Pub.L. 114-125

PUBLIC LAW 114–125—FEB. 24, 2016

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TRADE FACILITATION AND TRADE
ENFORCEMENT ACT OF 2015

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130 STAT. 122

PUBLIC LAW 114–125—FEB. 24, 2016

Public Law 114–125
114th Congress
An Act
Feb. 24, 2016
[H.R. 644]
Trade
Facilitation
and Trade
Enforcement
Act of 2015.
19 USC 4301
note.

To reauthorize trade facilitation and trade enforcement functions and activities,
and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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.

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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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PUBLIC LAW 114–125—FEB. 24, 2016
Sec.
Sec.
Sec.
Sec.
Sec.

307.
308.
309.
310.
311.

130 STAT. 123

Personnel dedicated to the enforcement of intellectual property rights.
Training with respect to the enforcement of intellectual property rights.
International cooperation and information sharing.
Report on intellectual property rights enforcement.
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
411. Trade remedy law enforcement division.
412. Collection of information on evasion of trade remedy laws.
413. Access to information.
414. Cooperation with foreign countries on preventing evasion of trade remedy
laws.
Sec. 415. Trade negotiating objectives.
Sec.
Sec.
Sec.
Sec.

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.

Sec.
Sec.
Sec.
Sec.
Sec.

TITLE V—SMALL BUSINESS TRADE ISSUES AND STATE TRADE
COORDINATION
501. Short title.
502. Outreach and input from small businesses to trade promotion authority.
503. State Trade Expansion Program.
504. State and Federal Export Promotion Coordination.
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.

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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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130 STAT. 124

PUBLIC LAW 114–125—FEB. 24, 2016

Sec. 802. Establishment of U.S. Customs and Border Protection.
Subtitle B—Preclearance Operations
Short title.
Definitions.
Establishment of preclearance operations.
Notification and certification to Congress.
Protocols.
Lost and stolen passports.
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.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

811.
812.
813.
814.
815.
816.
817.

Sec.
Sec.
Sec.
Sec.

901.
902.
903.
904.

Sec. 905.
Sec.
Sec.
Sec.
Sec.
Sec.

906.
907.
908.
909.
910.

Sec.
Sec.
Sec.
Sec.

911.
912.
913.
914.

Sec. 915.
Sec. 916.
Sec. 917.
Sec. 918.
Sec.
Sec.
Sec.
Sec.

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19 USC 4301.

919.
920.
921.
922.

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

SEC. 2. DEFINITIONS.

In this Act:
(1) AUTOMATED COMMERCIAL ENVIRONMENT.—The term
‘‘Automated Commercial Environment’’ means the Automated
Commercial Environment computer system authorized under
section 13031(f)(4) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)).
(2) COMMERCIAL OPERATIONS OF U.S. CUSTOMS AND BORDER
PROTECTION.—The term ‘‘commercial operations of U.S. Customs and Border Protection’’ includes—
(A) administering any customs revenue function (as
defined in section 415 of the Homeland Security Act of
2002 (6 U.S.C. 215));
(B) coordinating efforts of the Department of Homeland
Security with respect to trade facilitation and trade enforcement;
(C) coordinating with the Director of U.S. Immigration
and Customs Enforcement with respect to—
(i) investigations relating to trade enforcement;
and

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PUBLIC LAW 114–125—FEB. 24, 2016

130 STAT. 125

(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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130 STAT. 126

PUBLIC LAW 114–125—FEB. 24, 2016
(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

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SEC. 101. IMPROVING PARTNERSHIP PROGRAMS.

19 USC 4311.

(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

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Consultation.

Coordination.

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Criteria.

Summaries.

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Assessment.

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PUBLIC LAW 114–125—FEB. 24, 2016

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

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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.

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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.

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19 USC 4312.

Consultation.

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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) 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.

Deadline.

19 USC 4313.

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Review.

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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.

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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) 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

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Federal Register,
publication.

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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.
19 USC 4314.

SEC. 105. JOINT STRATEGIC PLAN.

Deadlines.

(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;

Summary.
Time period.

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Recommendations.

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(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.

Recommendations.

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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—

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Evaluation.

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PUBLIC LAW 114–125—FEB. 24, 2016

(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—

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(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.

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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’’.

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Memorandum.

Deadline.

Deadline.

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

19 USC 4315.

(a) CONSULTATIONS.—The Secretary of Homeland Security, with
respect to any proposed mutual recognition arrangement or similar

Deadlines.

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PUBLIC LAW 114–125—FEB. 24, 2016

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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.

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19 USC 4316.

SEC. 109. COMMERCIAL CUSTOMS OPERATIONS ADVISORY COMMITTEE.

Deadline.

(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.

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PUBLIC LAW 114–125—FEB. 24, 2016

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) 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).

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Effective date.
Repeal.

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130 STAT. 138

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PUBLIC LAW 114–125—FEB. 24, 2016

19 USC 4317.

SEC. 110. CENTERS OF EXCELLENCE AND EXPERTISE.

Consultation.

(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

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(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).

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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

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19 USC 4318.

Notification.

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Deadline.
Notification.

Evaluation.
Deadline.

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19 USC 4319.

PUBLIC LAW 114–125—FEB. 24, 2016

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

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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.

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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

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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.

19 USC 4320.

SEC. 114. IMPORTER OF RECORD PROGRAM.

Deadline.

(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.

Criteria.

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Evaluation.

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PUBLIC LAW 114–125—FEB. 24, 2016

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130 STAT. 143

SEC. 115. ESTABLISHMENT OF IMPORTER RISK ASSESSMENT PROGRAM.

19 USC 4321.

(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:

Deadline.

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Procedures.

Guidelines.

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PUBLIC LAW 114–125—FEB. 24, 2016
(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.

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Regulations.

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(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

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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.

19 USC 4322.

(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.

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SEC. 118. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

Determination.
Deadlines.

19 USC 4323.

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.

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PUBLIC LAW 114–125—FEB. 24, 2016

TITLE II—IMPORT HEALTH AND SAFETY

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19 USC 4331.

SEC. 201. INTERAGENCY IMPORT SAFETY WORKING GROUP.

