Title I — Pub. L. 114-125

SEC. 101. Improving Partnership Programs.

(a)

In General.— In order to advance the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protection, the Commissioner shall ensure that partnership programs of U.S. Customs and Border Protection established before the date of the enactment of this Act, such as the Customs–Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), and partnership programs of U.S. Customs and Border Protection established on or after such date of enactment, provide trade benefits to private sector entities that meet the requirements for participation in those programs established by the Commissioner under this section.

(b)

Elements.— In developing and operating partnership programs under subsection (a), the Commissioner shall—

(1)

consult with private sector entities, the public, and other Federal agencies when appropriate, to ensure that participants in those programs receive commercially significant and measurable trade benefits, including providing preclearance of merchandise for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States, regulations of U.S. Customs and Border Protection, and other requirements the Commissioner determines to be necessary;

(2)

ensure an integrated and transparent system of trade benefits and compliance requirements for all partnership programs of U.S. Customs and Border Protection;

(3)

consider consolidating partnership programs in situations in which doing so would support the objectives of such programs, increase participation in such programs, enhance the trade benefits provided to participants in such programs, and enhance the allocation of the resources of U.S. Customs and Border Protection;

(4)

coordinate with the Director of U.S. Immigration and Customs Enforcement, and other Federal agencies with authority to detain and release merchandise entering the United States—

(A)

to ensure coordination in the release of such merchandise through the Automated Commercial Environment, or its predecessor, and the International Trade Data System established under section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d));

(B)

to ensure that the partnership programs of those agencies are compatible with the partnership programs of U.S. Customs and Border Protection;

(C)

to develop criteria for authorizing the release, on an expedited basis, of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the United States; and

(D)

to create pathways, within and among the appropriate Federal agencies, for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States to receive immediate clearance absent information that a transaction may pose a national security or compliance threat; and

(5)

ensure that trade benefits are provided to participants in partnership programs.

(c)

Report Required.— Not later than the date that is 180 days after the date of the enactment of this Act, and not later than December 31 of each calendar year thereafter, the Commissioner shall submit to the appropriate congressional committees a report that—

(1)

identifies each partnership program referred to in subsection (a);

(2)

for each such program, identifies—

(A)

the requirements for participants in the program;

(B)

the commercially significant and measurable trade benefits provided to participants in the program;

(C)

the number of participants in the program; and

(D)

in the case of a program that provides for participation at multiple tiers, the number of participants at each such tier;

(3)

identifies the number of participants enrolled in more than one such partnership program;

(4)

assesses the effectiveness of each such partnership program in advancing the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protection, based on historical developments, the level of participation in the program, and the evolution of benefits provided to participants in the program;

(5)

summarizes the efforts of U.S. Customs and Border Protection to work with other Federal agencies with authority to detain and release merchandise entering the United States to ensure that partnership programs of those agencies are compatible with partnership programs of U.S. Customs and Border Protection;

(6)

summarizes criteria developed with those agencies for authorizing the release, on an expedited basis, of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the United States;

(7)

summarizes the efforts of U.S. Customs and Border Protection to work with private sector entities and the public to develop and improve such partnership programs;

(8)

describes measures taken by U.S. Customs and Border Protection to make private sector entities aware of the trade benefits available to participants in such partnership programs; and

(9)

summarizes the plans, targets, and goals of U.S. Customs and Border Protection with respect to such partnership programs for the 2 years following the submission of the report.

SEC. 102. Report on Effectiveness of Trade Enforcement Activities.

(a)

In General.— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on the effectiveness of trade enforcement activities of U.S. Customs and Border Protection.

(b)

Contents.— The report required by subsection (a) shall include—

(1)

a description of the use of resources, results of audits and verifications, targeting, organization, and training of personnel of U.S. Customs and Border Protection;

(2)

a description of trade enforcement activities to address undervaluation, transshipment, legitimacy of entities making entry, protection of revenues, fraud prevention and detection, and penalties, including intentional misclassification, inadequate bonding, and other misrepresentations; and

(3)

a description of trade enforcement activities with respect to the priority trade issues described in section 117, including—

(A)

methodologies used in such enforcement activities, such as targeting;

(B)

recommendations for improving such enforcement activities; and

(C)

a description of the implementation of previous recommendations for improving such enforcement activities.

(c)

Form of Report.— The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.

SEC. 103. Priorities and Performance Standards for Customs Modernization, Trade Facilitation, and Trade Enforcement Functions and Programs.

