
United States to demonstrate that the merchandise reaches its
final destination or is re-exported;
(4) the average time taken to transport merchandise in bond
from the port at which the merchandise arrives in the United
States to its final destination in the United States;
(5) the total amount of duties, taxes, and fees owed with
respect to shipments of merchandise transported in bond and the
total amount of such duties, taxes, and fees paid;
(6) the total number of notifications by carriers of
merchandise being transported in bond that the destination of
the merchandise has changed; and
(7) the number of entries that remain unreconciled.
SEC. 114. <<NOTE: 19 USC 4320.>> IMPORTER OF RECORD PROGRAM.
(a) <<NOTE: Deadline.>> Establishment.--Not later than the date
that is 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall establish an importer of record
program to assign and maintain importer of record numbers.
(b) Requirements.--The Secretary shall ensure that, as part of the
importer of record program, U.S. Customs and Border Protection--
(1) <<NOTE: Criteria.>> develops criteria that importers
must meet in order to obtain an importer of record number,
including--
(A) criteria to ensure sufficient information is
collected to allow U.S. Customs and Border Protection to
verify the existence of the importer requesting the
importer of record number;
(B) criteria to ensure sufficient information is
collected to allow U.S. Customs and Border Protection to
identify linkages or other affiliations between
importers that are requesting or have been assigned
importer of record numbers; and
(C) criteria to ensure sufficient information is
collected to allow U.S. Customs and Border Protection to
identify changes in address and corporate structure of
importers;
(2) provides a process by which importers are assigned
importer of record numbers;
(3) maintains a centralized database of importer of record
numbers, including a history of importer of record numbers
associated with each importer, and the information described in
subparagraphs (A), (B), and (C) of paragraph (1);
(4) <<NOTE: Evaluation.>> evaluates and maintains the
accuracy of the database if such information changes; and
(5) takes measures to ensure that duplicate importer of
record numbers are not issued.
(c) Report.--Not later than one year after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives a report on the importer of record program established
under subsection (a).
(d) Number Defined.--In this section, the term ``number'', with
respect to an importer of record, means a filing identification number
described in section 24.5 of title 19, Code of Federal Regulations (or
any corresponding similar regulation) that fully supports the
requirements of subsection (b) with respect to the collection and
maintenance of information.
[[Page 130 STAT. 143]]
SEC. 115. <<NOTE: 19 USC 4321.>> ESTABLISHMENT OF IMPORTER RISK
ASSESSMENT PROGRAM.
(a) <<NOTE: Deadline.>> In General.--Not later than the date that
is 180 days after the date of the enactment of this Act, the
Commissioner shall establish a program that directs U.S. Customs and
Border Protection to adjust bond amounts for importers, including new
importers and nonresident importers, based on risk assessments of such
importers conducted by U.S. Customs and Border Protection, in order to
protect the revenue of the Federal Government.
(b) <<NOTE: Procedures.>> Requirements.--The Commissioner shall
ensure that, as part of the program established under subsection (a),
U.S. Customs and Border Protection--
(1) <<NOTE: Guidelines.>> develops risk assessment
guidelines for importers, including new importers and
nonresident importers, to determine if and to what extent--
(A) to adjust bond amounts of imported products of
such importers; and
(B) to increase screening of imported products of
such importers;
(2) develops procedures to ensure increased oversight of
imported products of new importers, including nonresident
importers, relating to the enforcement of the priority trade
issues described in section 117;
(3) develops procedures to ensure increased oversight of
imported products of new importers, including new nonresident
importers, by Centers of Excellence and Expertise established
under section 110; and
(4) establishes a centralized database of new importers,
including new nonresident importers, to ensure accuracy of
information that is required to be provided by such importers to
U.S. Customs and Border Protection.
(c) Exclusion of Certain Importers.--This section shall not apply to
an importer that is a validated Tier 2 or Tier 3 participant in the
Customs-Trade Partnership Against Terrorism program established under
subtitle B of title II of the Security and Accountability for Every Port
Act of 2006 (6 U.S.C. 961 et seq.).
(d) Report.--Not later than the date that is 2 years after the date
of the enactment of this Act, the Inspector General of the Department of
the Treasury shall submit to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives a report
detailing--
(1) the risk assessment guidelines developed under
subsection (b)(1);
(2) the procedures developed under subsection (b)(2) to
ensure increased oversight of imported products of new
importers, including new nonresident importers, relating to the
enforcement of priority trade issues described in section 117;
(3) the procedures developed under subsection (b)(3) to
ensure increased oversight of imported products of new
importers, including new nonresident importers, by Centers of
Excellence and Expertise established under section 110; and
(4) the number of bonds adjusted based on the risk
assessment guidelines developed under subsection (b)(1).
(e) Definitions.--In this section:
[[Page 130 STAT. 144]]
(1) Importer.--The term ``importer'' means one of the
parties qualifying as an importer of record under section
484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(2)(B)).
(2) Nonresident importer.--The term ``nonresident importer''
means an importer who is--
(A) an individual who is not a citizen of the United
States or an alien lawfully admitted for permanent
residence in the United States; or
(B) a partnership, corporation, or other commercial
entity that is not organized under the laws of a
jurisdiction within the customs territory of the United
States (as such term is defined in General Note 2 of the
Harmonized Tariff Schedule of the United States) or in
the Virgin Islands of the United States.
SEC. 116. CUSTOMS BROKER IDENTIFICATION OF IMPORTERS.
(a) In General.--Section 641 of the Tariff Act of 1930 (19 U.S.C.
1641) is amended by adding at the end the following:
``(i) Identification of Importers.--
``(1) <<NOTE: Regulations.>> In general.--The Secretary
shall prescribe regulations setting forth the minimum standards
for customs brokers and importers, including nonresident
importers, regarding the identity of the importer that shall
apply in connection with the importation of merchandise into the
United States.
``(2) Minimum requirements.--The regulations required under
paragraph (1) shall, at a minimum--
``(A) identify the information that an importer,
including a nonresident importer, is required to submit
to a broker and that a broker is required to collect in
order to verify the identity of the importer;
``(B) identify reasonable procedures that a broker
is required to follow in order to verify the
authenticity of information collected from an importer;
and
``(C) require a broker to maintain records of the
information collected by the broker to verify the
identity of an importer.
``(3) Penalties.--Any customs broker who fails to collect
information required under the regulations prescribed under this
subsection shall be liable to the United States, at the
discretion of the Secretary, for a monetary penalty not to
exceed $10,000 for each violation of those regulations and shall
be subject to revocation or suspension of a license or permit of
the customs broker pursuant to the procedures set forth in
subsection (d). This penalty shall be assessed in the same
manner and under the same procedures as the monetary penalties
provided for in subsection (d)(2)(A).
``(4) Definitions.--In this subsection:
``(A) Importer.--The term `importer' means one of
the parties qualifying as an importer of record under
section 484(a)(2)(B).
``(B) Nonresident importer.--The term `nonresident
importer' means an importer who is--
``(i) an individual who is not a citizen of
the United States or an alien lawfully admitted
for permanent residence in the United States; or
``(ii) a partnership, corporation, or other
commercial entity that is not organized under the
laws of
[[Page 130 STAT. 145]]
a jurisdiction within the customs territory of the
United States (as such term is defined in General
Note 2 of the Harmonized Tariff Schedule of the
United States) or in the Virgin Islands of the
United States.''.
(b) Study and Report Required.--Not later than the date that is 180
days after the date of the enactment of this Act, the Commissioner shall
submit to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives a report containing
recommendations for--
(1) determining the most timely and effective way to require
foreign nationals to provide customs brokers with appropriate
and accurate information, comparable to that which is required
of United States nationals, concerning the identity, address,
and other related information relating to such foreign nationals
necessary to enable customs brokers to comply with the
requirements of section 641(i) of the Tariff Act of 1930 (as
added by subsection (a) of this section); and
(2) establishing a system for customs brokers to review
information maintained by relevant Federal agencies for purposes
of verifying the identities of importers, including nonresident
importers, seeking to import merchandise into the United States.
SEC. 117. <<NOTE: 19 USC 4322.>> PRIORITY TRADE ISSUES.
(a) In General.--The Commissioner shall establish the following as
priority trade issues:
(1) Agriculture programs.
(2) Antidumping and countervailing duties.
(3) Import safety.
(4) Intellectual property rights.
(5) Revenue.
(6) Textiles and wearing apparel.
(7) Trade agreements and preference programs.
(b) <<NOTE: Determination. Deadlines.>> Modification.--The
Commissioner is authorized to establish new priority trade issues and
eliminate, consolidate, or otherwise modify the priority trade issues
described in subsection (a) if the Commissioner--
(1) determines it necessary and appropriate to do so; and
(2)(A) in the case of new priority trade issues, submits to
the appropriate congressional committees a summary of proposals
to establish such new priority trade issues not later than 30
days after such new priority trade issues are to take effect;
and
(B) in the case of existing priority trade issues, submits
to the appropriate congressional committees a summary of
proposals to eliminate, consolidate, or otherwise modify such
existing priority trade issues not later than 60 days before
such changes are to take effect.
SEC. 118. <<NOTE: 19 USC 4323.>> APPROPRIATE CONGRESSIONAL
COMMITTEES DEFINED.
In this title, the term ``appropriate congressional committees''
means--
(1) the Committee on Finance and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(2) the Committee on Ways and Means and the Committee on
Homeland Security of the House of Representatives.
[[Page 130 STAT. 146]]
TITLE II--IMPORT HEALTH AND SAFETY
SEC. 201. <<NOTE: 19 USC 4331.>> INTERAGENCY IMPORT SAFETY
WORKING GROUP.
(a) Establishment.--There is established an interagency Import
Safety Working Group.
(b) Membership.--The interagency Import Safety Working Group shall
consist of the following officials or their designees:
(1) The Secretary of Homeland Security, who shall serve as
the Chair.
(2) The Secretary of Health and Human Services, who shall
serve as the Vice Chair.
(3) The Secretary of the Treasury.
(4) The Secretary of Commerce.
(5) The Secretary of Agriculture.
(6) The United States Trade Representative.
(7) The Director of the Office of Management and Budget.
(8) The Commissioner of Food and Drugs.
(9) The Commissioner of U.S. Customs and Border Protection.
(10) The Chairman of the Consumer Product Safety Commission.
(11) The Director of U.S. Immigration and Customs
Enforcement.
(12) The head of any other Federal agency designated by the
President to participate in the interagency Import Safety
Working Group, as appropriate.
(c) Duties.--The duties of the interagency Import Safety Working
Group shall include--
(1) consulting on the development of the joint import safety
rapid response plan required by section 202;
(2) periodically evaluating the adequacy of the plans,
practices, and resources of the Federal Government dedicated to
ensuring the safety of merchandise imported into the United
States and the expeditious entry of such merchandise,
including--
(A) minimizing the duplication of efforts among
Federal agencies the heads of which are members of the
interagency Import Safety Working Group and ensuring the
compatibility of the policies and regulations of those
agencies; and
(B) recommending additional administrative actions,
as appropriate, designed to ensure the safety of
merchandise imported into the United States and the
expeditious entry of such merchandise and considering
the impact of those actions on private sector entities;
(3) reviewing the engagement and cooperation of foreign
governments and foreign manufacturers in facilitating the
inspection and certification, as appropriate, of such
merchandise to be imported into the United States and the
facilities producing such merchandise to ensure the safety of
the merchandise and the expeditious entry of the merchandise
into the United States;
(4) identifying best practices, in consultation with private
sector entities as appropriate, to assist United States
importers
[[Page 130 STAT. 147]]
in taking all appropriate steps to ensure the safety of
merchandise imported into the United States, including with
respect to--
(A) the inspection of manufacturing facilities in
foreign countries;
(B) the inspection of merchandise destined for the
United States before exportation from a foreign country
or before distribution in the United States; and
(C) the protection of the international supply chain
(as defined in section 2 of the Security and
Accountability For Every Port Act of 2006 (6 U.S.C.
901));
(5) identifying best practices to assist Federal, State, and
local governments and agencies, and port authorities, to improve
communication and coordination among such agencies and
authorities with respect to ensuring the safety of merchandise
imported into the United States and the expeditious entry of
such merchandise; and
(6) otherwise identifying appropriate steps to increase the
accountability of United States importers and the engagement of
foreign government agencies with respect to ensuring the safety
of merchandise imported into the United States and the
expeditious entry of such merchandise.
SEC. 202. <<NOTE: 19 USC 4332.>> JOINT IMPORT SAFETY RAPID
RESPONSE PLAN.
(a) <<NOTE: Deadline. Consultation.>> In General.--Not later than
December 31, 2016, the Secretary of Homeland Security, in consultation
with the interagency Import Safety Working Group established under
section 201, shall develop a plan (to be known as the ``joint import
safety rapid response plan'') that sets forth protocols and defines
practices for U.S. Customs and Border Protection to use--
(1) in taking action in response to, and coordinating
Federal responses to, an incident in which cargo destined for or
merchandise entering the United States has been identified as
posing a threat to the health or safety of consumers in the
United States; and
(2) in recovering from or mitigating the effects of actions
and responses to an incident described in paragraph (1).
(b) Contents.--The joint import safety rapid response plan shall
address--
(1) the statutory and regulatory authorities and
responsibilities of U.S. Customs and Border Protection and other
Federal agencies in responding to an incident described in
subsection (a)(1);
(2) the protocols and practices to be used by U.S. Customs
and Border Protection when taking action in response to, and
coordinating Federal responses to, such an incident;
(3) the measures to be taken by U.S. Customs and Border
Protection and other Federal agencies in recovering from or
mitigating the effects of actions taken in response to such an
incident after the incident to ensure the resumption of the
entry of merchandise into the United States; and
(4) exercises that U.S. Customs and Border Protection may
conduct in conjunction with Federal, State, and local agencies,
and private sector entities, to simulate responses to such an
incident.
(c) <<NOTE: Review.>> Updates of Plan.--The Secretary of Homeland
Security shall review and update the joint import safety rapid response
[[Page 130 STAT. 148]]
plan, as appropriate, after conducting exercises under subsection (d).
(d) Import Health and Safety Exercises.--
(1) <<NOTE: Testing. Evaluation.>> In general.--The
Secretary of Homeland Security and the Commissioner shall
periodically engage in the exercises referred to in subsection
(b)(4), in conjunction with Federal, State, and local agencies
and private sector entities, as appropriate, to test and
evaluate the protocols and practices identified in the joint
import safety rapid response plan at United States ports of
entry.
(2) Requirements for exercises.--In conducting exercises
under paragraph (1), the Secretary and the Commissioner shall--
(A) make allowance for the resources, needs, and
constraints of United States ports of entry of different
sizes in representative geographic locations across the
United States;
(B) base evaluations on current risk assessments of
merchandise entering the United States at representative
United States ports of entry located across the United
States;
(C) ensure that such exercises are conducted in a
manner consistent with the National Incident Management
System, the National Response Plan, the National
Infrastructure Protection Plan, the National
Preparedness Guidelines, the Maritime Transportation
System Security Plan, and other such national
initiatives of the Department of Homeland Security, as
appropriate; and
(D) develop metrics with respect to the resumption
of the entry of merchandise into the United States after
an incident described in subsection (a)(1).
(3) Requirements for testing and evaluation.--The Secretary
and the Commissioner shall ensure that the testing and
evaluation carried out in conducting exercises under paragraph
(1)--
(A) are performed using clear and objective
performance measures; and
(B) result in the identification of specific
recommendations or best practices for responding to an
incident described in subsection (a)(1).
(4) Dissemination of recommendations and best practices.--
The Secretary and the Commissioner shall--
(A) share the recommendations or best practices
identified under paragraph (3)(B) among the members of
the interagency Import Safety Working Group established
under section 201 and with, as appropriate--
(i) State, local, and tribal governments;
(ii) foreign governments; and
(iii) private sector entities; and
(B) use such recommendations and best practices to
update the joint import safety rapid response plan.
SEC. 203. <<NOTE: 19 USC 4333.>> TRAINING.
The Commissioner shall ensure that personnel of U.S. Customs and
Border Protection assigned to United States ports of entry are trained
to effectively administer the provisions of this title and to otherwise
assist in ensuring the safety of merchandise
[[Page 130 STAT. 149]]
imported into the United States and the expeditious entry of such
merchandise.
TITLE III--IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
SEC. 301. <<NOTE: 19 USC 4341.>> DEFINITION OF INTELLECTUAL
PROPERTY RIGHTS.
In this title, the term ``intellectual property rights'' refers to
copyrights, trademarks, and other forms of intellectual property rights
that are enforced by U.S. Customs and Border Protection or U.S.
Immigration and Customs Enforcement.
SEC. 302. EXCHANGE OF INFORMATION RELATED TO TRADE ENFORCEMENT.
(a) In General.--The Tariff Act of 1930 is amended by inserting
after section 628 (19 U.S.C. 1628) the following new section:
``SEC. 628A. <<NOTE: 19 USC 1628a.>> EXCHANGE OF INFORMATION
RELATED TO TRADE ENFORCEMENT.
``(a) In General.--Subject to subsections (c) and (d), if the
Commissioner of U.S. Customs and Border Protection suspects that
merchandise is being imported into the United States in violation of
section 526 of this Act or section 602, 1201(a)(2), or 1201(b)(1) of
title 17, United States Code, and determines that the examination or
testing of the merchandise by a person described in subsection (b) would
assist the Commissioner in determining if the merchandise is being
imported in violation of that section, the Commissioner, to permit the
person to conduct the examination and testing--
``(1) shall provide to the person information that appears
on the merchandise and its packaging and labels, including
unredacted images of the merchandise and its packaging and
labels; and
``(2) may, subject to any applicable bonding requirements,
provide to the person unredacted samples of the merchandise.
``(b) Person Described.--A person described in this subsection is--
``(1) in the case of merchandise suspected of being imported
in violation of section 526, the owner of the trademark
suspected of being copied or simulated by the merchandise;
``(2) in the case of merchandise suspected of being imported
in violation of section 602 of title 17, United States Code, the
owner of the copyright suspected of being infringed by the
merchandise;
``(3) in the case of merchandise suspected of being
primarily designed or produced for the purpose of circumventing
a technological measure that effectively controls access to a
work protected under that title, and being imported in violation
of section 1201(a)(2) of that title, the owner of a copyright in
the work; and
``(4) in the case of merchandise suspected of being
primarily designed or produced for the purpose of circumventing
protection afforded by a technological measure that effectively
protects a right of an owner of a copyright in a work or a
portion
[[Page 130 STAT. 150]]
of a work, and being imported in violation of section 1201(b)(1)
of that title, the owner of the copyright.
``(c) <<NOTE: Applicability.>> Limitation.--Subsection (a) applies
only with respect to merchandise suspected of infringing a trademark or
copyright that is recorded with U.S. Customs and Border Protection.
``(d) Exception.--The Commissioner may not provide under subsection
(a) information, photographs, or samples to a person described in
subsection (b) if providing such information, photographs, or samples
would compromise an ongoing law enforcement investigation or national
security.''.
(b) <<NOTE: 10 USC 2302 note.>> Termination of Previous
Authority.--Notwithstanding paragraph (2) of section 818(g) of the
National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-
81; 125 Stat. 1496; 10 U.S.C. 2302 note), paragraph (1) of that section
shall have no force or effect on or after the date of the enactment of
this Act.
SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES.
(a) In General.--Section 596(c)(2) of the Tariff Act of 1930 (19
U.S.C. 1595a(c)(2)) is amended--
(1) in subparagraph (E), by striking ``or'';
(2) in subparagraph (F), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(G) U.S. Customs and Border Protection determines
it is a technology, product, service, device, component,
or part thereof the importation of which is prohibited
under subsection (a)(2) or (b)(1) of section 1201 of
title 17, United States Code.''.
(b) <<NOTE: Deadlines. 19 USC 4342.>> Notification of Persons
Injured.--
(1) In general.--Not later than the date that is 30 business
days after seizing merchandise pursuant to subparagraph (G) of
section 596(c)(2) of the Tariff Act of 1930, as added by
subsection (a), the Commissioner shall provide to any person
identified under paragraph (2) information regarding the
merchandise seized that is equivalent to information provided to
copyright owners under regulations of U.S. Customs and Border
Protection for merchandise seized for violation of the copyright
laws.
(2) <<NOTE: List.>> Persons to be provided information.--
Any person injured by the violation of subsection (a)(2) or
(b)(1) of section 1201 of title 17, United States Code, that
resulted in the seizure of the merchandise shall be provided
information under paragraph (1), if that person is included on a
list to be established and maintained by the
Commissioner. <<NOTE: Federal Register, publication.>> The
Commissioner shall publish notice of the establishment of and
revisions to the list in the Federal Register.
(3) <<NOTE: Procedures.>> Regulations.--Not later than the
date that is one year after the date of the enactment of this
Act, the Secretary of the Treasury shall prescribe regulations
establishing procedures that implement this subsection.
SEC. 304. <<NOTE: Deadline. 19 USC 4343.>> ENFORCEMENT BY U.S.
CUSTOMS AND BORDER PROTECTION OF WORKS FOR
WHICH COPYRIGHT REGISTRATION IS PENDING.
Not later than the date that is 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
authorize a process pursuant to which the Commissioner
[[Page 130 STAT. 151]]
shall enforce a copyright for which the owner has submitted an
application for registration under title 17, United States Code, with
the United States Copyright Office, to the same extent and in the same
manner as if the copyright were registered with the Copyright Office,
including by sharing information, images, and samples of merchandise
suspected of infringing the copyright under section 628A of the Tariff
Act of 1930, as added by section 302.
SEC. 305. <<NOTE: 19 USC 4344.>> NATIONAL INTELLECTUAL PROPERTY
RIGHTS COORDINATION CENTER.
(a) Establishment.--The Secretary of Homeland Security shall--
(1) <<NOTE: Appointment.>> establish within U.S.
Immigration and Customs Enforcement a National Intellectual
Property Rights Coordination Center; and
(2) appoint an Assistant Director to head the National
Intellectual Property Rights Coordination Center.
(b) Duties.--The Assistant Director of the National Intellectual
Property Rights Coordination Center shall--
(1) coordinate the investigation of sources of merchandise
that infringe intellectual property rights to identify
organizations and individuals that produce, smuggle, or
distribute such merchandise;
(2) conduct and coordinate training with other domestic and
international law enforcement agencies on investigative best
practices--
(A) to develop and expand the capability of such
agencies to enforce intellectual property rights; and
(B) to develop metrics to assess whether the
training improved enforcement of intellectual property
rights;
(3) coordinate, with U.S. Customs and Border Protection,
activities conducted by the United States to prevent the
importation or exportation of merchandise that infringes
intellectual property rights;
(4) support the international interdiction of merchandise
destined for the United States that infringes intellectual
property rights;
(5) collect and integrate information regarding infringement
of intellectual property rights from domestic and international
law enforcement agencies and other non-Federal sources;
(6) develop a means to receive and organize information
regarding infringement of intellectual property rights from such
agencies and other sources;
(7) disseminate information regarding infringement of
intellectual property rights to other Federal agencies, as
appropriate;
(8) develop and implement risk-based alert systems, in
coordination with U.S. Customs and Border Protection, to improve
the targeting of persons that repeatedly infringe intellectual
property rights;
(9) coordinate with the offices of United States attorneys
in order to develop expertise in, and assist with the
investigation and prosecution of, crimes relating to the
infringement of intellectual property rights; and
(10) carry out such other duties as the Secretary of
Homeland Security may assign.
[[Page 130 STAT. 152]]
(c) Coordination With Other Agencies.--In carrying out the duties
described in subsection (b), the Assistant Director of the National
Intellectual Property Rights Coordination Center shall coordinate with--
(1) U.S. Customs and Border Protection;
(2) the Food and Drug Administration;
(3) the Department of Justice;
(4) the Department of Commerce, including the United States
Patent and Trademark Office;
(5) the United States Postal Inspection Service;
(6) the Office of the United States Trade Representative;
(7) any Federal, State, local, or international law
enforcement agencies that the Director of U.S. Immigration and
Customs Enforcement considers appropriate; and
(8) any other entities that the Director considers
appropriate.
(d) Private Sector Outreach.--
(1) In general.--The Assistant Director of the National
Intellectual Property Rights Coordination Center shall work with
U.S. Customs and Border Protection and other Federal agencies to
conduct outreach to private sector entities in order to
determine trends in and methods of infringing intellectual
property rights.
(2) Information sharing.--The Assistant Director shall share
information and best practices with respect to the enforcement
of intellectual property rights with private sector entities, as
appropriate, in order to coordinate public and private sector
efforts to combat the infringement of intellectual property
rights.
SEC. 306. <<NOTE: 19 USC 4345.>> JOINT STRATEGIC PLAN FOR THE
ENFORCEMENT OF INTELLECTUAL PROPERTY
RIGHTS.
The Commissioner and the Director of U.S. Immigration and Customs
Enforcement shall include in the joint strategic plan required by
section 105--
(1) a description of the efforts of the Department of
Homeland Security to enforce intellectual property rights;
(2) <<NOTE: List. Time period.>> a list of the 10 United
States ports of entry at which U.S. Customs and Border
Protection has seized the most merchandise, both by volume and
by value, that infringes intellectual property rights during the
most recent 2-year period for which data are available; and
(3) <<NOTE: Recommenda- tions.>> a recommendation for the
optimal allocation of personnel, resources, and technology to
ensure that U.S. Customs and Border Protection and U.S.
Immigration and Customs Enforcement are adequately enforcing
intellectual property rights.
SEC. 307. <<NOTE: 19 USC 4346.>> PERSONNEL DEDICATED TO THE
ENFORCEMENT OF INTELLECTUAL PROPERTY
RIGHTS.
(a) Personnel of U.S. Customs and Border Protection.--The
Commissioner and the Director of U.S. Immigration and Customs
Enforcement shall ensure that sufficient personnel are assigned
throughout U.S. Customs and Border Protection and U.S. Immigration and
Customs Enforcement, respectively, who have responsibility for
preventing the importation into the United States of merchandise that
infringes intellectual property rights.
[[Page 130 STAT. 153]]
(b) Staffing of National Intellectual Property Rights Coordination
Center.--The Commissioner shall--
(1) assign not fewer than 3 full-time employees of U.S.
Customs and Border Protection to the National Intellectual
Property Rights Coordination Center established under section
305; and
(2) ensure that sufficient personnel are assigned to United
States ports of entry to carry out the directives of the Center.
SEC. 308. <<NOTE: 19 USC 4347.>> TRAINING WITH RESPECT TO THE
ENFORCEMENT OF INTELLECTUAL PROPERTY
RIGHTS.
(a) Training.--The Commissioner shall ensure that officers of U.S.
Customs and Border Protection are trained to effectively detect and
identify merchandise destined for the United States that infringes
intellectual property rights, including through the use of technologies
identified under subsection (c).
(b) Consultation With Private Sector.--The Commissioner shall
consult with private sector entities to better identify opportunities
for collaboration between U.S. Customs and Border Protection and such
entities with respect to training for officers of U.S. Customs and
Border Protection in enforcing intellectual property rights.
(c) <<NOTE: Consultation.>> Identification of New Technologies.--In
consultation with private sector entities, the Commissioner shall
identify--
(1) technologies with the cost-effective capability to
detect and identify merchandise at United States ports of entry
that infringes intellectual property rights; and
(2) cost-effective programs for training officers of U.S.
Customs and Border Protection to use such technologies.
(d) <<NOTE: Deadline. Regulations.>> Donations of Technology.--Not
later than the date that is 180 days after the date of the enactment of
this Act, the Commissioner shall prescribe regulations to enable U.S.
Customs and Border Protection to receive donations of hardware,
software, equipment, and similar technologies, and to accept training
and other support services, from private sector entities, for the
purpose of enforcing intellectual property rights.
SEC. 309. <<NOTE: 19 USC 4348.>> INTERNATIONAL COOPERATION AND
INFORMATION SHARING.
(a) <<NOTE: Coordination.>> Cooperation.--The Secretary of Homeland
Security shall coordinate with the competent law enforcement and customs
authorities of foreign countries, including by sharing information
relevant to enforcement actions, to enhance the efforts of the United
States and such authorities to enforce intellectual property rights.
(b) Technical Assistance.--The Secretary of Homeland Security shall
provide technical assistance to competent law enforcement and customs
authorities of foreign countries to enhance the ability of such
authorities to enforce intellectual property rights.
(c) Interagency Collaboration.--The Commissioner and the Director of
U.S. Immigration and Customs Enforcement shall lead interagency efforts
to collaborate with law enforcement and customs authorities of foreign
countries to enforce intellectual property rights.
SEC. 310. <<NOTE: Summaries. 19 USC 4349.>> REPORT ON
INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT.
Not later than September 30, 2016, and annually thereafter, the
Commissioner and the Director of U.S. Immigration and Customs
Enforcement shall jointly submit to the Committee on Finance
[[Page 130 STAT. 154]]
of the Senate, the Committee on Ways and Means of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committee on Homeland Security of the
House of Representatives a report that contains the following:
(1) With respect to the enforcement of intellectual property
rights, the following:
(A) The number of referrals, during the preceding
year, from U.S. Customs and Border Protection to U.S.
Immigration and Customs Enforcement relating to
infringement of intellectual property rights.
(B) The number of investigations relating to the
infringement of intellectual property rights referred by
U.S. Immigration and Customs Enforcement to a United
States attorney for prosecution and the United States
attorneys to which those investigations were referred.
(C) The number of such investigations accepted by
each such United States attorney and the status or
outcome of each such investigation.
(D) The number of such investigations that resulted
in the imposition of civil or criminal penalties.
(E) A description of the efforts of U.S. Customs and
Border Protection and U.S. Immigration and Customs
Enforcement to improve the success rates of
investigations and prosecutions relating to the
infringement of intellectual property rights.
(2) An estimate of the average time required by the Office
of Trade established under section 4 of the Act of March 3, 1927
(44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), as added
by section 802(h) of this Act, to respond to a request from port
personnel for advice with respect to whether merchandise
detained by U.S. Customs and Border Protection infringed
intellectual property rights, distinguished by types of
intellectual property rights infringed.
(3) A summary of the outreach efforts of U.S. Customs and
Border Protection and U.S. Immigration and Customs Enforcement
with respect to--
(A) the interdiction and investigation of, and the
sharing of information between those agencies and other
Federal agencies to prevent, the infringement of
intellectual property rights;
(B) collaboration with private sector entities--
(i) to identify trends in the infringement of,
and technologies that infringe, intellectual
property rights;
(ii) to identify opportunities for enhanced
training of officers of U.S. Customs and Border
Protection and U.S. Immigration and Customs
Enforcement; and
(iii) to develop best practices to enforce
intellectual property rights; and
(C) coordination with foreign governments and
international organizations with respect to the
enforcement of intellectual property rights.
(4) A summary of the efforts of U.S. Customs and Border
Protection and U.S. Immigration and Customs Enforcement to
address the challenges with respect to the enforcement of
intellectual property rights presented by Internet commerce and
the transit of small packages and an identification of
[[Page 130 STAT. 155]]
the volume, value, and type of merchandise seized for infringing
intellectual property rights as a result of such efforts.
(5) A summary of training relating to the enforcement of
intellectual property rights conducted under section 308 and
expenditures for such training.
SEC. 311. <<NOTE: 19 USC 4350.>> INFORMATION FOR TRAVELERS
REGARDING VIOLATIONS OF INTELLECTUAL
PROPERTY RIGHTS.
(a) In General.--The Secretary of Homeland Security shall develop
and carry out an educational campaign to inform travelers entering or
leaving the United States about the legal, economic, and public health
and safety implications of acquiring merchandise that infringes
intellectual property rights outside the United States and importing
such merchandise into the United States in violation of United States
law.
(b) <<NOTE: Time period. Warning.>> Declaration Forms.--The
Commissioner shall ensure that all versions of Declaration Form 6059B of
U.S. Customs and Border Protection, or a successor form, including any
electronic equivalent of Declaration Form 6059B or a successor form,
printed or displayed on or after the date that is 30 days after the date
of the enactment of this Act include a written warning to inform
travelers arriving in the United States that importation of merchandise
into the United States that infringes intellectual property rights may
subject travelers to civil or criminal penalties and may pose serious
risks to safety or health.
TITLE IV--PREVENTION <<NOTE: Enforce and Protect Act of 2015.>> OF
EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS
SEC. 401. <<NOTE: 19 USC 4301 note.>> SHORT TITLE.
This title may be cited as the ``Enforce and Protect Act of 2015''.
SEC. 402. <<NOTE: 19 USC 4361.>> DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Finance and the Committee on
Appropriations of the Senate; and
(B) the Committee on Ways and Means and the
Committee on Appropriations of the House of
Representatives.
(2) Covered merchandise.--The term ``covered merchandise''
means merchandise that is subject to--
(A) a countervailing duty order issued under section
706 of the Tariff Act of 1930 (19 U.S.C. 1671e); or
(B) an antidumping duty order issued under section
736 of the Tariff Act of 1930 (19 U.S.C. 1673e).
(3) Eligible small business.--
(A) In general.--The term ``eligible small
business'' means any business concern that, in the
judgment of the Commissioner, due to its small size, has
neither adequate internal resources nor financial
ability to obtain qualified outside assistance in
preparing and submitting for consideration allegations
of evasion.
[[Page 130 STAT. 156]]
(B) Nonreviewability.--Any agency decision regarding
whether a business concern is an eligible small business
for purposes of section 411(b)(4)(E) is not reviewable
by any other agency or by any court.
(4) Enter; entry.--The terms ``enter'' and ``entry'' refer
to the entry, or withdrawal from warehouse for consumption, of
merchandise in the customs territory of the United States.
(5) Evade; evasion.--The terms ``evade'' and ``evasion''
refer to entering covered merchandise into the customs territory
of the United States by means of any document or electronically
transmitted data or information, written or oral statement, or
act that is material and false, or any omission that is
material, and that results in any cash deposit or other security
or any amount of applicable antidumping or countervailing duties
being reduced or not being applied with respect to the
merchandise.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
(7) Trade remedy laws.--The term ``trade remedy laws'' means
title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.).
SEC. 403. <<NOTE: 19 USC 4362.>> APPLICATION TO CANADA AND
MEXICO.
Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3438), this title and the amendments made
by this title shall apply with respect to goods from Canada and Mexico.
Subtitle A--Actions Relating to Enforcement of Trade Remedy Laws
SEC. 411. <<NOTE: 19 USC 4371.>> TRADE REMEDY LAW ENFORCEMENT
DIVISION.
(a) Establishment.--
(1) In general.--The Secretary of Homeland Security shall
establish and maintain within the Office of Trade established
under section 4 of the Act of March 3, 1927 (44 Stat. 1381,
chapter 348; 19 U.S.C. 2071 et seq.), as added by section 802(h)
of this Act, a Trade Remedy Law Enforcement Division.
(2) Composition.--The Trade Remedy Law Enforcement Division
shall be composed of--
(A) headquarters personnel led by a Director, who
shall report to the Executive Assistant Commissioner of
the Office of Trade; and
(B) a National Targeting and Analysis Group
dedicated to preventing and countering evasion.
(3) Duties.--The Trade Remedy Law Enforcement Division shall
be dedicated--
(A) to the development and administration of
policies to prevent and counter evasion, including
policies relating to the implementation of section 517
of the Tariff Act of 1930, as added by section 421 of
this Act;
(B) to direct enforcement and compliance assessment
activities concerning evasion;
[[Page 130 STAT. 157]]
(C) to the development and conduct of commercial
risk assessment targeting with respect to cargo destined
for the United States in accordance with subsection (c);
(D) to issuing Trade Alerts described in subsection
(d); and
(E) to the development of policies for the
application of single entry and continuous bonds for
entries of covered merchandise to sufficiently protect
the collection of antidumping and countervailing duties
commensurate with the level of risk of noncollection.
(b) Duties of Director.--The duties of the Director of the Trade
Remedy Law Enforcement Division shall include--
(1) directing the trade enforcement and compliance
assessment activities of U.S. Customs and Border Protection that
concern evasion;
(2) facilitating, promoting, and coordinating cooperation
and the exchange of information between U.S. Customs and Border
Protection, U.S. Immigration and Customs Enforcement, and other
relevant Federal agencies regarding evasion;
(3) notifying on a timely basis the administering authority
(as defined in section 771(1) of the Tariff Act of 1930 (19
U.S.C. 1677(1))) and the Commission (as defined in section
771(2) of the Tariff Act of 1930 (19 U.S.C. 1677(2))) of any
finding, determination, civil action, or criminal action taken
by U.S. Customs and Border Protection or other Federal agency
regarding evasion;
(4) serving as the primary liaison between U.S. Customs and
Border Protection and the public regarding activities concerning
evasion, including activities relating to investigations
conducted under section 517 of the Tariff Act of 1930, as added
by section 421 of this Act, which include--
(A) receiving allegations of evasion from parties,
including allegations described in section 517(b)(2) of
the Tariff Act of 1930, as so added;
(B) upon request by the party or parties that
submitted such an allegation of evasion, providing
information to such party or parties on the status of
U.S. Customs and Border Protection's consideration of
the allegation and decision to pursue or not pursue any
administrative inquiries or other actions, such as
changes in policies, procedures, or resource allocation
as a result of the allegation;
(C) as needed, requesting from the party or parties
that submitted such an allegation of evasion any
additional information that may be relevant for U.S.
Customs and Border Protection determining whether to
initiate an administrative inquiry or take any other
action regarding the allegation;
(D) notifying on a timely basis the party or parties
that submitted such an allegation of the results of any
administrative, civil, or criminal actions taken by U.S.
Customs and Border Protection or other Federal agency
regarding evasion as a direct or indirect result of the
allegation;
(E) upon request, providing technical assistance and
advice to eligible small businesses to enable such
businesses to prepare and submit such an allegation of
[[Page 130 STAT. 158]]
evasion, except that the Director may deny technical
assistance if the Director concludes that the
allegation, if submitted, would not lead to the
initiation of an administrative inquiry or any other
action to address the allegation;
(F) in cooperation with the public, the Commercial
Customs Operations Advisory Committee established under
section 109, the Trade Support Network, and any other
relevant parties and organizations, developing
guidelines on the types and nature of information that
may be provided in such an allegation of evasion; and
(G) consulting regularly with the public, the
Commercial Customs Operations Advisory Committee, the
Trade Support Network, and any other relevant parties
and organizations regarding the development and
implementation of regulations, interpretations, and
policies related to countering evasion.