(a) ESTABLISHMENT.—There is established an interagency
Import Safety Working Group.
(b) MEMBERSHIP.—The interagency Import Safety Working
Group shall consist of the following officials or their designees:
(1) The Secretary of Homeland Security, who shall serve
as the Chair.
(2) The Secretary of Health and Human Services, who
shall serve as the Vice Chair.
(3) The Secretary of the Treasury.
(4) The Secretary of Commerce.
(5) The Secretary of Agriculture.
(6) The United States Trade Representative.
(7) The Director of the Office of Management and Budget.
(8) The Commissioner of Food and Drugs.
(9) The Commissioner of U.S. Customs and Border Protection.
(10) The Chairman of the Consumer Product Safety
Commission.
(11) The Director of U.S. Immigration and Customs
Enforcement.
(12) The head of any other Federal agency designated
by the President to participate in the interagency Import Safety
Working Group, as appropriate.
(c) DUTIES.—The duties of the interagency Import Safety
Working Group shall include—
(1) consulting on the development of the joint import safety
rapid response plan required by section 202;
(2) periodically evaluating the adequacy of the plans, practices, and resources of the Federal Government dedicated to
ensuring the safety of merchandise imported into the United
States and the expeditious entry of such merchandise,
including—
(A) minimizing the duplication of efforts among Federal
agencies the heads of which are members of the interagency
Import Safety Working Group and ensuring the compatibility of the policies and regulations of those agencies;
and
(B) recommending additional administrative actions,
as appropriate, designed to ensure the safety of merchandise imported into the United States and the expeditious
entry of such merchandise and considering the impact of
those actions on private sector entities;
(3) reviewing the engagement and cooperation of foreign
governments and foreign manufacturers in facilitating the
inspection and certification, as appropriate, of such merchandise
to be imported into the United States and the facilities producing such merchandise to ensure the safety of the merchandise and the expeditious entry of the merchandise into the
United States;
(4) identifying best practices, in consultation with private
sector entities as appropriate, to assist United States importers

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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.

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SEC. 202. JOINT IMPORT SAFETY RAPID RESPONSE PLAN.

19 USC 4332.

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

Deadline.
Consultation.

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Review.

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Testing.
Evaluation.

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19 USC 4333.

PUBLIC LAW 114–125—FEB. 24, 2016

plan, as appropriate, after conducting exercises under subsection
(d).
(d) IMPORT HEALTH AND SAFETY EXERCISES.—
(1) IN GENERAL.—The Secretary of Homeland Security and
the Commissioner shall periodically engage in the exercises
referred to in subsection (b)(4), in conjunction with Federal,
State, and local agencies and private sector entities, as appropriate, to test and evaluate the protocols and practices identified
in the joint import safety rapid response plan at United States
ports of entry.
(2) REQUIREMENTS FOR EXERCISES.—In conducting exercises
under paragraph (1), the Secretary and the Commissioner
shall—
(A) make allowance for the resources, needs, and constraints of United States ports of entry of different sizes
in representative geographic locations across the United
States;
(B) base evaluations on current risk assessments of
merchandise entering the United States at representative
United States ports of entry located across the United
States;
(C) ensure that such exercises are conducted in a
manner consistent with the National Incident Management
System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness
Guidelines, the Maritime Transportation System Security
Plan, and other such national initiatives of the Department
of Homeland Security, as appropriate; and
(D) develop metrics with respect to the resumption
of the entry of merchandise into the United States after
an incident described in subsection (a)(1).
(3) REQUIREMENTS FOR TESTING AND EVALUATION.—The
Secretary and the Commissioner shall ensure that the testing
and evaluation carried out in conducting exercises under paragraph (1)—
(A) are performed using clear and objective performance measures; and
(B) result in the identification of specific recommendations or best practices for responding to an incident
described in subsection (a)(1).
(4) DISSEMINATION OF RECOMMENDATIONS AND BEST PRACTICES.—The Secretary and the Commissioner shall—
(A) share the recommendations or best practices identified under paragraph (3)(B) among the members of the
interagency Import Safety Working Group established
under section 201 and with, as appropriate—
(i) State, local, and tribal governments;
(ii) foreign governments; and
(iii) private sector entities; and
(B) use such recommendations and best practices to
update the joint import safety rapid response plan.
SEC. 203. TRAINING.

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

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

TITLE III—IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY
RIGHTS
SEC. 301. DEFINITION OF INTELLECTUAL PROPERTY RIGHTS.

19 USC 4341.

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:

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‘‘SEC.

628A.

EXCHANGE OF
ENFORCEMENT.

INFORMATION

RELATED

TO

TRADE

19 USC 1628a.

‘‘(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

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PUBLIC LAW 114–125—FEB. 24, 2016

of a work, and being imported in violation of section 1201(b)(1)
of that title, the owner of the copyright.
‘‘(c) LIMITATION.—Subsection (a) applies only with respect to
merchandise suspected of infringing a trademark or copyright that
is recorded with U.S. Customs and Border Protection.
‘‘(d) EXCEPTION.—The Commissioner may not provide under
subsection (a) information, photographs, or samples to a person
described in subsection (b) if providing such information, photographs, or samples would compromise an ongoing law enforcement
investigation or national security.’’.
(b) TERMINATION OF PREVIOUS AUTHORITY.—Notwithstanding
paragraph (2) of section 818(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1496;
10 U.S.C. 2302 note), paragraph (1) of that section shall have
no force or effect on or after the date of the enactment of this
Act.

Applicability.

10 USC 2302
note.

SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES.

Deadlines.
19 USC 4342.

List.

Federal Register,
publication.
Procedures.

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Deadline.
19 USC 4343.

(a) IN GENERAL.—Section 596(c)(2) of the Tariff Act of 1930
(19 U.S.C. 1595a(c)(2)) is amended—
(1) in subparagraph (E), by striking ‘‘or’’;
(2) in subparagraph (F), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(G) U.S. Customs and Border Protection determines
it is a technology, product, service, device, component, or
part thereof the importation of which is prohibited under
subsection (a)(2) or (b)(1) of section 1201 of title 17, United
States Code.’’.
(b) NOTIFICATION OF PERSONS INJURED.—
(1) IN GENERAL.—Not later than the date that is 30 business days after seizing merchandise pursuant to subparagraph
(G) of section 596(c)(2) of the Tariff Act of 1930, as added
by subsection (a), the Commissioner shall provide to any person
identified under paragraph (2) information regarding the merchandise seized that is equivalent to information provided to
copyright owners under regulations of U.S. Customs and Border
Protection for merchandise seized for violation of the copyright
laws.
(2) PERSONS TO BE PROVIDED INFORMATION.—Any person
injured by the violation of subsection (a)(2) or (b)(1) of section
1201 of title 17, United States Code, that resulted in the
seizure of the merchandise shall be provided information under
paragraph (1), if that person is included on a list to be established and maintained by the Commissioner. The Commissioner
shall publish notice of the establishment of and revisions to
the list in the Federal Register.
(3) REGULATIONS.—Not later than the date that is one
year after the date of the enactment of this Act, the Secretary
of the Treasury shall prescribe regulations establishing procedures that implement this subsection.
SEC. 304. ENFORCEMENT BY U.S. CUSTOMS AND BORDER PROTECTION
OF WORKS FOR WHICH COPYRIGHT REGISTRATION IS
PENDING.

Not later than the date that is 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall authorize a process pursuant to which the Commissioner

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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.

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SEC. 305. NATIONAL INTELLECTUAL PROPERTY RIGHTS COORDINATION CENTER.