(a)

Priorities and Performance Standards.—

(1)

In general.— The Commissioner, in consultation with the appropriate congressional committees, shall establish priorities and performance standards to measure the development and levels of achievement of the customs modernization, trade facilitation, and trade enforcement functions and programs described in subsection (b).

(2)

Minimum priorities and standards.— Such priorities and performance standards shall, at a minimum, include priorities and standards relating to efficiency, outcome, output, and other types of applicable measures.

(b)

Functions and Programs Described.— The functions and programs referred to in subsection (a) are the following:

(1)

The Automated Commercial Environment.

(2)

Each of the priority trade issues described in section 117.

(3)

The Centers of Excellence and Expertise described in section 110.

(4)

Drawback for exported merchandise under section 313 of the Tariff Act of 1930 (19 U.S.C. 1313), as amended by section 906 of this Act.

(5)

Transactions relating to imported merchandise in bond.

(6)

Collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.).

(7)

The expedited clearance of cargo.

(8)

The issuance of regulations and rulings.

(9)

The issuance of Regulatory Audit Reports.

(c)

Consultations and Notification.—

(1)

Consultations.— The consultations required by subsection (a)(1) shall occur, at a minimum, on an annual basis.

(2)

Notification.— The Commissioner shall notify the appropriate congressional committees of any changes to the priorities or performance standards referred to in subsection (a) not later than 30 days before such changes are to take effect.

SEC. 104. Educational Seminars to Improve Efforts to Classify and Appraise Imported Articles, to Improve Trade Enforcement Efforts, and to Otherwise Facilitate Legitimate International Trade.

(a)

Establishment.— The Commissioner and the Director shall establish and carry out on a fiscal year basis educational seminars to—

(1)

improve the ability of personnel of U.S. Customs and Border Protection to classify and appraise articles imported into the United States in accordance with the customs and trade laws of the United States;

(2)

improve the trade enforcement efforts of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement; and

(3)

otherwise improve the ability and effectiveness of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement to facilitate legitimate international trade.

(b)

Content.—

(1)

Classifying and appraising imported articles.— In carrying out subsection (a)(1), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement on the following:

(A)

Conducting a physical inspection of an article imported into the United States, including testing of samples of the article, to determine if the article is mislabeled in the manifest or other accompanying documentation.

(B)

Reviewing the manifest and other accompanying documentation of an article imported into the United States to determine if the country of origin of the article listed in the manifest or other accompanying documentation is accurate.

(C)

Customs valuation.

(D)

Industry supply chains and other related matters as determined to be appropriate by the Commissioner.

(2)

Trade enforcement efforts.— In carrying out subsection (a)(2), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement to identify opportunities to enhance enforcement of the following:

(A)

Collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.).

(B)

Addressing evasion of duties on imports of textiles.

(C)

Protection of intellectual property rights.

(D)

Enforcement of child labor laws.

(3)

Approval of commissioner and director.— The instruction and related instructional materials at each educational seminar carried out under this section shall be subject to the approval of the Commissioner and the Director.

(c)

Selection Process.—

(1)

In general.— The Commissioner shall establish a process to solicit, evaluate, and select interested parties in the private sector for purposes of assisting in providing instruction and related instructional materials described in subsection (b) at each educational seminar carried out under this section.

(2)

Criteria.— The Commissioner shall evaluate and select interested parties in the private sector under the process established under paragraph (1) based on—

(A)

availability and usefulness;

(B)

the volume, value, and incidence of mislabeling or misidentification of origin of imported articles; and

(C)

other appropriate criteria established by the Commissioner.

(3)

Public availability.— The Commissioner and the Director shall publish in the Federal Register a detailed description of the process established under paragraph (1) and the criteria established under paragraph (2).

(d)

Special Rule for Antidumping and Countervailing Duty Orders.—

(1)

In general.— The Commissioner shall give due consideration to carrying out an educational seminar under this section in whole or in part to improve the ability of personnel of U.S. Customs and Border Protection to enforce a countervailing or antidumping duty order issued under section 706 or 736 of the Tariff Act of 1930 (19 U.S.C. 1671e or 1673e) upon the request of a petitioner in an action underlying such countervailing or antidumping duty order.

(2)

Interested party.— A petitioner described in paragraph (1) shall be treated as an interested party in the private sector for purposes of the requirements of this section.

(e)

Performance Standards.— The Commissioner and the Director shall establish performance standards to measure the development and level of achievement of educational seminars carried out under this section.

(f)

Reporting.— Not later than September 30, 2016, and annually thereafter, the Commissioner and the Director shall submit to the appropriate congressional committees a report on the effectiveness of educational seminars carried out under this section.