(c) Preventing and Countering Evasion of the Trade Remedy Laws.--In
carrying out its duties with respect to preventing and countering
evasion, the National Targeting and Analysis Group dedicated to
preventing and countering evasion shall--
(1) establish targeted risk assessment methodologies and
standards--
(A) for evaluating the risk that cargo destined for
the United States may constitute evading covered
merchandise; and
(B) for issuing, as appropriate, Trade Alerts
described in subsection (d); and
(2) to the extent practicable and otherwise authorized by
law, use information available from the Automated Commercial
System, the Automated Commercial Environment, the Automated
Targeting System, the Automated Export System, the International
Trade Data System established under section 411(d) of the Tariff
Act of 1930 (19 U.S.C. 1411(d)), and the TECS (formerly known as
the ``Treasury Enforcement Communications System''), and any
similar and successor systems, to administer the methodologies
and standards established under paragraph (1).
(d) Trade Alerts.--Based upon the application of the targeted risk
assessment methodologies and standards established under subsection (c),
the Director of the Trade Remedy Law Enforcement Division shall issue
Trade Alerts or other such means of notification to directors of United
States ports of entry directing further inspection, physical
examination, or testing of merchandise to ensure compliance with the
trade remedy laws and to require additional bonds, cash deposits, or
other security to ensure collection of any duties, taxes, and fees owed.
SEC. 412. <<NOTE: 19 USC 4372.>> COLLECTION OF INFORMATION ON
EVASION OF TRADE REMEDY LAWS.
(a) <<NOTE: Determination.>> Authority to Collect Information.--To
determine whether covered merchandise is being entered into the customs
territory of the United States through evasion, the Secretary, acting
through the Commissioner--
(1) shall exercise all existing authorities to collect
information needed to make the determination; and
(2) may collect such additional information as is necessary
to make the determination through such methods as the
[[Page 130 STAT. 159]]
Commissioner considers appropriate, including by issuing
questionnaires with respect to the entry or entries at issue
to--
(A) a person who filed an allegation with respect to
the covered merchandise;
(B) a person who is alleged to have entered the
covered merchandise into the customs territory of the
United States through evasion; or
(C) any other person who is determined to have
information relevant to the allegation of entry of
covered merchandise into the customs territory of the
United States through evasion.
(b) Adverse Inference.--
(1) Use of adverse inference.--
(A) In general.--If the Secretary finds that a
person described in subparagraph (B) has failed to
cooperate by not acting to the best of the person's
ability to comply with a request for information under
subsection (a), the Secretary may, in making a
determination whether an entry or entries of covered
merchandise may constitute merchandise that is entered
into the customs territory of the United States through
evasion, use an inference that is adverse to the
interests of that person in selecting from among the
facts otherwise available to determine whether evasion
has occurred.
(B) Person described.--A person described in this
subparagraph is--
(i) a person who filed an allegation with
respect to covered merchandise;
(ii) a person alleged to have entered covered
merchandise into the customs territory of the
United States through evasion; or
(iii) a foreign producer or exporter of
covered merchandise that is alleged to have
entered into the customs territory of the United
States through evasion.
(C) Application.--An inference described in
subparagraph (A) may be used under that subparagraph
with respect to a person described in clause (ii) or
(iii) of subparagraph (B) without regard to whether
another person involved in the same transaction or
transactions under examination has provided the
information sought by the Secretary, such as import or
export documentation.
(2) Adverse inference described.--An adverse inference used
under paragraph (1)(A) may include reliance on information
derived from--
(A) the allegation of evasion of the trade remedy
laws, if any, submitted to U.S. Customs and Border
Protection;
(B) a determination by the Commissioner in another
investigation, proceeding, or other action regarding
evasion of the unfair trade laws; or
(C) any other available information.
SEC. 413. ACCESS TO INFORMATION.
(a) In General.--Section 777(b)(1)(A)(ii) of the Tariff Act of 1930
(19 U.S.C. 1677f(b)(1)(A)(ii)) is amended by inserting ``negligence,
gross negligence, or'' after ``regarding''.
[[Page 130 STAT. 160]]
(b) <<NOTE: 19 USC 4373.>> Additional Information.--Notwithstanding
any other provision of law, the Secretary is authorized to provide to
the Secretary of Commerce or the United States International Trade
Commission any information that is necessary to enable the Secretary of
Commerce or the United States International Trade Commission to assist
the Secretary to identify, through risk assessment targeting or
otherwise, covered merchandise that is entered into the customs
territory of the United States through evasion.
SEC. 414. <<NOTE: 19 USC 4374.>> COOPERATION WITH FOREIGN
COUNTRIES ON PREVENTING EVASION OF TRADE
REMEDY LAWS.
(a) Bilateral Agreements.--
(1) <<NOTE: Negotiation.>> In general.--The Secretary shall
seek to negotiate and enter into bilateral agreements with the
customs authorities or other appropriate authorities of foreign
countries for purposes of cooperation on preventing evasion of
the trade remedy laws of the United States and the trade remedy
laws of the other country.
(2) Provisions and authorities.--The Secretary shall seek to
include in each such bilateral agreement the following
provisions and authorities:
(A) <<NOTE: Regulations. Procedures. Records. Determinati
on.>> On the request of the importing country, the
exporting country shall provide, consistent with its
laws, regulations, and procedures, production, trade,
and transit documents and other information necessary to
determine whether an entry or entries exported from the
exporting country are subject to the importing country's
trade remedy laws.
(B) <<NOTE: Verification. Determination.>> On the
written request of the importing country, the exporting
country shall conduct a verification for purposes of
enabling the importing country to make a determination
described in subparagraph (A).
(C) The exporting country may allow the importing
country to participate in a verification described in
subparagraph (B), including through a site visit.
(D) If the exporting country does not allow
participation of the importing country in a verification
described in subparagraph (B), the importing country may
take this fact into consideration in its trade
enforcement and compliance assessment activities
regarding the compliance of the exporting country's
exports with the importing country's trade remedy laws.
(b) Consideration.--The Commissioner is authorized to take into
consideration whether a country is a signatory to a bilateral agreement
described in subsection (a) and the extent to which the country is
cooperating under the bilateral agreement for purposes of trade
enforcement and compliance assessment activities of U.S. Customs and
Border Protection that concern evasion by such country's exports.
(c) Report.--Not later than December 31 of each calendar year
beginning after the date of the enactment of this Act, the Secretary
shall submit to the appropriate congressional committees a report
summarizing--
(1) the status of any ongoing negotiations of bilateral
agreements described in subsection (a), including the identities
of the countries involved in such negotiations;
[[Page 130 STAT. 161]]
(2) the terms of any completed bilateral agreements
described in subsection (a); and
(3) bilateral cooperation and other activities conducted
pursuant to or enabled by any completed bilateral agreements
described in subsection (a).
SEC. 415. <<NOTE: 19 USC 4375.>> TRADE NEGOTIATING OBJECTIVES.
The principal negotiating objectives of the United States shall
include obtaining the objectives of the bilateral agreements described
under section 414(a) for any trade agreements under negotiation as of
the date of the enactment of this Act or future trade agreement
negotiations.
Subtitle B--Investigation of Evasion of Trade Remedy Laws
SEC. 421. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF
ANTIDUMPING AND COUNTERVAILING DUTY
ORDERS.
(a) In General.--The Tariff Act of 1930 is amended by inserting
after section 516A (19 U.S.C. 1516a) the following:
``SEC. 517. <<NOTE: 19 USC 1517.>> PROCEDURES FOR INVESTIGATING
CLAIMS OF EVASION OF ANTIDUMPING AND
COUNTERVAILING DUTY ORDERS.
``(a) Definitions.--In this section:
``(1) Administering authority.--The term `administering
authority' has the meaning given that term in section 771(1).
``(2) Commissioner.--The term `Commissioner' means the
Commissioner of U.S. Customs and Border Protection.
``(3) Covered merchandise.--The term `covered merchandise'
means merchandise that is subject to--
``(A) an antidumping duty order issued under section
736; or
``(B) a countervailing duty order issued under
section 706.
``(4) Enter; entry.--The terms `enter' and `entry' refer to
the entry, or withdrawal from warehouse for consumption, of
merchandise into the customs territory of the United States.
``(5) Evasion.--
``(A) In general.--Except as provided in
subparagraph (B), the term `evasion' refers to entering
covered merchandise into the customs territory of the
United States by means of any document or electronically
transmitted data or information, written or oral
statement, or act that is material and false, or any
omission that is material, and that results in any cash
deposit or other security or any amount of applicable
antidumping or countervailing duties being reduced or
not being applied with respect to the merchandise.
``(B) Exception for clerical error.--
``(i) In general.--Except as provided in
clause (ii), the term `evasion' does not include
entering covered merchandise into the customs
territory of the United States by means of--
``(I) a document or electronically
transmitted data or information, written
or oral statement,
[[Page 130 STAT. 162]]
or act that is false as a result of a
clerical error; or
``(II) an omission that results from
a clerical error.
``(ii) <<NOTE: Determination.>> Patterns of
negligent conduct.--If the Commissioner determines
that a person has entered covered merchandise into
the customs territory of the United States by
means of a clerical error referred to in subclause
(I) or (II) of clause (i) and that the clerical
error is part of a pattern of negligent conduct on
the part of that person, the Commissioner may
determine, notwithstanding clause (i), that the
person has entered such covered merchandise into
the customs territory of the United States through
evasion.
``(iii) Electronic repetition of errors.--For
purposes of clause (ii), the mere nonintentional
repetition by an electronic system of an initial
clerical error does not constitute a pattern of
negligent conduct.
``(iv) Rule of construction.--A determination
by the Commissioner that a person has entered
covered merchandise into the customs territory of
the United States by means of a clerical error
referred to in subclause (I) or (II) of clause (i)
rather than through evasion shall not be construed
to excuse that person from the payment of any
duties applicable to the merchandise.
``(6) Interested party.--
``(A) In general.--The term `interested party'
means--
``(i) a foreign manufacturer, producer, or
exporter, or the United States importer, of
covered merchandise or a trade or business
association a majority of the members of which are
producers, exporters, or importers of such
merchandise;
``(ii) a manufacturer, producer, or wholesaler
in the United States of a domestic like product;
``(iii) a certified union or recognized union
or group of workers that is representative of an
industry engaged in the manufacture, production,
or wholesale in the United States of a domestic
like product;
``(iv) a trade or business association a
majority of the members of which manufacture,
produce, or wholesale a domestic like product in
the United States;
``(v) an association a majority of the members
of which is composed of interested parties
described in clause (ii), (iii), or (iv) with
respect to a domestic like product; and
``(vi) if the covered merchandise is a
processed agricultural product, as defined in
section 771(4)(E), a coalition or trade
association that is representative of either--
``(I) processors;
``(II) processors and producers; or
``(III) processors and growers.
``(B) Domestic like product.--For purposes of
subparagraph (A), the term `domestic like product' means
a product that is like, or in the absence of like, most
[[Page 130 STAT. 163]]
similar in characteristics and uses with, covered
merchandise.
``(b) Investigations.--
``(1) <<NOTE: Deadline. Determination.>> In general.--Not
later than 15 business days after receiving an allegation
described in paragraph (2) or a referral described in paragraph
(3), the Commissioner shall initiate an investigation if the
Commissioner determines that the information provided in the
allegation or the referral, as the case may be, reasonably
suggests that covered merchandise has been entered into the
customs territory of the United States through evasion.
``(2) Allegation described.--An allegation described in this
paragraph is an allegation that a person has entered covered
merchandise into the customs territory of the United States
through evasion that is--
``(A) filed with the Commissioner by an interested
party; and
``(B) accompanied by information reasonably
available to the party that filed the allegation.
``(3) Referral described.--A referral described in this
paragraph is information submitted to the Commissioner by any
other Federal agency, including the Department of Commerce or
the United States International Trade Commission, that
reasonably suggests that a person has entered covered
merchandise into the customs territory of the United States
through evasion.
``(4) Consideration by administering authority.--
``(A) In general.--If the Commissioner receives an
allegation under paragraph (2) and is unable to
determine whether the merchandise at issue is covered
merchandise, the Commissioner shall--
``(i) <<NOTE: Referral.>> refer the matter to
the administering authority to determine whether
the merchandise is covered merchandise pursuant to
the authority of the administering authority under
title VII; and
``(ii) <<NOTE: Notification.>> notify the
party that filed the allegation, and any other
interested party participating in the
investigation, of the referral.
``(B) Determination; transmission to commissioner.--
After receiving a referral under subparagraph (A)(i)
with respect to merchandise, the administering authority
shall determine whether the merchandise is covered
merchandise and promptly transmit that determination to
the Commissioner.
``(C) Stay of deadlines.--The period required for
any referral and determination under this paragraph
shall not be counted in calculating any deadline under
this section.
``(D) Rule of construction.--Nothing in this
paragraph shall be construed to affect the authority of
an interested party to commence an action in the United
States Court of International Trade under section
516A(a)(2) with respect to a determination of the
administering authority under this paragraph.
``(5) Consolidation of allegations and referrals.--
``(A) In general.--The Commissioner may consolidate
multiple allegations described in paragraph (2) and
referrals described in paragraph (3) into a single
investigation
[[Page 130 STAT. 164]]
if the Commissioner determines it is appropriate to do
so.
``(B) Effect on timing requirements.--If the
Commissioner consolidates multiple allegations or
referrals into a single investigation under subparagraph
(A), the date on which the Commissioner receives the
first such allegation or referral shall be used for
purposes of the requirement under paragraph (1) with
respect to the timing of the initiation of the
investigation.
``(6) Information-sharing to protect health and safety.--If,
during the course of conducting an investigation under paragraph
(1) with respect to covered merchandise, the Commissioner has
reason to suspect that such covered merchandise may pose a
health or safety risk to consumers, the Commissioner shall
provide, as appropriate, information to the appropriate Federal
agencies for purposes of mitigating the risk.
``(7) Technical assistance and advice.--
``(A) In general.--Upon request, the Commissioner
shall provide technical assistance and advice to
eligible small businesses to enable such businesses to
prepare and submit allegations described in paragraph
(2), except that the Commissioner may deny technical
assistance if the Commissioner concludes that the
allegation, if submitted, would not lead to the
initiation of an investigation under this subsection or
any other action to address the allegation.
``(B) Eligible small business defined.--
``(i) In general.--In this paragraph, the term
`eligible small business' means any business
concern that the Commissioner determines, due to
its small size, has neither adequate internal
resources nor the financial ability to obtain
qualified outside assistance in preparing and
filing allegations described in paragraph (2).
``(ii) Non-reviewability.--The determination
of the Commissioner regarding whether a business
concern is an eligible small business for purposes
of this paragraph is not reviewable by any other
agency or by any court.
``(c) Determinations.--
``(1) Determination of evasion.--
``(A) <<NOTE: Deadline.>> In general.--Except as
provided in subparagraph (B), not later than 300
calendar days after the date on which the Commissioner
initiates an investigation under subsection (b) with
respect to covered merchandise, the Commissioner shall
make a determination, based on substantial evidence,
with respect to whether such covered merchandise was
entered into the customs territory of the United States
through evasion.
``(B) Additional time.--The Commissioner may extend
the time to make a determination under subparagraph (A)
by not more than 60 calendar days if the Commissioner
determines that--
``(i) the investigation is extraordinarily
complicated because of--
``(I) the number and complexity of
the transactions to be investigated;
[[Page 130 STAT. 165]]
``(II) the novelty of the issues
presented; or
``(III) the number of entities to be
investigated; and
``(ii) additional time is necessary to make
the determination under subparagraph (A).
``(2) Authority to collect and verify additional
information.--In making a determination under paragraph (1) with
respect to covered merchandise, the Commissioner may collect
such additional information as is necessary to make the
determination through such methods as the Commissioner considers
appropriate, including by--
``(A) issuing a questionnaire with respect to such
covered merchandise to--
``(i) an interested party that filed an
allegation under paragraph (2) of subsection (b)
that resulted in the initiation of an
investigation under paragraph (1) of that
subsection with respect to such covered
merchandise;
``(ii) a person alleged to have entered such
covered merchandise into the customs territory of
the United States through evasion;
``(iii) a person that is a foreign producer or
exporter of such covered merchandise; or
``(iv) the government of a country from which
such covered merchandise was exported; and
``(B) conducting verifications, including on-site
verifications, of any relevant information.
``(3) Adverse inference.--
``(A) In general.--If the Commissioner finds that a
party or person described in clause (i), (ii), or (iii)
of paragraph (2)(A) has failed to cooperate by not
acting to the best of the party or person's ability to
comply with a request for information, the Commissioner
may, in making a determination under paragraph (1), use
an inference that is adverse to the interests of that
party or person in selecting from among the facts
otherwise available to make the determination.
``(B) Application.--An inference described in
subparagraph (A) may be used under that subparagraph
with respect to a person described in clause (ii) or
(iii) of paragraph (2)(A) without regard to whether
another person involved in the same transaction or
transactions under examination has provided the
information sought by the Commissioner, such as import
or export documentation.
``(C) Adverse inference described.--An adverse
inference used under subparagraph (A) may include
reliance on information derived from--
``(i) the allegation of evasion of the trade
remedy laws, if any, submitted to U.S. Customs and
Border Protection;
``(ii) a determination by the Commissioner in
another investigation, proceeding, or other action
regarding evasion of the unfair trade laws; or
``(iii) any other available information.
``(4) <<NOTE: Deadline.>> Notification.--Not later than 5
business days after making a determination under paragraph (1)
with respect to covered merchandise, the Commissioner--
[[Page 130 STAT. 166]]
``(A) shall provide to each interested party that
filed an allegation under paragraph (2) of subsection
(b) that resulted in the initiation of an investigation
under paragraph (1) of that subsection with respect to
such covered merchandise a notification of the
determination and may, in addition, include an
explanation of the basis for the determination; and
``(B) may provide to importers, in such manner as
the Commissioner determines appropriate, information
discovered in the investigation that the Commissioner
determines will help educate importers with respect to
importing merchandise into the customs territory of the
United States in accordance with all applicable laws and
regulations.
``(d) Effect of Determinations.--
``(1) In general.--If the Commissioner makes a determination
under subsection (c) that covered merchandise was entered into
the customs territory of the United States through evasion, the
Commissioner shall--
``(A)(i) <<NOTE: Suspension.>> suspend the
liquidation of unliquidated entries of such covered
merchandise that are subject to the determination and
that enter on or after the date of the initiation of the
investigation under subsection (b) with respect to such
covered merchandise and on or before the date of the
determination; or
``(ii) if the Commissioner has already suspended the
liquidation of such entries pursuant to subsection
(e)(1), continue to suspend the liquidation of such
entries;
``(B) pursuant to the Commissioner's authority under
section 504(b)--
``(i) <<NOTE: Extension.>> extend the period
for liquidating unliquidated entries of such
covered merchandise that are subject to the
determination and that entered before the date of
the initiation of the investigation; or
``(ii) if the Commissioner has already
extended the period for liquidating such entries
pursuant to subsection (e)(1), continue to extend
the period for liquidating such entries;
``(C) <<NOTE: Notification.>> notify the
administering authority of the determination and request
that the administering authority--
``(i) identify the applicable antidumping or
countervailing duty assessment rates for entries
described in subparagraphs (A) and (B); or
``(ii) if no such assessment rate for such an
entry is available at the time, identify the
applicable cash deposit rate to be applied to the
entry, with the applicable antidumping or
countervailing duty assessment rate to be provided
as soon as that rate becomes available;
``(D) require the posting of cash deposits and
assess duties on entries described in subparagraphs (A)
and (B) in accordance with the instructions received
from the administering authority under paragraph (2);
and
``(E) take such additional enforcement measures as
the Commissioner determines appropriate, such as--
``(i) initiating proceedings under section 592
or 596;
[[Page 130 STAT. 167]]
``(ii) <<NOTE: Consultation.>> implementing,
in consultation with the relevant Federal
agencies, rule sets or modifications to rule sets
for identifying, particularly through the
Automated Targeting System and the Automated
Commercial Environment authorized under section
13031(f)(4) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)),
importers, other parties, and merchandise that may
be associated with evasion;
``(iii) requiring, with respect to merchandise
for which the importer has repeatedly provided
incomplete or erroneous entry summary information
in connection with determinations of evasion, the
importer to deposit estimated duties at the time
of entry; and
``(iv) <<NOTE: Referral. Records.>> referring
the record in whole or in part to U.S. Immigration
and Customs Enforcement for civil or criminal
investigation.
``(2) Cooperation of administering authority.--
``(A) In general.--Upon receiving a notification
from the Commissioner under paragraph (1)(C), the
administering authority shall promptly provide to the
Commissioner the applicable cash deposit rates and
antidumping or countervailing duty assessment rates and
any necessary liquidation instructions.
``(B) Special rule for cases in which the producer
or exporter is unknown.--If the Commissioner and the
administering authority are unable to determine the
producer or exporter of the merchandise with respect to
which a notification is made under paragraph (1)(C), the
administering authority shall identify, as the
applicable cash deposit rate or antidumping or
countervailing duty assessment rate, the cash deposit or
duty (as the case may be) in the highest amount
applicable to any producer or exporter, including the
`all-others' rate of the merchandise subject to an
antidumping order or countervailing duty order under
section 736 or 706, respectively, or a finding issued
under the Antidumping Act, 1921, or any administrative
review conducted under section 751.
``(e) <<NOTE: Deadline.>> Interim Measures.--Not later than 90
calendar days after initiating an investigation under subsection (b)
with respect to covered merchandise, the Commissioner shall decide based
on the investigation if there is a reasonable suspicion that such
covered merchandise was entered into the customs territory of the United
States through evasion and, if the Commissioner decides there is such a
reasonable suspicion, the Commissioner shall--
``(1) <<NOTE: Suspension.>> suspend the liquidation of each
unliquidated entry of such covered merchandise that entered on
or after the date of the initiation of the investigation;
``(2) <<NOTE: Extension.>> pursuant to the Commissioner's
authority under section 504(b), extend the period for
liquidating each unliquidated entry of such covered merchandise
that entered before the date of the initiation of the
investigation; and
``(3) pursuant to the Commissioner's authority under section
623, take such additional measures as the Commissioner
determines necessary to protect the revenue of the United
States, including requiring a single transaction bond or
additional security or the posting of a cash deposit with
respect to such covered merchandise.
[[Page 130 STAT. 168]]
``(f) <<NOTE: Deadlines.>> Administrative Review.--
``(1) In general.--Not later than 30 business days after the
Commissioner makes a determination under subsection (c) with
respect to whether covered merchandise was entered into the
customs territory of the United States through evasion, a person
determined to have entered such covered merchandise through
evasion or an interested party that filed an allegation under
paragraph (2) of subsection (b) that resulted in the initiation
of an investigation under paragraph (1) of that subsection with
respect to such covered merchandise may file an appeal with the
Commissioner for de novo review of the determination.
``(2) Timeline for review.--Not later than 60 business days
after an appeal of a determination is filed under paragraph (1),
the Commissioner shall complete the review of the determination.
``(g) Judicial Review.--
``(1) <<NOTE: Deadline.>> In general.--Not later than 30
business days after the Commissioner completes a review under
subsection (f) of a determination under subsection (c) with
respect to whether covered merchandise was entered into the
customs territory of the United States through evasion, a person
determined to have entered such covered merchandise through
evasion or an interested party that filed an allegation under
paragraph (2) of subsection (b) that resulted in the initiation
of an investigation under paragraph (1) of that subsection with
respect to such covered merchandise may seek judicial review of
the determination under subsection (c) and the review under
subsection (f) in the United States Court of International Trade
to determine whether the determination and review is conducted
in accordance with subsections (c) and (f).
``(2) Standard of review.--In determining whether a
determination under subsection (c) or review under subsection
(f) is conducted in accordance with those subsections, the
United States Court of International Trade shall examine--
``(A) whether the Commissioner fully complied with
all procedures under subsections (c) and (f); and
``(B) whether any determination, finding, or
conclusion is arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law.
``(3) Rule of construction.--Nothing in this subsection
shall affect the availability of judicial review to an
interested party under any other provision of law.
``(h) Rule of Construction With Respect to Other Civil and Criminal
Proceedings and Investigations.--No determination under subsection (c),
review under subsection (f), or action taken by the Commissioner
pursuant to this section shall preclude any individual or entity from
proceeding, or otherwise affect or limit the authority of any individual
or entity to proceed, with any civil, criminal, or administrative
investigation or proceeding pursuant to any other provision of Federal
or State law, including sections 592 and 596.''.
(b) Conforming Amendment.--Section 1581(c) of title 28, United
States Code, is amended by inserting ``or 517'' after ``516A''.
(c) <<NOTE: 19 USC 1517 note.>> Effective Date.--The amendments
made by this section shall take effect on the date that is 180 days
after the date of the enactment of this Act.
[[Page 130 STAT. 169]]
(d) <<NOTE: Deadline. 19 USC 1517 note.>> Regulations.--Not later
than the date that is 180 days after the date of the enactment of this
Act, the Secretary shall prescribe such regulations as may be necessary
to implement the amendments made by this section.
Subtitle C--Other Matters
SEC. 431. <<NOTE: 19 USC 4391.>> ALLOCATION AND TRAINING OF
PERSONNEL.
The Commissioner shall, to the maximum extent possible, ensure that
U.S. Customs and Border Protection--
(1) employs sufficient personnel who have expertise in, and
responsibility for, preventing and investigating the entry of
covered merchandise into the customs territory of the United
States through evasion;
(2) on the basis of risk assessment metrics, assigns
sufficient personnel with primary responsibility for preventing
the entry of covered merchandise into the customs territory of
the United States through evasion to the ports of entry in the
United States at which the Commissioner determines potential
evasion presents the most substantial threats to the revenue of
the United States; and
(3) provides adequate training to relevant personnel to
increase expertise and effectiveness in the prevention and
identification of entries of covered merchandise into the
customs territory of the United States through evasion.
SEC. 432. <<NOTE: 19 USC 4392.>> ANNUAL REPORT ON PREVENTION AND
INVESTIGATION OF EVASION OF ANTIDUMPING
AND COUNTERVAILING DUTY ORDERS.
(a) <<NOTE: Consultation.>> In General.--Not later than January 15
of each calendar year that begins on or after the date that is 270 days
after the date of the enactment of this Act, the Commissioner, in
consultation with the Secretary of Commerce and the Director of U.S.
Immigration and Customs Enforcement, shall submit to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives a report on the efforts being taken to prevent and
investigate the entry of covered merchandise into the customs territory
of the United States through evasion.
(b) Contents.--Each report required under subsection (a) shall
include--
(1) for the calendar year preceding the submission of the
report--
(A) <<NOTE: Summary.>> a summary of the efforts of
U.S. Customs and Border Protection to prevent and
investigate the entry of covered merchandise into the
customs territory of the United States through evasion;
(B) the number of allegations of evasion received,
including allegations received under subsection (b) of
section 517 of the Tariff Act of 1930, as added by
section 421 of this Act, and the number of such
allegations resulting in investigations by U.S. Customs
and Border Protection or any other Federal agency;
(C) <<NOTE: Summary.>> a summary of investigations
initiated, including investigations initiated under
subsection (b) of such section 517, including--
[[Page 130 STAT. 170]]
(i) the number and nature of the
investigations initiated, conducted, or completed;
and
(ii) the resolution of each completed
investigation;
(D) the amount of additional duties that were
determined to be owed as a result of such
investigations, the amount of such duties that were
collected, and, for any such duties not collected, a
description of the reasons those duties were not
collected;
(E) with respect to each such investigation that led
to the imposition of a penalty, the amount of the
penalty;
(F) an identification of the countries of origin of
covered merchandise determined under subsection (c) of
such section 517 to be entered into the customs
territory of the United States through evasion;
(G) the amount of antidumping and countervailing
duties collected as a result of any investigations or
other actions by U.S. Customs and Border Protection or
any other Federal agency;
(H) a description of the allocation of personnel and
other resources of U.S. Customs and Border Protection
and U.S. Immigration and Customs Enforcement to prevent
and investigate evasion, including any assessments
conducted regarding the allocation of such personnel and
resources; and
(I) a description of training conducted to increase
expertise and effectiveness in the prevention and
investigation of evasion; and
(2) a description of processes and procedures of U.S.
Customs and Border Protection to prevent and investigate
evasion, including--
(A) <<NOTE: Guidelines.>> the specific guidelines,
policies, and practices used by U.S. Customs and Border
Protection to ensure that allegations of evasion are
promptly evaluated and acted upon in a timely manner;
(B) <<NOTE: Evaluation.>> an evaluation of the
efficacy of those guidelines, policies, and practices;
(C) an identification of any changes since the last
report required by this section, if any, that have
materially improved or reduced the effectiveness of U.S.
Customs and Border Protection in preventing and
investigating evasion;
(D) a description of the development and
implementation of policies for the application of single
entry and continuous bonds for entries of covered
merchandise to sufficiently protect the collection of
antidumping and countervailing duties commensurate with
the level of risk of not collecting those duties;
(E) a description of the processes and procedures
for increased cooperation and information sharing with
the Department of Commerce, U.S. Immigration and Customs
Enforcement, and any other relevant Federal agencies to
prevent and investigate evasion; and
(F) an identification of any recommended policy
changes for other Federal agencies or legislative
changes to improve the effectiveness of U.S. Customs and
Border Protection in preventing and investigating
evasion.
[[Page 130 STAT. 171]]
(c) Public Summary.--The Commissioner shall make available to the
public a summary of the report required by subsection (a) that includes,
at a minimum--
(1) a description of the type of merchandise with respect to
which investigations were initiated under subsection (b) of
section 517 of the Tariff Act of 1930, as added by section 421
of this Act;
(2) the amount of additional duties determined to be owed as
a result of such investigations and the amount of such duties
that were collected;
(3) an identification of the countries of origin of covered
merchandise determined under subsection (c) of such section 517
to be entered into the customs territory of the United States
through evasion; and
(4) a description of the types of measures used by U.S.
Customs and Border Protection to prevent and investigate
evasion.
SEC. 433. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS.
Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1675(a)(2)(B)) is amended--
(1) by striking clause (iii);
(2) by redesignating clause (iv) as clause (iii); and
(3) by inserting after clause (iii), as redesignated by
paragraph (2) of this section, the following:
``(iv) Determinations based on bona fide
sales.--Any weighted average dumping margin or
individual countervailing duty rate determined for
an exporter or producer in a review conducted
under clause (i) shall be based solely on the bona
fide United States sales of an exporter or
producer, as the case may be, made during the
period covered by the review. In determining
whether the United States sales of an exporter or
producer made during the period covered by the
review were bona fide, the administering authority
shall consider, depending on the circumstances
surrounding such sales--
``(I) the prices of such sales;
``(II) whether such sales were made
in commercial quantities;
``(III) the timing of such sales;
``(IV) the expenses arising from
such sales;
``(V) whether the subject
merchandise involved in such sales was
resold in the United States at a profit;
``(VI) whether such sales were made
on an arms-length basis; and
``(VII) any other factor the
administering authority determines to be
relevant as to whether such sales are,
or are not, likely to be typical of
those the exporter or producer will make
after completion of the review.''.
[[Page 130 STAT. 172]]
TITLE <<NOTE: Small Business Trade Enhancement Act of 2015.>> V--SMALL
BUSINESS TRADE ISSUES AND STATE TRADE COORDINATION
SEC. <<NOTE: 15 USC 631 note.>> 501. SHORT TITLE.
This title may be cited as the ``Small Business Trade Enhancement
Act of 2015'' or the ``State Trade Coordination Act''.
SEC. 502. OUTREACH AND INPUT FROM SMALL BUSINESSES TO TRADE
PROMOTION AUTHORITY.
Section 203 of Public Law 94-305 (15 U.S.C. 634c) is amended--
(1) in the matter preceding paragraph (1), by striking ``The
Office of Advocacy'' and inserting the following:
``(a) In General.--The Office of Advocacy''; and
(2) by adding at the end the following:
``(b) Outreach and Input From Small Businesses on Trade Promotion
Authority.--
``(1) Definitions.--In this subsection--
``(A) the term `agency' has the meaning given the
term in section 551 of title 5, United States Code;
``(B) the term `Chief Counsel for Advocacy' means
the Chief Counsel for Advocacy of the Small Business
Administration;
``(C) the term `covered trade agreement' means a
trade agreement being negotiated pursuant to section
103(b) of the Bipartisan Congressional Trade Priorities
and Accountability Act of 2015 (Public Law 114-26; 19
U.S.C. 4202(b)); and
``(D) the term `Working Group' means the Interagency
Working Group convened under paragraph (2)(A).
``(2) Working group.--
``(A) <<NOTE: Deadline. Establishment.>> In
general.--Not later than 30 days after the date on which
the President submits the notification required under
section 105(a) of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 (Public Law
114-26; 19 U.S.C. 4204(a)), the Chief Counsel for
Advocacy shall convene an Interagency Working Group,
which shall consist of an employee from each of the
following agencies, as selected by the head of the
agency or an official delegated by the head of the
agency:
``(i) The Office of the United States Trade
Representative.
``(ii) The Department of Commerce.
``(iii) The Department of Agriculture.
``(iv) Any other agency that the Chief Counsel
for Advocacy, in <<NOTE: Consultation.>>
consultation with the United States Trade
Representative, determines to be relevant with
respect to the subject of the covered trade
agreement.
``(B) <<NOTE: Deadline.>> Views of small
businesses.--Not later than 30 days after the date on
which the Chief Counsel for Advocacy convenes the
Working Group under subparagraph (A), the Chief Counsel
for Advocacy shall identify a diverse group of small
businesses, representatives of small businesses, or a
combination thereof, to provide to the Working Group
[[Page 130 STAT. 173]]
the views of small businesses in the manufacturing,
services, and agriculture industries on the potential
economic effects of the covered trade agreement.
``(3) Report.--
``(A) In general.--Not later than 180 days after the
date on which the Chief Counsel for Advocacy convenes
the Working Group under paragraph (2)(A), the Chief
Counsel for Advocacy shall submit to the Committee on
Small Business and Entrepreneurship and the Committee on
Finance of the Senate and the Committee on Small
Business and the Committee on Ways and Means of the
House of Representatives a report on the economic
impacts of the covered trade agreement on small
businesses, which shall--
``(i) identify the most important priorities,
opportunities, and challenges to various
industries from the covered trade agreement;
``(ii) <<NOTE: Assessment.>> assess the
impact for new small businesses to start
exporting, or increase their exports, to markets
in countries that are parties to the covered trade
agreement;
``(iii) <<NOTE: Analysis.>> analyze the
competitive position of industries likely to be
significantly affected by the covered trade
agreement;
``(iv) identify--
``(I) any State-owned enterprises in
each country participating in
negotiations for the covered trade
agreement that could pose a threat to
small businesses; and
``(II) any steps to take to create a
level playing field for those small
businesses;
``(v) identify any rule of an agency that
should be modified to become compliant with the
covered trade agreement; and
``(vi) <<NOTE: Overview.>> include an
overview of the methodology used to develop the
report, including the number of small business
participants by industry, how those small
businesses were selected, and any other factors
that the Chief Counsel for Advocacy may determine
appropriate.
``(B) Delayed submission.--To ensure that
negotiations for the covered trade agreement are not
disrupted, the President may require that the Chief
Counsel for Advocacy delay submission of the report
under subparagraph (A) until after the negotiations for
the covered trade agreement are concluded, provided that
the delay allows the Chief Counsel for Advocacy to
submit the report to Congress not later than 45 days
before the Senate or the House of Representatives acts
to approve or disapprove the covered trade agreement.
``(C) Avoidance of duplication.--The Chief Counsel
for Advocacy shall, to the extent practicable,
coordinate the submission of the report under this
paragraph with the United States International Trade
Commission, the United States Trade Representative,
other agencies, and trade advisory committees to avoid
unnecessary duplication of reporting requirements.''.
[[Page 130 STAT. 174]]
SEC. 503. STATE TRADE EXPANSION PROGRAM.
Section 22 of the Small Business Act (15 U.S.C. 649) is amended--
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
``(l) State Trade Expansion Program.--
``(1) Definitions.--In this subsection--
``(A) the term `eligible small business concern'
means a business concern that--
``(i) is organized or incorporated in the
United States;
``(ii) is operating in the United States;
``(iii) meets--
``(I) the applicable industry-based
small business size standard established
under section 3; or
``(II) the alternate size standard
applicable to the program under section
7(a) of this Act and the loan programs
under title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et
seq.);
``(iv) has been in business for not less than
1 year, as of the date on which assistance using a
grant under this subsection commences; and
``(v) has access to sufficient resources to
bear the costs associated with trade, including
the costs of packing, shipping, freight
forwarding, and customs brokers;
``(B) the term `program' means the State Trade
Expansion Program established under paragraph (2);
``(C) the term `rural small business concern' means
an eligible small business concern located in a rural
area, as that term is defined in section 1393(a)(2) of
the Internal Revenue Code of 1986;
``(D) the term `socially and economically
disadvantaged small business concern' has the meaning
given that term in section 8(a)(4)(A) of the Small
Business Act (15 U.S.C. 637(a)(4)(A)); and
``(E) the term `State' means each of the several
States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, the Commonwealth
of the Northern Mariana Islands, and American Samoa.
``(2) <<NOTE: Grants.>> Establishment of program.--The
Associate Administrator shall establish a trade expansion
program, to be known as the `State Trade Expansion Program', to
make grants to States to carry out programs that assist eligible
small business concerns in--
``(A) participation in foreign trade missions;
``(B) a subscription to services provided by the
Department of Commerce;
``(C) the payment of website fees;
``(D) the design of marketing media;
``(E) a trade show exhibition;
``(F) participation in training workshops;
``(G) a reverse trade mission;
[[Page 130 STAT. 175]]
``(H) <<NOTE: Consultation.>> procurement of
consultancy services (after consultation with the
Department of Commerce to avoid duplication); or
``(I) any other initiative determined appropriate by
the Associate Administrator.
``(3) Grants.--
``(A) Joint review.--In carrying out the program,
the Associate Administrator may make a grant to a State
to increase the number of eligible small business
concerns in the State exploring significant new trade
opportunities.
``(B) Considerations.--In making grants under this
subsection, the Associate Administrator may give
priority to an application by a State that proposes a
program that--
``(i) focuses on eligible small business
concerns as part of a trade expansion program;
``(ii) demonstrates intent to promote trade
expansion by--
``(I) socially and economically
disadvantaged small business concerns;
``(II) small business concerns owned
or controlled by women; and
``(III) rural small business
concerns;
``(iii) promotes trade facilitation from a
State that is not 1 of the 10 States with the
highest percentage of eligible small business
concerns that are engaged in international trade,
based upon the most recent data from the
Department of Commerce; and
``(iv) includes--
``(I) activities which have resulted
in the highest return on investment
based on the most recent year; and
``(II) the adoption of shared best
practices included in the annual report
of the Administration.
``(C) Limitations.--
``(i) Single application.--A State may not
submit more than 1 application for a grant under
the program in any 1 fiscal year.
``(ii) Proportion of amounts.--The total value
of grants made under the program during a fiscal
year to the 10 States with the highest percentage
of eligible small business concerns, based upon
the most recent data available from the Department
of Commerce, shall be not more than 40 percent of
the amounts appropriated for the program for that
fiscal year.