(a) ESTABLISHMENT.—The Secretary of Homeland Security
shall—
(1) establish within U.S. Immigration and Customs
Enforcement a National Intellectual Property Rights Coordination Center; and
(2) appoint an Assistant Director to head the National
Intellectual Property Rights Coordination Center.
(b) DUTIES.—The Assistant Director of the National Intellectual
Property Rights Coordination Center shall—
(1) coordinate the investigation of sources of merchandise
that infringe intellectual property rights to identify organizations and individuals that produce, smuggle, or distribute such
merchandise;
(2) conduct and coordinate training with other domestic
and international law enforcement agencies on investigative
best practices—
(A) to develop and expand the capability of such agencies to enforce intellectual property rights; and
(B) to develop metrics to assess whether the training
improved enforcement of intellectual property rights;
(3) coordinate, with U.S. Customs and Border Protection,
activities conducted by the United States to prevent the
importation or exportation of merchandise that infringes
intellectual property rights;
(4) support the international interdiction of merchandise
destined for the United States that infringes intellectual property rights;
(5) collect and integrate information regarding infringement
of intellectual property rights from domestic and international
law enforcement agencies and other non-Federal sources;
(6) develop a means to receive and organize information
regarding infringement of intellectual property rights from such
agencies and other sources;
(7) disseminate information regarding infringement of
intellectual property rights to other Federal agencies, as appropriate;
(8) develop and implement risk-based alert systems, in
coordination with U.S. Customs and Border Protection, to
improve the targeting of persons that repeatedly infringe
intellectual property rights;
(9) coordinate with the offices of United States attorneys
in order to develop expertise in, and assist with the investigation and prosecution of, crimes relating to the infringement
of intellectual property rights; and
(10) carry out such other duties as the Secretary of Homeland Security may assign.

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19 USC 4344.

Appointment.

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(c) COORDINATION WITH OTHER AGENCIES.—In carrying out
the duties described in subsection (b), the Assistant Director of
the National Intellectual Property Rights Coordination Center shall
coordinate with—
(1) U.S. Customs and Border Protection;
(2) the Food and Drug Administration;
(3) the Department of Justice;
(4) the Department of Commerce, including the United
States Patent and Trademark Office;
(5) the United States Postal Inspection Service;
(6) the Office of the United States Trade Representative;
(7) any Federal, State, local, or international law enforcement agencies that the Director of U.S. Immigration and Customs Enforcement considers appropriate; and
(8) any other entities that the Director considers appropriate.
(d) PRIVATE SECTOR OUTREACH.—
(1) IN GENERAL.—The Assistant Director of the National
Intellectual Property Rights Coordination Center shall work
with U.S. Customs and Border Protection and other Federal
agencies to conduct outreach to private sector entities in order
to determine trends in and methods of infringing intellectual
property rights.
(2) INFORMATION SHARING.—The Assistant Director shall
share information and best practices with respect to the enforcement of intellectual property rights with private sector entities,
as appropriate, in order to coordinate public and private sector
efforts to combat the infringement of intellectual property
rights.
SEC. 306. JOINT STRATEGIC PLAN FOR THE ENFORCEMENT OF
INTELLECTUAL PROPERTY RIGHTS.

19 USC 4345.

List.
Time period.

Recommendations.

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19 USC 4346.

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

307.

PERSONNEL DEDICATED TO THE
INTELLECTUAL PROPERTY RIGHTS.

ENFORCEMENT

OF

(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.

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

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

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SEC.

309.

INTERNATIONAL
SHARING.

COOPERATION

AND

19 USC 4347.

Consultation.

Deadline.
Regulations.

INFORMATION

19 USC 4348.

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

Coordination.

SEC. 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT.

Summaries.
19 USC 4349.

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

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130 STAT. 154

PUBLIC LAW 114–125—FEB. 24, 2016

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

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PUBLIC LAW 114–125—FEB. 24, 2016

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. INFORMATION FOR TRAVELERS REGARDING VIOLATIONS OF
INTELLECTUAL PROPERTY RIGHTS.

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

TITLE IV—PREVENTION OF EVASION OF
ANTIDUMPING
AND
COUNTERVAILING DUTY ORDERS
SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘Enforce and Protect Act of
2015’’.

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SEC. 402. DEFINITIONS.

19 USC 4350.

Time period.
Warning.

Enforce and
Protect Act
of 2015.

19 USC 4301
note.

19 USC 4361.

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.

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PUBLIC LAW 114–125—FEB. 24, 2016
(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.).

19 USC 4362.

SEC. 403. APPLICATION TO CANADA AND MEXICO.

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

Subtitle A—Actions Relating to
Enforcement of Trade Remedy Laws

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19 USC 4371.

SEC. 411. TRADE REMEDY LAW ENFORCEMENT DIVISION.

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

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PUBLIC LAW 114–125—FEB. 24, 2016

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

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130 STAT. 158

PUBLIC LAW 114–125—FEB. 24, 2016

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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.

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19 USC 4372.

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

Determination.

(a) AUTHORITY TO COLLECT INFORMATION.—To determine
whether covered merchandise is being entered into the customs
territory of the United States through evasion, the Secretary, acting
through the Commissioner—
(1) shall exercise all existing authorities to collect information needed to make the determination; and
(2) may collect such additional information as is necessary
to make the determination through such methods as the

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PUBLIC LAW 114–125—FEB. 24, 2016

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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.

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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’’.

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130 STAT. 160
19 USC 4373.

(b) ADDITIONAL INFORMATION.—Notwithstanding any other
provision of law, the Secretary is authorized to provide to the
Secretary of Commerce or the United States International Trade
Commission any information that is necessary to enable the Secretary of Commerce or the United States International Trade
Commission to assist the Secretary to identify, through risk assessment targeting or otherwise, covered merchandise that is entered
into the customs territory of the United States through evasion.

19 USC 4374.

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

Negotiation.

Regulations.
Procedures.
Records.
Determination.

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Verification.
Determination.

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PUBLIC LAW 114–125—FEB. 24, 2016

15:35 Jun 21, 2016

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

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(2) the terms of any completed bilateral agreements
described in subsection (a); and
(3) bilateral cooperation and other activities conducted
pursuant to or enabled by any completed bilateral agreements
described in subsection (a).
SEC. 415. TRADE NEGOTIATING OBJECTIVES.