(g)

Definitions.— In this section:

(1)

Director.— The term “Director” means the Director of U.S. Immigration and Customs Enforcement.

(2)

United states.— The term “United States” means the customs territory of the United States, as defined in General Note 2 to the Harmonized Tariff Schedule of the United States.

(3)

U.S. customs and border protection personnel.— The term “U.S. Customs and Border Protection personnel” means import specialists, auditors, and other appropriate employees of the U.S. Customs and Border Protection.

(4)

U.S. immigration and customs enforcement personnel.— The term “U.S. Immigration and Customs Enforcement personnel” means Homeland Security Investigations Directorate personnel and other appropriate employees of U.S. Immigration and Customs Enforcement.

SEC. 105. Joint Strategic Plan.

(a)

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

(b)

Contents.— The joint strategic plan required under this section shall be comprised of a comprehensive multiyear plan for trade enforcement and trade facilitation, and shall include—

(1)

a summary of actions taken during the 2-year period preceding the submission of the plan to improve trade enforcement and trade facilitation, including a description and analysis of specific performance measures to evaluate the progress of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement in meeting each such responsibility;

(2)

a statement of objectives and plans for further improving trade enforcement and trade facilitation;

(3)

a specific identification of the priority trade issues described in section 117 that can be addressed in order to enhance trade enforcement and trade facilitation, and a description of strategies and plans for addressing each such issue, including—

(A)

a description of the targeting methodologies used for enforcement activities with respect to each such issue;

(B)

recommendations for improving such enforcement activities; and

(C)

a description of the implementation of previous recommendations for improving such enforcement activities;

(4)

a description of efforts made to improve consultation and coordination among and within Federal agencies, and in particular between U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, regarding trade enforcement and trade facilitation;

(5)

a description of the training that has occurred to date within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to improve trade enforcement and trade facilitation, including training at educational seminars carried out under section 104;

(6)

a description of efforts to work with the World Customs Organization and other international organizations, in consultation with other Federal agencies as appropriate, with respect to enhancing trade enforcement and trade facilitation;

(7)

a description of U.S. Custom and Border Protection organizational benchmarks for optimizing staffing and wait times at ports of entry;

(8)

a specific identification of any domestic or international best practices that may further improve trade enforcement and trade facilitation;

(9)

any legislative recommendations to further improve trade enforcement and trade facilitation; and

(10)

a description of efforts made to improve consultation and coordination with the private sector to enhance trade enforcement and trade facilitation.

(c)

Consultations.—

(1)

In general.— In developing the joint strategic plan required under this section, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall consult with—

(A)

appropriate officials from relevant Federal agencies, including—

(i)

the Department of the Treasury;

(ii)

the Department of Agriculture;

(iii)

the Department of Commerce;

(iv)

the Department of Justice;

(v)

the Department of the Interior;

(vi)

the Department of Health and Human Services;

(vii)

the Food and Drug Administration;

(viii)

the Consumer Product Safety Commission; and

(ix)

the Office of the United States Trade Representative; and

(B)

the Commercial Customs Operations Advisory Committee established by section 109.

(2)

Other consultations.— In developing the joint strategic plan required under this section, the Commissioner and the Director shall seek to consult with—

(A)

appropriate officials from relevant foreign law enforcement agencies and international organizations, including the World Customs Organization; and

(B)

interested parties in the private sector.

(d)

Form of Plan.— The joint strategic plan required under this section shall be submitted in unclassified form, but may include a classified annex.

SEC. 106. Automated Commercial Environment.

(a)

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

(1)

by striking “ 2003 through 2005” and inserting “ 2016 through 2018”;

(2)

by striking “ such amounts as are available in that Account” and inserting “ not less than $153,736,000”; and

(3)

by striking “ for the development” and inserting “ to complete the development and implementation”.

(b)

Report.—

(1)

In general.— Not later than December 31, 2016, the Commissioner shall submit to the Committee on Appropriations and the Committee on Finance of the Senate and the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives a report detailing—

(A)

U.S. Customs and Border Protection’s incorporation of all core trade processing capabilities, including cargo release, entry summary, cargo manifest, cargo financial data, and export data elements, into the Automated Commercial Environment not later than September 30, 2016, to conform with the admissibility criteria of agencies participating in the International Trade Data System identified pursuant to paragraph (4)(A)(iii) of section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)), as added by section 107 of this Act;

(B)

U.S. Customs and Border Protection’s remaining priorities for processing entry summary data elements, cargo manifest data elements, cargo financial data elements, and export elements in the Automated Commercial Environment, and the objectives and plans for implementing these remaining priorities;

(C)

the components of the National Customs Automation Program specified in section 411(a)(2) of the Tariff Act of 1930 that have not been implemented; and

(D)

any additional components of the National Customs Automation Program initiated by the Commissioner to complete the development, establishment, and implementation of the Automated Commercial Environment.