``(iii) Duration.--The Associate Administrator
shall award a grant under this program for a
period of not more than 2 years.
``(D) Application.--
``(i) In general.--A State desiring a grant
under the program shall submit an application at
such time, in such manner, and accompanied by such
information as the Associate Administrator may
establish.
``(ii) Consultation to reduce duplication.--A
State desiring a grant under the program shall--
[[Page 130 STAT. 176]]
``(I) before submitting an
application under clause (i), consult
with applicable trade agencies of the
Federal Government on the scope and
mission of the activities the State
proposes to carry out using the grant,
to ensure proper coordination and reduce
duplication in services; and
``(II) document the consultation
conducted under subclause (I) in the
application submitted under clause (i).
``(4) Competitive basis.--The Associate Administrator shall
award grants under the program on a competitive basis.
``(5) Federal share.--The Federal share of the cost of a
trade expansion program carried out using a grant under the
program shall be--
``(A) for a State that has a high trade volume, as
determined by the Associate Administrator, not more than
65 percent; and
``(B) for a State that does not have a high trade
volume, as determined by the Associate Administrator,
not more than 75 percent.
``(6) Non-federal share.--The non-Federal share of the cost
of a trade expansion program carried out using a grant under the
program shall be comprised of not less than 50 percent cash and
not more than 50 percent of indirect costs and in-kind
contributions, except that no such costs or contributions may be
derived from funds from any other Federal program.
``(7) Reports.--
``(A) Initial report.--Not later than 120 days after
the date of enactment of this subsection, the Associate
Administrator shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the
Committee on Small Business of the House of
Representatives a report, which shall include--
``(i) a description of the structure of and
procedures for the program;
``(ii) <<NOTE: Management plan.>> a
management plan for the program; and
``(iii) a description of the merit-based
review process to be used in the program.
``(B) Annual reports.--
``(i) <<NOTE: Web posting.>> In general.--The
Associate Administrator shall publish on the
website of the Administration an annual report
regarding the program, which shall include--
``(I) the number and amount of
grants made under the program during the
preceding year;
``(II) a list of the States
receiving a grant under the program
during the preceding year, including the
activities being performed with each
grant;
``(III) the effect of each grant on
the eligible small business concerns in
the State receiving the grant;
``(IV) the total return on
investment for each State; and
``(V) a description of best
practices by States that showed high
returns on investment and
[[Page 130 STAT. 177]]
significant progress in helping more
eligible small business concerns.
``(ii) Notice to congress.--On the date on
which the Associate Administrator publishes a
report under clause (i), the Associate
Administrator shall notify the Committee on Small
Business and Entrepreneurship of the Senate and
the Committee on Small Business of the House of
Representatives that the report has been
published.
``(8) Reviews by inspector general.--
``(A) In general.--The Inspector General of the
Administration shall conduct a review of--
``(i) the extent to which recipients of grants
under the program are measuring the performance of
the activities being conducted and the results of
the measurements; and
``(ii) the overall management and
effectiveness of the program.
``(B) Reports.--
``(i) Pilot program.--Not later than 6 months
after the date of enactment of this subsection,
the Inspector General of the Administration shall
submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives
a report regarding the use of amounts made
available under the State Trade and Export
Promotion Grant Program under section 1207 of the
Small Business Jobs Act of 2010 (15 U.S.C. 649b
note).
``(ii) New step program.--Not later than 18
months after the date on which the first grant is
awarded under this subsection, the Inspector
General of the Administration shall submit to the
Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Small Business
of the House of Representatives a report regarding
the review conducted under subparagraph (A).
``(9) Authorization of appropriations.--There is authorized
to be appropriated to carry out the program $30,000,000 for each
of fiscal years 2016 through 2020.''.
SEC. 504. STATE AND FEDERAL EXPORT PROMOTION COORDINATION.
(a) State and Federal Export Promotion Coordination Working Group.--
Subtitle C of the Export Enhancement Act of 1988 (15 U.S.C. 4721 et
seq.) is amended by inserting after section 2313 the following:
``SEC. 2313A. <<NOTE: 15 USC 4728a.>> STATE AND FEDERAL EXPORT
PROMOTION COORDINATION WORKING GROUP.
``(a) Statement of Policy.--It is the policy of the United States to
promote exports as an opportunity for small businesses. In exercising
their powers and functions in order to advance that policy, all Federal
agencies shall work constructively with State and local agencies engaged
in export promotion and export financing activities.
``(b) <<NOTE: President.>> Establishment.--The President shall
establish a State and Federal Export Promotion Coordination Working
Group (in this section referred to as the `Working Group') as a
subcommittee
[[Page 130 STAT. 178]]
of the Trade Promotion Coordination Committee (in this section referred
to as the `TPCC').
``(c) Purposes.--The purposes of the Working Group are--
``(1) to identify issues related to the coordination of
Federal resources relating to export promotion and export
financing with such resources provided by State and local
governments;
``(2) to identify ways to improve coordination with respect
to export promotion and export financing activities through the
strategic plan developed under section 2312(c);
``(3) <<NOTE: Strategy.>> to develop a strategy for
improving coordination of Federal and State resources relating
to export promotion and export financing, including methods to
eliminate duplication of effort and overlapping functions; and
``(4) <<NOTE: Strategic plan.>> to develop a strategic plan
for considering and implementing the suggestions of the Working
Group as part of the strategic plan developed under section
2312(c).
``(d) Membership.--The Secretary of Commerce shall select the
members of the Working Group, who shall include--
``(1) representatives from State trade agencies representing
regionally diverse areas; and
``(2) representatives of the departments and agencies that
are represented on the TPCC, who are designated by the heads of
their respective departments or agencies to advise the head on
ways of promoting the exportation of United States goods and
services.''.
(b) Report on Improvements to Export.gov as a Single Window for
Export Information.--
(1) <<NOTE: Consultation. Recommenda- tions.>> In
general.--Not later than 180 days after the date of enactment of
this Act, the Associate Administrator for International Trade of
the Small Business Administration shall, after consultation with
the entities specified in paragraph (2), submit to the
appropriate congressional committees a report that includes the
recommendations of the Associate Administrator for improving the
experience provided by the Internet website Export.gov (or a
successor website) as--
(A) a comprehensive resource for information about
exporting articles from the United States; and
(B) a single website for exporters to submit all
information required by the Federal Government with
respect to the exportation of articles from the United
States.
(2) Entities specified.--The entities specified in this
paragraph are--
(A) small business concerns (as defined in section 3
of the Small Business Act (15 U.S.C. 632)) that are
exporters; and
(B) the President's Export Council, State agencies
with responsibility for export promotion or export
financing, district export councils, and trade
associations.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Small Business and
Entrepreneurship and the Committee on Banking, Housing,
and Urban Affairs of the Senate; and
(B) the Committee on Small Business and the
Committee on Foreign Affairs of the House of
Representatives.
[[Page 130 STAT. 179]]
(c) <<NOTE: 15 USC 4727 note.>> Availability of State Resources
Guides on Export.gov.--The Secretary of Commerce shall make available on
the Internet website Export.gov (or a successor website) information on
the resources relating to export promotion and export financing
available in each State--
(1) organized by State; and
(2) including information on State agencies with
responsibility for export promotion or export financing and
district export councils and trade associations located in the
State.
SEC. 505. <<NOTE: 15 USC 4721a.>> STATE TRADE COORDINATION.
(a) Membership of Representatives of State Trade Promotion Agencies
on Trade Promotion Coordinating Committee.--Section 2312 of the Export
Enhancement Act of 1988 (15 U.S.C. 4727) is amended--
(1) in subsection (d)--
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following:
``(2) <<NOTE: President.>> Representatives from state trade
promotion agencies.--The TPCC shall also include 1 or more
members appointed by the President who are representatives of
State trade promotion agencies.''; and
(2) in subsection (e), in the first sentence, by inserting
``(other than members described in subsection (d)(2))'' after
``Members of the TPCC''.
(b) Federal and State Export Promotion Coordination Plan.--
(1) In general.--The Secretary of Commerce, acting through
the Trade Promotion Coordinating Committee and in coordination
with representatives of State trade promotion agencies, shall
develop a comprehensive plan to integrate the resources and
strategies of State trade promotion agencies into the overall
Federal trade promotion program.
(2) Matters to be included.--The plan required under
paragraph (1) shall include the following:
(A) A description of the role of State trade
promotion agencies in assisting exporters.
(B) An outline of the role of State trade promotion
agencies and how it is different from Federal agencies
located within or providing services within the State.
(C) A plan on how to utilize State trade promotion
agencies in the Federal trade promotion program.
(D) An explanation of how Federal and State agencies
will share information and resources.
(E) A description of how Federal and State agencies
will coordinate education and trade events in the United
States and abroad.
(F) A description of the efforts to increase
efficiency and reduce duplication.
(G) A clear identification of where businesses can
receive appropriate international trade information
under the plan.
(3) Deadline.--The plan required under paragraph (1) shall
be finalized and submitted to Congress not later than 12 months
after the date of the enactment of this Act.
(c) Annual Federal-State Export Strategy.--
[[Page 130 STAT. 180]]
(1) In general.--The Secretary of Commerce, acting through
the head of the United States Foreign and Commercial Service,
shall develop an annual Federal-State export strategy for each
State that submits to the Secretary of Commerce its export
strategy for the upcoming calendar year. In developing an annual
Federal-State export strategy under this paragraph, the
Secretary of Commerce shall take into account the Federal and
State export promotion coordination plan developed under
subsection (b).
(2) Matters to be included.--The Federal-State export
strategy required under paragraph (1) shall include the
following:
(A) The State's export strategy and economic goals.
(B) The State's key sectors and industries of focus.
(C) Possible foreign and domestic trade events.
(D) Efforts to increase efficiencies and reduce
duplication.
(3) Report.--The Federal-State export strategy required
under paragraph (1) shall be submitted to the Trade Promotion
Coordinating Committee not later than February 1, 2017, and
February 1 of each year thereafter.
(d) Coordinated Metrics and Information Sharing.--
(1) <<NOTE: Framework.>> In general.--The Secretary of
Commerce, in coordination with representatives of State trade
promotion agencies, shall develop a framework to share export
success information, and develop a coordinated set of reporting
metrics.
(2) Report to congress.--Not later than one year after the
date of the enactment of this Act, the Secretary of Commerce
shall submit to Congress a report that contains the framework
and reporting metrics required under paragraph (1).
(e) Annual Survey and Analysis and Report Under National Export
Strategy.--Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C.
4727) is amended--
(1) in subsection (c)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(7) in coordination with State trade promotion agencies,
include a survey and analysis regarding the overall
effectiveness of Federal-State coordination and export promotion
goals on an annual basis, to further include best practices,
recommendations to better assist small businesses, and other
relevant matters.''; and
(2) in subsection (f)(1), by inserting ``(including
implementation of the survey and analysis described in paragraph
(7) of that subsection)'' after ``the implementation of such
plan''.
TITLE VI--ADDITIONAL ENFORCEMENT PROVISIONS
SEC. 601. TRADE ENFORCEMENT PRIORITIES.
(a) In General.--Section 310 of the Trade Act of 1974 (19 U.S.C.
2420) is amended to read as follows:
[[Page 130 STAT. 181]]
``SEC. 310. TRADE ENFORCEMENT PRIORITIES.
``(a) Trade Enforcement Priorities, Consultations, and Report.--
``(1) Trade enforcement priorities consultations.--Not later
than May 31 of each calendar year that begins after the date of
the enactment of the Trade Facilitation and Trade Enforcement
Act of 2015, the United States Trade Representative (in this
section referred to as the `Trade Representative') shall consult
with the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives with respect to
the prioritization of acts, policies, or practices of foreign
governments that raise concerns with respect to obligations
under the WTO Agreements or any other trade agreement to which
the United States is a party, or otherwise create or maintain
barriers to United States goods, services, or investment.
``(2) Identification of trade enforcement priorities.--In
identifying acts, policies, or practices of foreign governments
as trade enforcement priorities under this subsection, the Trade
Representative shall focus on those acts, policies, and
practices the elimination of which is likely to have the most
significant potential to increase United States economic growth,
and take into account all relevant factors, including--
``(A) the economic significance of any potential
inconsistency between an obligation assumed by a foreign
government pursuant to a trade agreement to which both
the foreign government and the United States are parties
and the acts, policies, or practices of that government;
``(B) the impact of the acts, policies, or practices
of a foreign government on maintaining and creating
United States jobs and productive capacity;
``(C) the major barriers and trade distorting
practices described in the most recent National Trade
Estimate required under section 181(b);
``(D) the major barriers and trade distorting
practices described in other relevant reports addressing
international trade and investment barriers prepared by
a Federal agency or congressional commission during the
12 months preceding the date of the most recent report
under paragraph (3);
``(E) a foreign government's compliance with its
obligations under any trade agreements to which both the
foreign government and the United States are parties;
``(F) the implications of a foreign government's
procurement plans and policies; and
``(G) the international competitive position and
export potential of United States products and services.
``(3) Report on trade enforcement priorities and actions
taken to address.--
``(A) In general.--Not later than July 31 of each
calendar year that begins after the date of the
enactment of the Trade Facilitation and Trade
Enforcement Act of 2015, the Trade Representative shall
report to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives on acts, policies, or practices of
foreign governments identified as trade enforcement
priorities based on the consultations
[[Page 130 STAT. 182]]
under paragraph (1) and the criteria set forth in
paragraph (2).
``(B) Report in subsequent years.--The Trade
Representative shall include, when reporting under
subparagraph (A) in any calendar year after the calendar
year that begins after the date of the enactment of the
Trade Facilitation and Trade Enforcement Act of 2015, a
description of actions taken to address any acts,
policies, or practices of foreign governments identified
as trade enforcement priorities under this subsection in
the calendar year preceding that report and, as
relevant, any calendar year before that calendar year.
``(b) Semiannual Enforcement Consultations.--
``(1) <<NOTE: Deadline.>> In general.--At the same time as
the reporting under subsection (a)(3), and not later than
January 31 of each following year, the Trade Representative
shall consult with the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives
with respect to the identification, prioritization,
investigation, and resolution of acts, policies, or practices of
foreign governments of concern with respect to obligations under
the WTO Agreements or any other trade agreement to which the
United States is a party, or that otherwise create or maintain
trade barriers.
``(2) Acts, policies, or practices of concern.--The
semiannual enforcement consultations required by paragraph (1)
shall address acts, policies, or practices of foreign
governments that raise concerns with respect to obligations
under the WTO Agreements or any other trade agreement to which
the United States is a party, or otherwise create or maintain
trade barriers, including--
``(A) engagement with relevant trading partners;
``(B) strategies for addressing such concerns;
``(C) availability and deployment of resources to be
used in the investigation or resolution of such
concerns;
``(D) the merits of any potential dispute resolution
proceeding under the WTO Agreements or any other trade
agreement to which the United States is a party relating
to such concerns; and
``(E) any other aspects of such concerns.
``(3) Active investigations.--The semiannual enforcement
consultations required by paragraph (1) shall address acts,
policies, or practices that the Trade Representative is actively
investigating with respect to obligations under the WTO
Agreements or any other trade agreement to which the United
States is a party, including--
``(A) strategies for addressing concerns raised by
such acts, policies, or practices;
``(B) any relevant timeline with respect to
investigation of such acts, policies, or practices;
``(C) the merits of any potential dispute resolution
proceeding under the WTO Agreements or any other trade
agreement to which the United States is a party with
respect to such acts, policies, or practices;
``(D) barriers to the advancement of the
investigation of such acts, policies, or practices; and
``(E) any other matters relating to the
investigation of such acts, policies, or practices.
[[Page 130 STAT. 183]]
``(4) Ongoing enforcement actions.--The semiannual
enforcement consultations required by paragraph (1) shall
address all ongoing enforcement actions taken by or against the
United States with respect to obligations under the WTO
Agreements or any other trade agreement to which the United
States is a party, including--
``(A) any relevant timeline with respect to such
actions;
``(B) the merits of such actions;
``(C) any prospective implementation actions;
``(D) potential implications for any law or
regulation of the United States;
``(E) potential implications for United States
stakeholders, domestic competitors, and exporters; and
``(F) other issues relating to such actions.
``(5) Enforcement resources.--The semiannual enforcement
consultations required by paragraph (1) shall address the
availability and deployment of enforcement resources, resource
constraints on monitoring and enforcement activities, and
strategies to address those constraints, including the use of
available resources of other Federal agencies to enhance
monitoring and enforcement capabilities.
``(c) <<NOTE: Deadline.>> Investigation and Resolution.--In the
case of any acts, policies, or practices of a foreign government
identified as a trade enforcement priority under subsection (a), the
Trade Representative shall, not later than the date of the first
semiannual enforcement consultations held under subsection (b) after the
identification of the priority, take appropriate action to address that
priority, including--
``(1) engagement with the foreign government to resolve
concerns raised by such acts, policies, or practices;
``(2) initiation of an investigation under section 302(b)(1)
with respect to such acts, policies, or practices;
``(3) initiation of negotiations for a bilateral agreement
that provides for resolution of concerns raised by such acts,
policies, or practices; or
``(4) initiation of dispute settlement proceedings under the
WTO Agreements or any other trade agreement to which the United
States is a party with respect to such acts, policies, or
practices.
``(d) Enforcement Notifications and Consultation.--
``(1) Initiation of enforcement action.--The Trade
Representative shall notify and consult with the Committee on
Finance of the Senate and the Committee on Ways and Means of the
House of Representatives in advance of the initiation of any
formal trade dispute by or against the United States taken in
regard to an obligation under the WTO Agreements or any other
trade agreement to which the United States is a party. With
respect to a formal trade dispute against the United States, if
advance notification and consultation are not possible, the
Trade Representative shall notify and consult at the earliest
practicable opportunity after initiation of the dispute.
``(2) Circulation of reports.--The Trade Representative
shall notify and consult with the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives in advance of the announced or anticipated
circulation of any report of a dispute settlement panel
[[Page 130 STAT. 184]]
or the Appellate Body of the World Trade Organization or of a
dispute settlement panel under any other trade agreement to
which the United States is a party with respect to a formal
trade dispute by or against the United States.
``(e) Definitions.--In this section:
``(1) WTO.--The term `WTO' means the World Trade
Organization.
``(2) WTO agreement.--The term `WTO Agreement' has the
meaning given that term in section 2(9) of the Uruguay Round
Agreements Act (19 U.S.C. 3501(9)).
``(3) WTO agreements.--The term `WTO Agreements' means the
WTO Agreement and agreements annexed to that Agreement.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 is amended by striking the item relating to section 310 and
inserting the following:
``Sec. 310. Trade enforcement priorities.''.
SEC. 602. EXERCISE OF WTO AUTHORIZATION TO SUSPEND CONCESSIONS OR
OTHER OBLIGATIONS UNDER TRADE AGREEMENTS.
(a) In General.--Section 306 of the Trade Act of 1974 (19 U.S.C.
2416) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Exercise of WTO Authorization to Suspend Concessions or Other
Obligations.--If--
``(1) action has terminated pursuant to section 307(c),
``(2) the petitioner or any representative of the domestic
industry that would benefit from reinstatement of action has
submitted to the Trade Representative a written request for
reinstatement of action, and
``(3) the Trade Representatives has completed the
requirements of subsection (d) and section 307(c)(3),
the Trade Representative may at any time determine to take action under
section 301(c) to exercise an authorization to suspend concessions or
other obligations under Article 22 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (referred to in section
101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C.
3511(d)(16))).''.
(b) Conforming Amendments.--Chapter 1 of title III of the Trade Act
of 1974 (19 U.S.C. 2411 et seq.) is amended--
(1) in section 301(c)(1) (19 U.S.C. 2411(c)(1)), in the
matter preceding subparagraph (A), by inserting ``or section
306(c)'' after ``subsection (a) or (b)'';
(2) in section 306(b) (19 U.S.C. 2416(b)), in the subsection
heading, by striking ``Further Action'' and inserting ``Action
on the Basis of Monitoring'';
(3) in section 306(d) (19 U.S.C. 2416(d)), as redesignated
by subsection (a)(1), by inserting ``or (c)'' after ``subsection
(b)''; and
(4) in section 307(c)(3) (19 U.S.C. 2417(c)(3)), by
inserting ``or if a request is submitted to the Trade
Representative under section 306(c)(2) to reinstate action,''
after ``under section 301,''.
[[Page 130 STAT. 185]]
SEC. 603. TRADE MONITORING.
(a) In General.--Chapter 1 of title II of the Trade Act of 1974 (19
U.S.C. 2251 et seq.) is amended by adding at the end the following:
``SEC. 205. <<NOTE: Deadlines. Web postings. 19 USC 2255.>> TRADE
MONITORING.
``(a) Monitoring Tool for Imports.--
``(1) <<NOTE: Public information.>> In general.--Not later
than 180 days after the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, the Commission
shall make available on a website of the Commission an import
monitoring tool to allow the public access to data on the volume
and value of goods imported to the United States for the purpose
of assessing whether such data has changed with respect to such
goods over a period of time.
``(2) Data described.--For purposes of the monitoring tool
under paragraph (1), the Commission shall use data compiled by
the Department of Commerce and such other government data as the
Commission considers appropriate.
``(3) Periods of time.--The Commission shall ensure that
data accessed through the monitoring tool under paragraph (1)
includes data for the most recent quarter for which such data
are available and previous quarters as the Commission considers
practicable.
``(b) Monitoring Reports.--
``(1) In general.--Not later than 270 days after the date of
the enactment of the Trade Facilitation and Trade Enforcement
Act of 2015, and not less frequently than quarterly thereafter,
the Secretary of Commerce shall publish on a website of the
Department of Commerce, and notify the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives of the availability of, a monitoring report on
changes in the volume and value of trade with respect to imports
and exports of goods categorized based on the 6-digit subheading
number of the goods under the Harmonized Tariff Schedule of the
United States during the most recent quarter for which such data
are available and previous quarters as the Secretary considers
practicable.
``(2) <<NOTE: Federal Register, publication.>> Requests for
comment.--Not later than one year after the date of the
enactment of the Trade Facilitation and Trade Enforcement Act of
2015, the Secretary of Commerce shall solicit through the
Federal Register public comment on the monitoring reports
described in paragraph (1).
``(c) Sunset.--The requirements under this section terminate on the
date that is seven years after the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015.''.
(b) Clerical Amendment.--The table of contents for the Trade Act of
1974 (19 U.S.C. 2101 et seq.) is amended by inserting after the item
relating to section 204 the following:
``Sec. 205. Trade monitoring.''.
SEC. 604. ESTABLISHMENT OF INTERAGENCY CENTER ON TRADE
IMPLEMENTATION, MONITORING, AND
ENFORCEMENT.
(a) In General.--Section 141 of the Trade Act of 1974 (19 U.S.C.
2171) is amended by adding at the end the following:
``(h) Interagency Center on Trade Implementation, Monitoring, and
Enforcement.--
[[Page 130 STAT. 186]]
``(1) Establishment of center.--There is established in the
Office of the United States Trade Representative an Interagency
Center on Trade Implementation, Monitoring, and Enforcement (in
this section referred to as the `Center').
``(2) Functions of center.--The Center shall support the
activities of the United States Trade Representative in--
``(A) investigating potential disputes under the
auspices of the World Trade Organization;
``(B) investigating potential disputes pursuant to
bilateral and regional trade agreements to which the
United States is a party;
``(C) carrying out the functions of the United
States Trade Representative under this section with
respect to the monitoring and enforcement of trade
agreements to which the United States is a party; and
``(D) monitoring measures taken by parties to
implement provisions of trade agreements to which the
United States is a party.
``(3) Personnel.--
``(A) <<NOTE: Appointment.>> Director.--The head of
the Center shall be a Director, who shall be appointed
by the United States Trade Representative.
``(B) <<NOTE: Consultation.>> Additional
employees.--A Federal agency may, in consultation with
and with the approval of the United States Trade
Representative, detail or assign one or more employees
to the Center without any reimbursement from the Center
to support the functions of the Center.''.
(b) Interagency Resources.--Section 141(d)(1)(A) of the Trade Act of
1974 (19 U.S.C. 2171(d)(1)(A)) is amended by inserting ``, including
resources of the Interagency Center on Trade Implementation, Monitoring,
and Enforcement established under subsection (h),'' after ``interagency
resources''.
(c) Reports.--Section 163 of the Trade Act of 1974 (19 U.S.C. 2213)
is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (J), by striking ``and'' at the
end;
(B) in subparagraph (K), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(L) the operation of the Interagency Center on
Trade Implementation, Monitoring, and Enforcement
established under section 141(h), including--
``(i) information relating to the personnel of
the Center, including a description of any
employees detailed or assigned to the Center by a
Federal agency under paragraph (3)(B) of such
section;
``(ii) information relating to the functions
of the Center; and
``(iii) an assessment of the operating costs
of the Center.''; and
(2) by adding at the end the following:
``(d) Quadrennial Plan and Report.--
``(1) Quadrennial plan.--Pursuant to the goals and
objectives of the strategic plan of the Office of the United
States Trade Representative as required under section 306 of
title 5, United States Code, the Trade Representative shall,
every 4 years, develop a plan--
[[Page 130 STAT. 187]]
``(A) <<NOTE: Analysis. Records.>> to analyze
internal quality controls and record management of the
Office;
``(B) to identify existing staff of the Office and
new staff that will be necessary to support the trade
negotiation and enforcement functions and powers of the
Office (including those functions and powers of the
Trade Policy Staff Committee) as described in section
141 and section 301;
``(C) to identify existing staff of the Office and
staff in other Federal agencies who will be required to
be detailed or assigned to support interagency programs
led by the Trade Representative, including any
associated expenses;
``(D) to provide an outline of budget
justifications, including salaries and expenses as well
as nonpersonnel administrative expenses, for the fiscal
years required under the strategic plan; and
``(E) to provide an outline of budget
justifications, including salaries and expenses as well
as nonpersonnel administrative expenses, for interagency
programs led by the Trade Representative for the fiscal
years required under the strategic plan.
``(2) Report.--
``(A) In general.--The Trade Representative shall
submit to the appropriate congressional committees a
report that contains the plan required under paragraph
(1). Except as provided in subparagraph (B), the report
required under this subparagraph shall be submitted in
conjunction with the strategic plan of the Office as
required under section 306 of title 5, United States
Code.
``(B) Exception.--The Trade Representative shall
submit to the appropriate congressional committees an
initial report that contains the plan required under
paragraph (1) not later than June 1, 2016.
``(C) Appropriate congressional committees
defined.--In this paragraph, the term `appropriate
congressional committees' means--
``(i) the Committee on Finance and the
Committee on Appropriations of the Senate; and
``(ii) the Committee on Ways and Means and the
Committee on Appropriations of the House of
Representatives.''.
SEC. 605. <<NOTE: 19 USC 4401.>> INCLUSION OF INTEREST IN CERTAIN
DISTRIBUTIONS OF ANTIDUMPING DUTIES AND
COUNTERVAILING DUTIES.
(a) In General.--The Secretary of Homeland Security shall deposit
all interest described in subsection (c) into the special account
established under section 754(e) of the Tariff Act of 1930 (19 U.S.C.
1675c(e)) (repealed by subtitle F of title VII of the Deficit Reduction
Act of 2005 (Public Law 109-171; 120 Stat. 154)) for inclusion in
distributions described in subsection (b) made on or after the date of
the enactment of this Act.
(b) Distributions Described.--Distributions described in this
subsection are distributions of antidumping duties and countervailing
duties assessed on or after October 1, 2000, that are made under section
754 of the Tariff Act of 1930 (19 U.S.C. 1675c) (repealed by subtitle F
of title VII of the Deficit Reduction Act
[[Page 130 STAT. 188]]
of 2005 (Public Law 109-171; 120 Stat. 154)), with respect to entries of
merchandise that--
(1) were made on or before September 30, 2007; and
(2) were, in accordance with section 822 of the Claims
Resolution Act of 2010 (19 U.S.C. 1675c note), unliquidated, not
in litigation, and not under an order of liquidation from the
Department of Commerce on December 8, 2010.
(c) Interest Described.--
(1) Interest realized.--Interest described in this
subsection is interest earned on antidumping duties or
countervailing duties described in subsection (b) that is
realized through application of a payment received on or after
October 1, 2014, by U.S. Customs and Border Protection under, or
in connection with--
(A) a customs bond pursuant to a court order or
judgment; or
(B) a settlement with respect to a customs bond,
including any payment made to U.S. Customs and Border
Protection with respect to that bond by a surety.
(2) Types of interest.--Interest described in paragraph (1)
includes the following:
(A) Interest accrued under section 778 of the Tariff
Act of 1930 (19 U.S.C. 1677g).
(B) Interest accrued under section 505(d) of the
Tariff Act of 1930 (19 U.S.C. 1505(d)).
(C) Equitable interest under common law and interest
under section 963 of the Revised Statutes (19 U.S.C.
580) awarded by a court against a surety under its bond
for late payment of antidumping duties, countervailing
duties, or interest described in subparagraph (A) or
(B).
(d) Definitions.--In this section:
(1) Antidumping duties.--The term ``antidumping duties''
means antidumping duties imposed under section 731 of the Tariff
Act of 1930 (19 U.S.C. 1673) or under the Antidumping Act, 1921
(title II of the Act of May 27, 1921; 42 Stat. 11, chapter 14).
(2) Countervailing duties.--The term ``countervailing
duties'' means countervailing duties imposed under section 701
of the Tariff Act of 1930 (19 U.S.C. 1671).
SEC. 606. <<NOTE: 19 USC 4402.>> ILLICITLY IMPORTED, EXPORTED, OR
TRAFFICKED CULTURAL PROPERTY,
ARCHAEOLOGICAL OR ETHNOLOGICAL MATERIALS,
AND FISH, WILDLIFE, AND PLANTS.
(a) In General.--The Commissioner and the Director of U.S.
Immigration and Customs Enforcement shall ensure that appropriate
personnel of U.S. Customs and Border Protection and U.S. Immigration and
Customs Enforcement, as the case may be, are trained in the detection,
identification, detention, seizure, and forfeiture of cultural property,
archaeological or ethnological materials, and fish, wildlife, and
plants, the importation, exportation, or trafficking of which violates
the laws of the United States.
(b) Training.--The Commissioner and the Director are authorized to
accept training and other support services from experts outside of the
Federal Government with respect to the detection, identification,
detention, seizure, and forfeiture of cultural property, archaeological
or ethnological materials, or fish, wildlife, and plants described in
subsection (a).
[[Page 130 STAT. 189]]
SEC. 607. ENFORCEMENT UNDER TITLE III OF THE TRADE ACT OF 1974
WITH RESPECT TO CERTAIN ACTS, POLICIES,
AND PRACTICES.
Section 301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C.
2411(d)(3)(B)) is amended--
(1) in clause (ii), by striking ``or'' at the end;
(2) in clause (iii)(V), by striking the period at the end
and inserting ``, or''; and
(3) by adding at the end the following:
``(iv) constitutes a persistent pattern of
conduct by the government of a foreign country
under which that government fails to effectively
enforce commitments under agreements to which the
foreign country and the United States are parties,
including with respect to trade in goods, trade in
services, trade in agriculture, foreign
investment, intellectual property, digital trade
in goods and services and cross-border data flows,
regulatory practices, state-owned and state-
controlled enterprises, localization barriers to
trade, labor and the environment, anticorruption,
trade remedy laws, textiles, and commercial
partnerships.''.
SEC. 608. <<NOTE: 19 USC 4403.>> HONEY TRANSSHIPMENT.
(a) In General.--The Commissioner shall direct appropriate personnel
and the use of resources of U.S. Customs and Border Protection to
address concerns that honey is being imported into the United States in
violation of the customs and trade laws of the United States.
(b) Country of Origin.--
(1) <<NOTE: Records.>> In general.--The Commissioner shall
compile a database of the individual characteristics of honey
produced in foreign countries to facilitate the verification of
country of origin markings of imported honey.
(2) Engagement with foreign governments.--The Commissioner
shall seek to engage the customs agencies of foreign governments
for assistance in compiling the database described in paragraph
(1).
(3) Consultation with industry.--In compiling the database
described in paragraph (1), the Commissioner shall consult with
entities in the honey industry regarding the development of
industry standards for honey identification.
(4) Consultation with food and drug administration.--In
compiling the database described in paragraph (1), the
Commissioner shall consult with the Commissioner of Food and
Drugs.
(c) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner shall submit to Congress a
report that--
(1) <<NOTE: Assessment.>> describes and assesses the
limitations in the existing analysis capabilities of
laboratories with respect to determining the country of origin
of honey samples or the percentage of honey contained in a
sample; and
(2) <<NOTE: Recommenda- tions.>> includes any
recommendations of the Commissioner for improving such
capabilities.
(d) Sense of Congress.--It is the sense of Congress that the
Commissioner of Food and Drugs should promptly establish a national
standard of identity for honey for the Commissioner
[[Page 130 STAT. 190]]
of U.S. Customs and Border Protection to use to ensure that imports of
honey are--
(1) classified accurately for purposes of assessing duties;
and
(2) denied entry into the United States if such imports pose
a threat to the health or safety of consumers in the United
States.
SEC. 609. ESTABLISHMENT OF CHIEF INNOVATION AND INTELLECTUAL
PROPERTY NEGOTIATOR.
(a) In General.--Section 141 of the Trade Act of 1974 (19 U.S.C.
2171) is amended--
(1) in subsection (b)(2)--
(A) by striking ``and one Chief Agricultural
Negotiator'' and inserting ``, one Chief Agricultural
Negotiator, and one Chief Innovation and Intellectual
Property Negotiator,'';
(B) by striking ``or the Chief Agricultural
Negotiator'' and inserting ``, the Chief Agricultural
Negotiator, or the Chief Innovation and Intellectual
Property Negotiator''; and
(C) by striking ``and the Chief Agricultural
Negotiator'' and inserting ``, the Chief Agricultural
Negotiator, and the Chief Innovation and Intellectual
Property Negotiator''; and
(2) in subsection (c)--
(A) by moving paragraph (5) 2 ems to the left; and
(B) by adding at the end the following:
``(6) The principal functions of the Chief Innovation and
Intellectual Property Negotiator shall be to conduct trade negotiations
and to enforce trade agreements relating to United States intellectual
property and to take appropriate actions to address acts, policies, and
practices of foreign governments that have a significant adverse impact
on the value of United States innovation. The Chief Innovation and
Intellectual Property Negotiator shall be a vigorous advocate on behalf
of United States innovation and intellectual property interests. The
Chief Innovation and Intellectual Property Negotiator shall perform such
other functions as the United States Trade Representative may direct.''.
(b) Compensation.--Section 5314 of title 5, United States Code is
amended by striking ``Chief Agricultural Negotiator.'' and inserting the
following:
``Chief Agricultural Negotiator, Office of the United States Trade
Representative.
``Chief Innovation and Intellectual Property Negotiator, Office of
the United States Trade Representative.''.
(c) <<NOTE: 19 USC 4404.>> Report Required.--Not later than one
year after the appointment of the first Chief Innovation and
Intellectual Property Negotiator pursuant to paragraph (2) of section
141(b) of the Trade Act of 1974, as amended by subsection (a), and
annually thereafter, the United States Trade Representative shall submit
to the Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a report describing in detail--
(1) <<NOTE: Time period.>> enforcement actions taken by the
Trade Representative during the one-year period preceding the
submission of the report to ensure the protection of United
States innovation and intellectual property interests; and
[[Page 130 STAT. 191]]
(2) other actions taken by the Trade Representative to
advance United States innovation and intellectual property
interests.
SEC. 610. MEASURES RELATING TO COUNTRIES THAT DENY ADEQUATE
PROTECTION FOR INTELLECTUAL PROPERTY
RIGHTS.
(a) Inclusion of Countries That Deny Adequate Protection of Trade
Secrets.--Section 182(d)(2) of the Trade Act of 1974 (19 U.S.C.
2242(d)(2)) is amended by inserting ``, trade secrets,'' after
``copyrights''.
(b) Special Rules for Countries on the Priority Watch List of the
United States Trade Representative.--
(1) In general.--Section 182 of the Trade Act of 1974 (19
U.S.C. 2242) is amended by striking subsection (g) and inserting
the following:
``(g) Special Rules for Foreign Countries on the Priority Watch
List.--
``(1) Action plans.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 90 days after the date on which the Trade
Representative submits the National Trade Estimate under
section 181(b), the Trade Representative shall develop
an action plan described in subparagraph (C) with
respect to each foreign country described in
subparagraph (B).
``(B) Foreign country described.--The Trade
Representative shall develop an action plan under
subparagraph (A) with respect to each foreign country
that--
``(i) the Trade Representative has identified
for placement on the priority watch list; and
``(ii) has remained on such list for at least
one year.
``(C) Action plan described.--An action plan
developed under subparagraph (A) shall contain the
benchmarks described in subparagraph (D) and be designed
to assist the foreign country--
``(i) to achieve--
``(I) adequate and effective
protection of intellectual property
rights; and
``(II) fair and equitable market
access for United States persons that
rely upon intellectual property
protection; or
``(ii) to make significant progress toward
achieving the goals described in clause (i).
``(D) Benchmarks described.--The benchmarks
contained in an action plan developed pursuant to
subparagraph (A) are such legislative, institutional,
enforcement, or other actions as the Trade
Representative determines to be necessary for the
foreign country to achieve the goals described in clause
(i) or (ii) of subparagraph (C).
``(2) <<NOTE: President. Consultation. Determination.>>
Failure to meet action plan benchmarks.--If, as of one year
after the date on which an action plan is developed under
paragraph (1)(A), the President, in consultation with the Trade
Representative, determines that the foreign country to which the
action plan applies has not substantially complied with the
benchmarks described in paragraph (1)(D), the President may take
appropriate action with respect to the foreign country.
[[Page 130 STAT. 192]]
``(3) Priority watch list defined.--In this subsection, the
term `priority watch list' means the priority watch list
established by the Trade Representative pursuant to subsection
(a).
``(h) <<NOTE: Time period.>> Annual Report.--Not later than 30 days
after the date on which the Trade Representative submits the National
Trade Estimate under section 181(b), the Trade Representative shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report on
actions taken under this section during the 12 months preceding such
report, and the reasons for such actions, including--
``(1) <<NOTE: List.>> a list of any foreign countries
identified under subsection (a);
``(2) a description of progress made in achieving improved
intellectual property protection and market access for persons
relying on intellectual property rights; and
``(3) a description of the action plans developed under
subsection (g) and any actions taken by foreign countries under
such plans.''.