19 USC 4375.

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:

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

19 USC 1517.

‘‘(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,

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or act that is false as a result of a clerical error;
or
‘‘(II) an omission that results from a clerical
error.
‘‘(ii) PATTERNS OF NEGLIGENT CONDUCT.—If the
Commissioner determines that a person has entered
covered merchandise into the customs territory of the
United States by means of a clerical error referred
to in subclause (I) or (II) of clause (i) and that the
clerical error is part of a pattern of negligent conduct
on the part of that person, the Commissioner may
determine, notwithstanding clause (i), that the person
has entered such covered merchandise into the customs
territory of the United States through evasion.
‘‘(iii) ELECTRONIC REPETITION OF ERRORS.—For purposes of clause (ii), the mere nonintentional repetition
by an electronic system of an initial clerical error does
not constitute a pattern of negligent conduct.
‘‘(iv) RULE OF CONSTRUCTION.—A determination by
the Commissioner that a person has entered covered
merchandise into the customs territory of the United
States by means of a clerical error referred to in subclause (I) or (II) of clause (i) rather than through
evasion shall not be construed to excuse that person
from the payment of any duties applicable to the merchandise.
‘‘(6) INTERESTED PARTY.—
‘‘(A) IN GENERAL.—The term ‘interested party’ means—
‘‘(i) a foreign manufacturer, producer, or exporter,
or the United States importer, of covered merchandise
or a trade or business association a majority of the
members of which are producers, exporters, or
importers of such merchandise;
‘‘(ii) a manufacturer, producer, or wholesaler in
the United States of a domestic like product;
‘‘(iii) a certified union or recognized union or group
of workers that is representative of an industry
engaged in the manufacture, production, or wholesale
in the United States of a domestic like product;
‘‘(iv) a trade or business association a majority
of the members of which manufacture, produce, or
wholesale a domestic like product in the United States;
‘‘(v) an association a majority of the members of
which is composed of interested parties described in
clause (ii), (iii), or (iv) with respect to a domestic like
product; and
‘‘(vi) if the covered merchandise is a processed
agricultural product, as defined in section 771(4)(E),
a coalition or trade association that is representative
of either—
‘‘(I) processors;
‘‘(II) processors and producers; or
‘‘(III) processors and growers.
‘‘(B) DOMESTIC LIKE PRODUCT.—For purposes of
subparagraph (A), the term ‘domestic like product’ means
a product that is like, or in the absence of like, most

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similar in characteristics and uses with, covered merchandise.
‘‘(b) INVESTIGATIONS.—
‘‘(1) IN GENERAL.—Not later than 15 business days after
receiving an allegation described in paragraph (2) or a referral
described in paragraph (3), the Commissioner shall initiate
an investigation if the Commissioner determines that the
information provided in the allegation or the referral, as the
case may be, reasonably suggests that covered merchandise
has been entered into the customs territory of the United
States through evasion.
‘‘(2) ALLEGATION DESCRIBED.—An allegation described in
this paragraph is an allegation that a person has entered
covered merchandise into the customs territory of the United
States through evasion that is—
‘‘(A) filed with the Commissioner by an interested
party; and
‘‘(B) accompanied by information reasonably available
to the party that filed the allegation.
‘‘(3) REFERRAL DESCRIBED.—A referral described in this
paragraph is information submitted to the Commissioner by
any other Federal agency, including the Department of Commerce or the United States International Trade Commission,
that reasonably suggests that a person has entered covered
merchandise into the customs territory of the United States
through evasion.
‘‘(4) CONSIDERATION BY ADMINISTERING AUTHORITY.—
‘‘(A) IN GENERAL.—If the Commissioner receives an
allegation under paragraph (2) and is unable to determine
whether the merchandise at issue is covered merchandise,
the Commissioner shall—
‘‘(i) refer the matter to the administering authority
to determine whether the merchandise is covered merchandise pursuant to the authority of the administering authority under title VII; and
‘‘(ii) notify the party that filed the allegation, and
any other interested party participating in the investigation, of the referral.
‘‘(B) DETERMINATION; TRANSMISSION TO COMMISSIONER.—After receiving a referral under subparagraph
(A)(i) with respect to merchandise, the administering
authority shall determine whether the merchandise is covered merchandise and promptly transmit that determination to the Commissioner.
‘‘(C) STAY OF DEADLINES.—The period required for any
referral and determination under this paragraph shall not
be counted in calculating any deadline under this section.
‘‘(D) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to affect the authority of an
interested party to commence an action in the United
States Court of International Trade under section
516A(a)(2) with respect to a determination of the administering authority under this paragraph.
‘‘(5) CONSOLIDATION OF ALLEGATIONS AND REFERRALS.—
‘‘(A) IN GENERAL.—The Commissioner may consolidate
multiple allegations described in paragraph (2) and referrals described in paragraph (3) into a single investigation

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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) 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;

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

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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) suspend the liquidation of unliquidated entries
of such covered merchandise that are subject to the determination and that enter on or after the date of the initiation
of the investigation under subsection (b) with respect to
such covered merchandise and on or before the date of
the determination; or
‘‘(ii) if the Commissioner has already suspended the
liquidation of such entries pursuant to subsection (e)(1),
continue to suspend the liquidation of such entries;
‘‘(B) pursuant to the Commissioner’s authority under
section 504(b)—
‘‘(i) extend the period for liquidating unliquidated
entries of such covered merchandise that are subject
to the determination and that entered before the date
of the initiation of the investigation; or
‘‘(ii) if the Commissioner has already extended the
period for liquidating such entries pursuant to subsection (e)(1), continue to extend the period for liquidating such entries;
‘‘(C) notify the administering authority of the determination and request that the administering authority—
‘‘(i) identify the applicable antidumping or countervailing duty assessment rates for entries described in
subparagraphs (A) and (B); or
‘‘(ii) if no such assessment rate for such an entry
is available at the time, identify the applicable cash
deposit rate to be applied to the entry, with the
applicable antidumping or countervailing duty assessment rate to be provided as soon as that rate becomes
available;
‘‘(D) require the posting of cash deposits and assess
duties on entries described in subparagraphs (A) and (B)
in accordance with the instructions received from the
administering authority under paragraph (2); and
‘‘(E) take such additional enforcement measures as the
Commissioner determines appropriate, such as—
‘‘(i) initiating proceedings under section 592 or 596;

Suspension.

Extension.

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‘‘(ii) implementing, in consultation with the relevant Federal agencies, rule sets or modifications to
rule sets for identifying, particularly through the Automated Targeting System and the Automated Commercial Environment authorized under section 13031(f)(4)
of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (19 U.S.C. 58c(f)(4)), importers, other parties,
and merchandise that may be associated with evasion;
‘‘(iii) requiring, with respect to merchandise for
which the importer has repeatedly provided incomplete
or erroneous entry summary information in connection
with determinations of evasion, the importer to deposit
estimated duties at the time of entry; and
‘‘(iv) referring the record in whole or in part to
U.S. Immigration and Customs Enforcement for civil
or criminal investigation.
‘‘(2) COOPERATION OF ADMINISTERING AUTHORITY.—
‘‘(A) IN GENERAL.—Upon receiving a notification from
the Commissioner under paragraph (1)(C), the administering authority shall promptly provide to the Commissioner the applicable cash deposit rates and antidumping
or countervailing duty assessment rates and any necessary
liquidation instructions.
‘‘(B) SPECIAL RULE FOR CASES IN WHICH THE PRODUCER
OR EXPORTER IS UNKNOWN.—If the Commissioner and the
administering authority are unable to determine the producer or exporter of the merchandise with respect to which
a notification is made under paragraph (1)(C), the administering authority shall identify, as the applicable cash
deposit rate or antidumping or countervailing duty assessment rate, the cash deposit or duty (as the case may
be) in the highest amount applicable to any producer or
exporter, including the ‘all-others’ rate of the merchandise
subject to an antidumping order or countervailing duty
order under section 736 or 706, respectively, or a finding
issued under the Antidumping Act, 1921, or any administrative review conducted under section 751.
‘‘(e) INTERIM MEASURES.—Not later than 90 calendar days after
initiating an investigation under subsection (b) with respect to
covered merchandise, the Commissioner shall decide based on the
investigation if there is a reasonable suspicion that such covered
merchandise was entered into the customs territory of the United
States through evasion and, if the Commissioner decides there
is such a reasonable suspicion, the Commissioner shall—
‘‘(1) suspend the liquidation of each unliquidated entry
of such covered merchandise that entered on or after the date
of the initiation of the investigation;
‘‘(2) pursuant to the Commissioner’s authority under section
504(b), extend the period for liquidating each unliquidated entry
of such covered merchandise that entered before the date of
the initiation of the investigation; and
‘‘(3) pursuant to the Commissioner’s authority under section
623, take such additional measures as the Commissioner determines necessary to protect the revenue of the United States,
including requiring a single transaction bond or additional security or the posting of a cash deposit with respect to such
covered merchandise.