(2)

Update of reports.— Not later than September 30, 2017, the Commissioner shall submit to the Committee on Appropriations and the Committee on Finance of the Senate and the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives an updated report addressing each of the matters referred to in paragraph (1), and—

(A)

evaluating the effectiveness of the implementation of the Automated Commercial Environment; and

(B)

detailing the percentage of trade processed in the Automated Commercial Environment every month since September 30, 2016.

(3)

Repeal.— Section 311(b) of the Customs Border Security Act of 2002 (19 U.S.C. 2075 note) is amended by striking paragraph (3).

(c)

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

(1)

assessing the progress of other Federal agencies in accessing and utilizing the Automated Commercial Environment; and

(2)

assessing the potential cost savings to the United States Government and importers and exporters and the potential benefits to enforcement of the customs and trade laws of the United States if the elements identified in subparagraphs (A) through (D) of subsection (b)(1) are implemented.

SEC. 107. International Trade Data System.

Section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) is amended—

(1)

by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;

(2)

by inserting after paragraph (3) the following:

“(4) Information technology infrastructure.—

“(A) In general.—The Secretary shall work with the head of each agency participating in the ITDS and the Interagency Steering Committee to ensure that each agency—

“(i) develops and maintains the necessary information technology infrastructure to support the operation of the ITDS and to submit all data to the ITDS electronically;

“(ii) enters into a memorandum of understanding, or takes such other action as is necessary, to provide for the information sharing between the agency and U.S. Customs and Border Protection necessary for the operation and maintenance of the ITDS;

“(iii) not later than June 30, 2016, identifies and transmits to the Commissioner of U.S. Customs and Border Protection the admissibility criteria and data elements required by the agency to authorize the release of cargo by U.S. Customs and Border Protection for incorporation into the operational functionality of the Automated Commercial Environment computer system authorized under section 13031(f)(4) of the Consolidated Omnibus Budget and Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)); and

“(iv) not later than December 31, 2016, utilizes the ITDS as the primary means of receiving from users the standard set of data and other relevant documentation, exclusive of applications for permits, licenses, or certifications required for the release of imported cargo and clearance of cargo for export.

“(B) Rule of construction.—Nothing in this paragraph shall be construed to require any action to be taken that would compromise an ongoing law enforcement investigation or would compromise national security.”

; and

(3)

in paragraph (8), as redesignated, by striking “ section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note)” and inserting “ section 109 of the Trade Facilitation and Trade Enforcement Act of 2015”.

SEC. 108. Consultations with Respect to Mutual Recognition Arrangements.

(a)

Consultations.— The Secretary of Homeland Security, with respect to any proposed mutual recognition arrangement or similar agreement between the United States and a foreign government providing for mutual recognition of supply chain security programs and customs revenue functions, shall consult with the appropriate congressional committees—

(1)

not later than 30 days before initiating negotiations to enter into any such arrangement or similar agreement; and

(2)

not later than 30 days before entering into any such arrangement or similar agreement.

(b)

Negotiating Objective.— It shall be a negotiating objective of the United States in any negotiation for a mutual recognition arrangement or similar agreement with a foreign country on partnership programs, such as the Customs–Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), to seek to ensure the compatibility of the partnership programs of that country with the partnership programs of U.S. Customs and Border Protection to enhance security, trade facilitation, and trade enforcement.

SEC. 109. Commercial Customs Operations Advisory Committee.

(a)

Establishment.— Not later than the date that is 60 days after the date of the enactment of this Act, the Secretary of the Treasury and the Secretary of Homeland Security shall jointly establish a Commercial Customs Operations Advisory Committee (in this section referred to as the “Advisory Committee”).

(b)

Membership.—

(1)

In general.— The Advisory Committee shall be comprised of—

(A)

20 individuals appointed under paragraph (2);

(B)

the Assistant Secretary for Tax Policy of the Department of the Treasury and the Commissioner, who shall jointly co-chair meetings of the Advisory Committee; and

(C)

the Assistant Secretary for Policy and the Director of U.S. Immigration and Customs Enforcement, who shall serve as deputy co-chairs of meetings of the Advisory Committee.

(2)

Appointment.—

(A)

In general.— The Secretary of the Treasury and the Secretary of Homeland Security shall jointly appoint 20 individuals from the private sector to the Advisory Committee.