(2) <<NOTE: 19 USC 2242 note.>> Funding.--
(A) In general.--Amounts from the Trade Enforcement
Trust Fund established under section 611 may be expended
by the United States Trade Representative, only as
provided by appropriations Acts, to provide assistance
to any developing country to which an action plan
applies under section 182(g) of the Trade Act of 1974,
as amended by paragraph (1), to facilitate the efforts
of the developing country to comply with the benchmarks
contained in the action plan. Such assistance may
include capacity building, activities designed to
increase awareness of intellectual property rights, and
training for officials responsible for enforcing
intellectual property rights in the developing country.
(B) Developing country defined.--In this paragraph,
the term ``developing country'' means a country
classified by the World Bank as having a low-income or
lower-middle-income economy.
(3) <<NOTE: 19 USC 2242 note.>> Rule of construction.--
Nothing in this subsection or the amendment made by this
subsection shall be construed as limiting the authority of the
President or the United States Trade Representative to develop
action plans other than action plans described in section 182(g)
of the Trade Act of 1974, as amended by paragraph (1), or to
take any action otherwise authorized by law in response to the
failure of a foreign country to provide adequate and effective
protection and enforcement of intellectual property rights.
SEC. 611. <<NOTE: 19 USC 4405.>> TRADE ENFORCEMENT TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a trust fund to be known as the Trade Enforcement Trust
Fund (in this section referred to as the ``Trust Fund''), consisting of
amounts transferred to the Trust Fund under subsection (b) and any
amounts that may be credited to the Trust Fund under subsection (c).
(b) Transfer of Amounts.--
(1) In general.--The Secretary of the Treasury shall
transfer to the Trust Fund, from the general fund of the
[[Page 130 STAT. 193]]
Treasury, for each fiscal year that begins on or after the date
of the enactment of this Act through fiscal year 2026, an amount
equal to $15,000,000 (or a lesser amount as required pursuant to
paragraph (2)).
(2) Limitation.--The total amount in the Trust Fund at any
time may not exceed $30,000,000.
(3) Frequency of transfers.--The Secretary shall transfer
amounts required to be transferred to the Trust Fund under
paragraph (1) not less frequently than quarterly from the
general fund of the Treasury to the Trust Fund in a manner that
ensures that the total amount in the Trust Fund at the end of
the quarter does not exceed the limitation established under
paragraph (2).
(c) Investment of Amounts.--
(1) Investment of amounts.--The Secretary shall invest such
portion of the Trust Fund as is not required to meet current
withdrawals in interest-bearing obligations of the United States
or in obligations guaranteed as to both principal and interest
by the United States.
(2) Interest and proceeds.--The interest on, and the
proceeds from the sale or redemption of, any obligations held in
the Trust Fund shall be credited to and form a part of the Trust
Fund.
(d) Availability of Amounts From Trust Fund.--
(1) In general.--The United States Trade Representative
shall, on the basis of the advice of the Trade Policy Committee
and relevant subordinate bodies of the TPC, use or transfer for
the use by Federal agencies represented on the TPC amounts in
the Trust Fund, only as provided by appropriations Acts, for
making expenditures for any of the following:
(A) To seek to enforce the provisions of and
commitments and obligations under the WTO Agreements and
free trade agreements to which the United States is a
party and resolve any actions by foreign countries that
are inconsistent with those provisions, commitments, and
obligations.
(B) To monitor and ensure the full implementation by
foreign countries of the provisions of and commitments
and obligations under free trade agreements to which the
United States is a party for purposes of systematically
assessing, identifying, investigating, or initiating
steps to address inconsistencies with those provisions,
commitments, and obligations.
(C) To thoroughly investigate and respond to
petitions under section 302 of the Trade Act of 1974 (19
U.S.C. 2412) requesting that action be taken under
section 301 of such Act (19 U.S.C. 2411).
(D) To support capacity-building efforts undertaken
by the United States pursuant to any free trade
agreement to which the United States is a party and to
prioritize and give special attention to the timely,
consistent, and robust implementation of the commitments
and obligations of a party to that free trade agreement,
including commitments and obligations related to trade
in goods, trade in services, trade in agriculture,
foreign investment, intellectual property, digital trade
in goods and services and cross-border data flows,
regulatory practices, state-owned and
[[Page 130 STAT. 194]]
state-controlled enterprises, localization barriers to
trade, labor and the environment, currency, foreign
currency manipulation, anticorruption, trade remedy
laws, textiles, and commercial partnerships.
(E) To support capacity-building efforts undertaken
by the United States pursuant to any such free trade
agreement and to include performance indicators against
which the progress and obstacles for the implementation
of commitments and obligations can be identified and
assessed within a meaningful time frame.
(2) Limitation.--Amounts made available in the Trust Fund
may not be used to offset costs of conducting negotiations for
any free trade agreement to be entered into on or after the date
of the enactment of this Act, but may be used to support
implementation and capacity building prior to entry into force
of a free trade agreement.
(e) <<NOTE: Consultation.>> Report.--Not later than 18 months after
the entry into force of any free trade agreement entered into after the
date of the enactment of this Act, the United States Trade
Representative, in consultation with the Federal agencies represented on
the TPC, shall submit to Congress a report on the actions taken under
subsection (d) in connection with that agreement.
(f) Comptroller General Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that includes the following:
(A) <<NOTE: Analysis.>> A comprehensive analysis of
the trade enforcement expenditures of each Federal
agency with responsibilities relating to trade that
specifies, with respect to each such Federal agency--
(i) the amounts appropriated for trade
enforcement; and
(ii) the number of full-time employees
carrying out activities relating to trade
enforcement.
(B) <<NOTE: Recommenda- tions.>> Recommendations on
the additional employees and resources that each such
Federal agency may need to effectively enforce the free
trade agreements to which the United States is a party.
(2) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
Congress a report on the results of the study conducted under
paragraph (1).
(g) Definitions.--In this section:
(1) Trade policy committee; tpc.--The terms ``Trade Policy
Committee'' and ``TPC'' mean the interagency organization
established under section 242 of the Trade Expansion Act of 1962
(19 U.S.C. 1872).
(2) WTO.--The term ``WTO'' means the World Trade
Organization.
(3) WTO agreement.--The term ``WTO Agreement'' has the
meaning given that term in section 2(9) of the Uruguay Round
Agreements Act (19 U.S.C. 3501(9)).
(4) WTO agreements.--The term ``WTO Agreements'' means the
WTO Agreement and agreements annexed to that Agreement.
[[Page 130 STAT. 195]]
TITLE VII--ENGAGEMENT ON CURRENCY EXCHANGE RATE AND ECONOMIC POLICIES
SEC. 701. <<NOTE: 19 USC 4421.>> ENHANCEMENT OF ENGAGEMENT ON
CURRENCY EXCHANGE RATE AND ECONOMIC
POLICIES WITH CERTAIN MAJOR TRADING
PARTNERS OF THE UNITED STATES.
(a) Major Trading Partner Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less frequently than once
every 180 days thereafter, the Secretary shall submit to the
appropriate committees of Congress a report on the macroeconomic
and currency exchange rate policies of each country that is a
major trading partner of the United States.
(2) Elements.--
(A) In general.--Each report submitted under
paragraph (1) shall contain--
(i) for each country that is a major trading
partner of the United States--
(I) that country's bilateral trade
balance with the United States;
(II) that country's current account
balance as a percentage of its gross
domestic product;
(III) the change in that country's
current account balance as a percentage
of its gross domestic product during the
3-year period preceding the submission
of the report;
(IV) that country's foreign exchange
reserves as a percentage of its short-
term debt; and
(V) that country's foreign exchange
reserves as a percentage of its gross
domestic product; and
(ii) an enhanced analysis of macroeconomic and
exchange rate policies for each country that is a
major trading partner of the United States that
has--
(I) a significant bilateral trade
surplus with the United States;
(II) a material current account
surplus; and
(III) engaged in persistent one-
sided intervention in the foreign
exchange market.
(B) Enhanced analysis.--Each enhanced analysis under
subparagraph (A)(ii) shall include, for each country
with respect to which an analysis is made under that
subparagraph--
(i) a description of developments in the
currency markets of that country, including, to
the greatest extent feasible, developments with
respect to currency interventions;
(ii) a description of trends in the real
effective exchange rate of the currency of that
country and in the degree of undervaluation of
that currency;
(iii) an analysis of changes in the capital
controls and trade restrictions of that country;
and
(iv) patterns in the reserve accumulation of
that country.
[[Page 130 STAT. 196]]
(3) Assessment factors.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall publicly
describe the factors used to assess under paragraph (2)(A)(ii)
whether a country has a significant bilateral trade surplus with
the United States, has a material current account surplus, and
has engaged in persistent one-sided intervention in the foreign
exchange market.
(b) Engagement on Exchange Rate and Economic Policies.--
(1) <<NOTE: President.>> In general.--The President,
through the Secretary, shall commence enhanced bilateral
engagement with each country for which an enhanced analysis of
macroeconomic and currency exchange rate policies is included in
the report submitted under subsection (a), in order to, as
appropriate--
(A) urge implementation of policies to address the
causes of the undervaluation of its currency, its
significant bilateral trade surplus with the United
States, and its material current account surplus,
including undervaluation and surpluses relating to
exchange rate management;
(B) express the concern of the United States with
respect to the adverse trade and economic effects of
that undervaluation and those surpluses;
(C) advise that country of the ability of the
President to take action under subsection (c); and/or
(D) <<NOTE: Plan.>> develop a plan with specific
actions to address that undervaluation and those
surpluses.
(2) Waiver.--
(A) <<NOTE: Determination.>> In general.--The
Secretary may waive the requirement under paragraph (1)
to commence enhanced bilateral engagement with a country
if the Secretary determines that commencing enhanced
bilateral engagement with the country--
(i) would have an adverse impact on the United
States economy greater than the benefits of such
action; or
(ii) would cause serious harm to the national
security of the United States.
(B) Certification and report.--The Secretary shall
promptly certify to Congress a determination under
subparagraph (A) and promptly submit to Congress a
report that describes in detail the reasons for the
Secretary's determination under subparagraph (A).
(c) Remedial Action.--
(1) <<NOTE: President. Determination.>> In general.--If, on
or after the date that is one year after the commencement of
enhanced bilateral engagement by the President, through the
Secretary, with respect to a country under subsection (b)(1),
the Secretary determines that the country has failed to adopt
appropriate policies to correct the undervaluation and surpluses
described in subsection (b)(1)(A) with respect to that country,
the President shall take one or more of the following actions:
(A) Prohibit the Overseas Private Investment
Corporation from approving any new financing (including
any insurance, reinsurance, or guarantee) with respect
to a project located in that country on and after such
date.
(B) Except as provided in paragraph (3), and
pursuant to paragraph (4), prohibit the Federal
Government from
[[Page 130 STAT. 197]]
procuring, or entering into any contract for the
procurement of, goods or services from that country on
and after such date.
(C) Instruct the United States Executive Director of
the International Monetary Fund to call for additional
rigorous surveillance of the macroeconomic and exchange
rate policies of that country and, as appropriate,
formal consultations on findings of currency
manipulation.
(D) Instruct the United States Trade Representative
to take into account, in consultation with the
Secretary, in assessing whether to enter into a
bilateral or regional trade agreement with that country
or to initiate or participate in negotiations with
respect to a bilateral or regional trade agreement with
that country, the extent to which that country has
failed to adopt appropriate policies to correct the
undervaluation and surpluses described in subsection
(b)(1)(A).
(2) <<NOTE: President. Determination.>> Waiver.--
(A) In general.--The President may waive the
requirement under paragraph (1) to take remedial action
if the President determines that taking remedial action
under paragraph (1) would--
(i) have an adverse impact on the United
States economy greater than the benefits of taking
remedial action; or
(ii) would cause serious harm to the national
security of the United States.
(B) Certification and report.--The President shall
promptly certify to Congress a determination under
subparagraph (A) and promptly submit to Congress a
report that describes in detail the reasons for the
President's determination under subparagraph (A).
(3) Exception.--The President may not apply a prohibition
under paragraph (1)(B) in a manner that is inconsistent with
United States obligations under international agreements.
(4) <<NOTE: President.>> Consultations.--
(A) Office of management and budget.--Before
applying a prohibition under paragraph (1)(B), the
President shall consult with the Director of the Office
of Management and Budget to determine whether such
prohibition would subject the taxpayers of the United
States to unreasonable cost.
(B) Congress.--The President shall consult with the
appropriate committees of Congress with respect to any
action the President takes under paragraph (1)(B),
including whether the President has consulted as
required under subparagraph (A).
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Finance of the Senate; and
(B) the Committee on Financial Services and the
Committee on Ways and Means of the House of
Representatives.
(2) Country.--The term ``country'' means a foreign country,
dependent territory, or possession of a foreign country, and may
include an association of 2 or more foreign countries,
[[Page 130 STAT. 198]]
dependent territories, or possessions of countries into a
customs union outside the United States.
(3) Real effective exchange rate.--The term ``real effective
exchange rate'' means a weighted average of bilateral exchange
rates, expressed in price-adjusted terms.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
SEC. 702. <<NOTE: 19 USC 4422.>> ADVISORY COMMITTEE ON
INTERNATIONAL EXCHANGE RATE POLICY.
(a) Establishment.--
(1) In general.--There is established an Advisory Committee
on International Exchange Rate Policy (in this section referred
to as the ``Committee'').
(2) Duties.--The Committee shall be responsible for advising
the Secretary of the Treasury with respect to the impact of
international exchange rates and financial policies on the
economy of the United States.
(b) Membership.--
(1) In general.--The Committee shall be composed of 9
members as follows, none of whom shall be employees of the
Federal Government:
(A) Three members shall be appointed by the
President pro tempore of the Senate, upon the
recommendation of the chairmen and ranking members of
the Committee on Banking, Housing, and Urban Affairs and
the Committee on Finance of the Senate.
(B) Three members shall be appointed by the Speaker
of the House of Representatives, upon the recommendation
of the chairmen and ranking members of the Committee on
Financial Services and the Committee on Ways and Means
of the House of Representatives.
(C) <<NOTE: President.>> Three members shall be
appointed by the President.
(2) Qualifications.--Members shall be selected under
paragraph (1) on the basis of their objectivity and demonstrated
expertise in finance, economics, or currency exchange.
(3) Terms.--
(A) In general.--Members shall be appointed for a
term of 2 years or until the Committee terminates.
(B) Reappointment.--A member may be reappointed to
the Committee for additional terms.
(4) Vacancies.--Any vacancy in the Committee shall not
affect its powers, but shall be filled in the same manner as the
original appointment.
(c) Duration of Committee.--
(1) In general.--The Committee shall terminate on the date
that is 2 years after the date of the enactment of this Act
unless renewed by the President for a subsequent 2-year period.
(2) Continued renewal.--The President may continue to renew
the Committee for successive 2-year periods by taking
appropriate action to renew the Committee prior to the date on
which the Committee would otherwise terminate.
(d) Meetings.--The Committee shall hold not fewer than 2 meetings
each calendar year.
(e) Chairperson.--
[[Page 130 STAT. 199]]
(1) In general.--The Committee shall elect from among its
members a chairperson for a term of 2 years or until the
Committee terminates.
(2) Reelection; subsequent terms.--A chairperson of the
Committee may be reelected chairperson but is ineligible to
serve consecutive terms as chairperson.
(f) Staff.--The Secretary of the Treasury shall make available to
the Committee such staff, information, personnel, administrative
services, and assistance as the Committee may reasonably require to
carry out the activities of the Committee.
(g) Application of the Federal Advisory Committee Act.--
(1) In general.--Except as provided in paragraph (2), the
provisions of the Federal Advisory Committee Act (5 U.S.C. App.)
shall apply to the Committee.
(2) Exception.--Meetings of the Committee shall be exempt
from the requirements of subsections (a) and (b) of section 10
and section 11 of the Federal Advisory Committee Act (relating
to open meetings, public notice, public participation, and
public availability of documents), whenever and to the extent it
is determined by the President or the Secretary of the Treasury
that such meetings will be concerned with matters the disclosure
of which--
(A) would seriously compromise the development by
the Government of the United States of monetary or
financial policy; or
(B) is likely to--
(i) lead to significant financial speculation
in currencies, securities, or commodities; or
(ii) significantly endanger the stability of
any financial institution.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Treasury for each fiscal year in
which the Committee is in effect $1,000,000 to carry out this section.
TITLE <<NOTE: U.S. Customs and Border Protection Authorization Act.>>
VIII--MATTERS RELATING TO U.S. CUSTOMS AND BORDER PROTECTION
Subtitle A--Establishment of U.S. Customs and Border Protection
SEC. 801. <<NOTE: 19 USC 4301 note.>> SHORT TITLE.
This title may be cited as the ``U.S. Customs and Border Protection
Authorization Act''.
SEC. 802. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION.
(a) In General.--Section 411 of the Homeland Security Act of 2002 (6
U.S.C. 211) is amended to read as follows:
``SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION;
COMMISSIONER, DEPUTY COMMISSIONER, AND
OPERATIONAL OFFICES.
``(a) In General.--There is established in the Department an agency
to be known as U.S. Customs and Border Protection.
[[Page 130 STAT. 200]]
``(b) Commissioner of U.S. Customs and Border Protection.--
``(1) In general.--There shall be at the head of U.S.
Customs and Border Protection a Commissioner of U.S. Customs and
Border Protection (in this section referred to as the
`Commissioner').
``(2) Committee referral.--As an exercise of the rulemaking
power of the Senate, any nomination for the Commissioner
submitted to the Senate for confirmation, and referred to a
committee, shall be referred to the Committee on Finance.
``(c) Duties.--The Commissioner shall--
``(1) coordinate and integrate the security, trade
facilitation, and trade enforcement functions of U.S. Customs
and Border Protection;
``(2) ensure the interdiction of persons and goods illegally
entering or exiting the United States;
``(3) facilitate and expedite the flow of legitimate
travelers and trade;
``(4) direct and administer the commercial operations of
U.S. Customs and Border Protection, and the enforcement of the
customs and trade laws of the United States;
``(5) detect, respond to, and interdict terrorists, drug
smugglers and traffickers, human smugglers and traffickers, and
other persons who may undermine the security of the United
States, in cases in which such persons are entering, or have
recently entered, the United States;
``(6) safeguard the borders of the United States to protect
against the entry of dangerous goods;
``(7) ensure the overall economic security of the United
States is not diminished by efforts, activities, and programs
aimed at securing the homeland;
``(8) in coordination with U.S. Immigration and Customs
Enforcement and United States Citizenship and Immigration
Services, enforce and administer all immigration laws, as such
term is defined in paragraph (17) of section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)), including--
``(A) the inspection, processing, and admission of
persons who seek to enter or depart the United States;
and
``(B) the detection, interdiction, removal,
departure from the United States, short-term detention,
and transfer of persons unlawfully entering, or who have
recently unlawfully entered, the United States;
``(9) develop and implement screening and targeting
capabilities, including the screening, reviewing, identifying,
and prioritizing of passengers and cargo across all
international modes of transportation, both inbound and
outbound;
``(10) in coordination with the Secretary, deploy technology
to collect the data necessary for the Secretary to administer
the biometric entry and exit data system pursuant to section
7208 of the Intelligence Reform and Terrorism Prevention Act of
2004 (8 U.S.C. 1365b);
``(11) enforce and administer the laws relating to
agricultural import and entry inspection referred to in section
421;
``(12) in coordination with the Under Secretary for
Management of the Department, ensure U.S. Customs and Border
Protection complies with Federal law, the Federal Acquisition
Regulation, and the Department's acquisition management
[[Page 130 STAT. 201]]
directives for major acquisition programs of U.S. Customs and
Border Protection;
``(13) ensure that the policies and regulations of U.S.
Customs and Border Protection are consistent with the
obligations of the United States pursuant to international
agreements;
``(14) enforce and administer--
``(A) the Container Security Initiative program
under section 205 of the Security and Accountability for
Every Port Act of 2006 (6 U.S.C. 945); and
``(B) the Customs-Trade Partnership Against
Terrorism program under subtitle B of title II of such
Act (6 U.S.C. 961 et seq.);
``(15) conduct polygraph examinations in accordance with
section 3(1) of the Anti-Border Corruption Act of 2010 (Public
Law 111-376; 124 Stat. 4105);
``(16) establish the standard operating procedures described
in subsection (k);
``(17) carry out the training required under subsection (l);
and
``(18) carry out other duties and powers prescribed by law
or delegated by the Secretary.
``(d) Deputy Commissioner.--There shall be in U.S. Customs and
Border Protection a Deputy Commissioner who shall assist the
Commissioner in the management of U.S. Customs and Border Protection.
``(e) U.S. Border Patrol.--
``(1) In general.--There is established in U.S. Customs and
Border Protection the U.S. Border Patrol.
``(2) Chief.--There shall be at the head of the U.S. Border
Patrol a Chief, who shall--
``(A) be at the level of Executive Assistant
Commissioner within U.S. Customs and Border Protection;
and
``(B) report to the Commissioner.
``(3) Duties.--The U.S. Border Patrol shall--
``(A) serve as the law enforcement office of U.S.
Customs and Border Protection with primary
responsibility for interdicting persons attempting to
illegally enter or exit the United States or goods being
illegally imported into or exported from the United
States at a place other than a designated port of entry;
``(B) deter and prevent the illegal entry of
terrorists, terrorist weapons, persons, and contraband;
and
``(C) carry out other duties and powers prescribed
by the Commissioner.
``(f) Air and Marine Operations.--
``(1) In general.--There is established in U.S. Customs and
Border Protection an office known as Air and Marine Operations.
``(2) Executive assistant commissioner.--There shall be at
the head of Air and Marine Operations an Executive Assistant
Commissioner, who shall report to the Commissioner.
``(3) Duties.--Air and Marine Operations shall--
``(A) serve as the law enforcement office within
U.S. Customs and Border Protection with primary
responsibility to detect, interdict, and prevent acts of
terrorism and the unlawful movement of people, illicit
drugs, and other
[[Page 130 STAT. 202]]
contraband across the borders of the United States in
the air and maritime environment;
``(B) conduct joint aviation and marine operations
with U.S. Immigration and Customs Enforcement;
``(C) conduct aviation and marine operations with
international, Federal, State, and local law enforcement
agencies, as appropriate;
``(D) administer the Air and Marine Operations
Center established under paragraph (4); and
``(E) carry out other duties and powers prescribed
by the Commissioner.
``(4) Air and marine operations center.--
``(A) In general.--There is established in Air and
Marine Operations an Air and Marine Operations Center.
``(B) Executive director.--There shall be at the
head of the Air and Marine Operations Center an
Executive Director, who shall report to the Executive
Assistant Commissioner of Air and Marine Operations.
``(C) Duties.--The Air and Marine Operations Center
shall--
``(i) manage the air and maritime domain
awareness of the Department, as directed by the
Secretary;
``(ii) monitor and coordinate the airspace for
unmanned aerial systems operations of Air and
Marine Operations in U.S. Customs and Border
Protection;
``(iii) detect, identify, and coordinate a
response to threats to national security in the
air domain, in coordination with other appropriate
agencies, as determined by the Executive Assistant
Commissioner;
``(iv) provide aviation and marine support to
other Federal, State, tribal, and local agencies;
and
``(v) carry out other duties and powers
prescribed by the Executive Assistant
Commissioner.
``(g) Office of Field Operations.--
``(1) In general.--There is established in U.S. Customs and
Border Protection an Office of Field Operations.
``(2) Executive assistant commissioner.--There shall be at
the head of the Office of Field Operations an Executive
Assistant Commissioner, who shall report to the Commissioner.
``(3) Duties.--The Office of Field Operations shall
coordinate the enforcement activities of U.S. Customs and Border
Protection at United States air, land, and sea ports of entry
to--
``(A) deter and prevent terrorists and terrorist
weapons from entering the United States at such ports of
entry;
``(B) conduct inspections at such ports of entry to
safeguard the United States from terrorism and illegal
entry of persons;
``(C) prevent illicit drugs, agricultural pests, and
contraband from entering the United States;
``(D) in coordination with the Commissioner,
facilitate and expedite the flow of legitimate travelers
and trade;
``(E) administer the National Targeting Center
established under paragraph (4);
``(F) coordinate with the Executive Assistant
Commissioner for the Office of Trade with respect to the
trade
[[Page 130 STAT. 203]]
facilitation and trade enforcement activities of U.S.
Customs and Border Protection; and
``(G) carry out other duties and powers prescribed
by the Commissioner.
``(4) National targeting center.--
``(A) In general.--There is established in the
Office of Field Operations a National Targeting Center.
``(B) Executive director.--There shall be at the
head of the National Targeting Center an Executive
Director, who shall report to the Executive Assistant
Commissioner of the Office of Field Operations.
``(C) Duties.--The National Targeting Center shall--
``(i) serve as the primary forum for targeting
operations within U.S. Customs and Border
Protection to collect and analyze traveler and
cargo information in advance of arrival in the
United States to identify and address security
risks and strengthen trade enforcement;
``(ii) identify, review, and target travelers
and cargo for examination;
``(iii) coordinate the examination of entry
and exit of travelers and cargo;
``(iv) develop and conduct commercial risk
assessment targeting with respect to cargo
destined for the United States;
``(v) coordinate with the Transportation
Security Administration, as appropriate;
``(vi) issue Trade Alerts pursuant to section
111(b) of the Trade Facilitation and Trade
Enforcement Act of 2015; and
``(vii) carry out other duties and powers
prescribed by the Executive Assistant
Commissioner.
``(5) Annual report on staffing.--
``(A) In general.--Not later than 30 days after the
date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, and annually thereafter,
the Executive Assistant Commissioner shall submit to the
Committee on Homeland Security and the Committee on Ways
and Means of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
and the Committee on Finance of the Senate a report on
the staffing model for the Office of Field Operations,
including information on how many supervisors, front-
line U.S. Customs and Border Protection officers, and
support personnel are assigned to each Field Office and
port of entry.
``(B) Form.--The report required under subparagraph
(A) shall, to the greatest extent practicable, be
submitted in unclassified form, but may be submitted in
classified form, if the Executive Assistant Commissioner
determines that such is appropriate and informs the
Committee on Homeland Security and the Committee on Ways
and Means of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs
and the Committee on Finance of the Senate of the
reasoning for such.
``(h) Office of Intelligence.--
[[Page 130 STAT. 204]]
``(1) In general.--There is established in U.S. Customs and
Border Protection an Office of Intelligence.
``(2) Assistant commissioner.--There shall be at the head of
the Office of Intelligence an Assistant Commissioner, who shall
report to the Commissioner.
``(3) Duties.--The Office of Intelligence shall--
``(A) develop, provide, coordinate, and implement
intelligence capabilities into a cohesive intelligence
enterprise to support the execution of the duties and
responsibilities of U.S. Customs and Border Protection;
``(B) manage the counterintelligence operations of
U.S. Customs and Border Protection;
``(C) establish, in coordination with the Chief
Intelligence Officer of the Department, as appropriate,
intelligence-sharing relationships with Federal, State,
local, and tribal agencies and intelligence agencies;
``(D) conduct risk-based covert testing of U.S.
Customs and Border Protection operations, including for
nuclear and radiological risks; and
``(E) carry out other duties and powers prescribed
by the Commissioner.
``(i) Office of International Affairs.--
``(1) In general.--There is established in U.S. Customs and
Border Protection an Office of International Affairs.
``(2) Assistant commissioner.--There shall be at the head of
the Office of International Affairs an Assistant Commissioner,
who shall report to the Commissioner.
``(3) Duties.--The Office of International Affairs, in
collaboration with the Office of Policy of the Department,
shall--
``(A) coordinate and support U.S. Customs and Border
Protection's foreign initiatives, policies, programs,
and activities;
``(B) coordinate and support U.S. Customs and Border
Protection's personnel stationed abroad;
``(C) maintain partnerships and information-sharing
agreements and arrangements with foreign governments,
international organizations, and United States agencies
in support of U.S. Customs and Border Protection's
duties and responsibilities;
``(D) provide necessary capacity building, training,
and assistance to foreign customs and border control
agencies to strengthen border, global supply chain, and
travel security, as appropriate;
``(E) coordinate mission support services to sustain
U.S. Customs and Border Protection's global activities;
``(F) coordinate with customs authorities of foreign
countries with respect to trade facilitation and trade
enforcement;
``(G) coordinate U.S. Customs and Border
Protection's engagement in international negotiations;
``(H) advise the Commissioner with respect to
matters arising in the World Customs Organization and
other international organizations as such matters relate
to the policies and procedures of U.S. Customs and
Border Protection;
``(I) advise the Commissioner regarding
international agreements to which the United States is a
party as such
[[Page 130 STAT. 205]]
agreements relate to the policies and regulations of
U.S. Customs and Border Protection; and
``(J) carry out other duties and powers prescribed
by the Commissioner.
``(j) Office of Professional Responsibility.--
``(1) In general.--There is established in U.S. Customs and
Border Protection an Office of Professional Responsibility.
``(2) Assistant commissioner.--There shall be at the head of
the Office of Professional Responsibility an Assistant
Commissioner, who shall report to the Commissioner.
``(3) Duties.--The Office of Professional Responsibility
shall--
``(A) investigate criminal and administrative
matters and misconduct by officers, agents, and other
employees of U.S. Customs and Border Protection;
``(B) manage integrity-related programs and policies
of U.S. Customs and Border Protection;
``(C) conduct research and analysis regarding
misconduct of officers, agents, and other employees of
U.S. Customs and Border Protection; and
``(D) carry out other duties and powers prescribed
by the Commissioner.
``(k) Standard Operating Procedures.--
``(1) In general.--The Commissioner shall establish--
``(A) standard operating procedures for searching,
reviewing, retaining, and sharing information contained
in communication, electronic, or digital devices
encountered by U.S. Customs and Border Protection
personnel at United States ports of entry;
``(B) standard use of force procedures that officers
and agents of U.S. Customs and Border Protection may
employ in the execution of their duties, including the
use of deadly force;
``(C) <<NOTE: Notification.>> uniform,
standardized, and publicly-available procedures for
processing and investigating complaints against
officers, agents, and employees of U.S. Customs and
Border Protection for violations of professional
conduct, including the timely disposition of complaints
and a written notification to the complainant of the
status or outcome, as appropriate, of the related
investigation, in accordance with section 552a of title
5, United States Code (commonly referred to as the
`Privacy Act' or the `Privacy Act of 1974');
``(D) <<NOTE: Reports. Evaluation.>> an internal,
uniform reporting mechanism regarding incidents
involving the use of deadly force by an officer or agent
of U.S. Customs and Border Protection, including an
evaluation of the degree to which the procedures
required under subparagraph (B) were followed; and
``(E) standard operating procedures, acting through
the Executive Assistant Commissioner for Air and Marine
Operations and in coordination with the Office for Civil
Rights and Civil Liberties and the Office of Privacy of
the Department, to provide command, control,
communication, surveillance, and reconnaissance
assistance through the use of unmanned aerial systems,
including the establishment of--
``(i) a process for other Federal, State, and
local law enforcement agencies to submit mission
requests;
[[Page 130 STAT. 206]]
``(ii) a formal procedure to determine whether
to approve or deny such a mission request;
``(iii) a formal procedure to determine how
such mission requests are prioritized and
coordinated; and
``(iv) a process regarding the protection and
privacy of data and images collected by U.S.
Customs and Border Protection through the use of
unmanned aerial systems.
``(2) Requirements regarding certain notifications.--The
standard operating procedures established pursuant to
subparagraph (A) of paragraph (1) shall require--
``(A) in the case of a search of information
conducted on an electronic device by U.S. Customs and
Border Protection personnel, the Commissioner to notify
the individual subject to such search of the purpose and
authority for such search, and how such individual may
obtain information on reporting concerns about such
search; and
``(B) in the case of information collected by U.S.
Customs and Border Protection through a search of an
electronic device, if such information is transmitted to
another Federal agency for subject matter assistance,
translation, or decryption, the Commissioner to notify
the individual subject to such search of such
transmission.
``(3) <<NOTE: Determination.>> Exceptions.--The
Commissioner may withhold the notifications required under
paragraphs (1)(C) and (2) if the Commissioner determines, in the
sole and unreviewable discretion of the Commissioner, that such
notifications would impair national security, law enforcement,
or other operational interests.
``(4) <<NOTE: Deadline.>> Update and review.--The
Commissioner shall review and update every three years the
standard operating procedures required under this subsection.
``(5) <<NOTE: Deadline. Time period. Effective date.>>
Audits.--The Inspector General of the Department of Homeland
Security shall develop and annually administer, during each of
the three calendar years beginning in the calendar year that
begins after the date of the enactment of the Trade Facilitation
and Trade Enforcement Act of 2015, an auditing mechanism to
review whether searches of electronic devices at or between
United States ports of entry are being conducted in conformity
with the standard operating procedures required under
subparagraph (A) of paragraph (1). Such audits shall be
submitted to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate and shall include the
following:
``(A) A description of the activities of officers
and agents of U.S. Customs and Border Protection with
respect to such searches.
``(B) The number of such searches.
``(C) The number of instances in which information
contained in such devices that were subjected to such
searches was retained, copied, shared, or entered in an
electronic database.
``(D) The number of such devices detained as the
result of such searches.
``(E) The number of instances in which information
collected from such devices was subjected to such
searches
[[Page 130 STAT. 207]]
and was transmitted to another Federal agency, including
whether such transmissions resulted in a prosecution or
conviction.
``(6) Requirements regarding other notifications.--The
standard use of force procedures established pursuant to
subparagraph (B) of paragraph (1) shall require--
``(A) in the case of an incident of the use of
deadly force by U.S. Customs and Border Protection
personnel, the Commissioner to notify the Committee on
Homeland Security of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) <<NOTE: Records. Deadline.>> the Commissioner
to provide to such committees a copy of the evaluation
pursuant to subparagraph (D) of such paragraph not later
than 30 days after completion of such evaluation.
``(7) Report on unmanned aerial systems.--The Commissioner
shall submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate an annual report, for each of
the three calendar years beginning in the calendar year that
begins after the date of the enactment of the Trade Facilitation
and Trade Enforcement Act of 2015, that reviews whether the use
of unmanned aerial systems is being conducted in conformity with
the standard operating procedures required under subparagraph
(E) of paragraph (1). Such reports--
``(A) shall be submitted with the annual budget of
the United States Government submitted by the President
under section 1105 of title 31, United States Code;
``(B) may be submitted in classified form if the
Commissioner determines that such is appropriate; and
``(C) shall include--
``(i) a detailed description of how, where,
and for how long data and images collected through
the use of unmanned aerial systems by U.S. Customs
and Border Protection are collected and stored;
and
``(ii) <<NOTE: List.>> a list of Federal,
State, and local law enforcement agencies that
submitted mission requests in the previous year
and the disposition of such requests.
``(l) Training.--The Commissioner shall require all officers and
agents of U.S. Customs and Border Protection to participate in a
specified amount of continuing education (to be determined by the
Commissioner) to maintain an understanding of Federal legal rulings,
court decisions, and departmental policies, procedures, and guidelines.
``(m) Short-term Detention Standards.--
``(1) Access to food and water.--The Commissioner shall make
every effort to ensure that adequate access to food and water is
provided to an individual apprehended and detained at a United
States port of entry or between ports of entry as soon as
practicable following the time of such apprehension or during
subsequent short-term detention.
``(2) Access to information on detainee rights at border
patrol processing centers.--
``(A) In general.--The Commissioner shall ensure
that an individual apprehended by a U.S. Border Patrol
agent
[[Page 130 STAT. 208]]
or an Office of Field Operations officer is provided
with information concerning such individual's rights,
including the right to contact a representative of such
individual's government for purposes of United States
treaty obligations.
``(B) Form.--The information referred to in
subparagraph (A) may be provided either verbally or in
writing, and shall be posted in the detention holding
cell in which such individual is being held. The
information shall be provided in a language
understandable to such individual.
``(3) Short-term detention defined.--In this subsection, the
term `short-term detention' means detention in a U.S. Customs
and Border Protection processing center for 72 hours or less,
before repatriation to a country of nationality or last habitual
residence.
``(4) Daytime repatriation.--When practicable, repatriations
shall be limited to daylight hours and avoid locations that are
determined to have high indices of crime and violence.
``(5) Report on procurement process and standards.--Not
later than 180 days after the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, the Comptroller
General of the United States shall submit to the Committee on
Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the
Senate a report on the procurement process and standards of
entities with which U.S. Customs and Border Protection has
contracts for the transportation and detention of individuals
apprehended by agents or officers of U.S. Customs and Border
Protection. Such report should also consider the operational
efficiency of contracting the transportation and detention of
such individuals.
``(6) Report on inspections of short-term custody
facilities.--The Commissioner shall--
``(A) annually inspect all facilities utilized for
short-term detention; and
``(B) <<NOTE: Public information. Recommenda-
tions.>> make publicly available information collected
pursuant to such inspections, including information
regarding the requirements under paragraphs (1) and (2)
and, where appropriate, issue recommendations to improve
the conditions of such facilities.
``(n) Wait Times Transparency.--
``(1) In general.--The Commissioner shall--
``(A) <<NOTE: Publication.>> publish live wait
times for travelers entering the United States at the 20
United States airports that support the highest volume
of international travel (as determined by available
Federal flight data);
``(B) <<NOTE: Public information. Web posting.>>
make information about such wait times available to the
public in real time through the U.S. Customs and Border
Protection website;
``(C) <<NOTE: Time period. Effective
date. Reports.>> submit to the Committee on Homeland
Security and the Committee on Ways and Means of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on
Finance of the Senate, for each of the five calendar
years beginning in the calendar year that begins after
the date of the enactment of the Trade Facilitation and
Trade
[[Page 130 STAT. 209]]
Enforcement Act of 2015, a report that includes
compilations of all such wait times and a ranking of
such United States airports by wait times; and
``(D) provide adequate staffing at the U.S. Customs
and Border Protection information center to ensure
timely access for travelers attempting to submit
comments or speak with a representative about their
entry experiences.
``(2) Calculation.--The wait times referred to in paragraph
(1)(A) shall be determined by calculating the time elapsed
between an individual's entry into the U.S. Customs and Border
Protection inspection area and such individual's clearance by a
U.S. Customs and Border Protection officer.
``(o) Other Authorities.--
``(1) In general.--The Secretary may establish such other
offices or positions of Assistant Commissioners (or other
similar officers or officials) as the Secretary determines
necessary to carry out the missions, duties, functions, and
authorities of U.S. Customs and Border Protection.
``(2) <<NOTE: Deadline.>> Notification.--If the Secretary
exercises the authority provided under paragraph (1), the
Secretary shall notify the Committee on Homeland Security and
the Committee on Ways and Means of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
and the Committee on Finance of the Senate not later than 30
days before exercising such authority.
``(p) Reports to Congress.--The Commissioner shall, on and after the
date of the enactment of the Trade Facilitation and Trade Enforcement
Act of 2015, continue to submit to the Committee on Homeland Security
and the Committee on Ways and Means of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs and the
Committee on Finance of the Senate any report required, on the day
before such date of enactment, to be submitted under any provision of
law.