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Referral.
Records.

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Deadline.

19 USC 1517
note.

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‘‘(f) ADMINISTRATIVE REVIEW.—
‘‘(1) IN GENERAL.—Not later than 30 business days after
the Commissioner makes a determination under subsection
(c) with respect to whether covered merchandise was entered
into the customs territory of the United States through evasion,
a person determined to have entered such covered merchandise
through evasion or an interested party that filed an allegation
under paragraph (2) of subsection (b) that resulted in the
initiation of an investigation under paragraph (1) of that subsection with respect to such covered merchandise may file an
appeal with the Commissioner for de novo review of the determination.
‘‘(2) TIMELINE FOR REVIEW.—Not later than 60 business
days after an appeal of a determination is filed under paragraph
(1), the Commissioner shall complete the review of the determination.
‘‘(g) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—Not later than 30 business days after
the Commissioner completes a review under subsection (f) of
a determination under subsection (c) with respect to whether
covered merchandise was entered into the customs territory
of the United States through evasion, a person determined
to have entered such covered merchandise through evasion
or an interested party that filed an allegation under paragraph
(2) of subsection (b) that resulted in the initiation of an investigation under paragraph (1) of that subsection with respect
to such covered merchandise may seek judicial review of the
determination under subsection (c) and the review under subsection (f) in the United States Court of International Trade
to determine whether the determination and review is conducted in accordance with subsections (c) and (f).
‘‘(2) STANDARD OF REVIEW.—In determining whether a
determination under subsection (c) or review under subsection
(f) is conducted in accordance with those subsections, the United
States Court of International Trade shall examine—
‘‘(A) whether the Commissioner fully complied with
all procedures under subsections (c) and (f); and
‘‘(B) whether any determination, finding, or conclusion
is arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with law.
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this subsection
shall affect the availability of judicial review to an interested
party under any other provision of law.
‘‘(h) RULE OF CONSTRUCTION WITH RESPECT TO OTHER CIVIL
AND CRIMINAL PROCEEDINGS AND INVESTIGATIONS.—No determination under subsection (c), review under subsection (f), or action
taken by the Commissioner pursuant to this section shall preclude
any individual or entity from proceeding, or otherwise affect or
limit the authority of any individual or entity to proceed, with
any civil, criminal, or administrative investigation or proceeding
pursuant to any other provision of Federal or State law, including
sections 592 and 596.’’.
(b) CONFORMING AMENDMENT.—Section 1581(c) of title 28,
United States Code, is amended by inserting ‘‘or 517’’ after ‘‘516A’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date that is 180 days after the date of
the enactment of this Act.

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(d) REGULATIONS.—Not later than the date that is 180 days
after the date of the enactment of this Act, the Secretary shall
prescribe such regulations as may be necessary to implement the
amendments made by this section.

Deadline.
19 USC 1517
note.

Subtitle C—Other Matters
SEC. 431. ALLOCATION AND TRAINING OF PERSONNEL.

19 USC 4391.

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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.

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

19 USC 4392.

(a) IN GENERAL.—Not later than January 15 of each calendar
year that begins on or after the date that is 270 days after the
date of the enactment of this Act, the Commissioner, in consultation
with the Secretary of Commerce and the Director of U.S. Immigration and Customs Enforcement, shall submit to the Committee
on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives a report on the efforts being taken
to prevent and investigate the entry of covered merchandise into
the customs territory of the United States through evasion.
(b) CONTENTS.—Each report required under subsection (a) shall
include—
(1) for the calendar year preceding the submission of the
report—
(A) a summary of the efforts of U.S. Customs and
Border Protection to prevent and investigate the entry
of covered merchandise into the customs territory of the
United States through evasion;
(B) the number of allegations of evasion received,
including allegations received under subsection (b) of section 517 of the Tariff Act of 1930, as added by section
421 of this Act, and the number of such allegations
resulting in investigations by U.S. Customs and Border
Protection or any other Federal agency;
(C) a summary of investigations initiated, including
investigations initiated under subsection (b) of such section
517, including—

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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) the specific guidelines, policies, and practices used
by U.S. Customs and Border Protection to ensure that
allegations of evasion are promptly evaluated and acted
upon in a timely manner;
(B) an evaluation of the efficacy of those guidelines,
policies, and practices;
(C) an identification of any changes since the last
report required by this section, if any, that have materially
improved or reduced the effectiveness of U.S. Customs and
Border Protection in preventing and investigating evasion;
(D) a description of the development and implementation of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk of not
collecting those duties;
(E) a description of the processes and procedures for
increased cooperation and information sharing with the
Department of Commerce, U.S. Immigration and Customs
Enforcement, and any other relevant Federal agencies to
prevent and investigate evasion; and
(F) an identification of any recommended policy
changes for other Federal agencies or legislative changes
to improve the effectiveness of U.S. Customs and Border
Protection in preventing and investigating evasion.

Guidelines.

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(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.

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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.’’.

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130 STAT. 172

PUBLIC LAW 114–125—FEB. 24, 2016

Small Business
Trade
Enhancement
Act of 2015.

TITLE V—SMALL BUSINESS TRADE
ISSUES AND STATE TRADE COORDINATION

15 USC 631 note.

SEC. 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.

Deadline.
Establishment.

Consultation.

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Deadline.