(B)

Requirements.— In making appointments under subparagraph (A), the Secretary of the Treasury and the Secretary of Homeland Security shall appoint members—

(i)

to ensure that the membership of the Advisory Committee is representative of the individuals and firms affected by the commercial operations of U.S. Customs and Border Protection; and

(ii)

without regard to political affiliation.

(C)

Terms.— Each individual appointed to the Advisory Committee under this paragraph shall be appointed for a term of not more than 3 years, and may be reappointed to subsequent terms, but may not serve more than 2 terms sequentially.

(3)

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

(c)

Duties.— The Advisory Committee established under subsection (a) shall—

(1)

advise the Secretary of the Treasury and the Secretary of Homeland Security on all matters involving the commercial operations of U.S. Customs and Border Protection, including advising with respect to significant changes that are proposed with respect to regulations, policies, or practices of U.S. Customs and Border Protection;

(2)

provide recommendations to the Secretary of the Treasury and the Secretary of Homeland Security on improvements to the commercial operations of U.S. Customs and Border Protection;

(3)

collaborate in developing the agenda for Advisory Committee meetings; and

(4)

perform such other functions relating to the commercial operations of U.S. Customs and Border Protection as prescribed by law or as the Secretary of the Treasury and the Secretary of Homeland Security jointly direct.

(d)

Meetings.— Notwithstanding section 10(f) of the Federal Advisory Committee Act (5 U.S.C. App.), the Advisory Committee shall meet at the call of the Secretary of the Treasury and the Secretary of Homeland Security, or at the call of not less than ⅔ of the membership of the Advisory Committee. The Advisory Committee shall meet at least 4 times each calendar year.

(e)

Annual Report.— Not later than December 31, 2016, and annually thereafter, the Advisory Committee shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that—

(1)

describes the activities of the Advisory Committee during the preceding fiscal year; and

(2)

sets forth any recommendations of the Advisory Committee regarding the commercial operations of U.S. Customs and Border Protection.

(f)

Termination.— Section 14(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the Advisory Committee.

(g)

Conforming Amendment.—

(1)

In general.— Effective on the date on which the Advisory Committee is established under subsection (a), section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) is repealed.

(2)

Reference.— Any reference in law to the Advisory Committee on Commercial Operations of the United States Customs Service established under section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) made on or after the date on which the Advisory Committee is established under subsection (a), shall be deemed a reference to the Commercial Customs Operations Advisory Committee established under subsection (a).

SEC. 110. Centers of Excellence and Expertise.

(a)

In General.— The Commissioner shall, in consultation with the appropriate congressional committees and the Commercial Customs Operations Advisory Committee established under section 109, develop and implement Centers of Excellence and Expertise throughout U.S. Customs and Border Protection that—

(1)

enhance the economic competitiveness of the United States by consistently enforcing the laws and regulations of the United States at all ports of entry of the United States and by facilitating the flow of legitimate trade through increasing industry-based knowledge;

(2)

improve enforcement efforts, including enforcement of priority trade issues described in section 117, in specific industry sectors through the application of targeting information from the National Targeting Center under section 111 and from other means of verification;

(3)

build upon the expertise of U.S. Customs and Border Protection in particular industry operations, supply chains, and compliance requirements;

(4)

promote the uniform implementation at each port of entry of the United States of policies and regulations relating to imports;

(5)

centralize the trade enforcement and trade facilitation efforts of U.S. Customs and Border Protection;

(6)

formalize an account-based approach to apply, as the Commissioner determines appropriate, to the importation of merchandise into the United States;

(7)

foster partnerships though the expansion of trade programs and other trusted partner programs;

(8)

develop applicable performance measurements to meet internal efficiency and effectiveness goals; and

(9)

whenever feasible, facilitate a more efficient flow of information between Federal agencies.

(b)

Report.— Not later than December 31, 2016, the Commissioner shall submit to the appropriate congressional committees a report describing—

(1)

the scope, functions, and structure of each Center of Excellence and Expertise developed and implemented under subsection (a);

(2)

the effectiveness of each such Center of Excellence and Expertise in improving enforcement efforts, including enforcement of priority trade issues described in section 117, and facilitating legitimate trade;

(3)

the quantitative and qualitative benefits of each such Center of Excellence and Expertise to the trade community, including through fostering partnerships through the expansion of trade programs such as the Importer Self Assessment program and other trusted partner programs;

(4)

all applicable performance measurements with respect to each such Center of Excellence and Expertise, including performance measures with respect to meeting internal efficiency and effectiveness goals;

(5)

the performance of each such Center of Excellence and Expertise in increasing the accuracy and completeness of data with respect to international trade and facilitating a more efficient flow of information between Federal agencies; and

(6)

any planned changes in the number, scope, functions, or any other aspect of the Centers of Excellence and Expertise developed and implemented under subsection (a).