``(q) Other Federal Agencies.--Nothing in this section may be
construed as affecting in any manner the authority, existing on the day
before the date of the enactment of the Trade Facilitation and Trade
Enforcement Act of 2015, of any other Federal agency or component of the
Department.
``(r) Definitions.--In this section, the terms `commercial
operations', `customs and trade laws of the United States', `trade
enforcement', and `trade facilitation' have the meanings given such
terms in section 2 of the Trade Facilitation and Trade Enforcement Act
of 2015.''.
(b) <<NOTE: 6 USC 211 note.>> Special Rules.--
(1) Treatment.--Section 411 of the Homeland Security Act of
2002, as amended by subsection (a) of this section, shall be
treated as if included in such Act as of the date of the
enactment of such Act, and, in addition to the functions,
missions, duties, and authorities specified in such amended
section 411, U.S. Customs and Border Protection shall continue
to perform and carry out the functions, missions, duties, and
authorities under section 411 of such Act as in existence on the
day before the date of the enactment of this Act, and section
415 of the Homeland Security Act of 2002.
(2) Rules of construction.--
(A) Rules and regulations.--Notwithstanding
paragraph (1), nothing in this title or any amendment
made
[[Page 130 STAT. 210]]
by this title may be construed as affecting in any
manner any rule or regulation issued or promulgated
pursuant to any provision of law, including section 411
of the Homeland Security Act of 2002 as in existence on
the day before the date of the enactment of this Act,
and any such rule or regulation shall continue to have
full force and effect on and after such date.
(B) Other actions.--Notwithstanding paragraph (1),
nothing in this Act may be construed as affecting in any
manner any action, determination, policy, or decision
pursuant to section 411 of the Homeland Security Act of
2002 as in existence on the day before the date of the
enactment of this Act, and any such action,
determination, policy, or decision shall continue to
have full force and effect on and after such date.
(c) <<NOTE: 6 USC 211 note.>> Continuation in Office.--
(1) Commissioner.--The individual serving as the
Commissioner of Customs on the day before the date of the
enactment of this Act may serve as the Commissioner of U.S.
Customs and Border Protection on and after such date of
enactment until a Commissioner of U.S. Customs and Border
Protection is appointed under section 411 of the Homeland
Security Act of 2002, as amended by subsection (a) of this
section.
(2) Other positions.--The individual serving as Deputy
Commissioner, and the individuals serving as Assistant
Commissioners and other officers and officials, under section
411 of the Homeland Security Act of 2002 on the day before the
date of the enactment of this Act may serve as the Executive
Assistant Commissioners, Deputy Commissioner, Assistant
Commissioners, and other officers and officials, as appropriate,
under such section 411 as amended by subsection (a) of this
section unless the Commissioner of U.S. Customs and Border
Protection determines that another individual should hold such
position or positions.
(d) Reference.--
(1) Title 5.--Section 5314 of title 5, United States Code,
is amended by striking ``Commissioner of Customs, Department of
Homeland Security'' and inserting ``Commissioner of U.S. Customs
and Border Protection, Department of Homeland Security''.
(2) <<NOTE: 6 USC 211 note.>> Other references.--On and
after the date of the enactment of this Act, any reference in
law or regulations to the ``Commissioner of Customs'' or the
``Commissioner of the Customs Service'' shall be deemed to be a
reference to the Commissioner of U.S. Customs and Border
Protection.
(e) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
striking the item relating to section 411 and inserting the following
new item:
``Sec. 411. Establishment of U.S. Customs and Border Protection;
Commissioner, Deputy Commissioner, and operational
offices.''.
(f) Repeals.--Sections 416 and 418 of the Homeland Security Act of
2002 (6 U.S.C. 216 and 218), and the items relating to such sections in
the table of contents in section 1(b) of such Act, are repealed.
(g) Clerical and Conforming Amendments.--
[[Page 130 STAT. 211]]
(1) In general.--The Homeland Security Act of 2002 (6 U.S.C.
101 et seq.) is amended--
(A) in title I--
(i) in section 102(f)(10) (6 U.S.C.
112(f)(10)), by striking ``the Directorate of
Border and Transportation Security'' and inserting
``the Commissioner of U.S. Customs and Border
Protection''; and
(ii) in section 103(a)(1) (6 U.S.C.
113(a)(1))--
(I) in subparagraph (C), by striking
``An Under Secretary for Border and
Transportation Security.'' and inserting
``A Commissioner of U.S. Customs and
Border Protection.''; and
(II) in subparagraph (G), by
striking ``A Director of the Office of
Counternarcotics Enforcement.'' and
inserting ``A Director of U.S.
Immigration and Customs Enforcement.'';
and
(B) in title IV--
(i) by striking the title heading and
inserting ``BORDER, MARITIME, AND TRANSPORTATION
SECURITY'';
(ii) in subtitle A--
(I) by striking the subtitle heading
and inserting ``Border, Maritime, and
Transportation Security Responsibilities
and Functions''; and
(II) in section 402 (6 U.S.C. 202)--
(aa) in the section heading,
by striking ``responsibilities''
and inserting ``border,
maritime, and transportation
responsibilities''; and
(bb) by striking ``, acting
through the Under Secretary for
Border and Transportation
Security,'';
(iii) in subtitle B--
(I) by striking the subtitle heading
and inserting ``U.S. Customs and Border
Protection'';
(II) in section 412(b) (6 U.S.C.
212), by striking ``the United States
Customs Service'' each place it appears
and inserting ``U.S. Customs and Border
Protection'';
(III) in section 413 (6 U.S.C. 213),
by striking ``available to the United
States Customs Service or'';
(IV) in section 414 (6 U.S.C. 214),
by striking ``the United States Customs
Service'' and inserting ``U.S. Customs
and Border Protection''; and
(V) in section 415 (6 U.S.C. 215)--
(aa) in paragraph (7), by
inserting before the colon the
following: ``, and of U.S.
Customs and Border Protection on
the day before the effective
date of the U.S. Customs and
Border Protection Authorization
Act''; and
(bb) in paragraph (8), by
inserting before the colon the
following: ``, and of U.S.
Customs and Border Protection on
the day before the
[[Page 130 STAT. 212]]
effective date of the U.S.
Customs and Border Protection
Authorization Act'';
(iv) in subtitle C--
(I) by striking section 424 (6
U.S.C. 234) and inserting the following
new section:
``SEC. 424. <<NOTE: 6 USC 234.>> PRESERVATION OF TRANSPORTATION
SECURITY ADMINISTRATION AS A DISTINCT
ENTITY.
``Notwithstanding any other provision of this Act, the
Transportation Security Administration shall be maintained as a distinct
entity within the Department.''; and
(II) in section 430 (6 U.S.C. 238)--
(aa) by amending subsection
(a) to read as follows:
``(a) Establishment.--There is established in the Department an
Office for Domestic Preparedness.'';
(bb) in subsection (b), by
striking the second sentence;
and
(cc) in subsection (c)(7),
by striking ``Directorate'' and
inserting ``Department''; and
(v) in subtitle D--
(I) in section 441 (6 U.S.C. 251)--
(aa) by striking the section
heading and inserting ``transfer
of functions''; and
(bb) by striking ``Under
Secretary for Border and
Transportation Security'' and
inserting ``Secretary'';
(II) in section 443 (6 U.S.C. 253)--
(aa) in the matter preceding
paragraph (1), by striking
``Under Secretary for Border and
Transportation Security'' and
inserting ``Secretary''; and
(bb) by striking ``the
Bureau of Border Security'' and
inserting ``U.S. Immigration and
Customs Enforcement'' each place
it appears; and
(III) by amending section 444 (6
U.S.C. 254) to read as follows:
``SEC. 444. EMPLOYEE DISCIPLINE.
``Notwithstanding any other provision of law, the Secretary may
impose disciplinary action on any employee of U.S. Immigration and
Customs Enforcement and U.S. Customs and Border Protection who willfully
deceives Congress or agency leadership on any matter.''.
(2) <<NOTE: Repeal.>> Conforming amendments.--Section 401
of the Homeland Security Act of 2002 (6 U.S.C. 201) is repealed.
(3) Clerical amendments.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended--
(A) by striking the item relating to title IV and
inserting the following:
``TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY'';
(B) by striking the item relating to subtitle A of
title IV and inserting the following:
[[Page 130 STAT. 213]]
``Subtitle A--Border, Maritime, and Transportation Security
Responsibilities and Functions'';
(C) by striking the item relating to section 401;
(D) by striking the item relating to subtitle B of
title IV and inserting the following:
``Subtitle B--U.S. Customs and Border Protection'';
(E) by striking the item relating to section 441 and
inserting the following:
``Sec. 441. Transfer of functions.''; and
(F) by striking the item relating to section 442 and
inserting the following:
``Sec. 442. U.S. Immigration and Customs Enforcement.''.
(h) Office of Trade.--
(1) Trade offices and functions.--The Act of March 3, 1927
(44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), is amended
by adding at the end the following:
``SEC. 4. <<NOTE: 19 USC 2084.>> OFFICE OF TRADE.
``(a) In General.--There is established in U.S. Customs and Border
Protection an Office of Trade.
``(b) Executive Assistant Commissioner.--There shall be at the head
of the Office of Trade an Executive Assistant Commissioner, who shall
report to the Commissioner of U.S. Customs and Border Protection.
``(c) Duties.--The Office of Trade shall--
``(1) direct the development and implementation, pursuant to
the customs and trade laws of the United States, of policies and
regulations administered by U.S. Customs and Border Protection;
``(2) advise the Commissioner of U.S. Customs and Border
Protection with respect to the impact on trade facilitation and
trade enforcement of any policy or regulation otherwise proposed
or administered by U.S. Customs and Border Protection;
``(3) coordinate with the Executive Assistant Commissioner
for the Office of Field Operations with respect to the trade
facilitation and trade enforcement activities of U.S. Customs
and Border Protection;
``(4) direct the development and implementation of matters
relating to the priority trade issues identified by the
Commissioner of U.S. Customs and Border Protection in the joint
strategic plan for trade facilitation and trade enforcement
required under section 105 of the Trade Facilitation and Trade
Enforcement Act of 2015;
``(5) otherwise advise the Commissioner of U.S. Customs and
Border Protection with respect to the development and
implementation of the joint strategic plan;
``(6) direct the trade enforcement activities of U.S.
Customs and Border Protection;
``(7) oversee the trade modernization activities of U.S.
Customs and Border Protection, including the development and
implementation of the Automated Commercial Environment computer
system authorized under section 13031(f)(4) of the Consolidated
Omnibus Budget and Reconciliation Act of 1985 (19 U.S.C.
58c(f)(4)) and support for the establishment of the
[[Page 130 STAT. 214]]
International Trade Data System under the oversight of the
Department of the Treasury pursuant to section 411(d) of the
Tariff Act of 1930 (19 U.S.C. 1411(d));
``(8) direct the administration of customs revenue functions
as otherwise provided by law or delegated by the Commissioner of
U.S. Customs and Border Protection; and
``(9) <<NOTE: Reports. Deadlines.>> prepare an annual
report to be submitted to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of
Representatives not later than June 1, 2016, and March 1 of each
calendar year thereafter that includes--
``(A) a summary of the changes to customs policies
and regulations adopted by U.S. Customs and Border
Protection during the preceding calendar year; and
``(B) a description of the public vetting and
interagency consultation that occurred with respect to
each such change.
``(d) Transfer of Assets, Functions, Personnel, or Liabilities;
Elimination of Offices.--
``(1) <<NOTE: Deadlines.>> Office of international trade.--
``(A) Transfer.--Not later than 30 days after the
date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, the Commissioner of U.S.
Customs and Border Protection shall transfer the assets,
functions, personnel, and liabilities of the Office of
International Trade to the Office of Trade established
under subsection (b).
``(B) Elimination.--Not later than 30 days after the
date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, the Office of
International Trade shall be abolished.
``(C) <<NOTE: Notification.>> Limitation on
funds.--No funds appropriated to U.S. Customs and Border
Protection or the Department of Homeland Security may be
used to transfer the assets, functions, personnel, or
liabilities of the Office of International Trade to an
office other than the Office of Trade established under
subsection (a), unless the Commissioner of U.S. Customs
and Border Protection notifies the Committee on Homeland
Security and the Committee on Ways and Means of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on
Finance of the Senate of the specific assets, functions,
personnel, or liabilities to be transferred, and the
reason for the transfer, not less than 90 days prior to
the transfer of such assets, functions, personnel, or
liabilities.
``(D) Office of international trade defined.--In
this paragraph, the term `Office of International Trade'
means the Office of International Trade established by
section 2 of this Act and as in effect on the day before
the date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015.
``(2) Other transfers.--
``(A) In general.--The Commissioner of U.S. Customs
and Border Protection is authorized to transfer any
other assets, functions, or personnel within U.S.
Customs and
[[Page 130 STAT. 215]]
Border Protection to the Office of Trade established
under subsection (a).
``(B) <<NOTE: Deadline.>> Congressional
notification.--Not less than 90 days prior to the
transfer of assets, functions, personnel, or liabilities
under subparagraph (A), the Commissioner of U.S. Customs
and Border Protection shall notify the Committee on
Homeland Security and the Committee on Ways and Means of
the House of Representatives and the Committee on
Homeland Security and Governmental Affairs and the
Committee on Finance of the Senate of the specific
assets, functions, personnel, or liabilities to be
transferred, and the reason for such transfer.
``(e) Definitions.--In this section, the terms `customs and trade
laws of the United States', `trade enforcement', and `trade
facilitation' have the meanings given such terms in section 2 of the
Trade Facilitation and Trade Enforcement Act of 2015.''.
(2) <<NOTE: 19 USC 2084 note.>> Continuation in office.--
The individual serving as the Assistant Commissioner of the
Office of International Trade on the day before the date of the
enactment of this Act may serve as the Executive Assistant
Commissioner of Trade on and after such date of enactment, at
the discretion of the Commissioner of U.S. Customs and Border
Protection.
(3) Conforming amendments.--Section 2 of the Act of March 3,
1927 (44. Stat. 1381, chapter 348; 19 U.S.C. 2072), as added by
section 402 of the Security and Accountability for Every Port
Act of 2006 (Public Law 109-347; 120 Stat. 1924), is amended--
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and (f) as
subsections (d) and (e), respectively.
(i) Reports and Assessments.--
(1) Report on business transformation initiative.--Not later
than 90 days after the date of the enactment of this Act and
annually thereafter for the next five years, the Commissioner
shall submit to the Committee on Ways and Means and the
Committee on Homeland Security of the House of Representatives
and the Committee on Finance and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on U.S.
Customs and Border Protection's Business Transformation
Initiative, including locations where the Initiative is
deployed, the types of equipment utilized, a description of
protocols and procedures, information on wait times at such
locations since deployment, and information regarding the
schedule for deployment at new locations.
(2) Port of entry infrastructure needs assessments.--Not
later than 180 days after the date of the enactment of this Act,
the Commissioner shall assess the physical infrastructure and
technology needs at the 20 busiest land ports of entry (as
measured by U.S. Customs and Border Protection) with a
particular attention to identify ways to--
(A) improve travel and trade facilitation;
(B) reduce wait times;
(C) improve physical infrastructure and conditions
for individuals accessing pedestrian ports of entry;
(D) enter into long-term leases with nongovernmental
and private sector entities;
[[Page 130 STAT. 216]]
(E) enter into lease-purchase agreements with
nongovernmental and private sector entities; and
(F) achieve cost savings through leases described in
subparagraphs (D) and (E).
(3) Personal searches.--Not later than 90 days after the
date of the enactment of this Act and annually thereafter for
the next three years, the Commissioner shall submit to the
Committee on Homeland Security of the House of Representatives
and the Committee on Homeland Security and Governmental Affairs
of the Senate a report on supervisor-approved personal searches
conducted in the previous year by U.S. Customs and Border
Protection personnel. Such report shall include the number of
personal searches conducted in each sector and field office, the
number of invasive personal searches conducted in each sector
and field office, whether personal searches were conducted by
Office of Field Operations or U.S. Border Patrol personnel, and
how many personal searches resulted in the discovery of
contraband.
(j) <<NOTE: Certification. 8 USC 1185 note.>> Trusted Traveler
Programs.--The Secretary of Homeland Security may not enter into or
renew an agreement with the government of a foreign country for a
trusted traveler program administered by U.S. Customs and Border
Protection unless the Secretary certifies in writing that such
government--
(1) routinely submits to INTERPOL for inclusion in
INTERPOL's Stolen and Lost Travel Documents database information
about lost and stolen passports and travel documents of the
citizens and nationals of such country; or
(2) makes available to the United States Government the
information described in paragraph (1) through another means of
reporting.
(k) <<NOTE: Deadline. Plan.>> Agricultural Specialist Career
Track.--Not later than one year after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit to the Committee on
Homeland Security and the Committee on Ways and Means of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs and the Committee on Finance of the Senate a plan to create an
agricultural specialist career track within U.S. Customs and Border
Protection. Such plan shall include the following:
(1) A description of education, training, experience, and
assignments necessary for career progression as an agricultural
specialist.
(2) Recruitment and retention goals for agricultural
specialists, including a timeline for fulfilling staffing
deficits identified in agricultural resource allocation models.
(3) <<NOTE: Assessment.>> An assessment of equipment and
other resources needed to support agricultural specialists.
(4) Any other factors the Commissioner determines
appropriate.
(l) Sense of Congress Regarding the Foreign Language Award
Program.--
(1) Findings.--Congress finds the following:
(A) Congress established the Foreign Language Award
Program (FLAP) to incentivize employees at United States
ports of entry to utilize their foreign language skills
on the job by providing a financial incentive for the
use of the foreign language for at least ten percent of
their duties
[[Page 130 STAT. 217]]
after passage of competency tests. FLAP incentivizes the
use of more than two dozen languages and has been
instrumental in identifying and utilizing U.S. Customs
and Border Protection officers and agents who are
proficient in a foreign language.
(B) In 1993, Congress provided for dedicated funding
for this program by stipulating that certain fees
collected by U.S. Customs and Border Protection be used
to fund FLAP.
(C) Through FLAP, foreign travelers are aided by
having an officer at a port of entry who speaks their
language, and U.S. Customs and Border Protection
benefits by being able to focus its border security
efforts in a more effective manner.
(2) Sense of congress.--It is the sense of Congress that
FLAP incentivizes U.S. Customs and Border Protection officers to
attain and maintain competency in a foreign language, thereby
improving the efficiency of operations for the functioning of
U.S. Customs and Border Protection's security mission, making
the United States a more welcoming place when foreign travelers
find officers can communicate in their language, and helping to
expedite traveler processing to reduce wait times.
Subtitle <<NOTE: Preclearance Authorization Act of 2015.>> B--
Preclearance Operations
SEC. 811. <<NOTE: 19 USC 4301 note.>> SHORT TITLE.
This subtitle may be cited as the ``Preclearance Authorization Act
of 2015''.
SEC. 812. <<NOTE: 19 USC 4431.>> DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs, the Committee on Finance, the
Committee on Commerce, Science, and Transportation, and
the Committee on Appropriations of the Senate; and
(B) the Committee on Homeland Security, the
Committee on Ways and Means, and the Committee on
Appropriations of the House of Representatives.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 813. <<NOTE: 19 USC 4432.>> ESTABLISHMENT OF PRECLEARANCE
OPERATIONS.
Pursuant to section 629 of the Tariff Act of 1930 (19 U.S.C. 1629)
and section 103(a)(7) of the Immigration and Nationality Act (8 U.S.C.
1103(a)(7)), and provided that an aviation security preclearance
agreement (as defined in section 44901(d)(4)(B) of title 49, United
States Code) is in effect, the Secretary may establish and maintain U.S.
Customs and Border Protection preclearance operations in a foreign
country--
(1) to prevent terrorists, instruments of terrorism, and
other security threats from entering the United States;
(2) to prevent inadmissible persons from entering the United
States;
[[Page 130 STAT. 218]]
(3) to ensure that merchandise destined for the United
States complies with applicable laws;
(4) to ensure the prompt processing of persons eligible to
travel to the United States; and
(5) to accomplish such other objectives as the Secretary
determines are necessary to protect the United States.
SEC. 814. <<NOTE: Agreements. Deadlines. 19 USC 4433.>>
NOTIFICATION AND CERTIFICATION TO
CONGRESS.
(a) Initial Notification.--Not later than 60 days before an
agreement with the government of a foreign country to establish U.S.
Customs and Border Protection preclearance operations in such foreign
country enters into force, the Secretary shall provide the appropriate
congressional committees with--
(1) <<NOTE: Records.>> a copy of the agreement to establish
such preclearance operations, which shall include--
(A) the identification of the foreign country with
which U.S. Customs and Border Protection intends to
enter into a preclearance agreement;
(B) the location at which such preclearance
operations will be conducted; and
(C) the terms and conditions for U.S. Customs and
Border Protection personnel operating at the location;
(2) <<NOTE: Assessment.>> an assessment of the impact such
preclearance operations will have on legitimate trade and
travel, including potential impacts on passengers traveling to
the United States;
(3) <<NOTE: Assessment.>> an assessment of the impacts such
preclearance operations will have on U.S. Customs and Border
Protection domestic port of entry staffing;
(4) country-specific information on the anticipated homeland
security benefits associated with establishing such preclearance
operations;
(5) <<NOTE: Plans.>> information on potential security
vulnerabilities associated with commencing such preclearance
operations and mitigation plans to address such potential
security vulnerabilities;
(6) <<NOTE: Plans.>> a U.S. Customs and Border Protection
staffing model for such preclearance operations and plans for
how such positions would be filled; and
(7) information on the anticipated costs over the 5 fiscal
years after the agreement enters into force associated with
commencing such preclearance operations.
(b) Further Notification Relating to Preclearance Operations
Established at Airports.--Not later than 45 days before an agreement
with the government of a foreign country to establish U.S. Customs and
Border Protection preclearance operations at an airport in such country
enters into force, the Secretary, in addition to complying with the
notification requirements under subsection (a), shall provide the
appropriate congressional committees with--
(1) <<NOTE: Estimate.>> an estimate of the date on which
U.S. Customs and Border Protection intends to establish
preclearance operations under such agreement, including any
pending caveats that must be resolved before preclearance
operations are approved;
(2) the anticipated funding sources for preclearance
operations under such agreement, and other funding sources
considered;
(3) <<NOTE: Assessment.>> a homeland security threat
assessment for the country in which such preclearance operations
are to be established;
[[Page 130 STAT. 219]]
(4) information on potential economic, competitive, and job
impacts on United States air carriers associated with
establishing such preclearance operations;
(5) details on information sharing mechanisms to ensure that
U.S. Customs and Border Protection has current information to
prevent terrorist and criminal travel; and
(6) other factors that the Secretary determines to be
necessary for Congress to comprehensively assess the
appropriateness of commencing such preclearance operations.
(c) Certifications Relating to Preclearance Operations Established
at Airports.--Not later than 60 days before an agreement with the
government of a foreign country to establish U.S. Customs and Border
Protection preclearance operations at an airport in such country enters
into force, the Secretary, in addition to complying with the
notification requirements under subsections (a) and (b), shall provide
the appropriate congressional committees with--
(1) a certification that preclearance operations under such
preclearance agreement, after considering alternative options,
would provide homeland security benefits to the United States
through the most effective means possible;
(2) a certification that preclearance operations within such
foreign country will be established under such agreement only
if--
(A) at least one United States passenger carrier
operates at such airport; and
(B) any United States passenger carriers operating
at such airport and desiring to participate in
preclearance operations are provided access that is
comparable to that of any non-United States passenger
carrier operating at that airport;
(3) a certification that the establishment of preclearance
operations in such foreign country will not significantly
increase customs processing times at United States airports;
(4) a certification that representatives from U.S. Customs
and Border Protection consulted with stakeholders, including
providers of commercial air service in the United States,
employees of such providers, security experts, and such other
parties as the Secretary determines to be appropriate; and
(5) <<NOTE: Reports.>> a report detailing the basis for the
certifications referred to in paragraphs (1) through (4).
(d) Amendment of Existing Agreements.--Not later than 30 days before
a substantially amended preclearance agreement with the government of a
foreign country in effect as of the date of the enactment of this Act
enters into force, the Secretary shall provide to the appropriate
congressional committees--
(1) <<NOTE: Records.>> a copy of the agreement, as amended;
and
(2) the justification for such amendment.
(e) Implementation Plan.--
(1) <<NOTE: Reports.>> In general.--The Commissioner shall
report to the appropriate congressional committees, on a
quarterly basis--
(A) the number of U.S. Customs and Border Protection
officers, by port, assigned from domestic ports of entry
to preclearance operations; and
(B) the number of the positions at domestic ports of
entry vacated by U.S. Customs and Border Protection
officers described in subparagraph (A) that have been
filled
[[Page 130 STAT. 220]]
by other hired, trained, and equipped U.S. Customs and
Border Protection officers.
(2) <<NOTE: Determination.>> Submission.--If the
Commissioner has not filled the positions of U.S. Customs and
Border Protection officers that were reassigned to preclearance
operations and determines that U.S. Customs and Border
Protection processing times at domestic ports of entry from
which U.S. Customs and Border Protection officers were
reassigned to preclearance operations have significantly
increased, the Commissioner, not later than 60 days after making
such a determination, shall submit to the appropriate
congressional committees an implementation plan for reducing
processing times at the domestic ports of entry with such
increased processing times.
(3) Suspension.--If the Commissioner does not submit the
implementation plan described in paragraph (2) to the
appropriate congressional committees before the deadline set
forth in such paragraph, the Commissioner may not commence
preclearance operations at an additional port of entry in any
country until such implementation plan is submitted.
(f) Classified Report.--The report required under subsection (c)(5)
may be submitted in classified form if the Secretary determines that
such form is appropriate.
SEC. 815. PROTOCOLS.
Section 44901(d)(4) of title 49, United States Code, is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) <<NOTE: Determination.>> Rescreening
requirement.--If the Administrator of the Transportation
Security Administration determines that the government
of a foreign country has not maintained security
standards and protocols comparable to those of the
United States at airports at which preclearance
operations have been established in accordance with this
paragraph, the Administrator shall ensure that
Transportation Security Administration personnel
rescreen passengers arriving from such airports and
their property in the United States before such
passengers are permitted into sterile areas of airports
in the United States.''.
SEC. 816. <<NOTE: 19 USC 4434.>> LOST AND STOLEN PASSPORTS.
The Secretary <<NOTE: Certification.>> may not enter into an
agreement with the government of a foreign country to establish or
maintain U.S. Customs and Border Protection preclearance operations at
an airport in such country unless the Secretary certifies to the
appropriate congressional committees that such government--
(1) routinely submits information about lost and stolen
passports of its citizens and nationals to INTERPOL's Stolen and
Lost Travel Document database; or
(2) makes such information available to the United States
Government through another comparable means of reporting.
SEC. 817. <<NOTE: 19 USC 4435.>> RECOVERY OF INITIAL U.S. CUSTOMS
AND BORDER PROTECTION PRECLEARANCE
OPERATIONS COSTS.
(a) Cost Sharing Agreements With Relevant Airport Authorities.--The
Commissioner may enter into a cost sharing
[[Page 130 STAT. 221]]
agreement with airport authorities in foreign countries at which
preclearance operations are to be established or maintained if--
(1) an executive agreement to establish or maintain such
preclearance operations pursuant to the authorities under
section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) and
section 103(a)(7) of the Immigration and Nationality Act (8
U.S.C. 1103(a)(7)) has been signed, but has not yet entered into
force; and
(2) U.S. Customs and Border Protection has incurred, or
expects to incur, initial preclearance operations costs in order
to establish or maintain preclearance operations under the
agreement described in paragraph (1).
(b) Contents of Cost Sharing Agreements.--
(1) In general.--Notwithstanding section 13031(e) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(e)) and section 286(g) of the Immigration and
Nationality Act (8 U.S.C. 1356(g)), any cost sharing agreement
with an airport authority authorized under subsection (a) may
provide for the airport authority's payment to U.S. Customs and
Border Protection of its initial preclearance operations costs.
(2) Timing of payments.--The airport authority's payment to
U.S. Customs and Border Protection for its initial preclearance
operations costs may be made in advance of the incurrence of the
costs or on a reimbursable basis.
(c) Account.--
(1) In general.--All amounts collected pursuant to any cost
sharing agreement authorized under subsection (a)--
(A) shall be credited as offsetting collections to
the currently applicable appropriation, account, or fund
of U.S. Customs and Border Protection;
(B) shall remain available, until expended, for the
purposes for which such appropriation, account, or fund
is authorized to be used; and
(C) may be collected and shall be available only to
the extent provided in appropriations Acts.
(2) Return of unused funds.--Any advances or reimbursements
not used by U.S. Customs and Border Protection may be returned
to the relevant airport authority.
(3) Rule of construction.--Nothing in this subsection may be
construed to preclude the use of appropriated funds from sources
other than the payments collected under this subtitle to pay
initial preclearance operation costs.
(d) Defined Term.--
(1) In general.--In this section, the term ``initial
preclearance operations costs'' means the costs incurred, or
expected to be incurred, by U.S. Customs and Border Protection
to establish or maintain preclearance operations at an airport
in a foreign country, including costs relating to--
(A) hiring, training, and equipping new U.S. Customs
and Border Protection officers who will be stationed at
United States domestic ports of entry or other U.S.
Customs and Border Protection facilities to backfill
U.S. Customs and Border Protection officers to be
stationed at an airport in a foreign country to conduct
preclearance operations; and
[[Page 130 STAT. 222]]
(B) visits to the airport authority conducted by
U.S. Customs and Border Protection personnel necessary
to prepare for the establishment or maintenance of
preclearance operations at such airport, including the
compensation, travel expenses, and allowances payable to
such personnel attributable to such visits.
(2) Exception.--The costs described in paragraph (1)(A)
shall not include the salaries and benefits of new U.S. Customs
and Border Protection officers once such officers are
permanently stationed at a domestic United States port of entry
or other domestic U.S. Customs and Border Protection facility
after being hired, trained, and equipped.
(e) Rule of Construction.--Except as otherwise provided in this
section, nothing in this section may be construed as affecting the
responsibilities, duties, or authorities of U.S. Customs and Border
Protection.
SEC. 818. COLLECTION AND DISPOSITION OF FUNDS COLLECTED FOR
IMMIGRATION INSPECTION SERVICES AND
PRECLEARANCE ACTIVITIES.
(a) Immigration and Nationality Act.--Section 286(i) of the
Immigration and Nationality Act (8 U.S.C. 1356(i)) is amended by
striking the last sentence and inserting the following: ``Reimbursements
under this subsection may be collected in advance of the provision of
such immigration inspection services. Notwithstanding subsection
(h)(1)(B), and only to the extent provided in appropriations Acts, any
amounts collected under this subsection shall be credited as offsetting
collections to the currently applicable appropriation, account, or fund
of U.S. Customs and Border Protection, remain available until expended,
and be available for the purposes for which such appropriation, account,
or fund is authorized to be used.''.
(b) Farm Security and Rural Investment Act of 2002.--Section
10412(b) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8311(b)) is amended to read as follows:
``(b) Funds Collected for Preclearance.--Funds collected for
preclearance activities--
``(1) may be collected in advance of the provision of such
activities;
``(2) shall be credited as offsetting collections to the
currently applicable appropriation, account, or fund of U.S.
Customs and Border Protection;
``(3) shall remain available until expended;
``(4) shall be available for the purposes for which such
appropriation, account, or fund is authorized to be used; and
``(5) may be collected and shall be available only to the
extent provided in appropriations Acts.''.
SEC. 819. <<NOTE: 19 USC 4436.>> APPLICATION TO NEW AND EXISTING
PRECLEARANCE OPERATIONS.
Except for sections 814(d), 815, 817, and 818, this subtitle shall
only apply to the establishment of preclearance operations in a foreign
country in which no preclearance operations have been established as of
the date of the enactment of this Act.
[[Page 130 STAT. 223]]
TITLE IX--MISCELLANEOUS PROVISIONS
SEC. 901. DE MINIMIS VALUE.
(a) Findings.--Congress makes the following findings:
(1) Modernizing international customs is critical for United
States businesses of all sizes, consumers in the United States,
and the economic growth of the United States.
(2) Higher thresholds for the value of articles that may be
entered informally and free of duty provide significant economic
benefits to businesses and consumers in the United States and
the economy of the United States through costs savings and
reductions in trade transaction costs.
(b) Sense of Congress.--It is the sense of Congress that the United
States Trade Representative should encourage other countries, through
bilateral, regional, and multilateral fora, to establish commercially
meaningful de minimis values for express and postal shipments that are
exempt from customs duties and taxes and from certain entry
documentation requirements, as appropriate.
(c) De Minimis Value.--Section 321(a)(2)(C) of the Tariff Act of
1930 (19 U.S.C. 1321(a)(2)(C)) is amended by striking ``$200'' and
inserting ``$800''.
(d) <<NOTE: Applicability. 19 USC 1321 note.>> Effective Date.--The
amendment made by subsection (c) shall apply with respect to articles
entered, or withdrawn from warehouse for consumption, on or after the
15th day after the date of the enactment of this Act.
SEC. 902. <<NOTE: Deadlines.>> CONSULTATION ON TRADE AND CUSTOMS
REVENUE FUNCTIONS.
Section 401(c) of the Security and Accountability For Every Port Act
of 2006 (6 U.S.C. 115(c)) is amended--
(1) in paragraph (1), by striking ``on Department policies
and actions that have'' and inserting ``not later than 30 days
after proposing, and not later than 30 days before finalizing,
any Department policies, initiatives, or actions that will
have''; and
(2) in paragraph (2)(A), by striking ``not later than 30
days prior to the finalization of'' and inserting ``not later
than 60 days before proposing, and not later than 60 days before
finalizing,''.
SEC. 903. PENALTIES FOR CUSTOMS BROKERS.
(a) In General.--Section 641(d)(1) of the Tariff Act of 1930 (19
U.S.C. 1641(d)(1)) is amended--
(1) in subparagraph (E), by striking ``; or'' and inserting
a semicolon;
(2) in subparagraph (F), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(G) has been convicted of committing or conspiring
to commit an act of terrorism described in section 2332b
of title 18, United States Code.''.
(b) Technical Amendments.--Section 641 of the Tariff Act of 1930 (19
U.S.C. 1641) is amended--
[[Page 130 STAT. 224]]
(1) by striking ``the Customs Service'' each place it
appears and inserting ``U.S. Customs and Border Protection'';
(2) in subsection (d)(2)(B), by striking ``The Customs
Service'' and inserting ``U.S. Customs and Border Protection'';
and
(3) in subsection (g)(2)(B), by striking ``Secretary's
notice'' and inserting ``notice under subparagraph (A)''.
SEC. 904. AMENDMENTS TO CHAPTER 98 OF THE HARMONIZED TARIFF
SCHEDULE OF THE UNITED STATES.
(a) Articles Exported and Returned, Advanced or Improved Abroad.--
(1) In general.--U.S. Note 3 to subchapter II of chapter 98
of the Harmonized Tariff Schedule of the United States is
amended by adding at the end the following:
``(f)(1) For purposes of subheadings 9802.00.40 and 9802.00.50,
fungible articles exported from the United States for the purposes
described in such subheadings--
``(A) may be commingled; and
``(B) the origin, value, and classification of such articles
may be accounted for using an inventory management method.
``(2) If a person chooses to use an inventory management method
under this paragraph with respect to fungible articles, the person shall
use the same inventory management method for any other articles with
respect to which the person claims fungibility under this paragraph.
``(3) <<NOTE: Definitions.>> For the purposes of this paragraph--
``(A) the term `fungible articles' means merchandise or
articles that, for commercial purposes, are identical or
interchangeable in all situations; and
``(B) the term `inventory management method' means any
method for managing inventory that is based on generally
accepted accounting principles.''.
(2) <<NOTE: Applicability.>> Effective date.--The amendment
made by this subsection applies to articles classifiable under
subheading 9802.00.40 or 9802.00.50 of the Harmonized Tariff
Schedule of the United States that are entered, or withdrawn
from warehouse for consumption, on or after the date that is 60
days after the date of the enactment of this Act.
(b) Modification of Provisions Relating to Returned Property.--
(1) In general.--The article description for heading
9801.00.10 of the Harmonized Tariff Schedule of the United
States is amended by inserting after ``exported'' the following:
``, or any other products when returned within 3 years after
having been exported''.
(2) <<NOTE: Applicability.>> Effective date.--The amendment
made by paragraph (1) applies to articles entered, or withdrawn
from warehouse for consumption, on or after the date that is 60
days after the date of the enactment of this Act.
(c) Duty-Free Treatment for Certain United States Government
Property Returned to the United States.--
(1) In general.--Subchapter I of chapter 98 of the
Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:
[[Page 130 STAT. 225]]
`` 9801.00.11 United States Free ............... ............... ............... ''.
Government
property,
returned to the
United States
without having
been advanced in
value or improved
in condition by
any means while
abroad, entered
by the United
States Government
or a contractor
to the United
States
Government, and
certified by the
importer as
United States
Government
property.........
(2) <<NOTE: Applicability.>> Effective date.--The amendment
made by paragraph (1) applies to goods entered, or withdrawn
from warehouse for consumption, on or after the date that is 60
days after the date of the enactment of this Act.
SEC. 905. EXEMPTION FROM DUTY OF RESIDUE OF BULK CARGO CONTAINED
IN INSTRUMENTS OF INTERNATIONAL TRAFFIC
PREVIOUSLY EXPORTED FROM THE UNITED
STATES.
(a) In General.--General Note 3(e) of the Harmonized Tariff Schedule
of the United States is amended--
(1) in subparagraph (v), by striking ``and'' at the end;
(2) in subparagraph (vi), by adding ``and'' at the end;
(3) by inserting after subparagraph (vi) (as so amended) the
following new subparagraph:
``(vii) residue of bulk cargo contained in
instruments of international traffic previously exported
from the United States,''; and
(4) <<NOTE: Definitions.>> by adding at the end of the
flush text following subparagraph (vii) (as so added) the
following: ``For purposes of subparagraph (vii) of this
paragraph: The term `residue' means material of bulk cargo that
remains in an instrument of international traffic after the bulk
cargo is removed, with a quantity, by weight or volume, not
exceeding 7 percent of the bulk cargo, and with no or de minimis
value. The term `bulk cargo' means cargo that is unpackaged and
is in either solid, liquid, or gaseous form. The term
`instruments of international traffic' means containers or
holders, capable of and suitable for repeated use, such as lift
vans, cargo vans, shipping tanks, skids, pallets, caul boards,
and cores for textile fabrics, arriving (whether loaded or
empty) in use or to be used in the shipment of merchandise in
international traffic, and any additional articles or classes of
articles that the Commissioner of U.S. Customs and Border
Protection designates as instruments of international
traffic.''.