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Section 203 of Public Law 94–305 (15 U.S.C. 634c) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘The
Office of Advocacy’’ and inserting the following:
‘‘(a) IN GENERAL.—The Office of Advocacy’’; and
(2) by adding at the end the following:
‘‘(b) OUTREACH AND INPUT FROM SMALL BUSINESSES ON TRADE
PROMOTION AUTHORITY.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘agency’ has the meaning given the term
in section 551 of title 5, United States Code;
‘‘(B) the term ‘Chief Counsel for Advocacy’ means the
Chief Counsel for Advocacy of the Small Business Administration;
‘‘(C) the term ‘covered trade agreement’ means a trade
agreement being negotiated pursuant to section 103(b) of
the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 4202(b));
and
‘‘(D) the term ‘Working Group’ means the Interagency
Working Group convened under paragraph (2)(A).
‘‘(2) WORKING GROUP.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
date on which the President submits the notification
required under section 105(a) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015
(Public Law 114–26; 19 U.S.C. 4204(a)), the Chief Counsel
for Advocacy shall convene an Interagency Working Group,
which shall consist of an employee from each of the following agencies, as selected by the head of the agency
or an official delegated by the head of the agency:
‘‘(i) The Office of the United States Trade Representative.
‘‘(ii) The Department of Commerce.
‘‘(iii) The Department of Agriculture.
‘‘(iv) Any other agency that the Chief Counsel for
Advocacy, in consultation with the United States Trade
Representative, determines to be relevant with respect
to the subject of the covered trade agreement.
‘‘(B) VIEWS OF SMALL BUSINESSES.—Not later than 30
days after the date on which the Chief Counsel for Advocacy
convenes the Working Group under subparagraph (A), the
Chief Counsel for Advocacy shall identify a diverse group
of small businesses, representatives of small businesses,
or a combination thereof, to provide to the Working Group

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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) assess the impact for new small businesses
to start exporting, or increase their exports, to markets
in countries that are parties to the covered trade agreement;
‘‘(iii) analyze the competitive position of industries
likely to be significantly affected by the covered trade
agreement;
‘‘(iv) identify—
‘‘(I) any State-owned enterprises in each
country participating in negotiations for the covered trade agreement that could pose a threat
to small businesses; and
‘‘(II) any steps to take to create a level playing
field for those small businesses;
‘‘(v) identify any rule of an agency that should
be modified to become compliant with the covered trade
agreement; and
‘‘(vi) include an overview of the methodology used
to develop the report, including the number of small
business participants by industry, how those small
businesses were selected, and any other factors that
the Chief Counsel for Advocacy may determine appropriate.
‘‘(B) DELAYED SUBMISSION.—To ensure that negotiations for the covered trade agreement are not disrupted,
the President may require that the Chief Counsel for
Advocacy delay submission of the report under subparagraph (A) until after the negotiations for the covered trade
agreement are concluded, provided that the delay allows
the Chief Counsel for Advocacy to submit the report to
Congress not later than 45 days before the Senate or the
House of Representatives acts to approve or disapprove
the covered trade agreement.
‘‘(C) AVOIDANCE OF DUPLICATION.—The Chief Counsel
for Advocacy shall, to the extent practicable, coordinate
the submission of the report under this paragraph with
the United States International Trade Commission, the
United States Trade Representative, other agencies, and
trade advisory committees to avoid unnecessary duplication
of reporting requirements.’’.

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Assessment.

Analysis.

Overview.

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PUBLIC LAW 114–125—FEB. 24, 2016

SEC. 503. STATE TRADE EXPANSION PROGRAM.

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Grants.

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Section 22 of the Small Business Act (15 U.S.C. 649) is
amended—
(1) by redesignating subsection (l) as subsection (m); and
(2) by inserting after subsection (k) the following:
‘‘(l) STATE TRADE EXPANSION PROGRAM.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘eligible small business concern’ means
a business concern that—
‘‘(i) is organized or incorporated in the United
States;
‘‘(ii) is operating in the United States;
‘‘(iii) meets—
‘‘(I) the applicable industry-based small business size standard established under section 3;
or
‘‘(II) the alternate size standard applicable to
the program under section 7(a) of this Act and
the loan programs under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et
seq.);
‘‘(iv) has been in business for not less than 1
year, as of the date on which assistance using a grant
under this subsection commences; and
‘‘(v) has access to sufficient resources to bear the
costs associated with trade, including the costs of
packing, shipping, freight forwarding, and customs brokers;
‘‘(B) the term ‘program’ means the State Trade Expansion Program established under paragraph (2);
‘‘(C) the term ‘rural small business concern’ means
an eligible small business concern located in a rural area,
as that term is defined in section 1393(a)(2) of the Internal
Revenue Code of 1986;
‘‘(D) the term ‘socially and economically disadvantaged
small business concern’ has the meaning given that term
in section 8(a)(4)(A) of the Small Business Act (15 U.S.C.
637(a)(4)(A)); and
‘‘(E) the term ‘State’ means each of the several States,
the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, the Commonwealth of the
Northern Mariana Islands, and American Samoa.
‘‘(2) ESTABLISHMENT OF PROGRAM.—The Associate Administrator shall establish a trade expansion program, to be known
as the ‘State Trade Expansion Program’, to make grants to
States to carry out programs that assist eligible small business
concerns in—
‘‘(A) participation in foreign trade missions;
‘‘(B) a subscription to services provided by the Department of Commerce;
‘‘(C) the payment of website fees;
‘‘(D) the design of marketing media;
‘‘(E) a trade show exhibition;
‘‘(F) participation in training workshops;
‘‘(G) a reverse trade mission;

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130 STAT. 175

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

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

Management
plan.

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Web posting.

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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:

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

‘‘(a) STATEMENT OF POLICY.—It is the policy of the United
States to promote exports as an opportunity for small businesses.
In exercising their powers and functions in order to advance that
policy, all Federal agencies shall work constructively with State
and local agencies engaged in export promotion and export financing
activities.
‘‘(b) ESTABLISHMENT.—The President shall establish a State
and Federal Export Promotion Coordination Working Group (in
this section referred to as the ‘Working Group’) as a subcommittee

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15 USC 4728a.

President.

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Strategy.

Strategic plan.

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Consultation.
Recommendations.

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PUBLIC LAW 114–125—FEB. 24, 2016

of the Trade Promotion Coordination Committee (in this section
referred to as the ‘TPCC’).
‘‘(c) PURPOSES.—The purposes of the Working Group are—
‘‘(1) to identify issues related to the coordination of Federal
resources relating to export promotion and export financing
with such resources provided by State and local governments;
‘‘(2) to identify ways to improve coordination with respect
to export promotion and export financing activities through
the strategic plan developed under section 2312(c);
‘‘(3) to develop a strategy for improving coordination of
Federal and State resources relating to export promotion and
export financing, including methods to eliminate duplication
of effort and overlapping functions; and
‘‘(4) to develop a strategic plan for considering and implementing the suggestions of the Working Group as part of the
strategic plan developed under section 2312(c).
‘‘(d) MEMBERSHIP.—The Secretary of Commerce shall select the
members of the Working Group, who shall include—
‘‘(1) representatives from State trade agencies representing
regionally diverse areas; and
‘‘(2) representatives of the departments and agencies that
are represented on the TPCC, who are designated by the heads
of their respective departments or agencies to advise the head
on ways of promoting the exportation of United States goods
and services.’’.
(b) REPORT ON IMPROVEMENTS TO EXPORT.GOV AS A SINGLE
WINDOW FOR EXPORT INFORMATION.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Associate Administrator for International Trade of the Small Business Administration shall,
after consultation with the entities specified in paragraph (2),
submit to the appropriate congressional committees a report
that includes the recommendations of the Associate Administrator for improving the experience provided by the Internet
website Export.gov (or a successor website) as—
(A) a comprehensive resource for information about
exporting articles from the United States; and
(B) a single website for exporters to submit all information required by the Federal Government with respect to
the exportation of articles from the United States.
(2) ENTITIES SPECIFIED.—The entities specified in this paragraph are—
(A) small business concerns (as defined in section 3
of the Small Business Act (15 U.S.C. 632)) that are
exporters; and
(B) the President’s Export Council, State agencies with
responsibility for export promotion or export financing, district export councils, and trade associations.
(3) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘‘appropriate congressional committees’’ means—
(A) the Committee on Small Business and
Entrepreneurship and the Committee on Banking, Housing,
and Urban Affairs of the Senate; and
(B) the Committee on Small Business and the Committee on Foreign Affairs of the House of Representatives.