SEC. 111. Commercial Risk Assessment Targeting and Trade Alerts.

(a)

Commercial Risk Assessment Targeting.— In carrying out its duties under section 411(g)(4) of the Homeland Security Act of 2002, as added by section 802(a) of this Act, the National Targeting Center, in coordination with the Office of Trade established under section 4 of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.), as added by section 802(h) of this Act, as appropriate, shall—

(1)

establish targeted risk assessment methodologies and standards—

(A)

for evaluating the risk that cargo destined for the United States may violate the customs and trade laws of the United States, particularly those laws applicable to merchandise subject to the priority trade issues described in section 117; and

(B)

for issuing, as appropriate, Trade Alerts described in subsection (b);

(2)

to the extent practicable and otherwise authorized by law, use, to administer the methodologies and standards established under paragraph (1)—

(A)

publicly available information;

(B)

information available from the Automated Commercial System, the Automated Commercial Environment, the Automated Targeting System, the Automated Export System, the International Trade Data System established under section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)), the TECS (formerly known as the “Treasury Enforcement Communications System”), the case management system of U.S. Immigration and Customs Enforcement, and any successor systems; and

(C)

information made available to the National Targeting Center, including information provided by private sector entities;

(3)

provide for the receipt and transmission to the appropriate U.S. Customs and Border Protection offices of allegations from interested parties in the private sector of violations of customs and trade laws of the United States with respect to merchandise relating to the priority trade issues described in section 117; and

(4)

notify, on a timely basis, each interested party in the private sector that has submitted an allegation of any violation of the customs and trade laws of the United States of any civil or criminal actions taken by U.S. Customs and Border Protection or any other Federal agency resulting from the allegation.

(b)

Trade Alerts.—

(1)

Issuance.— In carrying out its duties under section 411(g)(4) of the Homeland Security Act of 2002, as added by section 802(a) of this Act, and based upon the application of the targeted risk assessment methodologies and standards established under subsection (a), the Executive Director of the National Targeting Center may issue Trade Alerts to directors of United States ports of entry directing further inspection, or physical examination or testing, of specific merchandise to ensure compliance with all applicable customs and trade laws of the United States and regulations administered by U.S. Customs and Border Protection.

(2)

Determinations not to implement trade alerts.— The director of a United States port of entry may determine not to conduct further inspections, or physical examination or testing, pursuant to a Trade Alert issued under paragraph (1) if the director—

(A)

finds that such a determination is justified by port security interests; and

(B)

not later than 48 hours after making the determination, notifies the Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection of the determination and the reasons for the determination.

(3)

Summary of determinations not to implement.— The Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection shall—

(A)

compile an annual summary of all determinations by directors of United States ports of entry under paragraph (2) and the reasons for those determinations;

(B)

conduct an evaluation of the utilization of Trade Alerts issued under paragraph (1); and

(C)

not later than December 31 of each calendar year, submit the summary to the appropriate congressional committees.

(4)

Inspection defined.— In this subsection, the term “inspection” means the comprehensive evaluation process used by U.S. Customs and Border Protection, other than physical examination or testing, to permit the entry of merchandise into the United States, or the clearance of merchandise for transportation in bond through the United States, for purposes of—

(A)

assessing duties;

(B)

identifying restricted or prohibited items; and

(C)

ensuring compliance with all applicable customs and trade laws of the United States and regulations administered by U.S. Customs and Border Protection.

(c)

Use of Trade Data for Commercial Enforcement Purposes.— Section 343(a)(3)(F) of the Trade Act of 2002 (19 U.S.C. 2071 note) is amended to read as follows:

“(F) The information collected pursuant to the regulations shall be used exclusively for ensuring cargo safety and security, preventing smuggling, and commercial risk assessment targeting, and shall not be used for any commercial enforcement purposes, including for determining merchandise entry. Notwithstanding the preceding sentence, nothing in this section shall be treated as amending, repealing, or otherwise modifying title IV of the Tariff Act of 1930 or regulations promulgated thereunder.”

SEC. 112. Report on Oversight of Revenue Protection and Enforcement Measures.