(b) <<NOTE: Applicability.>> Effective Date.--The amendments made
by subsection (a) take effect on the date of the enactment of this Act
and apply with respect to residue of bulk cargo contained in instruments
of international traffic that are imported into the customs territory of
the United States on or after such date of enactment and that previously
have been exported from the United States.
[[Page 130 STAT. 226]]
SEC. 906. DRAWBACK AND REFUNDS.
(a) Articles Made From Imported Merchandise.--Section 313(a) of the
Tariff Act of 1930 (19 U.S.C. 1313(a)) is amended by striking ``the full
amount of the duties paid upon the merchandise so used shall be refunded
as drawback, less 1 per centum of such duties, except that such'' and
inserting ``an amount calculated pursuant to regulations prescribed by
the Secretary of the Treasury under subsection (l) shall be refunded as
drawback, except that''.
(b) Substitution for Drawback Purposes.--Section 313(b) of the
Tariff Act of 1930 (19 U.S.C. 1313(b)) is amended--
(1) by striking ``If imported'' and inserting the following:
``(1) In general.--If imported'';
(2) by striking ``and any other merchandise (whether
imported or domestic) of the same kind and quality are'' and
inserting ``or merchandise classifiable under the same 8-digit
HTS subheading number as such imported merchandise is'';
(3) by striking ``three years'' and inserting ``5 years'';
(4) by striking ``the receipt of such imported merchandise
by the manufacturer or producer of such articles'' and inserting
``the date of importation of such imported merchandise'';
(5) by striking ``an amount of drawback equal to'' and all
that follows through the end period and inserting ``an amount
calculated pursuant to regulations prescribed by the Secretary
of the Treasury under subsection (l), but only if those articles
have not been used prior to such exportation or destruction.'';
and
(6) by adding at the end the following:
``(2) Requirements relating to transfer of merchandise.--
``(A) Manufacturers and producers.--Drawback shall
be allowed under paragraph (1) with respect to an
article manufactured or produced using imported
merchandise or other merchandise classifiable under the
same 8-digit HTS subheading number as such imported
merchandise only if the manufacturer or producer of the
article received such imported merchandise or such other
merchandise, directly or indirectly, from the importer.
``(B) Exporters and destroyers.--Drawback shall be
allowed under paragraph (1) with respect to a
manufactured or produced article that is exported or
destroyed only if the exporter or destroyer received
that article, directly or indirectly, from the
manufacturer or producer.
``(C) Evidence of transfer.--Transfers of
merchandise under subparagraph (A) and transfers of
articles under subparagraph (B) may be evidenced by
business records kept in the normal course of business
and no additional certificates of transfer or
manufacture shall be required.
``(3) Submission of bill of materials or formula.--
``(A) In general.--Drawback shall be allowed under
paragraph (1) with respect to an article manufactured or
produced using imported merchandise or other merchandise
classifiable under the same 8-digit HTS subheading
number as such imported merchandise only if the person
making the drawback claim submits with the claim a bill
of materials or formula identifying the merchandise and
article by the 8-digit HTS subheading number and the
quantity of the merchandise.
[[Page 130 STAT. 227]]
``(B) Bill of materials and formula defined.--In
this paragraph, the terms `bill of materials' and
`formula' mean records kept in the normal course of
business that identify each component incorporated into
a manufactured or produced article or that identify the
quantity of each element, material, chemical, mixture,
or other substance incorporated into a manufactured
article.
``(4) Special rule for sought chemical elements.--
``(A) In general.--For purposes of paragraph (1), a
sought chemical element may be--
``(i) considered imported merchandise, or
merchandise classifiable under the same 8-digit
HTS subheading number as such imported
merchandise, used in the manufacture or production
of an article as described in paragraph (1); and
``(ii) substituted for source material
containing that sought chemical element, without
regard to whether the sought chemical element and
the source material are classifiable under the
same 8-digit HTS subheading number, and
apportioned quantitatively, as appropriate.
``(B) Sought chemical element defined.--In this
paragraph, the term `sought chemical element' means an
element listed in the Periodic Table of Elements that is
imported into the United States or a chemical compound
consisting of those elements, either separately in
elemental form or contained in source material.''.
(c) Merchandise Not Conforming to Sample or Specifications.--Section
313(c) of the Tariff Act of 1930 (19 U.S.C. 1313(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C)(ii), by striking ``under a
certificate of delivery'' each place it appears;
(B) in subparagraph (D)--
(i) by striking ``3'' and inserting ``5''; and
(ii) by striking ``the Customs Service'' and
inserting ``U.S. Customs and Border Protection'';
and
(C) in the flush text at the end, by striking ``the
full amount of the duties paid upon such merchandise,
less 1 percent,'' and inserting ``an amount calculated
pursuant to regulations prescribed by the Secretary of
the Treasury under subsection (l)'';
(2) in paragraph (2), by striking ``the Customs Service''
and inserting ``U.S. Customs and Border Protection''; and
(3) by amending paragraph (3) to read as follows:
``(3) Evidence of transfers.--Transfers of merchandise under
paragraph (1) may be evidenced by business records kept in the
normal course of business and no additional certificates of
transfer shall be required.''.
(d) Proof of Exportation.--Section 313(i) of the Tariff Act of 1930
(19 U.S.C. 1313(i)) is amended to read as follows:
``(i) Proof of Exportation.--A person claiming drawback under this
section based on the exportation of an article shall provide proof of
the exportation of the article. Such proof of exportation--
``(1) shall establish fully the date and fact of exportation
and the identity of the exporter; and
[[Page 130 STAT. 228]]
``(2) <<NOTE: Records.>> may be established through the use
of records kept in the normal course of business or through an
electronic export system of the United States Government, as
determined by the Commissioner of U.S. Customs and Border
Protection.''.
(e) Unused Merchandise Drawback.--Section 313(j) of the Tariff Act
of 1930 (19 U.S.C. 1313(j)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), in the matter preceding
clause (i)--
(i) by striking ``3-year'' and inserting ``5-
year''; and
(ii) by inserting ``and before the drawback
claim is filed'' after ``the date of
importation''; and
(B) in the flush text at the end, by striking ``99
percent of the amount of each duty, tax, or fee so
paid'' and inserting ``an amount calculated pursuant to
regulations prescribed by the Secretary of the Treasury
under subsection (l)'';
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by
striking ``paragraph (4)'' and inserting ``paragraphs
(4), (5), and (6)'';
(B) in subparagraph (A), by striking ``commercially
interchangeable with'' and inserting ``classifiable
under the same 8-digit HTS subheading number as'';
(C) in subparagraph (B)--
(i) by striking ``3-year'' and inserting ``5-
year''; and
(ii) by inserting ``and before the drawback
claim is filed'' after ``the imported
merchandise'';
(D) in subparagraph (C)(ii), by striking subclause
(II) and inserting the following:
``(II) received the imported
merchandise, other merchandise
classifiable under the same 8-digit HTS
subheading number as such imported
merchandise, or any combination of such
imported merchandise and such other
merchandise, directly or indirectly from
the person who imported and paid any
duties, taxes, and fees imposed under
Federal law upon importation or entry
and due on the imported merchandise (and
any such transferred merchandise,
regardless of its origin, will be
treated as the imported merchandise and
any retained merchandise will be treated
as domestic merchandise);''; and
(E) in the flush text at the end--
(i) by striking ``the amount of each such
duty, tax, and fee'' and all that follows through
``99 percent of that duty, tax, or fee'' and
inserting ``an amount calculated pursuant to
regulations prescribed by the Secretary of the
Treasury under subsection (l) shall be refunded as
drawback''; and
(ii) by striking the last sentence and
inserting the following: ``Notwithstanding
subparagraph (A), drawback shall be allowed under
this paragraph with respect to wine if the
imported wine and the exported wine are of the
same color and the price variation between the
imported wine and the exported wine does not
exceed 50 percent. <<NOTE: Records.>> Transfers
of merchandise
[[Page 130 STAT. 229]]
may be evidenced by business records kept in the
normal course of business and no additional
certificates of transfer shall be required.'';
(3) in paragraph (3)(B), by striking ``the commercially
interchangeable merchandise'' and inserting ``merchandise
classifiable under the same 8-digit HTS subheading number as
such imported merchandise''; and
(4) by adding at the end the following:
``(5)(A) For purposes of paragraph (2) and except as
provided in subparagraph (B), merchandise may not be substituted
for imported merchandise for drawback purposes based on the 8-
digit HTS subheading number if the article description for the
8-digit HTS subheading number under which the imported
merchandise is classified begins with the term `other'.
``(B) In cases described in subparagraph (A), merchandise
may be substituted for imported merchandise for drawback
purposes if--
``(i) the other merchandise and such imported
merchandise are classifiable under the same 10-digit HTS
statistical reporting number; and
``(ii) the article description for that 10-digit HTS
statistical reporting number does not begin with the
term `other'.
``(6)(A) For purposes of paragraph (2), a drawback claimant
may use the first 8 digits of the 10-digit Schedule B number for
merchandise or an article to determine if the merchandise or
article is classifiable under the same 8-digit HTS subheading
number as the imported merchandise, without regard to whether
the Schedule B number corresponds to more than one 8-digit HTS
subheading number.
``(B) <<NOTE: Definition.>> In this paragraph, the term
`Schedule B' means the Department of Commerce Schedule B,
Statistical Classification of Domestic and Foreign Commodities
Exported from the United States.''.
(f) Liability for Drawback Claims.--Section 313(k) of the Tariff Act
of 1930 (19 U.S.C. 1313(k)) is amended to read as follows:
``(k) Liability for Drawback Claims.--
``(1) In general.--Any person making a claim for drawback
under this section shall be liable for the full amount of the
drawback claimed.
``(2) Liability of importers.--An importer shall be liable
for any drawback claim made by another person with respect to
merchandise imported by the importer in an amount equal to the
lesser of--
``(A) the amount of duties, taxes, and fees that the
person claimed with respect to the imported merchandise;
or
``(B) the amount of duties, taxes, and fees that the
importer authorized the other person to claim with
respect to the imported merchandise.
``(3) Joint and several liability.--Persons described in
paragraphs (1) and (2) shall be jointly and severally liable for
the amount described in paragraph (2).''.
(g) Regulations.--Section 313(l) of the Tariff Act of 1930 (19
U.S.C. 1313(l)) is amended to read as follows:
``(l) Regulations.--
[[Page 130 STAT. 230]]
``(1) In general.--Allowance of the privileges provided for
in this section shall be subject to compliance with such rules
and regulations as the Secretary of the Treasury shall
prescribe.
``(2) Calculation of drawback.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than the date that is 2 years after the date of the
enactment of the Trade Facilitation and Trade
Enforcement Act of 2015, the Secretary shall prescribe
regulations for determining the calculation of amounts
refunded as drawback under this section.
``(B) Claims with respect to unused merchandise.--
The regulations required by subparagraph (A) for
determining the calculation of amounts refunded as
drawback under this section shall provide for a refund
of equal to 99 percent of the duties, taxes, and fees
paid on the imported merchandise, which were imposed
under Federal law upon entry or importation of the
imported merchandise, and may require the claim to be
based upon the average per unit duties, taxes, and fees
as reported on the entry summary line item or, if not
reported on the entry summary line item, as otherwise
allocated by U.S. Customs and Border Protection, except
that where there is substitution of the merchandise,
then--
``(i) in the case of an article that is
exported, the amount of the refund shall be equal
to 99 percent of the lesser of--
``(I) the amount of duties, taxes,
and fees paid with respect to the
imported merchandise; or
``(II) the amount of duties, taxes,
and fees that would apply to the
exported article if the exported article
were imported; and
``(ii) in the case of an article that is
destroyed, the amount of the refund shall be an
amount that is--
``(I) equal to 99 percent of the
lesser of--
``(aa) the amount of duties,
taxes, and fees paid with
respect to the imported
merchandise; and
``(bb) the amount of duties,
taxes, and fees that would apply
to the destroyed article if the
destroyed article were imported;
and
``(II) reduced by the value of
materials recovered during destruction
as provided in subsection (x).
``(C) Claims with respect to manufactured articles
into which imported or substitute merchandise is
incorporated.--The regulations required by subparagraph
(A) for determining the calculation of amounts refunded
as drawback under this section shall provide for a
refund of equal to 99 percent of the duties, taxes, and
fees paid on the imported merchandise incorporated into
an article that is exported or destroyed, which were
imposed under Federal law upon entry or importation of
the imported merchandise incorporated into an article
that is exported or destroyed, and may require the claim
to be based upon the average per unit duties, taxes, and
fees as reported on the entry summary line item, or if
not reported on the entry summary line item, as
otherwise allocated by
[[Page 130 STAT. 231]]
U.S. Customs and Border Protection, except that where
there is substitution of the imported merchandise,
then--
``(i) in the case of an article that is
exported, the amount of the refund shall be equal
to 99 percent of the lesser of--
``(I) the amount of duties, taxes,
and fees paid with respect to the
imported merchandise; or
``(II) the amount of duties, taxes,
and fees that would apply to the
substituted merchandise if the
substituted merchandise were imported;
and
``(ii) in the case of an article that is
destroyed, the amount of the refund shall be an
amount that is--
``(I) equal to 99 percent of the
lesser of--
``(aa) the amount of duties,
taxes, and fees paid with
respect to the imported
merchandise; and
``(bb) the amount of duties,
taxes, and fees that would apply
to the substituted merchandise
if the substituted merchandise
were imported; and
``(II) reduced by the value of
materials recovered during destruction
as provided in subsection (x).
``(D) Exceptions.--The calculations set forth in
subparagraphs (B) and (C) shall not apply to claims for
wine based on subsection (j)(2) and claims based on
subsection (p) and instead--
``(i) for any drawback claim for wine based on
subsection (j)(2), the amount of the refund shall
be equal to 99 percent of the duties, taxes, and
fees paid with respect to the imported
merchandise, without regard to the limitations in
subparagraphs (B)(i) and (B)(ii); and
``(ii) for any drawback claim based on
subsection (p), the amount of the refund shall be
subject to the limitations set out in paragraph
(4) of that subsection and without regard to
subparagraph (B)(i), (B)(ii), (C)(i), or (C)(ii).
``(3) Status reports on regulations.--Not later than the
date that is one year after the date of the enactment of the
Trade Facilitation and Trade Enforcement Act of 2015, and
annually thereafter until the regulations required by paragraph
(2) are final, the Secretary shall submit to Congress a report
on the status of those regulations.''.
(h) Substitution of Finished Petroleum Derivatives.--Section 313(p)
of the Tariff Act of 1930 (19 U.S.C. 1313(p)) is amended--
(1) by striking ``Harmonized Tariff Schedule of the United
States'' each place it appears and inserting ``HTS''; and
(2) in paragraph (3)(A)--
(A) in clause (ii)(III), by striking ``, as so
certified in a certificate of delivery or certificate of
manufacture and delivery''; and
(B) in the flush text at the end--
[[Page 130 STAT. 232]]
(i) by striking ``, so designated on the
certificate of delivery or certificate of
manufacture and delivery''; and
(ii) by striking the last sentence and
inserting the following: <<NOTE: Records.>> ``The
party transferring the merchandise shall maintain
records kept in the normal course of business to
demonstrate the transfer.''.
(i) Packaging Material.--Section 313(q) of the Tariff Act of 1930
(19 U.S.C. 1313(q)) is amended--
(1) in paragraph (1), by striking ``of 99 percent of any
duty, tax, or fee imposed under Federal law on such imported
material'' and inserting ``in an amount calculated pursuant to
regulations prescribed by the Secretary of the Treasury under
subsection (l)'';
(2) in paragraph (2), by striking ``of 99 percent of any
duty, tax, or fee imposed under Federal law on the imported or
substituted merchandise used to manufacture or produce such
material'' and inserting ``in an amount calculated pursuant to
regulations prescribed by the Secretary of the Treasury under
subsection (l)''; and
(3) in paragraph (3), by striking ``they contain'' each
place it appears and inserting ``it contains''.
(j) Filing of Drawback Claims.--Section 313(r) of the Tariff Act of
1930 (19 U.S.C. 1313(r)) is amended--
(1) in paragraph (1)--
(A) by striking the first sentence and inserting the
following: ``A drawback entry shall be filed or applied
for, as applicable, not later than 5 years after the
date on which merchandise on which drawback is claimed
was imported.'';
(B) in the second sentence, by striking ``3-year''
and inserting ``5-year''; and
(C) in the third sentence, by striking ``the Customs
Service'' and inserting ``U.S. Customs and Border
Protection'';
(2) in paragraph (3)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by
striking ``The Customs Service'' and inserting
``U.S. Customs and Border Protection'';
(ii) in clauses (i) and (ii), by striking
``the Customs Service'' each place it appears and
inserting ``U.S. Customs and Border Protection'';
and
(iii) in clause (ii)(I), by striking ``3-
year'' and inserting ``5-year''; and
(B) in subparagraph (B), by striking ``the periods
of time for retaining records set forth in subsection
(t) of this section and'' and inserting ``the period of
time for retaining records set forth in''; and
(3) by adding at the end the following:
``(4) <<NOTE: Electronic filing.>> All drawback claims
filed on and after the date that is 2 years after the date of
the enactment of the Trade Facilitation and Trade Enforcement
Act of 2015 shall be filed electronically.''.
(k) Designation of Merchandise by Successor.--Section 313(s) of the
Tariff Act of 1930 (19 U.S.C. 1313(s)) is amended--
[[Page 130 STAT. 233]]
(1) in paragraph (2), by striking subparagraph (B) and
inserting the following:
``(B) subject to paragraphs (5) and (6) of
subsection (j), imported merchandise, other merchandise
classifiable under the same 8-digit HTS subheading
number as such imported merchandise, or any combination
of such imported merchandise and such other merchandise,
that the predecessor received, before the date of
succession, from the person who imported and paid any
duties, taxes, and fees due on the imported
merchandise;''; and
(2) in paragraph (4), by striking ``certifies that'' and all
that follows and inserting ``certifies that the transferred
merchandise was not and will not be claimed by the
predecessor.''.
(l) Drawback Certificates.--Section 313 of the Tariff Act of 1930
(19 U.S.C. 1313) is amended by striking subsection (t).
(m) Drawback for Recovered Materials.--Section 313(x) of the Tariff
Act of 1930 (19 U.S.C. 1313(x)) is amended by striking ``and (c)'' and
inserting ``(c), and (j)''.
(n) Definitions.--Section 313 of the Tariff Act of 1930 (19 U.S.C.
1313) is amended by adding at the end the following:
``(z) Definitions.--In this section:
``(1) Directly.--The term `directly' means a transfer of
merchandise or an article from one person to another person
without any intermediate transfer.
``(2) HTS.--The term `HTS' means the Harmonized Tariff
Schedule of the United States.
``(3) Indirectly.--The term `indirectly' means a transfer of
merchandise or an article from one person to another person with
one or more intermediate transfers.''.
(o) Recordkeeping.--Section 508(c)(3) of the Tariff Act of 1930 (19
U.S.C. 1508(c)(3)) is amended by striking ``payment'' and inserting
``liquidation''.
(p) Government Accountability Office Report.--
(1) In general.--Not later than one year after the issuance
of the regulations required by subsection (l)(2) of section 313
of the Tariff Act of 1930, as added by subsection (g) of this
section, the Comptroller General of the United States shall
submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a
report on the modernization of drawback and refunds under
section 313 of the Tariff Act of 1930, as amended by this
section.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) <<NOTE: Assessment.>> An assessment of the
modernization of drawback and refunds under section 313
of the Tariff Act of 1930, as amended by this section.
(B) A description of drawback claims that were
permissible before the effective date provided for in
subsection (q) that are not permissible after that
effective date and an identification of industries most
affected.
(C) A description of drawback claims that were not
permissible before the effective date provided for in
subsection (q) that are permissible after that effective
date and an identification of industries most affected.
(q) <<NOTE: 19 USC 1313 note.>> Effective Date.--
[[Page 130 STAT. 234]]
(1) In general.--The amendments made by this section shall--
(A) take effect on the date of the enactment of this
Act; and
(B) <<NOTE: Applicability.>> except as provided in
paragraph (3), apply to drawback claims filed on or
after the date that is 2 years after such date of
enactment.
(2) Reporting of operability of automated commercial
environment computer system.--Not later than one year after the
date of the enactment of this Act, and not later than 2 years
after such date of enactment, the Secretary of the Treasury
shall submit to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives a
report on--
(A) the date on which the Automated Commercial
Environment will be ready to process drawback claims;
and
(B) the date on which the Automated Export System
will be ready to accept proof of exportation under
subsection (i) of section 313 of the Tariff Act of 1930,
as amended by subsection (d) of this section.
(3) <<NOTE: Time period.>> Transition rule.--During the
one-year period beginning on the date that is 2 years after the
date of the enactment of this Act, a person may elect to file a
claim for drawback under--
(A) section 313 of the Tariff Act of 1930, as
amended by this section; or
(B) section 313 of the Tariff Act of 1930, as in
effect on the day before the date of the enactment of
this Act.
SEC. 907. <<NOTE: 19 USC 4451.>> REPORT ON CERTAIN U.S. CUSTOMS
AND BORDER PROTECTION AGREEMENTS.
(a) In General.--Not later than one year after entering into an
agreement under a program specified in subsection (b), and annually
thereafter until the termination of the program, the Commissioner shall
submit to the Committee on Finance and the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Ways and Means and the Committee on Homeland Security of the House of
Representatives a report that includes the following:
(1) A description of the development of the program,
including an identification of the authority under which the
program operates.
(2) A description of the type of entity with which U.S.
Customs and Border Protection entered into the agreement and the
amount that entity reimbursed U.S. Customs and Border Protection
under the agreement.
(3) An identification of the type of port of entry to which
the agreement relates and an assessment of how the agreement
provides economic benefits and security benefits (if applicable)
at the port of entry.
(4) A description of the services provided by U.S. Customs
and Border Protection under the agreement during the year
preceding the submission of the report.
(5) The amount of fees collected under the agreement during
that year.
[[Page 130 STAT. 235]]
(6) The total operating expenses of the program during that
year.
(7) A detailed accounting of how the fees collected under
the agreement have been spent during that year.
(8) <<NOTE: Summary.>> A summary of any complaints or
criticism received by U.S. Customs and Border Protection during
that year regarding the agreement.
(9) <<NOTE: Assessment.>> An assessment of the compliance
of the entity described in paragraph (2) with the terms of the
agreement.
(10) <<NOTE: Recommenda- tions.>> Recommendations with
respect to how activities conducted pursuant to the agreement
could function more effectively or better produce economic
benefits and security benefits (if applicable).
(11) <<NOTE: Summary.>> A summary of the benefits to and
challenges faced by U.S. Customs and Border Protection and the
entity described in paragraph (2) under the agreement.
(12) If the entity described in paragraph (2) is an operator
of an airport--
(A) a detailed account of the revenue collected by
U.S. Customs and Border Protection at the airport from--
(i) fees collected under the agreement; and
(ii) fees collected from sources other than
under the agreement, including fees paid by
passengers and air carriers; and
(B) <<NOTE: Assessment.>> an assessment of the
revenue described in subparagraph (A) compared with the
operating costs of U.S. Customs and Border Protection at
the airport.
(b) Program Specified.--A program specified in this subsection is--
(1) the program for entering into reimbursable fee
agreements for the provision of U.S. Customs and Border
Protection services established by section 560 of the Department
of Homeland Security Appropriations Act, 2013 (division D of
Public Law 113-6; 127 Stat. 378);
(2) the pilot program authorizing U.S. Customs and Border
Protection to enter into partnerships with private sector and
government entities at ports of entry established by section 559
of the Department of Homeland Security Appropriations Act, 2014
(division F of Public Law 113-76; 6 U.S.C. 211 note);
(3) the program under which U.S. Customs and Border
Protection collects a fee for the use of customs services at
designated facilities under section 236 of the Trade and Tariff
Act of 1984 (19 U.S.C. 58b); or
(4) the program established by subtitle B of title VIII of
this Act authorizing U.S. Customs and Border Protection to
establish preclearance operations in foreign countries.
SEC. 908. CHARTER FLIGHTS.
Section 13031(e)(1) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) is amended--
(1) by striking ``(1) Notwithstanding section 451 of the
Tariff Act of 1930 (19 U.S.C. 1451) or any other provision of
law (other than paragraph (2))'' and inserting the following:
``(1)(A) Notwithstanding section 451 of the Tariff Act of 1930 (19
U.S.C. 1451) or any other provision of law (other than subparagraph (B)
and paragraph (2))''; and
[[Page 130 STAT. 236]]
(2) by adding at the end the following:
``(B)(i) An appropriate officer of U.S. Customs and Border
Protection may assign a sufficient number of employees of U.S. Customs
and Border Protection (if available) to perform services described in
clause (ii) for a charter air carrier (as defined in section 40102 of
title 49, United States Code) for a charter flight arriving after normal
operating hours at an airport that is an established port of entry
serviced by U.S. Customs and Border Protection, notwithstanding that
overtime funds for those services are not available, if the charter air
carrier--
``(I) <<NOTE: Deadline.>> not later than 4 hours before the
flight arrives, specifically requests that such services be
provided; and
``(II) pays any overtime fees incurred in connection with
such services.
``(ii) Services described in this clause are customs services for
passengers and their baggage or any other similar service that could
lawfully be performed during regular hours of operation.''.
SEC. 909. <<NOTE: 19 USC 4452.>> UNITED STATES-ISRAEL TRADE AND
COMMERCIAL ENHANCEMENT.
(a) Findings.--Congress finds the following:
(1) Israel is America's dependable, democratic ally in the
Middle East--an area of paramount strategic importance to the
United States.
(2) The United States-Israel Free Trade Agreement formed the
modern foundation of the bilateral commercial relationship
between the two countries and was the first such agreement
signed by the United States with a foreign country.
(3) The United States-Israel Free Trade Agreement has been
instrumental in expanding commerce and the strategic
relationship between the United States and Israel.
(4) More than $45,000,000,000 in goods and services is
traded annually between the two countries, in addition to
roughly $10,000,000,000 in United States foreign direct
investment in Israel.
(5) The United States continues to look for and find new
opportunities to enhance cooperation with Israel, including
through the enactment of the United States-Israel Enhanced
Security Cooperation Act of 2012 (Public Law 112-150; 22 U.S.C.
8601 et seq.) and the United States-Israel Strategic Partnership
Act of 2014 (Public Law 113-296; 128 Stat. 4075).
(6) It has been the policy of the United States Government
to combat all elements of the Arab League Boycott of Israel by--
(A) public statements of Administration officials;
(B) enactment of relevant sections of the Export
Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as
continued in effect pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)),
including sections to ensure foreign persons comply with
applicable reporting requirements relating to the
Boycott;
(C) enactment of the Tax Reform Act of 1976 (Public
Law 94-455; 90 Stat. 1520) that denies certain tax
benefits to entities abiding by the Boycott;
(D) ensuring through free trade agreements with
Bahrain and Oman that such countries no longer
participate in the Boycott; and
[[Page 130 STAT. 237]]
(E) ensuring as a condition of membership in the
World Trade Organization that Saudi Arabia no longer
enforces the secondary or tertiary elements of the
Boycott.
(b) Statements of Policy.--Congress--
(1) supports the strengthening of economic cooperation
between the United States and Israel and recognizes the
tremendous strategic, economic, and technological value of
cooperation with Israel;
(2) recognizes the benefit of cooperation with Israel to
United States companies, including by improving American
competitiveness in global markets;
(3) recognizes the importance of trade and commercial
relations to the pursuit and sustainability of peace, and
supports efforts to bring together the United States, Israel,
the Palestinian territories, and others in enhanced commerce;
(4) opposes politically motivated actions that penalize or
otherwise limit commercial relations specifically with Israel,
such as boycotts of, divestment from, or sanctions against
Israel;
(5) notes that boycotts of, divestment from, and sanctions
against Israel by governments, governmental bodies, quasi-
governmental bodies, international organizations, and other such
entities are contrary to principle of nondiscrimination under
the GATT 1994 (as defined in section 2(1)(B) of the Uruguay
Round Agreements Act (19 U.S.C. 3501(1)(B)));
(6) encourages the inclusion of politically motivated
actions that penalize or otherwise limit commercial relations
specifically with Israel such as boycotts of, divestment from,
or sanctions against Israel as a topic of discussion at the
U.S.-Israel Joint Economic Development Group (JEDG) to support
the strengthening of the United States-Israel commercial
relationship and combat any commercial discrimination against
Israel; and
(7) supports efforts to prevent investigations or
prosecutions by governments or international organizations of
United States persons solely on the basis of such persons doing
business with Israel, with Israeli entities, or in any territory
controlled by Israel.
(c) Principal Trade Negotiating Objectives of the United States.--
(1) Commercial partnerships.--Among the principal trade
negotiating objectives of the United States for proposed trade
agreements with foreign countries regarding commercial
partnerships are the following:
(A) To discourage actions by potential trading
partners that directly or indirectly prejudice or
otherwise discourage commercial activity solely between
the United States and Israel.
(B) To discourage politically motivated boycotts of,
divestment from, and sanctions against Israel and to
seek the elimination of politically motivated nontariff
barriers on Israeli goods, services, or other commerce
imposed on Israel.
(C) To seek the elimination of state-sponsored
unsanctioned foreign boycotts of Israel, or compliance
with the Arab League Boycott of Israel, by prospective
trading partners.
[[Page 130 STAT. 238]]
(2) Effective date.--This subsection takes effect on the
date of the enactment of this Act and applies with respect to
negotiations commenced before, on, or after such date of
enactment.
(d) <<NOTE: President.>> Report on Politically Motivated Acts of
Boycott of, Divestment From, and Sanctions Against Israel.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
President shall submit to Congress a report on politically
motivated boycotts of, divestment from, and sanctions against
Israel.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) A description of the establishment of barriers
to trade, including nontariff barriers, investment, or
commerce by foreign countries or international
organizations against United States persons operating or
doing business in Israel, with Israeli entities, or in
Israeli-controlled territories.
(B) A description of specific steps being taken by
the United States to encourage foreign countries and
international organizations to cease creating such
barriers and to dismantle measures already in place, and
an assessment of the effectiveness of such steps.
(C) A description of specific steps being taken by
the United States to prevent investigations or
prosecutions by governments or international
organizations of United States persons solely on the
basis of such persons doing business with Israel, with
Israeli entities, or in Israeli-controlled territories.
(D) Decisions by foreign persons, including
corporate entities and state-affiliated financial
institutions, that limit or prohibit economic relations
with Israel or persons doing business in Israel or in
any territory controlled by Israel.
(e) Certain Foreign Judgments Against United States Persons.--
Notwithstanding any other provision of law, no domestic court shall
recognize or enforce any foreign judgment entered against a United
States person that conducts business operations in Israel, or any
territory controlled by Israel, if the domestic court determines that
the foreign judgment is based, in whole or in part, on a determination
by a foreign court that the United States person's conducting business
operations in Israel or any territory controlled by Israel or with
Israeli entities constitutes a violation of law.
(f) Definitions.--In this section:
(1) Boycott of, divestment from, and sanctions against
israel.--The term ``boycott of, divestment from, and sanctions
against Israel'' means actions by states, nonmember states of
the United Nations, international organizations, or affiliated
agencies of international organizations that are politically
motivated and are intended to penalize or otherwise limit
commercial relations specifically with Israel or persons doing
business in Israel or in any territory controlled by Israel.
(2) Domestic court.--The term ``domestic court'' means a
Federal court of the United States, or a court of any State or
territory of the United States or of the District of Columbia.
[[Page 130 STAT. 239]]
(3) Foreign court.--The term ``foreign court'' means a
court, an administrative body, or other tribunal of a foreign
country.
(4) Foreign judgment.--The term ``foreign judgment'' means a
final civil judgment rendered by a foreign court.
(5) Foreign person.--The term ``foreign person'' means--
(A) an individual who is not a United States person
or an alien lawfully admitted for permanent residence
into the United States; or
(B) a corporation, partnership, or other
nongovernmental entity which is not a United States
person.
(6) Person.--
(A) In general.--The term ``person'' means--
(i) a natural person;
(ii) a corporation, business association,
partnership, society, trust, financial
institution, insurer, underwriter, guarantor, and
any other business organization, any other
nongovernmental entity, organization, or group,
and any governmental entity operating as a
business enterprise; and
(iii) any successor to any entity described in
clause (ii).
(B) Application to governmental entities.--The term
``person'' does not include a government or governmental
entity that is not operating as a business enterprise.
(7) United states person.--The term ``United States person''
means--
(A) a natural person who is a national of the United
States (as defined in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)));
or
(B) a corporation or other legal entity that is
organized under the laws of the United States, any State
or territory thereof, or the District of Columbia, if
natural persons described in subparagraph (A) own,
directly or indirectly, more than 50 percent of the
outstanding capital stock or other beneficial interest
in such legal entity.
SEC. 910. ELIMINATION OF CONSUMPTIVE DEMAND EXCEPTION TO
PROHIBITION ON IMPORTATION OF GOODS MADE
WITH CONVICT LABOR, FORCED LABOR, OR
INDENTURED LABOR; REPORT.
(a) Elimination of Consumptive Demand Exception.--
(1) In general.--Section 307 of the Tariff Act of 1930 (19
U.S.C. 1307) is amended by striking ``The provisions of this
section'' and all that follows through ``of the United
States.''.
(2) <<NOTE: 19 USC 1307 note.>> Effective date.--The
amendment made by paragraph (1) shall take effect on the date
that is 15 days after the date of the enactment of this Act.
(b) <<NOTE: 19 USC 4453.>> Report Required.--Not later than 180
days after the date of the enactment of this Act, and annually
thereafter, the Commissioner shall submit to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives a report on compliance with section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307) that includes the following:
(1) <<NOTE: Time period.>> The number of instances in which
merchandise was denied entry pursuant to that section during the
1-year period preceding the submission of the report.
[[Page 130 STAT. 240]]
(2) A description of the merchandise denied entry pursuant
to that section.
(3) Such other information as the Commissioner considers
appropriate with respect to monitoring and enforcing compliance
with that section.
SEC. 911. VOLUNTARY RELIQUIDATIONS BY U.S. CUSTOMS AND BORDER
PROTECTION.
Section 501 of the Tariff Act of 1930 (19 U.S.C. 1501) is amended--
(1) in the section heading, by striking ``the customs
service'' and inserting ``u.s. customs and border protection'';
(2) by striking ``the Customs Service'' and inserting ``U.S.
Customs and Border Protection''; and
(3) by striking ``on which notice of the original
liquidation is given or transmitted to the importer, his
consignee or agent'' and inserting ``of the original
liquidation''.
SEC. 912. TARIFF CLASSIFICATION OF RECREATIONAL PERFORMANCE
OUTERWEAR.
(a) Repeal.--Section 601 of the Trade Preferences Extension Act of
2015 (Public Law 114-27; 129 Stat. 387) is repealed, and any provision
of law amended by such section is restored as if such section had not
been enacted into law.
(b) Amendments to Additional U.S. Notes.--The additional U.S. notes
to chapter 62 of the Harmonized Tariff Schedule of the United States are
amended--
(1) in additional U.S. note 2--
(A) by striking ``For the purposes of subheadings''
and all that follows through ``6211.20.15'' and
inserting ``For the purposes of subheadings 6201.92.17,
6201.92.35, 6201.93.47, 6201.93.60, 6202.92.05,
6202.92.30, 6202.93.07, 6202.93.48, 6203.41.01,
6203.41.25, 6203.43.03, 6203.43.11, 6203.43.55,
6203.43.75, 6204.61.05, 6204.61.60, 6204.63.02,
6204.63.09, 6204.63.55, 6204.63.75 and 6211.20.15'';
(B) by striking ``(see ASTM designations D 3600-81
and D 3781-79)'' and inserting ``(see current version of
ASTM D7017)''; and
(C) by striking ``in accordance with AATCC Test
Method 35-1985.'' and inserting ``in accordance with the
current version of AATCC Test Method 35.''; and
(2) by adding at the end the following new note:
``3. (a) When used in a subheading of this chapter or immediate
superior text thereto, the term `recreational performance outerwear'
means trousers (including, but not limited to, ski or snowboard pants,
and ski or snowboard pants intended for sale as parts of ski-suits),
coveralls, bib and brace overalls, jackets (including, but not limited
to, full zip jackets, ski jackets and ski jackets intended for sale as
parts of ski-suits), windbreakers and similar articles (including
padded, sleeveless jackets), the foregoing of fabrics of cotton, wool,
hemp, bamboo, silk or manmade fibers, or a combination of such fibers;
that are either water resistant within the meaning of additional U.S.
note 2 to this chapter or treated with plastics, or both; with
critically sealed seams, and with 5 or more of the following features
(as further provided herein):
``(i) insulation for cold weather protection;
[[Page 130 STAT. 241]]
``(ii) pockets, at least one of which has a zippered, hook
and loop, or other type of closure;
``(iii) elastic, draw cord or other means of tightening
around the waist or leg hems, including hidden leg sleeves with
a means of tightening at the ankle for trousers and tightening
around the waist or bottom hem for jackets;
``(iv) venting, not including grommet(s);
``(v) articulated elbows or knees;
``(vi) reinforcement in one of the following areas: the
elbows, shoulders, seat, knees, ankles or cuffs;
``(vii) weatherproof closure at the waist or front;
``(viii) multi-adjustable hood or adjustable collar;
``(ix) adjustable powder skirt, inner protective skirt or
adjustable inner protective cuff at sleeve hem;
``(x) construction at the arm gusset that utilizes fabric,
design or patterning to allow radial arm movement; or
``(xi) odor control technology.
The term `recreational performance outerwear' does not include
occupational outerwear.
``(b) <<NOTE: Definitions.>> For purposes of this note, the
following terms have the following meanings:
``(i) The term `treated with plastics' refers to textile
fabrics impregnated, coated, covered or laminated with plastics,
as described in note 2 to chapter 59.
``(ii) The term `sealed seams' means seams that have been
covered by means of taping, gluing, bonding, cementing, fusing,
welding or a similar process so that air and water cannot pass
through the seams when tested in accordance with the current
version of AATCC Test Method 35.
``(iii) The term `critically sealed seams' means--
``(A) for jackets, windbreakers and similar articles
(including padded, sleeveless jackets), sealed seams
that are sealed at the front and back yokes, or at the
shoulders, arm holes, or both, where applicable; and
``(B) for trousers, overalls and bib and brace
overalls and similar articles, sealed seams that are
sealed at the front (up to the zipper or other means of
closure) and back rise.
``(iv) The term `insulation for cold weather protection'
means insulation that meets a minimum clo value of 1.5 per ASTM
F 2732.