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130 STAT. 179

(c) AVAILABILITY OF STATE RESOURCES GUIDES ON
EXPORT.GOV.—The Secretary of Commerce shall make available
on the Internet website Export.gov (or a successor website) information on the resources relating to export promotion and export
financing available in each State—
(1) organized by State; and
(2) including information on State agencies with responsibility for export promotion or export financing and district
export councils and trade associations located in the State.

15 USC 4727
note.

SEC. 505. STATE TRADE COORDINATION.

15 USC 4721a.

(a) MEMBERSHIP OF REPRESENTATIVES OF STATE TRADE PROMOTION AGENCIES ON TRADE PROMOTION COORDINATING COMMITTEE.—Section 2312 of the Export Enhancement Act of 1988
(15 U.S.C. 4727) is amended—
(1) in subsection (d)—
(A) by redesignating paragraph (2) as paragraph (3);
and
(B) by inserting after paragraph (1) the following:
‘‘(2) REPRESENTATIVES FROM STATE TRADE PROMOTION AGENCIES.—The TPCC shall also include 1 or more members
appointed by the President who are representatives of State
trade promotion agencies.’’; and
(2) in subsection (e), in the first sentence, by inserting
‘‘(other than members described in subsection (d)(2))’’ after
‘‘Members of the TPCC’’.
(b) FEDERAL AND STATE EXPORT PROMOTION COORDINATION
PLAN.—
(1) IN GENERAL.—The Secretary of Commerce, acting
through the Trade Promotion Coordinating Committee and in
coordination with representatives of State trade promotion
agencies, shall develop a comprehensive plan to integrate the
resources and strategies of State trade promotion agencies into
the overall Federal trade promotion program.
(2) MATTERS TO BE INCLUDED.—The plan required under
paragraph (1) shall include the following:
(A) A description of the role of State trade promotion
agencies in assisting exporters.
(B) An outline of the role of State trade promotion
agencies and how it is different from Federal agencies
located within or providing services within the State.
(C) A plan on how to utilize State trade promotion
agencies in the Federal trade promotion program.
(D) An explanation of how Federal and State agencies
will share information and resources.
(E) A description of how Federal and State agencies
will coordinate education and trade events in the United
States and abroad.
(F) A description of the efforts to increase efficiency
and reduce duplication.
(G) A clear identification of where businesses can
receive appropriate international trade information under
the plan.
(3) DEADLINE.—The plan required under paragraph (1)
shall be finalized and submitted to Congress not later than
12 months after the date of the enactment of this Act.
(c) ANNUAL FEDERAL-STATE EXPORT STRATEGY.—

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Framework.

PUBLIC LAW 114–125—FEB. 24, 2016

(1) IN GENERAL.—The Secretary of Commerce, acting
through the head of the United States Foreign and Commercial
Service, shall develop an annual Federal-State export strategy
for each State that submits to the Secretary of Commerce
its export strategy for the upcoming calendar year. In developing an annual Federal-State export strategy under this paragraph, the Secretary of Commerce shall take into account the
Federal and State export promotion coordination plan developed
under subsection (b).
(2) MATTERS TO BE INCLUDED.—The Federal-State export
strategy required under paragraph (1) shall include the following:
(A) The State’s export strategy and economic goals.
(B) The State’s key sectors and industries of focus.
(C) Possible foreign and domestic trade events.
(D) Efforts to increase efficiencies and reduce duplication.
(3) REPORT.—The Federal-State export strategy required
under paragraph (1) shall be submitted to the Trade Promotion
Coordinating Committee not later than February 1, 2017, and
February 1 of each year thereafter.
(d) COORDINATED METRICS AND INFORMATION SHARING.—
(1) IN GENERAL.—The Secretary of Commerce, in coordination with representatives of State trade promotion agencies,
shall develop a framework to share export success information,
and develop a coordinated set of reporting metrics.
(2) REPORT TO CONGRESS.—Not later than one year after
the date of the enactment of this Act, the Secretary of Commerce shall submit to Congress a report that contains the
framework and reporting metrics required under paragraph
(1).
(e) ANNUAL SURVEY AND ANALYSIS AND REPORT UNDER
NATIONAL EXPORT STRATEGY.—Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended—
(1) in subsection (c)—
(A) in paragraph (5), by striking ‘‘and’’ at the end;
(B) in paragraph (6), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(7) in coordination with State trade promotion agencies,
include a survey and analysis regarding the overall effectiveness of Federal-State coordination and export promotion goals
on an annual basis, to further include best practices, recommendations to better assist small businesses, and other relevant matters.’’; and
(2) in subsection (f)(1), by inserting ‘‘(including implementation of the survey and analysis described in paragraph (7)
of that subsection)’’ after ‘‘the implementation of such plan’’.

TITLE VI—ADDITIONAL ENFORCEMENT
PROVISIONS
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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:

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‘‘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

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under paragraph (1) and the criteria set forth in paragraph
(2).
‘‘(B) REPORT IN SUBSEQUENT YEARS.—The Trade Representative shall include, when reporting under subparagraph (A) in any calendar year after the calendar year
that begins after the date of the enactment of the Trade
Facilitation and Trade Enforcement Act of 2015, a description of actions taken to address any acts, policies, or practices of foreign governments identified as trade enforcement
priorities under this subsection in the calendar year preceding that report and, as relevant, any calendar year
before that calendar year.
‘‘(b) SEMIANNUAL ENFORCEMENT CONSULTATIONS.—
‘‘(1) IN GENERAL.—At the same time as the reporting under
subsection (a)(3), and not later than January 31 of each following year, the Trade Representative shall consult with the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives with respect
to the identification, prioritization, investigation, and resolution
of acts, policies, or practices of foreign governments of concern
with respect to obligations under the WTO Agreements or any
other trade agreement to which the United States is a party,
or that otherwise create or maintain trade barriers.
‘‘(2) ACTS, POLICIES, OR PRACTICES OF CONCERN.—The semiannual enforcement consultations required by paragraph (1)
shall address acts, policies, or practices of foreign governments
that raise concerns with respect to obligations under the WTO
Agreements or any other trade agreement to which the United
States is a party, or otherwise create or maintain trade barriers,
including—
‘‘(A) engagement with relevant trading partners;
‘‘(B) strategies for addressing such concerns;
‘‘(C) availability and deployment of resources to be
used in the investigation or resolution of such concerns;
‘‘(D) the merits of any potential dispute resolution proceeding under the WTO Agreements or any other trade
agreement to which the United States is a party relating
to such concerns; and
‘‘(E) any other aspects of such concerns.
‘‘(3) ACTIVE INVESTIGATIONS.—The semiannual enforcement
consultations required by paragraph (1) shall address acts,
policies, or practices that the Trade Representative is actively
investigating with respect to obligations under the WTO Agreements or any other trade agreement to which the United States
is a party, including—
‘‘(A) strategies for addressing concerns raised by such
acts, policies, or practices;
‘‘(B) any relevant timeline with respect to investigation
of such acts, policies, or practices;
‘‘(C) the merits of any potential dispute resolution proceeding under the WTO Agreements or any other trade
agreement to which the United States is a party with
respect to such acts, policies, or practices;
‘‘(D) barriers to the advancement of the investigation
of such acts, policies, or practices; and
‘‘(E) any other matters relating to the investigation
of such acts, policies, or practices.