(a)

In General.— Not later than June 30, 2016, and not later than March 31 of each second year thereafter, the Inspector General of the Department of the Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report assessing, with respect to the period covered by the report, as specified in subsection (b), the following:

(1)

The effectiveness of the measures taken by U.S. Customs and Border Protection with respect to protection of revenue, including—

(A)

the collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.);

(B)

the assessment, collection, and mitigation of commercial fines and penalties;

(C)

the use of bonds, including continuous and single transaction bonds, to secure that revenue; and

(D)

the adequacy of the policies of U.S. Customs and Border Protection with respect to the monitoring and tracking of merchandise transported in bond and collecting duties, as appropriate.

(2)

The effectiveness of actions taken by U.S. Customs and Border Protection to measure accountability and performance with respect to protection of revenue.

(3)

The number and outcome of investigations instituted by U.S. Customs and Border Protection with respect to the underpayment of duties.

(4)

The effectiveness of training with respect to the collection of duties provided for personnel of U.S. Customs and Border Protection.

(b)

Period Covered by Report.— Each report required by subsection (a) shall cover the period of 2 fiscal years ending on September 30 of the calendar year preceding the submission of the report.

SEC. 113. Report on Security and Revenue Measures with Respect to Merchandise Transported in Bond.

(a)

In General.— Not later than December 31 of 2016, 2017, and 2018, the Secretary of Homeland Security and the Secretary of the Treasury shall jointly submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on efforts undertaken by U.S. Customs and Border Protection to ensure the secure transportation of merchandise in bond through the United States and the collection of revenue owed upon the entry of such merchandise into the United States for consumption.

(b)

Elements.— Each report required by subsection (a) shall include, for the fiscal year preceding the submission of the report, information on—

(1)

the overall number of entries of merchandise for transportation in bond through the United States;

(2)

the ports at which merchandise arrives in the United States for transportation in bond and at which records of the arrival of such merchandise are generated;

(3)

the average time taken to reconcile such records with the records at the final destination of the merchandise in the United States to demonstrate that the merchandise reaches its final destination or is re-exported;

(4)

the average time taken to transport merchandise in bond from the port at which the merchandise arrives in the United States to its final destination in the United States;

(5)

the total amount of duties, taxes, and fees owed with respect to shipments of merchandise transported in bond and the total amount of such duties, taxes, and fees paid;

(6)

the total number of notifications by carriers of merchandise being transported in bond that the destination of the merchandise has changed; and

(7)

the number of entries that remain unreconciled.

SEC. 114. Importer of Record Program.

(a)

Establishment.— Not later than the date that is 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish an importer of record program to assign and maintain importer of record numbers.

(b)

Requirements.— The Secretary shall ensure that, as part of the importer of record program, U.S. Customs and Border Protection—

(1)

develops criteria that importers must meet in order to obtain an importer of record number, including—

(A)

criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to verify the existence of the importer requesting the importer of record number;

(B)

criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to identify linkages or other affiliations between importers that are requesting or have been assigned importer of record numbers; and

(C)

criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to identify changes in address and corporate structure of importers;

(2)

provides a process by which importers are assigned importer of record numbers;

(3)

maintains a centralized database of importer of record numbers, including a history of importer of record numbers associated with each importer, and the information described in subparagraphs (A), (B), and (C) of paragraph (1);

(4)

evaluates and maintains the accuracy of the database if such information changes; and

(5)

takes measures to ensure that duplicate importer of record numbers are not issued.

(c)

Report.— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the importer of record program established under subsection (a).

(d)

Number Defined.— In this section, the term “number”, with respect to an importer of record, means a filing identification number described in section 24.5 of title 19, Code of Federal Regulations (or any corresponding similar regulation) that fully supports the requirements of subsection (b) with respect to the collection and maintenance of information.

SEC. 115. Establishment of Importer Risk Assessment Program.

(a)

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

(b)

Requirements.— The Commissioner shall ensure that, as part of the program established under subsection (a), U.S. Customs and Border Protection—

(1)

develops risk assessment guidelines for importers, including new importers and nonresident importers, to determine if and to what extent—

(A)

to adjust bond amounts of imported products of such importers; and

(B)

to increase screening of imported products of such importers;

(2)

develops procedures to ensure increased oversight of imported products of new importers, including nonresident importers, relating to the enforcement of the priority trade issues described in section 117;

(3)

develops procedures to ensure increased oversight of imported products of new importers, including new nonresident importers, by Centers of Excellence and Expertise established under section 110; and

(4)

establishes a centralized database of new importers, including new nonresident importers, to ensure accuracy of information that is required to be provided by such importers to U.S. Customs and Border Protection.

(c)

Exclusion of Certain Importers.— This section shall not apply to an importer that is a validated Tier 2 or Tier 3 participant in the Customs–Trade Partnership Against Terrorism program established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.).