``(v) The term `venting' refers to closeable or permanent
constructed openings in a garment (excluding front, primary
zipper closures and grommet(s)) to allow increased expulsion of
built-up heat during outdoor activities. In a jacket, such
openings are often positioned on the underarm seam of a garment
but may also be placed along other seams in the front or back of
a garment. In trousers, such openings are often positioned on
the inner or outer leg seams of a garment but may also be placed
along other seams in the front or back of a garment.
``(vi) The term `articulated elbows or knees' refers to the
construction of a sleeve (or pant leg) to allow improved
mobility at the elbow (or knee) through the use of extra seams,
darts, gussets or other means.
[[Page 130 STAT. 242]]
``(vii) The term `reinforcement' refers to the use of a
double layer of fabric or section(s) of fabric that is abrasion-
resistant or otherwise more durable than the face fabric of the
garment.
``(viii) The term `weatherproof closure' means a closure
(including, but not limited to, laminated or coated zippers,
storm flaps or other weatherproof construction) that has been
reinforced or engineered in a manner to reduce the penetration
or absorption of moisture or air through an opening in the
garment.
``(ix) The term `multi-adjustable hood or adjustable collar'
means, in the case of a hood, a hood into which is incorporated
two or more draw cords, adjustment tabs or elastics, or, in the
case of a collar, a collar into which is incorporated at least
one draw cord, adjustment tab, elastic or similar component, to
allow volume adjustments around a helmet, or the crown of the
head, neck or face.
``(x) The terms `adjustable powder skirt' and `inner
protective skirt' refer to a partial lower inner lining with
means of tightening around the waist for additional protection
from the elements.
``(xi) The term `arm gusset' means construction at the arm
of a gusset that utilizes an extra fabric piece in the underarm,
usually diamond- or triangular-shaped, designed or patterned to
allow radial arm movement.
``(xii) The term `radial arm movement' refers to
unrestricted, 180-degree range of motion for the arm while
wearing performance outerwear.
``(xiii) The term `odor control technology' means the
incorporation into a fabric or garment of materials, including,
but not limited to, activated carbon, silver, copper or any
combination thereof, capable of adsorbing, absorbing or reacting
with human odors, or effective in reducing the growth of odor-
causing bacteria.
``(xiv) The term `occupational outerwear' means outerwear
garments, including uniforms, of a kind principally used in the
work place and specially designed to provide protection from
work place hazards such as fire, electrical, abrasion or
chemical hazards, or impacts, cuts and punctures.
``(c) <<NOTE: Records.>> The importer of goods entered as
`recreational performance outerwear' under a particular subheading of
this chapter shall maintain records demonstrating that the entered goods
meet the terms of this note, including such information as is necessary
to demonstrate the presence of the specific features that render the
goods eligible for classification as `recreational performance
outerwear'.''.
(c) Tariff Classifications.--Chapter 62 of the Harmonized Tariff
Schedule of the United States is amended as follows:
(1)(A) By striking subheadings 6201.91.10 through 6201.91.20
and inserting the following, with the superior text to
subheading 6201.91.03 having the same degree of indentation as
the article description for subheading 6201.91.10 (as in effect
on the day before the effective date of this section):
`` ................ Recreational .................. .................. ......................
performance
outerwear:
[[Page 130 STAT. 243]]
6201.91.03 Padded, 8.5% Free (AU, BH, CA, 58.5%
sleeveless CL, CO, IL, JO,
jackets........ KR, MA, MX, P,
PA, PE, SG) 2.5%
(OM)
6201.91.05 Other........... 49.7 cents/kg + Free (AU,BH, CA, 52.9 cents/kg + 58.5%
19.7% CL, CO, IL, JO,
KR, MA, MX, P,
PA, PE, SG) 14.9
cents/kg +5.9%
(OM)
................ Other: .................. .................. ......................
6201.91.25 Padded, 8.5% Free (AU,BH, CA, 58.5%
sleeveless CL, CO, IL, JO,
jackets........ KR, MA, MX, P,
PA, PE, SG) 2.5%
(OM)
6201.91.40 Other........... 49.7 cents/kg + Free (AU,BH, CA, 52.9 cents/kg + 58.5% ''
19.7% CL, CO, IL, JO, .
KR, MA, MX, P,
PA, PE, SG) 14.9
cents/kg +5.9%
(OM)
(B) <<NOTE: Applicability.>> The staged reductions in the
special rate of duty proclaimed for subheading 6201.91.10 of the
Harmonized Tariff Schedule of the United States before the
effective date of this section shall apply to subheadings
6201.91.03 and 6201.91.25 of such Schedule, as added by
subparagraph (A), on and after such effective date.
<<NOTE: Applicability.>>
(C) <<NOTE: >> The staged reductions in the special rate of
duty proclaimed for subheading 6201.91.20 of such Schedule
before the effective date of this section shall apply to
subheadings 6201.91.05 and 6201.91.40 of such Schedule, as added
by subparagraph (A), on and after such effective date.
(2) By striking subheadings 6201.92.10 through 6201.92.20
and inserting the following, with the superior text to
subheading 6201.92.05 having the same degree of indentation as
the article description for subheading 6201.92.10 (as in effect
on the day before the effective date of this section):
`` ................. Recreational ................... ................... ..................
performance
outerwear:
[[Page 130 STAT. 244]]
6201.92.05 Containing 15 4.4% Free (AU, BH, CA, 60%
percent or more CL, CO, IL, JO,
by weight of KR, MA, MX, OM, P,
down and PA, PE, SG)
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down............
................. Other: ................... ................... ..................
6201.92.17 Water resistant. 6.2% Free (AU, BH, CA, 37.5%
CL, CO, IL, JO,
KR, MA, MX, OM, P,
PA, PE, SG)
6201.92.19 Other........... 9.4% Free (AU,BH, CA, 90%
CL, CO, IL, JO,
KR, MA, MX, OM, P,
PA, PE, SG)
................. Other: ................... ................... ..................
6201.92.30 Containing 15 4.4% Free (AU, BH, CA, 60%
percent or more CL, CO, IL, JO,
by weight of KR, MA, MX, OM, P,
down and PA, PE, SG)
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down............
................. Other: ................... ................... ..................
6201.92.35 Water resistant. 6.2% Free (AU, BH, CA, 37.5%
CL, CO, IL, JO,
KR, MA, MX, OM, P,
PA, PE, SG)
6201.92.45 Other........... 9.4% Free (AU,BH, CA, 90% ''
CL, CO, IL, JO, .
KR, MA, MX, OM, P,
PA, PE, SG)
(3) By striking subheadings 6201.93.10 through 6201.93.35
and inserting the following, with the superior text to
subheading 6201.93.15 having the same degree of indentation as
the article description for subheading 6201.93.10 (as in effect
on the day before the effective date of this section):
`` ................ Recreational .................. ................... ......................
performance
outerwear:
[[Page 130 STAT. 245]]
6201.93.15 Containing 15 4.4% Free (AU, BH, CA, 60%
percent or more CL, CO, IL, JO,
by weight of KR, MA, MX, OM, P,
down and PA, PE, SG)
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down...........
................ Other: .................. ................... ......................
6201.93.18 Padded, 14.9% Free (AU, BH, CA, 76%
sleeveless CL, CO, IL, JO,
jackets....... KR, MA, MX, OM, P,
PA, PE, SG)
................ Other: .................. ................... ......................
6201.93.45 Containing 36 49.5 cents/kg + Free (AU, BH, CA, 52.9 cents/kg + 58.5%
percent or 19.6% CL, CO, IL, JO,
more by KR, MA, MX, OM, P,
weight of PA, PE, SG)
wool or fine
animal hair..
................ Other: .................. ................... ......................
6201.93.47 Water 7.1% Free (AU, BH, CA, 65%
resistant... CL, CO, IL, JO,
KR, MA, MX, OM, P,
PA, PE, SG)
6201.93.49 Other........ 27.7% Free (AU, BH, CA, 90%
CL, CO, IL, JO,
KR, MA, MX, OM, P,
PA, PE, SG)
................ Other: .................. ................... ......................
[[Page 130 STAT. 246]]
6201.93.50 Containing 15 4.4% Free (AU, BH, CA, 60%
percent or more CL, CO, IL, JO,
by weight of KR, MA, MX, OM, P,
down and PA, PE, SG)
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down...........
................ Other: .................. ................... ......................
6201.93.52 Padded, 14.9% Free (AU, BH, CA, 76%
sleeveless CL, CO, IL, JO,
jackets....... KR, MA, MX, OM, P,
PA, PE, SG)
................ Other: .................. ................... ......................
6201.93.55 Containing 36 49.5 cents/kg + Free (AU, BH, CA, 52.9 cents/kg + 58.5%
percent or 19.6% CL, CO, IL, JO,
more by KR, MA, MX, OM, P,
weight of PA, PE, SG)
wool or fine
animal hair..
................ Other: .................. ................... ......................
6201.93.60 Water 7.1% Free (AU, BH, CA, 65%
resistant... CL, CO, IL, JO,
KR, MA, MX, OM, P,
PA, PE, SG)
6201.93.65 Other........ 27.7% Free (AU, BH, CA, 90% ''
CL, CO, IL, JO, .
KR, MA, MX, OM, P,
PA, PE, SG)
(4) By striking subheadings 6201.99.10 through 6201.99.90
and inserting the following, with the superior text to
subheading 6201.99.05 having the same degree of indentation as
the article description for subheading 6201.99.10 (as in effect
on the day before the effective date of this section):
`` ................. Recreational ................... ................... ..................
performance
outerwear:
[[Page 130 STAT. 247]]
6201.99.05 Containing 70 Free ................... 35%
percent or more
by weight of
silk or silk
waste...........
6201.99.15 Other............ 4.2% Free (AU,BH, CA, 35%
CL, CO, E*, IL,
JO, KR, MA, MX,
OM, P, PA, PE, SG)
................. Other: ................... ................... ..................
6201.99.50 Containing 70 Free ................... 35%
percent or more
by weight of
silk or silk
waste...........
6201.99.80 Other............ 4.2% Free (AU, BH, CA, 35% ''
CL, CO, E*, IL, .
JO, KR, MA, MX,
OM, P, PA, PE, SG)
(5)(A) By striking subheadings 6202.91.10 through 6202.91.20
and inserting the following, with the superior text to
subheading 6202.91.03 having the same degree of indentation as
the article description for subheading 6202.91.10 (as in effect
on the day before the effective date of this section):
`` ................ Recreational ................. ..................... ......................
performance
outerwear:
6202.91.03 Padded, 14% Free (AU, BH, CA, CL, 58.5%
sleeveless CO, IL, JO, KR, MA,
jackets....... MX, P, PA, PE, SG)
4.2% (OM)
6202.91.15 Other.......... 36 cents/kg + Free (AU,BH,CA, 46.3 cents/kg +58.5%
16.3% CL,CO,IL,JO,KR,
MA,MX,P, PA,PE,SG)
10.8 cents/kg + 4.8%
(OM)
................ Other: ................. ..................... ......................
6202.91.60 Padded, 14% Free (AU, BH, CA, CL, 58.5%
sleeveless CO, IL, JO, KR, MA,
jackets....... MX, P, PA, PE, SG)
4.2% (OM)
6202.91.90 Other.......... 36 cents/kg + Free (AU, BH, CA, CL, 46.3 cents/kg + 58.5% ''
16.3% CO, IL, JO, KR, MA, .
MX, P, PA, PE, SG)
10.8 cents/kg + 4.8%
(OM)
(B) <<NOTE: Applicability.>> The staged reductions in the
special rate of duty proclaimed for subheading 6202.91.10 of the
Harmonized Tariff
[[Page 130 STAT. 248]]
Schedule of the United States before the effective date of this
section shall apply to subheadings 6202.91.03 and 6202.91.60 of
such Schedule, as added by subparagraph (A), on and after such
effective date.
(C) <<NOTE: Applicability.>> The staged reductions in the
special rate of duty proclaimed for subheading 6202.91.20 of
such Schedule before the effective date of this section shall
apply to subheadings 6202.91.15 and 6202.91.90 of such Schedule,
as added by subparagraph (A), on and after such effective date.
(6) By striking subheadings 6202.92.10 through 6202.92.20
and inserting the following, with the superior text to
subheading 6202.92.03 having the same degree of indentation as
the article description for subheading 6202.92.10 (as in effect
on the day before the effective date of this section):
`` ................ Recreational .................. ...................... ..................
performance
outerwear:
6202.92.03 Containing 15 4.4% Free (AU, BH, CA, CL, 60%
percent or more CO, IL, JO, KR, MA,
by weight of MX, OM, P, PA, PE,
down and SG)
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down...........
................ Other: .................. ...................... ..................
6202.92.05 Water resistant 6.2% Free (AU, BH, CA, CL, 37.5%
CO, IL, JO, KR, MA,
MX, OM, P, PA, PE,
SG)
6202.92.12 Other.......... 8.9% Free (AU, BH, CA, CL, 90%
CO, IL, JO, KR, MA,
MX,OM, P, PA,PE, SG)
................ Other: .................. ...................... ..................
[[Page 130 STAT. 249]]
6202.92.25 Containing 15 4.4% Free (AU, BH, CA, CL, 60%
percent or more CO, IL, JO, KR, MA,
by weight of MX, OM, P, PA, PE,
down and SG)
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down...........
................ Other: .................. ...................... ..................
6202.92.30 Water resistant 6.2% Free (AU, BH, CA, CL, 37.5%
CO, IL, JO, KR, MA,
MX, OM, P, PA, PE,
SG)
6202.92.90 Other.......... 8.9% Free (AU, BH, CA, CL, 90% ''
CO, IL, JO, KR, MA, .
MX, OM, P, PA, PE,
SG)
(7) By striking subheadings 6202.93.10 through 6202.93.50
and inserting the following, with the superior text to
subheading 6202.93.01 having the same degree of indentation as
the article description for subheading 6202.93.10 (as in effect
on the day before the effective date of this section):
`` ................ Recreational .................. ................... ......................
performance
outerwear:
6202.93.01 Containing 15 4.4% Free (AU, BH, CA, 60%
percent or more CL, CO, IL, JO,
by weight of KR, MA, MX, OM, P,
down and PA, PE, SG)
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down...........
................ Other: .................. ................... ......................
6202.93.03 Padded, 14.9% Free (AU, BH, CA, 76%
sleeveless CL, CO, IL, JO,
jackets....... KR, MA, MX, OM, P,
PA, PE, SG)
[[Page 130 STAT. 250]]
................ Other: .................. ................... ......................
6202.93.05 Containing 36 43.4 cents/kg + Free (AU, BH, CA, 46.3 cents/kg + 58.5%
percent or 19.7% CL, CO, IL, JO,
more by KR, MA, MX, OM, P,
weight of PA, PE, SG)
wool or fine
animal hair..
................ Other: .................. ................... ......................
6202.93.07 Water 7.1% Free (AU, BH, CA, 65%
resistant... CL, CO, IL, JO,
KR, MA, MX, OM, P,
PA, PE, SG)
6202.93.09 Other........ 27.7% Free (AU, BH, CA, 90%
CL, CO, IL, JO,
KR, MA, MX, OM, P,
PA, PE, SG)
................ Other: .................. ................... ......................
6202.93.15 Containing 15 4.4% Free (AU, BH, CA, 60%
percent or more CL, CO, IL, JO,
by weight of KR, MA, MX, OM, P,
down and PA, PE, SG)
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down...........
................ Other: .................. ................... ......................
6202.93.25 Padded, 14.9% Free (AU, BH, CA, 76%
sleeveless CL, CO, IL, JO,
jackets....... KR, MA, MX, OM, P,
PA, PE, SG)
................ Other: .................. ................... ......................
6202.93.45 Containing 36 43.4 cents/kg + Free (AU, BH, CA, 46.3 cents/kg + 58.5%
percent or 19.7% CL, CO, IL, JO,
more by KR, MA, MX, OM, P,
weight of PA, PE, SG)
wool or fine
animal hair..
[[Page 130 STAT. 251]]
................ Other: .................. ................... ......................
6202.93.48 Water 7.1% Free (AU, BH, CA, 65%
resistant... CL, CO, IL, JO,
KR, MA, MX, OM, P,
PA, PE, SG)
6202.93.55 Other........ 27.7% Free (AU, BH, CA, 90% ''
CL, CO, IL, JO, .
KR, MA, MX, OM, P,
PA, PE, SG)
(8) By striking subheadings 6202.99.10 through 6202.99.90
and inserting the following, with the superior text to
subheading 6202.99.03 having the same degree of indentation as
the article description for subheading 6202.99.10 (as in effect
on the day before the effective date of this section):
`` ................ Recreational .................. ...................... ..................
performance
outerwear:
6202.99.03 Containing 70 Free ...................... 35%
percent or more
by weight of
silk or silk
waste..........
6202.99.15 Other........... 2.8% Free (AU,BH, CA, CL, 35%
CO, E*, IL, JO, KR,
MA,MX, OM, P, PA,
PE,SG)
................ Other: .................. ...................... ..................
6202.99.60 Containing 70 Free ...................... 35%
percent or more
by weight of
silk or silk
waste..........
6202.99.80 Other........... 2.8% Free (AU, BH, CA, CL, 35% ''
CO, E*, IL, JO, KR, .
MA, MX, OM, P, PA,
PE, SG)
(9)(A) <<NOTE: Applicability.>> By striking subheadings
6203.41 through 6203.41.20 and inserting the following, with the
article description for subheading 6203.41 having the same
degree of indentation as the article description for subheading
6203.41 (as in effect on the day before the effective date of
this section):
`` 6203.41 Of wool or fine .................. ................... ......................
animal hair:
................ Recreational .................. ................... ......................
performance
outerwear:
................ Trousers, .................. ................... ......................
breeches and
shorts:
[[Page 130 STAT. 252]]
6203.41.01 Trousers, 7.6% Free (AU, BH, CA, 52.9 cents/kg + 58.5%
breeches, CL, CO,IL, JO,KR,
containing MA,MX, P, PA,
elastomeric PE,SG)
fiber, water 2.2% (OM)
resistant,
without belt
loops,
weighing more
than 9 kg per
dozen........
................ Other: .................. ................... ......................
6203.41.03 Trousers of 41.9 cents/kg + Free (AU, BH, CA, 52.9 cents/kg +58.5%
worsted wool 16.3% CL, CO,IL, JO,KR,
fabric, made MA,MX, P, PA,
of wool yarn PE,SG)
having an 12.5 cents/kg +
average 4.8% (OM)
fiber
diameter of
18.5 microns
or less.....
6203.41.06 Other........ 41.9 cents/kg + Free (AU, BH, CA, 52.9 cents/kg + 58.5%
16.3% CL, CO,IL, JO,KR,
MA,MX, P, PA,
PE,SG)
12.5 cents/kg +
4.8% (OM)
6203.41.08 Bib and brace 8.5% Free (AU, BH, CA, 63%
overalls...... CL, CO,IL, JO,KR,
MA,MX, P, PA, PE,
SG)
2.5% (OM)
................ Other: .................. ................... ......................
................ Trousers, .................. ................... ......................
breeches and
shorts:
[[Page 130 STAT. 253]]
6203.41.25 Trousers and 7.6% Free (AU, BH, CA, 52.9 cents/kg +58.5%
breeches, CL, CO,IL, JO,KR,
containing MA,MX, P, PA,
elastomeric PE,SG)
fiber, water 2.2% (OM)
resistant,
without belt
loops,
weighing more
than 9 kg per
dozen........
................ Other: .................. ................... ......................
6203.41.30 Trousers of 41.9 cents/kg Free (AU, BH, CA, 52.9 cents/kg +58.5%
worsted wool +16.3% CL, CO,IL, JO,KR,
fabric, made MA,MX, P, PA,
of wool yarn PE,SG)
having an 12.5 cents/kg +
average 4.8% (OM)
fiber
diameter of
18.5 microns
or less.....
6203.41.60 Other........ 41.9 cents/kg Free (AU, BH, CA, 52.9 cents/kg +58.5%
+16.3% CL, CO,IL, JO,KR,
MA,MX, P, PA,
PE,SG)
12.5 cents/kg +
4.8% (OM)
6203.41.80 Bib and brace 8.5% Free (AU, BH, CA, 63% ''
overalls...... CL, CO,IL, JO,KR, .
MA,MX, P, PA,
PE,SG)
2.5% (OM)
(B) The staged reductions in the special rate of duty
proclaimed for subheading 6203.41.05 of the Harmonized Tariff
Schedule of the United States before the effective date of this
section shall apply to subheadings 6203.41.01 and 6203.41.25
[[Page 130 STAT. 254]]
of such Schedule, as added by subparagraph (A), on and after
such effective date.
(C) The staged reductions in the special rate of duty
proclaimed for subheading 6203.41.12 of such Schedule before the
effective date of this section shall apply to subheadings
6203.41.03 and 6203.41.30 of such Schedule, as added by
subparagraph (A), on and after such effective date.
(D) The staged reductions in the special rate of duty
proclaimed for subheading 6203.41.18 of such Schedule before the
effective date of this section shall apply to subheadings
6203.41.06 and 6203.41.60 of such Schedule, as added by
subparagraph (A), on and after such effective date.
(E) The staged reductions in the special rate of duty
proclaimed for subheading 6203.41.20 of such Schedule before the
effective date of this section shall apply to subheadings
6203.41.08 and 6203.41.80 of such Schedule, as added by
subparagraph (A), on and after such effective date.
(10)(A) By striking subheadings 6203.42.10 through
6203.42.40 and inserting the following, with the superior text
to subheading 6203.42.03 having the same degree of indentation
as the article description for subheading 6203.42.10 (as in
effect on the day before the effective date of this section):
`` ................. Recreational ................... ................... ..................
performance
outerwear:
6203.42.03 Containing 15 Free ................... 60%
percent or more
by weight of
down and
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down............
................. Other: ................... ................... ..................
6203.42.05 Bib and brace 10.3% Free (AU,BH, CA, 90%
overalls....... CL,CO, IL, JO,KR,
MA,MX,OM, P,
PA,PE, SG)
6203.42.07 Other........... 16.6% Free (AU,BH, CA, 90%
CL,CO, IL, JO,
MA,MX,OM, P,
PA,PE, SG)
9.9% (KR)
................. Other: ................... ................... ..................
6203.42.17 Containing 15 Free ................... 60%
percent or more
by weight of
down and
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down............
................. Other: ................... ................... ..................
[[Page 130 STAT. 255]]
6203.42.25 Bib and brace 10.3% Free (AU,BH, CA, 90%
overalls....... CL,CO, IL, JO,KR,
MA,MX,OM, P,
PA,PE, SG)
6203.42.45 Other........... 16.6% Free (AU,BH, CA, 90% ''
CL,CO, IL, JO, MA, .
MX, OM, P, PA,PE,
SG)
9.9% (KR)
(B) <<NOTE: Applicability.>> The staged reductions in the
special rate of duty proclaimed for subheading 6203.42.40 of the
Harmonized Tariff Schedule of the United States before the
effective date of this section shall apply to subheadings
6203.42.07 and 6203.42.45 of such Schedule, as added by
subparagraph (A), on and after such effective date.
(11)(A) <<NOTE: Applicability.>> By striking subheadings
6203.43.10 through 6203.43.40 and inserting the following, with
the superior text to subheading 6203.43.01 having the same
degree of indentation as the article description for subheading
6203.43.10 (as in effect on the day before the effective date of
this section):
`` ................ Recreational .................. ....................... ................ ....
performance
outerwear:.......
6203.43.01 Containing 15 Free ....................... 60% ....
percent or more
by weight of
down and
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down...........
................ Other: .................. ....................... ................ ....
................ Bib and brace .................. ....................... ................ ....
overalls:.....
6203.43.03 Water 7.1% Free (AU,BH, CA, CL, 65% ....
resistant.... CO, IL, JO, KR,
MA,MX,OM, P, PA,PE,SG)
6203.43.05 Other......... 14.9% Free (AU,BH, CA, CL, 76% ....
CO, IL, JO, KR, MA,
MX,OM, P, PA, PE,SG)
.............. Other: .................. ....................... ................ ....
6203.43.09 Containing 36 49.6 cents/kg + Free (AU,BH, CA, CL, 52.9 cents/kg + ....
percent or more 19.7% CO, IL, JO, KR, MA, 58.5%
by weight of MX,OM, P, PA,PE,SG)
wool or fine
animal hair....
................ Other: .................. ....................... ................ ....
[[Page 130 STAT. 256]]
6203.43.11 Water 7.1% Free (AU,BH, CA, CL, 65% ....
resistant CO, IL, JO, MA, MX,OM,
trousers or P, PA,PE,SG)
breeches.... 1.4% (KR)
6203.43.13 Other........ 27.9% Free (AU,BH, CA, CL, 90% ....
CO, IL, JO, MA, MX,OM,
P, PA, PE,SG)
5.5% (KR)
................ Other: .................. ....................... ................ ....
6203.43.45 Containing 15 Free ....................... 60% ....
percent or more
by weight of
down and
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down...........
................ Other: .................. ....................... ................ ....
................ Bib and brace .................. ....................... ................ ....
overalls:.....
6203.43.55 Water 7.1% Free (AU,BH, CA, CL, 65% ....
resistant.... CO, IL, JO, KR, MA,
MX,OM, P, PA, PE,SG)
6203.43.60 Other......... 14.9% Free (AU,BH, CA, CL, 76% ....
CO,IL,JO, KR, MA,
MX,OM, P, PA, PE,SG)
................ Other: .................. ....................... ................ ....
6203.43.65 Certified hand- 12.2% Free (AU,BH, CA, CL, 76% ....
loomed and CO, IL, JO, KR, MA,
folklore MX,OM, P, PA, PE,SG)
products.....
................ Other: .................. ....................... ................ ....
6203.43.70 Containing 36 49.6 cents/kg + Free (AU,BH, CA, CL, 52.9 cents/kg + ....
percent or 19.7% CO, IL, JO, KR, MA, 58.5%
more by MX,OM, P, PA, PE,SG)
weight of
wool or fine
animal hair.
................ Other: .................. ....................... ................ ....
[[Page 130 STAT. 257]]
6203.43.75 Water 7.1% Free (AU,BH, CA, CL, 65% ....
resistant CO, IL, JO, MA, MX,OM,
trousers or P, PA,PE,SG)
breeches... 1.4% (KR)
6203.43.90 Other....... 27.9% Free (AU,BH, CA, CL, 90% ''.
CO, IL, JO, MA, MX,OM,
P, PA, PE,SG)
5.5% (KR)
(B) The staged reductions in the special rate of duty
proclaimed for subheading 6203.43.35 of the Harmonized Tariff
Schedule of the United States before the effective date of this
section shall apply to subheadings 6203.43.11 and 6203.43.75 of
such Schedule, as added by subparagraph (A), on and after such
effective date.
(C) The staged reductions in the special rate of duty
proclaimed for subheading 6203.43.40 of such Schedule before the
effective date of this section shall apply to subheadings
6203.43.13 and 6203.43.90 of such Schedule, as added by
subparagraph (A), on and after such effective date.
(12)(A) By striking subheadings 6203.49.10 through
6203.49.80 and the immediate superior text to subheading
6203.49.10, and inserting the following, with the superior text
to subheading 6203.49.01 having the same degree of indentation
as the article description for subheading 6203.49.10 (as in
effect on the day before the effective date of this section):
`` ................ Recreational .................. ....................... ..................
performance
outerwear:
................ Of artificial .................. ....................... ..................
fibers:
6203.49.01 Bib and brace 8.5% Free (AU,BH, CA, CL, 76%
overalls...... CO, IL,JO, KR, MA,
MX,OM, P, PA,PE, SG)
6203.49.05 Trousers, 27.9% Free (AU,BH, CA, CL, 90%
breeches and CO, IL,JO, KR, MA,
shorts........ MX,OM, P,PA,PE, SG)
................ Of other textile .................. ....................... ..................
materials:.....
6203.49.07 Containing 70 Free ....................... 35%
percent or
more by weight
of silk or
silk waste....
[[Page 130 STAT. 258]]
6203.49.09 Other.......... 2.8% Free (AU,BH, CA, CL, 35%
CO, E*, IL, JO,MA,
MX,OM, P, PA,PE, SG)
0.5% (KR)
................ Other: .................. ....................... ..................
................ Of artificial .................. ....................... ..................
fibers:
6203.49.25 Bib and brace 8.5% Free (AU,BH, CA, CL, 76%
overalls...... CO, IL,JO, KR, MA,
MX,OM, P, PA,PE, SG)
................ Trousers, .................. ....................... ..................
breeches and
shorts:
6203.49.35 Certified hand- 12.2% Free (AU,BH, CA, CL, 76%
loomed and CO, IL,JO, KR, MA,
folklore MX,OM, P,PA,PE, SG)
products.....
6203.49.50 Other......... 27.9% Free (AU,BH, CA, CL, 90%
CO, IL,JO, KR, MA,
MX,OM, P,PA,PE, SG)
................ Of other textile .................. ....................... ..................
materials:.....
6203.49.60 Containing 70 Free ....................... 35%
percent or
more by weight
of silk or
silk waste....
6203.49.90 Other.......... 2.8% Free (AU,BH, CA, CL, 35% ''
CO, E*, IL, JO,MA, .
MX,OM, P,PA,PE, SG)
0.5% (KR)
(B) <<NOTE: Applicability.>> The staged reductions in the
special rate of duty proclaimed for subheading 6203.49.80 of the
Harmonized Tariff Schedule of the United States before the
effective date of this section shall apply to subheadings
6203.49.09 and 6203.49.90 of such Schedule, as added by
subparagraph (A), on and after such effective date.
<<NOTE: Applicability.>>
(13)(A) <<NOTE: >> By striking subheadings 6204.61.10
through 6204.61.90 and inserting the following, with the
superior text to subheading 6204.61.05 having the same degree of
indentation as the article description for subheading 6204.61.10
(as in effect on the day before the effective date of this
section):
`` ................. Recreational ................... ................... ..................
performance
outerwear:
[[Page 130 STAT. 259]]
6204.61.05 Trousers and 7.6% Free (AU,BH, CA, 58.5%
breeches, CL, CO, IL,JO, KR,
containing MA, MX, P, PA, PE,
elastomeric SG)
fiber, water 2.2% (OM)
resistant,
without belt
loops, weighing
more than 6 kg
per dozen.......
6204.61.15 Other............ 13.6% Free (AU,BH, CA, 58.5%
CL, CO, IL,JO, KR,
MA, MX, P, PA, PE,
SG)
4% (OM)
................. Other: ................... ................... ..................
6204.61.60 Trousers and 7.6% Free (AU,BH, CA, 58.5%
breeches, CL, CO, IL,JO, KR,
containing MA, MX, P, PA, PE,
elastomeric SG)
fiber, water 2.2% (OM)
resistant,
without belt
loops, weighing
more than 6 kg
per dozen.......
6204.61.80 Other............ 13.6% Free (AU,BH, CA, 58.5% ''
CL, CO, IL,JO, KR, .
MA, MX, P, PA, PE,
SG)
4% (OM)
(B) The staged reductions in the special rate of duty
proclaimed for subheading 6204.61.10 of the Harmonized Tariff
Schedule of the United States before the effective date of this
section shall apply to subheadings 6204.61.05 and 6204.61.60 of
such Schedule, as added by subparagraph (A), on and after such
effective date.
(C) The staged reductions in the special rate of duty
proclaimed for subheading 6204.61.90 of such Schedule before the
effective date of this section shall apply to subheadings
6204.61.15 and 6204.61.80 of such Schedule, as added by
subparagraph (A), on and after such effective date.
(14)(A) By striking subheadings 6204.62.10 through
6204.62.40 and inserting the following, with the superior text
to subheading 6204.62.03 having the same degree of indentation
as the article description for subheading 6204.62.10 (as in
effect on the day before the effective date of this section):
`` ................. Recreational ................... ................... ..................
performance
outerwear:
[[Page 130 STAT. 260]]
6204.62.03 Containing 15 Free ................... 60%
percent or more
by weight of
down and
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down............
................. Other: ................... ................... ..................
6204.62.05 Bib and brace 8.9% Free (AU,BH, CA, 90%
overalls....... CL,CO, IL, JO,KR,
MA,MX, OM, P, PA,
PE, SG)
6204.62.15 Other........... 16.6% Free (AU,BH, CA, 90%
CL,CO, IL, JO, MA,
MX,OM, P, PA,PE,
SG)
9.9% (KR)
................. Other: ................... ................... ..................
6204.62.50 Containing 15 Free ................... 60%
percent or more
by weight of
down and
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down............
................. Other: ................... ................... ..................
6204.62.60 Bib and brace 8.9% Free (AU,BH, CA, 90%
overalls....... CL,CO, IL, JO,KR,
MA,MX, OM, P, PA,
PE, SG)
................. Other: ................... ................... ..................
6204.62.70 Certified hand- 7.1% Free (AU,BH, CA, 37.5%
loomed and CL,CO, E, IL,
folklore JO,KR, MA,MX, OM,
products...... P, PA, PE, SG)
6204.62.80 Other.......... 16.6% Free (AU,BH, CA, 90% ''
CL,CO, IL, JO, MA, .
MX,OM, P, PA,PE,
SG)
9.9% (KR)
(B) <<NOTE: Applicability.>> The staged reductions in the
special rate of duty proclaimed for subheading 6204.62.40 of the
Harmonized Tariff Schedule of the United States before the
effective date of this section shall apply to subheadings
6204.62.15 and 6204.62.80
[[Page 130 STAT. 261]]
of such Schedule, as added by subparagraph (A), on and after
such effective date.
(15)(A) By striking subheadings 6204.63.10 through
6204.63.35 and inserting the following, with the superior text
to subheading 6204.63.01 having the same degree of indentation
as the article description for subheading 6204.63.10 (as in
effect on the day before the effective date of this section):
`` ................. Recreational ................... ................... ..................
performance
outerwear:
6204.63.01 Containing 15 Free ................... 60%
percent or more
by weight of
down and
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down............
................. Other: ................... ................... ..................
................. Bib and brace ................... ................... ..................
overalls:
6204.63.02 Water resistant 7.1% Free (AU, BH, CA, 65%
CL, CO,IL, JO,KR,
MA,MX, OM,P,
PA,PE, SG)
6204.63.03 Other.......... 14.9% Free (AU, BH, CA, 76%
CL, CO,IL, JO,KR,
MA,MX, OM,P,
PA,PE, SG)
................. Other: ................... ................... ..................
6204.63.08 Containing 36 13.6% Free (AU, BH, CA, 58.5%
percent or CL, CO,IL, JO,KR,
more by weight MA,MX,OM,P, PA,PE,
of wool or SG)
fine animal
hair..........
................. Other: ................... ................... ..................
6204.63.09 Water 7.1% Free (AU, BH, CA, 65%
resistant CL, CO,IL, JO,KR,
trousers or MA,MX,OM,P, PA,PE,
breeches..... SG)
6204.63.11 Other......... 28.6% Free (AU,BH,CA, 90%
CL,CO, IL,JO,
MA,MX,OM,P, PA,PE,
SG)
5.7% (KR)
................. Other: ................... ................... ..................
[[Page 130 STAT. 262]]
6204.63.50 Containing 15 Free ................... 60%
percent or more
by weight of
down and
waterfowl
plumage and of
which down
comprises 35
percent or more
by weight;
containing 10
percent or more
by weight of
down............
................. Other: ................... ................... ..................
................. Bib and brace ................... ................... ..................
overalls:
6204.63.55 Water resistant 7.1% Free (AU, BH, CA, 65%
CL, CO,IL, JO,KR,
MA,MX, OM,P,
PA,PE, SG)
6204.63.60 Other.......... 14.9% Free (AU, BH, CA, 76%
CL, CO,IL, JO,KR,
MA,MX, OM,P,
PA,PE, SG)
6204.63.65 Certified hand- 11.3% Free (AU, BH, CA, 76%
loomed and CL, CO, E, IL,
folklore JO,KR, MA,MX,OM,P,
products....... PA,PE, SG)
................. Other: ................... ................... ..................
6204.63.70 Containing 36 13.6% Free (AU, BH, CA, 58.5%
percent or CL, CO,IL, JO,KR,
more by weight MA,MX, OM,P,
of wool or PA,PE, SG)
fine animal
hair..........
................. Other: ................... ................... ..................
6204.63.75 Water 7.1% Free (AU, BH, CA, 65%
resistant CL, CO,IL, JO,KR,
trousers or MA,MX, OM,P,
breeches..... PA,PE, SG)
6204.63.90 Other......... 28.6% Free (AU, BH, CA, 90% ''
CL, CO,IL, JO, MA, .
MX,OM, P, PA,
PE,SG)
5.7% (KR)
(B) <<NOTE: Applicability.>> The staged reductions in the
special rate of duty proclaimed for subheading 6204.63.35 of the
Harmonized Tariff Schedule of the United States before the
effective date of this section shall apply to subheadings
6204.63.11 and 6204.63.90
[[Page 130 STAT. 263]]
of such Schedule, as added by subparagraph (A), on and after
such effective date.
(16) By striking subheadings 6204.69.10 through 6204.69.90
and the immediate superior text to subheading 6204.69.10, and
inserting the following, with the first superior text having the
same degree of indentation as the article description of
subheading 6204.69.10 (as in effect on the day before the date
of enactment of this Act):
`` ................. Recreational ................... ................... ..................
performance
outerwear:
................. Of artificial ................... ................... ..................
fibers:
6204.69.01 Bib and brace 13.6% Free (AU, BH, CA, 76%
overalls....... CL, CO, IL, JO,
KR, MA, MX, OM, P,
PA, PE, SG)
................. Trousers, ................... ................... ..................
breeches and
shorts:........
6204.69.02 Containing 36 13.6% Free (AU,BH, CA, 58.5%
percent or CL,CO, IL, JO,KR,
more by weight MA, MX, OM, P, PA,
of wool or PE, SG)
fine animal
hair..........
6204.69.03 Other.......... 28.6% Free (AU,BH, CA, 90%
CL,CO, IL, JO,KR,
MA, MX, OM, P, PA,
PE, SG)
................. Of silk or silk ................... ................... ..................
waste:
6204.69.04 Containing 70 1.1% Free (AU, BH, CA, 65%
percent or more CL, CO, E, IL, JO,
by weight of KR, MA, MX, OM, P,
silk or silk PA, PE, SG)
waste..........
6204.69.05 Other........... 7.1% Free (AU,BH, CA, 65%
CL,CO, E*, IL, JO,
KR,MA,MX, OM,
P,PA, PE, SG)
6204.69.06 Other............ 2.8% Free (AU, BH, CA, 35%
CL, CO, E*, IL,
JO, KR, MA, MX,
OM, P, PA, PE, SG)
................. Other: ................... ................... ..................