(d)

Report.— Not later than the date that is 2 years after the date of the enactment of this Act, the Inspector General of the Department of the Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report detailing—

(1)

the risk assessment guidelines developed under subsection (b)(1);

(2)

the procedures developed under subsection (b)(2) to ensure increased oversight of imported products of new importers, including new nonresident importers, relating to the enforcement of priority trade issues described in section 117;

(3)

the procedures developed under subsection (b)(3) to ensure increased oversight of imported products of new importers, including new nonresident importers, by Centers of Excellence and Expertise established under section 110; and

(4)

the number of bonds adjusted based on the risk assessment guidelines developed under subsection (b)(1).

(e)

Definitions.— In this section:

(1)

Importer.— The term “importer” means one of the parties qualifying as an importer of record under section 484(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)).

(2)

Nonresident importer.— The term “nonresident importer” means an importer who is—

(A)

an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or

(B)

a partnership, corporation, or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule of the United States) or in the Virgin Islands of the United States.

SEC. 116. Customs Broker Identification of Importers.

(a)

In General.— Section 641 of the Tariff Act of 1930 (19 U.S.C. 1641) is amended by adding at the end the following:

“(i) Identification of Importers.—

“(1) In general.—The Secretary shall prescribe regulations setting forth the minimum standards for customs brokers and importers, including nonresident importers, regarding the identity of the importer that shall apply in connection with the importation of merchandise into the United States.

“(2) Minimum requirements.—The regulations required under paragraph (1) shall, at a minimum—

“(A) identify the information that an importer, including a nonresident importer, is required to submit to a broker and that a broker is required to collect in order to verify the identity of the importer;

“(B) identify reasonable procedures that a broker is required to follow in order to verify the authenticity of information collected from an importer; and

“(C) require a broker to maintain records of the information collected by the broker to verify the identity of an importer.

“(3) Penalties.—Any customs broker who fails to collect information required under the regulations prescribed under this subsection shall be liable to the United States, at the discretion of the Secretary, for a monetary penalty not to exceed $10,000 for each violation of those regulations and shall be subject to revocation or suspension of a license or permit of the customs broker pursuant to the procedures set forth in subsection (d). This penalty shall be assessed in the same manner and under the same procedures as the monetary penalties provided for in subsection (d)(2)(A).

“(4) Definitions.—In this subsection:

“(A) Importer.—The term ‘importer’ means one of the parties qualifying as an importer of record under section 484(a)(2)(B).

“(B) Nonresident importer.—The term ‘nonresident importer’ means an importer who is—

“(i) an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or

“(ii) a partnership, corporation, or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule of the United States) or in the Virgin Islands of the United States.”

(b)

Study and Report Required.— Not later than the date that is 180 days after the date of the enactment of this Act, the Commissioner shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report containing recommendations for—

(1)

determining the most timely and effective way to require foreign nationals to provide customs brokers with appropriate and accurate information, comparable to that which is required of United States nationals, concerning the identity, address, and other related information relating to such foreign nationals necessary to enable customs brokers to comply with the requirements of section 641(i) of the Tariff Act of 1930 (as added by subsection (a) of this section); and

(2)

establishing a system for customs brokers to review information maintained by relevant Federal agencies for purposes of verifying the identities of importers, including nonresident importers, seeking to import merchandise into the United States.

SEC. 117. Priority Trade Issues.

(a)

In General.— The Commissioner shall establish the following as priority trade issues:

(1)

Agriculture programs.

(2)

Antidumping and countervailing duties.

(3)

Import safety.

(4)

Intellectual property rights.

(5)

Revenue.

(6)

Textiles and wearing apparel.

(7)

Trade agreements and preference programs.

(b)

Modification.— The Commissioner is authorized to establish new priority trade issues and eliminate, consolidate, or otherwise modify the priority trade issues described in subsection (a) if the Commissioner—

(1)

determines it necessary and appropriate to do so; and

(2)

(A)

in the case of new priority trade issues, submits to the appropriate congressional committees a summary of proposals to establish such new priority trade issues not later than 30 days after such new priority trade issues are to take effect; and

(B)

in the case of existing priority trade issues, submits to the appropriate congressional committees a summary of proposals to eliminate, consolidate, or otherwise modify such existing priority trade issues not later than 60 days before such changes are to take effect.

SEC. 118. Appropriate Congressional Committees Defined.

In this title, the term “appropriate congressional committees” means—

(1)

the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2)

the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives.

Title I — Trade Facilitation and Trade Enforcement

TITLE I Trade Facilitation and Trade Enforcement