................. Of artificial ................... ................... ..................
fibers:
[[Page 130 STAT. 264]]
6204.69.15 Bib and brace 13.6% Free (AU,BH, CA, 76%
overalls....... CL,CO, IL, JO,KR,
MA, MX, OM, P, PA,
PE, SG)
................. Trousers, ................... ................... ..................
breeches and
shorts:........
6204.69.22 Containing 36 13.6% Free (AU,BH, CA, 58.5%
percent or CL,CO, IL, JO,KR,
more by weight MA, MX, OM, P, PA,
of wool or PE, SG)
fine animal
hair..........
6204.69.28 Other.......... 28.6% Free (AU,BH, CA, 90%
CL,CO, IL, JO,KR,
MA, MX, OM, P, PA,
PE, SG)
................. Of silk or silk ................... ................... ..................
waste:
6204.69.45 Containing 70 1.1% Free (AU,BH, CA, 65%
percent or more CL,CO, E, IL, JO,
by weight of KR, MA, MX, OM,
silk or silk P,PA, PE, SG)
waste..........
6204.69.65 Other........... 7.1% Free (AU,BH, CA, 65%
CL,CO, E*,IL, JO,
KR,MA,MX, OM,
P,PA, PE, SG)
6204.69.80 Other............ 2.8% Free (AU,BH, CA, 35% ''
CL,CO, E*, IL, JO, .
KR,MA,MX, OM,
P,PA, PE, SG)
(17) By striking subheadings 6210.40.30 through 6210.40.90
and the immediate superior text to subheading 6210.40.30, and
inserting the following, with the first superior text having the
same degree of indentation as the immediate superior text to
subheading 6210.40.30 (as in effect on the day before the
effective date of this section):
`` ................. Recreational ................... ................... ..................
performance
outerwear:
................. Of man-made ................... ................... ..................
fibers:
[[Page 130 STAT. 265]]
6210.40.15 Having an outer 3.8% Free (AU, BH, CA, 65%
surface CL, CO,IL, JO,KR,
impregnated, MA,MX, OM,P,
coated, covered PA,PE, SG)
or laminated
with rubber or
plastics
material which
completely
obscures the
underlying
fabric.........
6210.40.25 Other........... 7.1% Free (AU, BH, CA, 65%
CL, CO, IL, JO,
KR, MA, MX, OM, P,
PA, PE, SG)
................. Other: ................... ................... ..................
6210.40.28 Having an outer 3.3% Free (AU, BH, CA, 37.5%
surface CL, CO, E, IL, JO,
impregnated, KR, MA, MX, OM, P,
coated, covered PA, PE, SG)
or laminated
with rubber or
plastics
material which
completely
obscures the
underlying
fabric.........
6210.40.29 Other........... 6.2% Free (AU, BH, CA, 37.5%
CL, CO, E*, IL,
JO, KR, MA, MX,
OM, P, PA, PE, SG)
................. Other: ................... ................... ..................
................. Of man-made ................... ................... ..................
fibers:
6210.40.35 Having an outer 3.8% Free (AU, BH, CA, 65%
surface CL, CO, IL, JO,
impregnated, KR, MA, MX, OM, P,
coated, covered PA, PE, SG)
or laminated
with rubber or
plastics
material which
completely
obscures the
underlying
fabric.........
6210.40.55 Other........... 7.1% Free (AU, BH, CA, 65%
CL, CO, IL, JO,
KR, MA, MX, OM, P,
PA, PE, SG)
[[Page 130 STAT. 266]]
................. Other: ................... ................... ..................
6210.40.75 Having an outer 3.3% Free (AU, BH, CA, 37.5%
surface CL, CO, E, IL, JO,
impregnated, KR, MA, MX, OM, P,
coated, covered PA, PE, SG)
or laminated
with rubber or
plastics
material which
completely
obscures the
underlying
fabric.........
6210.40.80 Other........... 6.2% Free (AU, BH, CA, 37.5% ''
CL, CO, E*, IL, .
JO, KR, MA, MX,
OM, P, PA, PE, SG)
(18) By striking subheadings 6210.50.30 through 6210.50.90
and the immediate superior text to subheading 6210.50.30, and
inserting the following, with the first superior text having the
same degree of indentation as the immediate superior text to
subheading 6210.50.30 (as in effect on the day before the
effective date of this section):
`` ................. Recreational ................... ................... ..................
performance
outerwear:
................. Of man-made ................... ................... ..................
fibers:
6210.50.03 Having an outer 3.8% Free (AU, BH, CA, 65%
surface CL, CO, IL, JO,
impregnated, KR, MA, MX, OM,P,
coated, covered PA, PE, SG)
or laminated
with rubber or
plastics
material which
completely
obscures the
underlying
fabric.........
6210.50.05 Other........... 7.1% Free (AU, BH, CA, 65%
CL, CO, IL, JO,
KR, MA, MX, OM,P,
PA, PE, SG)
................. Other: ................... ................... ..................
[[Page 130 STAT. 267]]
6210.50.12 Having an outer 3.3% Free (AU, BH, CA, 37.5%
surface CL, CO, E, IL, JO,
impregnated, KR, MA, MX, OM, P,
coated, covered PA,PE, SG)
or laminated
with rubber or
plastics
material which
completely
obscures the
underlying
fabric.........
6210.50.22 Other........... 6.2% Free (AU, BH, CA, 37.5%
CL, CO, E*, IL,
JO, KR, MA, MX,
OM, P,PA, PE, SG)
................. Other: ................... ................... ..................
................. Of man-made ................... ................... ..................
fibers:
6210.50.35 Having an outer 3.8% Free (AU, BH, CA, 65%
surface CL, CO, IL, JO,
impregnated, KR, MA, MX, OM,P,
coated, covered PA, PE, SG)
or laminated
with rubber or
plastics
material which
completely
obscures the
underlying
fabric.........
6210.50.55 Other........... 7.1% Free (AU, BH, CA, 65%
CL, CO, IL, JO,
KR, MA, MX, OM,P,
PA, PE, SG)
................. Other: ................... ................... ..................
6210.50.75 Having an outer 3.3% Free (AU, BH, CA, 37.5%
surface CL, CO, E, IL, JO,
impregnated, KR, MA, MX, OM, P,
coated, covered PA, PE, SG)
or laminated
with rubber or
plastics
material which
completely
obscures the
underlying
fabric.........
[[Page 130 STAT. 268]]
6210.50.80 Other........... 6.2% Free (AU, BH, CA, 37.5% ''
CL, CO, E*, IL, .
JO, KR, MA, MX,
OM, P, PA, PE, SG)
(19) By striking subheading 6211.32.00 and inserting the
following, with the article description for subheading 6211.32
having the same degree of indentation as the article description
for subheading 6211.32.00 (as in effect on the day before the
effective date of this section):
`` 6211.32 Of cotton: ................... ................... ..................
6211.32.50 Recreational 8.1% Free (AU, BH, CA, 90%
performance CL, CO, IL, JO,
outerwear....... KR, MA, MX, OM, P,
PA, PE, SG)
6211.32.90 Other............ 8.1% Free (AU, BH, CA, 90% ''
CL, CO, IL, JO, .
KR, MA, MX, OM, P,
PA, PE, SG)
(20)(A) By striking subheading 6211.33.00 and inserting the
following, with the article description for subheading 6211.33
having the same degree of indentation as the article description
for subheading 6211.33.00 (as in effect on the day before the
effective date of this section):
`` 6211.33 Of man-made fibers: ................... ................... ..................
6211.33.50 Recreational 16% Free (AU, BH, CA, 76%
performance CL, CO, IL, JO,
outerwear....... KR, MA, MX, P, PA
,PE, SG)
4.8% (OM)
6211.33.90 Other............ 16% Free (AU, BH, CA, 76% ''
CL, CO, IL, JO, .
KR, MA, MX, P, PA,
PE, SG)
4.8% (OM)
(B) <<NOTE: Applicability.>> The staged reductions in the
special rate of duty proclaimed for subheading 6211.33.00 of the
Harmonized Tariff Schedule of the United States before the
effective date of this section shall apply to subheadings
6211.33.50 and 6211.33.90 of such Schedule, as added by
subparagraph (A), on and after such effective date.
(21)(A) By striking subheadings 6211.39.05 through
6211.39.90 and inserting the following, with the first superior
text having the same degree of indentation as the article
description for subheading 6211.39.05 (as in effect on the day
before the effective date of this section):
[[Page 130 STAT. 269]]
`` ................. Recreational ................... ................... ..................
performance
outerwear:
6211.39.03 Of wool or fine 12% Free (AU, BH, CA, 58.5%
animal hair..... CL, CO, IL, JO,
KR, MA, MX, P, PA,
PE, SG)
3.6% (OM)
6211.39.07 Containing 70 0.5% Free (AU, BH, CA, 35%
percent or more CL, CO, E, IL, JO,
by weight of KR, MA, MX, OM, P,
silk or silk PA, PE, SG)
waste...........
6211.39.15 Other............ 2.8% Free (AU, BH, CA, 35%
CL, CO, E*, IL,
JO, KR, MA, MX,
OM, P, PE, SG)
................. Other: ................... ................... ..................
6211.39.30 Of wool or fine 12% Free (AU, BH, CA, 58.5%
animal hair..... CL, CO, IL, JO,
KR, MA, MX, P, PA,
PE, SG)
3.6% (OM)
6211.39.60 Containing 70 0.5% Free (AU, BH, CA, 35%
percent or more CL, CO, E, IL, JO,
by weight of KR, MA, MX, OM, P,
silk or silk PA, PE, SG)
waste...........
6211.39.80 Other............ 2.8% Free (AU, BH, CA, 35% ''
CL, CO, E*, IL, .
JO, KR, MA, MX,
OM, P, PE, SG)
(B) <<NOTE: Applicability.>> The staged reductions in the
special rate of duty proclaimed for subheading 6211.39.05 of the
Harmonized Tariff Schedule of the United States before the
effective date of this section shall apply to subheadings
6211.39.03 and 6211.39.30 of such Schedule, as added by
subparagraph (A), on and after such effective date.
(22) By striking subheading 6211.42.00 and inserting the
following, with the article description for subheading 6211.42
having the same degree of indentation as the article description
for subheading 6211.42.00 (as in effect on the day before the
effective date of this section):
`` 6211.42 Of cotton: ................... ................... ..................
[[Page 130 STAT. 270]]
6211.42.05 Recreational 8.1% Free (AU, BH, CA, 90%
performance CL, CO, IL, JO,
outerwear....... KR, MA, MX, OM, P,
PA, PE, SG)
6211.42.10 Other............ 8.1% Free (AU, BH, CA, 90% ''
CL, CO, IL, JO, .
KR, MA, MX, OM, P,
PA, PE, SG)
(23)(A) By striking subheading 6211.43.00 and inserting the
following, with the article description for subheading 6211.43
having the same degree of indentation as the article description
for subheading 6211.43.00 (as in effect on the day before the
effective date of this section):
`` 6211.43 Of man-made fibers: ................... ................... ..................
6211.43.05 Recreational 16% Free (AU, BH, CA, 90%
performance CL, CO, IL, JO,
outerwear....... KR, MA, MX, P, PA,
PE, SG)
4.8% (OM)
6211.43.10 Other............ 16% Free (AU, BH, CA, 90% ''
CL, CO, IL, JO, .
KR, MA, MX, P, PA,
PE, SG)
4.8% (OM)
(B) <<NOTE: Applicability.>> The staged reductions in the
special rate of duty proclaimed for subheading 6211.43.00 of the
Harmonized Tariff Schedule of the United States before the
effective date of this section shall apply to subheadings
6211.43.05 and 6211.43.10 of such Schedule, as added by
subparagraph (A), on and after such effective date.
<<NOTE: Applicability.>>
(24)(A) <<NOTE: >> By striking subheadings 6211.49.10
through 6211.49.90 and inserting the following, with the first
superior text having the same degree of indentation as the
article description for subheading 6211.49.90 (as in effect on
the day before the effective date of this section):
`` ................. Recreational ................... ................... ..................
performance
outerwear:
6211.49.03 Containing 70 1.2% Free (AU, BH, CA, 35%
percent or more CL, CO, E, IL, JO,
by weight of KR, MA, MX, OM, P,
silk or silk PA,PE, SG)
waste...........
[[Page 130 STAT. 271]]
6211.49.15 Of wool or fine 12% Free (AU, BH, CA, 58.5%
animal hair..... CL, CO, IL, JO,
KR, MA ,MX, P, PA,
PE, SG)
3.6% (OM)
6211.49.25 Other............ 7.3% Free (AU, BH, CA, 35%
CL, CO, E, IL, JO,
MA, MX, OM, P, PA,
PE, SG)
1.4% (KR)
................. Other: ................... ................... ..................
6211.49.50 Containing 70 1.2% Free (AU, BH, CA, 35%
percent or more CL, CO, E, IL, JO,
by weight of KR, MA, MX, OM, P,
silk or silk PA, PE, SG)
waste...........
6211.49.60 Of wool or fine 12% Free (AU, BH, CA, 58.5%
animal hair..... CL, CO, IL, JO,
KR, MA, MX, P, PA,
PE,SG)
3.6% (OM)
6211.49.80 Other............ 7.3% Free (AU, BH, CA, 35% ''
CL, CO, E, IL, JO, .
MA, MX,OM, P, PA,
PE, SG)
1.4% (KR)
(B) The staged reductions in the special rate of duty
proclaimed for subheading 6211.49.41 of the Harmonized Tariff
Schedule of the United States before the effective date of this
section shall apply to subheadings 6211.49.15 and 6211.49.60 of
such Schedule, as added by subparagraph (A), on and after such
effective date.
(C) The staged reductions in the special rate of duty
proclaimed for subheading 6211.49.90 of such Schedule before the
effective date of this section shall apply to subheadings
6211.49.25 and 6211.49.80 of such Schedule, as added by
subparagraph (A), on and after such effective date.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendments made by this section--
(A) shall take effect on the 180th day after the
date of the enactment of this Act; and
(B) <<NOTE: Applicability.>> shall apply to
articles entered, or withdrawn from warehouse for
consumption, on or after such 180th day.
(2) Subsection (a).--Subsection (a) shall take effect on the
date of the enactment of this Act.
[[Page 130 STAT. 272]]
SEC. 913. MODIFICATIONS TO DUTY TREATMENT OF PROTECTIVE ACTIVE
FOOTWEAR.
(a) In General.--Chapter 64 of the Harmonized Tariff Schedule of the
United States is amended--
(1) by redesignating the Additional U.S. Note added by
section 602(a) of the Trade Preferences Extension Act of 2015
(Public Law 114-27; 129 Stat. 413) as Additional U.S. Note 6;
(2) in subheading 6402.91.42, by striking the matter in the
column 1 special rate of duty column and inserting the
following: ``Free (AU, BH, CA, CL, D, IL, JO, MA, MX, P, R, SG)
1%(PA) 6%(OM) 6%(PE) 12%(CO) 20%(KR)''; and
(3) in subheading 6402.99.32, by striking the matter in the
column 1 special rate of duty column and inserting the
following: ``Free (AU, BH, CA, CL, D, IL, JO, MA, MX, P, R, SG)
1%(PA) 6%(OM) 6%(PE) 12%(CO) 20%(KR)''.
(b) Staged Rate Reductions.--Section 602(c) of the Trade Preferences
Extension Act of 2015 (Public Law 114-27; 129 Stat. 414) is amended to
read as follows:
``(c) <<NOTE: Effective date.>> Staged Rate Reductions.--Beginning
in calendar year 2016, the staged reductions in special rates of duty
proclaimed before the date of the enactment of this Act--
``(1) for subheading 6402.91.90 of the Harmonized Tariff
Schedule of the United States shall be applied to subheading
6402.91.42 of such Schedule, as added by subsection (b)(1); and
``(2) for subheading 6402.99.90 of such Schedule shall be
applied to subheading 6402.99.32 of such Schedule, as added by
subsection (b)(2).''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect as if included in the enactment of the Trade
Preferences Extension Act of 2015 (Public Law 114-27; 129 Stat.
362).
(2) Retroactive application for certain liquidations and
reliquidations.--
(A) In general.--Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other
provision of law and subject to subparagraph (B), any
entry of an article classified under subheading
6402.91.42 or 6402.99.32 of the Harmonized Tariff
Schedule of the United States, that--
(i) was made--
(I) after the effective date
specified in section 602(d) of the Trade
Preferences Extension Act of 2015
(Public Law 114-27; 129 Stat. 414), and
(II) before the date of the
enactment of this Act, and
(ii) to which a lower rate of duty would be
applicable if the entry were made after such date
of enactment,
shall be liquidated or reliquidated as though such entry
occurred on such date of enactment.
(B) <<NOTE: Deadline.>> Requests.--A liquidation or
reliquidation may be made under subparagraph (A) with
respect to an entry only if a request therefor is filed
with U.S. Customs and Border Protection not later than
180 days after the date
[[Page 130 STAT. 273]]
of the enactment of this Act that contains sufficient
information to enable U.S. Customs and Border
Protection--
(i) to locate the entry; or
(ii) to reconstruct the entry if it cannot be
located.
(C) <<NOTE: Deadline.>> Payment of amounts owed.--
Any amounts owed by the United States pursuant to the
liquidation or reliquidation of an entry of an article
under subparagraph (A) shall be paid, without interest,
not later than 90 days after the date of the liquidation
or reliquidation (as the case may be).
SEC. 914. AMENDMENTS TO BIPARTISAN CONGRESSIONAL TRADE PRIORITIES
AND ACCOUNTABILITY ACT OF 2015.
(a) Immigration Laws of the United States.--Section 102(a) of the
Bipartisan Congressional Trade Priorities and Accountability Act of 2015
(Public Law 114-26; 19 U.S.C. 4201(a)) is amended--
(1) in paragraph (12), by striking ``and'' at the end;
(2) in paragraph (13), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(14) to ensure that trade agreements do not require
changes to the immigration laws of the United States or obligate
the United States to grant access or expand access to visas
issued under section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)).''.
(b) Greenhouse Gas Emissions Measures.--Section 102(a) of the
Bipartisan Congressional Trade Priorities and Accountability Act of 2015
(Public Law 114-26; 19 U.S.C. 4201(a)), as amended by subsection (a) of
this section, is further amended--
(1) in paragraph (13), by striking ``and'' at the end;
(2) in paragraph (14), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(15) to ensure that trade agreements do not establish
obligations for the United States regarding greenhouse gas
emissions measures, including obligations that require changes
to United States laws or regulations or that would affect the
implementation of such laws or regulations, other than those
fulfilling the other negotiating objectives in this section.''.
(c) Fisheries Negotiations.--Section 102(b) of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015 (Public
Law 114-26; 19 U.S.C. 4201(b)) is amended by adding at the end the
following:
``(22) Fisheries negotiations.--The principal negotiating
objectives of the United States with respect to trade in fish,
seafood, and shellfish products are--
``(A) to obtain competitive opportunities for United
States exports of fish, seafood, and shellfish products
in foreign markets substantially equivalent to the
competitive opportunities afforded foreign exports of
fish, seafood, and shellfish products in United States
markets and to achieve fairer and more open conditions
of trade in fish, seafood, and shellfish products,
including by reducing or eliminating tariff and
nontariff barriers;
``(B) to eliminate fisheries subsidies that distort
trade, including subsidies of the type referred to in
paragraph
[[Page 130 STAT. 274]]
9 of Annex D to the Ministerial Declaration adopted by
the World Trade Organization at the Sixth Ministerial
Conference at Hong Kong, China on December 18, 2005;
``(C) to pursue transparency in fisheries subsidies
programs; and
``(D) to address illegal, unreported, and
unregulated fishing.''.
(d) Accreditation.--Section 104 of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015 (Public Law 114-26; 19
U.S.C. 4203) is amended--
(1) in subsection (b)(3), by striking ``an official'' and
inserting ``a delegate and official''; and
(2) in subsection (c)(2)(C)--
(A) by striking ``an official'' each place it
appears and inserting ``a delegate and official''; and
(B) by inserting after the first sentence the
following: ``In addition, the chairmen and ranking
members described in subparagraphs (A)(i) and (B)(i)
shall each be permitted to designate up to 3 personnel
with proper security clearances to serve as delegates
and official advisers to the United States delegation in
negotiations for any trade agreement to which this title
applies.''.
(e) Trafficking in Persons.--
(1) In general.--Section 106(b)(6) of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015
(Public Law 114-26; 19 U.S.C. 4205(b)(6)) is amended by striking
subparagraph (B) and inserting the following:
``(B) Exception.--
``(i) <<NOTE: President.>> Invoking
exception.--If the President submits to the
appropriate congressional committees a letter
stating that a country to which subparagraph (A)
applies has taken concrete actions to implement
the principal recommendations with respect to that
country in the most recent annual report on
trafficking in persons, the prohibition under
subparagraph (A) shall not apply with respect to a
trade agreement or trade agreements with that
country.
``(ii) Content of letter; public
availability.--A letter submitted under clause (i)
with respect to a country shall--
``(I) include a description of the
concrete actions that the country has
taken to implement the principal
recommendations described in clause (i);
``(II) <<NOTE: Records.>> be
accompanied by supporting documentation
providing credible evidence of each such
concrete action, including copies of
relevant laws or regulations adopted or
modified, and any enforcement actions
taken, by that country, where
appropriate; and
``(III) be made available to the
public.
``(C) <<NOTE: Deadlines. President.>> Special rule
for changes in certain determinations.--If a country is
listed as a tier 3 country in an annual report on
trafficking in persons submitted in calendar year 2014
or any calendar year thereafter and, in the annual
report on trafficking in persons submitted in the next
calendar year, is listed on the tier 2 watch
[[Page 130 STAT. 275]]
list, the President shall submit a detailed description
of the credible evidence supporting the change in
listing of the country, accompanied by copies of
documents providing such evidence, where appropriate, to
the appropriate congressional committees--
``(i) in the case of a change in listing
reflected in the annual report on trafficking in
persons submitted in calendar year 2015, not later
than 90 days after the date of the enactment of
the Trade Facilitation and Trade Enforcement Act
of 2015; and
``(ii) in the case of a change in listing
reflected in an annual report on trafficking in
persons submitted in calendar year 2016 or any
calendar year thereafter, not later than 90 days
after the submission of that report.
``(D) Sense of congress.--It is the sense of
Congress that the integrity of the process for making
the determinations in the annual report on trafficking
in persons, including determinations with respect to
country rankings and the substance of the assessments in
the report, should be respected and not affected by
unrelated considerations.
``(E) Definitions.--In this paragraph:
``(i) Annual report on trafficking in
persons.--The term `annual report on trafficking
in persons' means the annual report on trafficking
in persons required under section 110(b)(1) of the
Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(b)(1)).
``(ii) Appropriate congressional committees.--
The term `appropriate congressional committees'
means--
``(I) the Committee on Ways and
Means and the Committee on Foreign
Affairs of the House of Representatives;
and
``(II) the Committee on Finance and
the Committee on Foreign Relations of
the Senate.
``(iii) Tier 2 watch list.--The term `tier 2
watch list' means the list of countries required
under section 110(b)(2)(A)(iii) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C.
7107(b)(2)(A)(iii)).
``(iv) Tier 3 country.--The term `tier 3
country' means a country on the list of countries
required under section 110(b)(1)(C) of the
Trafficking Victims Protection Act of 2000 (22
U.S.C. 7107(b)(1)(C)).''.
(2) Conforming amendment.--Section 106(b)(6)(A) of the
Bipartisan Congressional Trade Priorities and Accountability Act
of 2015 (Public Law 114-26; 19 U.S.C. 4205(b)(6)(A)) is amended
by striking ``to which the minimum'' and all that follows
through ``7107(b)(1))'' and inserting ``listed as a tier 3
country in the most recent annual report on trafficking in
persons''.
(f) Technical Amendments.--The Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 is amended--
(1) in section 105(b)(3) (Public Law 114-26; 129 Stat. 346;
19 U.S.C. 4204(b)(3))--
(A) in subparagraph (A)(ii), by striking ``section
102(b)(16)'' and inserting ``section 102(b)(17)''; and
[[Page 130 STAT. 276]]
(B) in subparagraph (B)(ii), by striking ``section
102(b)(16)'' and inserting ``section 102(b)(17)''; and
(2) in section 106(b)(5) (Public Law 114-26; 129 Stat. 354;
19 U.S.C. 4205(b)(5)), by striking ``section 102(b)(15)(C)'' and
inserting ``section 102(b)(16)(C)''.
(g) <<NOTE: 19 USC 4201 note.>> Effective Date.--The amendments
made by this section shall take effect as if included in the enactment
of the Bipartisan Congressional Trade Priorities and Accountability Act
of 2015 (Public Law 114-26; 129 Stat. 320; 19 U.S.C. 4201 et seq.).
SEC. 915. <<NOTE: 19 USC 4454.>> TRADE PREFERENCES FOR NEPAL.
(a) Findings.--Congress makes the following findings:
(1) Nepal is among the least developed countries in the
world, with a per capita gross national income of $730 in 2014.
(2) Nepal suffered a devastating earthquake in April 2015,
with subsequent aftershocks. More than 9,000 people died and
approximately 23,000 people were injured.
(b) Eligibility Requirements.--
(1) <<NOTE: President. Determination.>> In general.--The
President may authorize the provision of preferential treatment
under this section to articles that are imported directly from
Nepal into the customs territory of the United States pursuant
to subsection (c) if the President determines--
(A) that Nepal meets the requirements set forth in
paragraphs (1), (2), and (3) of section 104(a) of the
African Growth and Opportunity Act (19 U.S.C. 3703(a));
and
(B) after taking into account the factors set forth
in paragraphs (1) through (7) of subsection (c) of
section 502 of the Trade Act of 1974 (19 U.S.C. 2462),
that Nepal meets the eligibility requirements of such
section 502.
(2) Withdrawal, suspension, or limitation of preferential
treatment; mandatory graduation.--The <<NOTE: Applicability.>>
provisions of subsections (d) and (e) of section 502 of the
Trade Act of 1974 (19 U.S.C. 2462) shall apply with respect to
Nepal to the same extent and in the same manner as such
provisions apply with respect to beneficiary developing
countries under title V of that Act (19 U.S.C. 2461 et seq.).
(c) Eligible Articles.--
(1) In general.--An article described in paragraph (2) may
enter the customs territory of the United States free of duty.
(2) Articles described.--
(A) In general.--An article is described in this
paragraph if--
(i)(I) the article is the growth, product, or
manufacture of Nepal; and
(II) in the case of a textile or apparel
article, Nepal is the country of origin of the
article, as determined under section 102.21 of
title 19, Code of Federal Regulations (as in
effect on the day before the date of the enactment
of this Act);
(ii) the article is imported directly from
Nepal into the customs territory of the United
States;
(iii) the article is classified under any of
the following subheadings of the Harmonized Tariff
Schedule
[[Page 130 STAT. 277]]
of the United States (as in effect on the day
before the date of the enactment of this Act):
4202.11.00............................. 4202.22.60................... 4202.92.08
4202.12.20............................. 4202.22.70................... 4202.92.15
4202.12.40............................. 4202.22.80................... 4202.92.20
4202.12.60............................. 4202.29.50................... 4202.92.30
4202.12.80............................. 4202.29.90................... 4202.92.45
4202.21.60............................. 4202.31.60................... 4202.92.60
4202.21.90............................. 4202.32.40................... 4202.92.90
4202.22.15............................. 4202.32.80................... 4202.99.90
4202.22.40............................. 4202.32.95................... 4203.29.50
4202.22.45............................. 4202.91.00 ........................................
........................................
5701.10.90............................. 5702.91.30................... 5703.10.80
5702.31.20............................. 5702.91.40................... 5703.90.00
5702.49.20............................. 5702.92.90................... 5705.00.20
5702.50.40............................. 5702.99.15 ........................................
5702.50.59............................. 5703.10.20 ........................................
........................................
6117.10.60............................. 6214.20.00................... 6217.10.85
6117.80.85............................. 6214.40.00................... 6301.90.00
6214.10.10............................. 6214.90.00................... 6308.00.00
6214.10.20............................. 6216.00.80 ........................................
........................................
6504.00.90............................. 6505.00.30................... 6505.00.90
6505.00.08............................. 6505.00.40................... 6506.99.30
6505.00.15............................. 6505.00.50................... 6506.99.60
6505.00.20............................. 6505.00.60 ........................................
6505.00.25............................. 6505.00.80 ........................................
(iv) <<NOTE: President. Determination.>> the
President determines, after receiving the advice
of the United States International Trade
Commission in accordance with section 503(e) of
the Trade Act of 1974 (19 U.S.C. 2463(e)), that
the article is not import-sensitive in the context
of imports from Nepal; and
(v) subject to subparagraph (C), the sum of
the cost or value of the materials produced in,
and the direct costs of processing operations
performed in, Nepal or the customs territory of
the United States is not less than 35 percent of
the appraised value of the article at the time it
is entered.
(B) Exclusions.--An article shall not be treated as
the growth, product, or manufacture of Nepal for
purposes of subparagraph (A)(i)(I) by virtue of having
merely undergone--
(i) simple combining or packaging operations;
or
(ii) mere dilution with water or mere dilution
with another substance that does not materially
alter the characteristics of the article.
(C) Limitation on united states cost.--For purposes
of subparagraph (A)(v), the cost or value of materials
produced in, and the direct costs of processing
operations performed in, the customs territory of the
United States and attributed to the 35-percent
requirement under that subparagraph may not exceed 15
percent of the appraised value of the article at the
time it is entered.
(3) Verification with respect to transshipment for textile
and apparel articles.--
[[Page 130 STAT. 278]]
(A) <<NOTE: Deadlines.>> In general.--Not later
than January 1, April 1, July 1, and October 1 of each
calendar year, the Commissioner shall verify that
textile and apparel articles imported from Nepal to
which preferential treatment is extended under this
section are not being unlawfully transshipped into the
United States.
(B) <<NOTE: Determination.>> Report to president.--
If the Commissioner determines under subparagraph (A)
that textile and apparel articles imported from Nepal to
which preferential treatment is extended under this
section are being unlawfully transshipped into the
United States, the Commissioner shall report that
determination to the President.
(d) Trade Facilitation and Capacity Building.--
(1) Findings.--Congress makes the following findings:
(A) As a land-locked least-developed country, Nepal
has severe challenges reaching markets and developing
capacity to export goods. As of 2015, exports from Nepal
are approximately $800,000,000 per year, with India the
major market at $450,000,000 annually. The United States
imports about $80,000,000 worth of goods from Nepal, or
10 percent of the total goods exported from Nepal.
(B) The World Bank has found evidence that the
overall export competitiveness of Nepal has been
declining since 2005. Indices compiled by the World Bank
and the Organization for Economic Co-operation and
Development found that export costs in Nepal are high
with respect to both air cargo and container shipments
relative to other low-income countries. Such indices
also identify particular weaknesses in Nepal with
respect to automation of customs and other trade
functions, involvement of local exporters and importers
in preparing regulations and trade rules, and export
finance.
(C) Implementation by Nepal of the Agreement on
Trade Facilitation of the World Trade Organization could
directly address some of the weaknesses described in
subparagraph (B).
(2) <<NOTE: Deadline. President. Consultation.>>
Establishment of trade facilitation and capacity building
program.--Not later than 180 days after the date of the
enactment of this Act, the President shall, in consultation with
the Government of Nepal, establish a trade facilitation and
capacity building program for Nepal--
(A) to enhance the central export promotion agency
of Nepal to support successful exporters and to build
awareness among potential exporters in Nepal about
opportunities abroad and ways to manage trade
documentation and regulations in the United States and
other countries;
(B) to provide export finance training for financial
institutions in Nepal and the Government of Nepal;
(C) <<NOTE: Web posting.>> to assist the Government
of Nepal in maintaining publication on the Internet of
all trade regulations, forms for exporters and
importers, tax and tariff rates, and other documentation
relating to exporting goods and developing a robust
public-private dialogue, through its National Trade
Facilitation Committee, for Nepal to identify timelines
for implementation of key reforms and solutions, as
provided for under the Agreement on Trade Facilitation
of the World Trade Organization; and
[[Page 130 STAT. 279]]
(D) to increase access to guides for importers and
exporters, through publication of such guides on the
Internet, including rules and documentation for United
States tariff preference programs.
(e) <<NOTE: President. Review.>> Reporting Requirement.--Not later
than one year after the date of the enactment of this Act, and annually
thereafter, the President shall monitor, review, and report to Congress
on the implementation of this section, the compliance of Nepal with
subsection (b)(1), and the trade and investment policy of the United
States with respect to Nepal.
(f) Termination of Preferential Treatment.--No preferential
treatment extended under this section shall remain in effect after
December 31, 2025.
(g) Effective Date.--The provisions of this section shall take
effect on the date that is 30 days after the date of the enactment of
this Act.
SEC. 916. AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION MEMBERS
TO REDUCE RATES OF DUTY ON CERTAIN
ENVIRONMENTAL GOODS.
Section 107 of the Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 (Public Law 114-26; 19 U.S.C. 4206) is
amended by adding at the end the following:
``(c) Agreement by Asia-Pacific Economic Cooperation Members to
Reduce Rates of Duty on Certain Environmental Goods.--
Notwithstanding <<NOTE: President. Notification. Negotiations.>> the
notification requirement described in section 103(a)(2), the President
may exercise the proclamation authority provided for in section
103(a)(1)(B) to implement an agreement by members of the Asia-Pacific
Economic Cooperation (APEC) to reduce any rate of duty on certain
environmental goods included in Annex C of the APEC Leaders Declaration
issued on September 9, 2012, if (and only if) the President, as soon as
feasible after the date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015, and before exercising proclamation
authority under section 103(a)(1)(B), notifies Congress of the
negotiations relating to the agreement and the specific United States
objectives in the negotiations.''.
SEC. 917. AMENDMENT TO TARIFF ACT OF 1930 TO REQUIRE COUNTRY OF
ORIGIN MARKING OF CERTAIN CASTINGS.
(a) In General.--Section 304(e) of the Tariff Act of 1930 (19 U.S.C.
1304(e)) is amended--
(1) in the subsection heading, by striking ``Manhole Rings
or Frames, Covers, and Assemblies Thereof'' and inserting
``Castings'';
(2) by inserting ``inlet frames, tree and trench grates,
lampposts, lamppost bases, cast utility poles, bollards,
hydrants, utility boxes,'' before ``manhole rings,''; and
(3) by adding at the end before the period the following:
``in a location such that it will remain visible after
installation''.
(b) <<NOTE: Applicability. Time period. 19 USC 1304 note.>>
Effective Date.--The amendments made by subsection (a) take effect on
the date of the enactment of this Act and apply with respect to the
importation of castings described in such amendments on or after the
date that is 180 days after such date of enactment.
[[Page 130 STAT. 280]]
SEC. 918. <<NOTE: President.>> INCLUSION OF CERTAIN INFORMATION
IN SUBMISSION OF NOMINATION FOR
APPOINTMENT AS DEPUTY UNITED STATES TRADE
REPRESENTATIVE.
Section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)) is
amended by adding at the end the following:
``(5)(A) When the President submits to the Senate for its advice and
consent a nomination of an individual for appointment as a Deputy United
States Trade Representative under paragraph (2), the President shall
include in that submission information on the country, regional offices,
and functions of the Office of the United States Trade Representative
with respect to which that individual will have responsibility.
``(B) <<NOTE: Notification. Deadline.>> The President shall notify
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate not less than 30 days prior to making
any change to the responsibilities of any Deputy United States Trade
Representative included in a submission under subparagraph (A),
including the reason for that change.''.
SEC. 919. SENSE OF CONGRESS ON THE NEED FOR A MISCELLANEOUS TARIFF
BILL PROCESS.
(a) Findings.--Congress makes the following findings:
(1) As of the date of the enactment of this Act, the
Harmonized Tariff Schedule of the United States imposes duties
on imported goods for which there is no domestic availability or
insufficient domestic availability.
(2) The imposition of duties on such goods creates
artificial distortions in the economy of the United States that
negatively affect United States manufacturers and consumers.
(3) It would be in the interests of the United States if the
Harmonized Tariff Schedule were updated regularly and
predictably to eliminate such artificial distortions by
suspending or reducing duties on such goods.
(4) The manufacturing competitiveness of the United States
around the world would be enhanced if the Harmonized Tariff
Schedule were updated regularly and predictably to suspend or
reduce duties on such goods.
(b) Sense of Congress.--It is the sense of Congress that, to remove
the competitive disadvantage to United States manufacturers and
consumers resulting from the imposition of such duties and to promote
the competitiveness of United States manufacturers, the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives are urged to advance, as soon as possible, after
consultation with the public and Members of the Senate and the House of
Representatives, a regular and predictable legislative process for the
temporary suspension and reduction of duties that is consistent with the
rules of the Senate and the House.
SEC. 920. CUSTOMS USER FEES.
(a) In General.--Section 13031(j)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``July 7, 2025'' and
inserting ``September 30, 2025''; and
(2) by striking subparagraph (D).
[[Page 130 STAT. 281]]
(b) Rate for Merchandise Processing Fees.--Section 503 of the United
States-Korea Free Trade Agreement Implementation Act (Public Law 112-41;
19 U.S.C. 3805 note) is amended--
(1) by striking ``June 30, 2025'' and inserting ``September
30, 2025''; and
(2) by striking subsection (c).
SEC. 921. INCREASE IN PENALTY FOR FAILURE TO FILE RETURN OF TAX.
(a) In General.--Section 6651(a) of the Internal Revenue Code of
1986 is <<NOTE: 26 USC 6651.>> amended by striking ``$135'' in the last
sentence and inserting ``$205''.
(b) Conforming Amendment.--Section 6651(i) of such Code is amended
by striking ``$135'' and inserting ``$205''.
(c) <<NOTE: 26 USC 6651 note.>> Effective Date.--The amendments
made by this section shall apply to returns required to be filed in
calendar years after 2015.
SEC. 922. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES AND ON
MULTIPLE AND DISCRIMINATORY TAXES ON
ELECTRONIC COMMERCE.
(a) Permanent Moratorium.--Section 1101(a) of the Internet Tax
Freedom Act (47 U.S.C. 151 note) is amended by striking ``during the
period beginning November 1, 2003, and ending October 1, 2015''.
(b) Temporary Extension.--Section 1104(a)(2)(A) of the Internet Tax
Freedom Act (47 U.S.C. 151 note) is amended by striking ``October 1,
2015'' and inserting ``June 30, 2020''.
Approved February 24, 2016.
LEGISLATIVE HISTORY--H.R. 644:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 114-18 (Comm. on Ways and Means) and 114-376
(Comm. of Conference).
CONGRESSIONAL RECORD:
Vol. 161 (2015):
Feb. 12, considered and passed
House.
May 14, considered and passed
Senate, amended.
June 12, House concurred in Senate
amendments with an amendment.
Dec. 11, House agreed to conference
report.
Vol. 162 (2016):
Feb. 9, 11, Senate considered and
agreed to conference report.
<all>