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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) 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

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PUBLIC LAW 114–125—FEB. 24, 2016

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.’’.

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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,’’.

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SEC. 603. TRADE MONITORING.

(a) IN GENERAL.—Chapter 1 of title II of the Trade Act of
1974 (19 U.S.C. 2251 et seq.) is amended by adding at the end
the following:
‘‘SEC. 205. TRADE MONITORING.

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

Deadlines.
Web postings.
19 USC 2255.
Public
information.

Federal Register,
publication.

‘‘Sec. 205. Trade monitoring.’’.

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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.—

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Appointment.

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‘‘(1) ESTABLISHMENT OF CENTER.—There is established in
the Office of the United States Trade Representative an Interagency Center on Trade Implementation, Monitoring, and
Enforcement (in this section referred to as the ‘Center’).
‘‘(2) FUNCTIONS OF CENTER.—The Center shall support the
activities of the United States Trade Representative in—
‘‘(A) investigating potential disputes under the auspices
of the World Trade Organization;
‘‘(B) investigating potential disputes pursuant to
bilateral and regional trade agreements to which the
United States is a party;
‘‘(C) carrying out the functions of the United States
Trade Representative under this section with respect to
the monitoring and enforcement of trade agreements to
which the United States is a party; and
‘‘(D) monitoring measures taken by parties to implement provisions of trade agreements to which the United
States is a party.
‘‘(3) PERSONNEL.—
‘‘(A) DIRECTOR.—The head of the Center shall be a
Director, who shall be appointed by the United States
Trade Representative.
‘‘(B) ADDITIONAL EMPLOYEES.—A Federal agency may,
in consultation with and with the approval of the United
States Trade Representative, detail or assign one or more
employees to the Center without any reimbursement from
the Center to support the functions of the Center.’’.
(b) INTERAGENCY RESOURCES.—Section 141(d)(1)(A) of the Trade
Act of 1974 (19 U.S.C. 2171(d)(1)(A)) is amended by inserting ‘‘,
including resources of the Interagency Center on Trade Implementation, Monitoring, and Enforcement established under subsection
(h),’’ after ‘‘interagency resources’’.
(c) REPORTS.—Section 163 of the Trade Act of 1974 (19 U.S.C.
2213) is amended—
(1) in subsection (a)(2)—
(A) in subparagraph (J), by striking ‘‘and’’ at the end;
(B) in subparagraph (K), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(L) the operation of the Interagency Center on Trade
Implementation, Monitoring, and Enforcement established
under section 141(h), including—
‘‘(i) information relating to the personnel of the
Center, including a description of any employees
detailed or assigned to the Center by a Federal agency
under paragraph (3)(B) of such section;
‘‘(ii) information relating to the functions of the
Center; and
‘‘(iii) an assessment of the operating costs of the
Center.’’; and
(2) by adding at the end the following:
‘‘(d) QUADRENNIAL PLAN AND REPORT.—
‘‘(1) QUADRENNIAL PLAN.—Pursuant to the goals and objectives of the strategic plan of the Office of the United States
Trade Representative as required under section 306 of title
5, United States Code, the Trade Representative shall, every
4 years, develop a plan—

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130 STAT. 187

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

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

Analysis.
Records.

19 USC 4401.

(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

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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).

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19 USC 4402.

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

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

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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 statecontrolled enterprises, localization barriers to trade,
labor and the environment, anticorruption, trade
remedy laws, textiles, and commercial partnerships.’’.

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SEC. 608. HONEY TRANSSHIPMENT.

19 USC 4403.

(a) IN GENERAL.—The Commissioner shall direct appropriate
personnel and the use of resources of U.S. Customs and Border
Protection to address concerns that honey is being imported into
the United States in violation of the customs and trade laws of
the United States.
(b) COUNTRY OF ORIGIN.—
(1) IN GENERAL.—The Commissioner shall compile a database of the individual characteristics of honey produced in
foreign countries to facilitate the verification of country of origin
markings of imported honey.
(2) ENGAGEMENT WITH FOREIGN GOVERNMENTS.—The
Commissioner shall seek to engage the customs agencies of
foreign governments for assistance in compiling the database
described in paragraph (1).
(3) CONSULTATION WITH INDUSTRY.—In compiling the database described in paragraph (1), the Commissioner shall consult
with entities in the honey industry regarding the development
of industry standards for honey identification.
(4) CONSULTATION WITH FOOD AND DRUG ADMINISTRATION.—
In compiling the database described in paragraph (1), the
Commissioner shall consult with the Commissioner of Food
and Drugs.
(c) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Commissioner shall submit to
Congress a report that—
(1) describes and assesses the limitations in the existing
analysis capabilities of laboratories with respect to determining
the country of origin of honey samples or the percentage of
honey contained in a sample; and
(2) includes any recommendations of the Commissioner
for improving such capabilities.
(d) SENSE OF CONGRESS.—It is the sense of Congress that
the Commissioner of Food and Drugs should promptly establish
a national standard of identity for honey for the Commissioner

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Assessment.

Recommendations.

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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.

19 USC 4404.

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Time period.

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

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(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 PROTECTRADE SECRETS.—Section 182(d)(2) of the Trade Act of
1974 (19 U.S.C. 2242(d)(2)) is amended by inserting ‘‘, trade secrets,’’
after ‘‘copyrights’’.
(b) SPECIAL RULES FOR COUNTRIES ON THE PRIORITY WATCH
LIST OF THE UNITED STATES TRADE REPRESENTATIVE.—
(1) IN GENERAL.—Section 182 of the Trade Act of 1974
(19 U.S.C. 2242) is amended by striking subsection (g) and
inserting the following:
‘‘(g) SPECIAL RULES FOR FOREIGN COUNTRIES ON THE PRIORITY
WATCH LIST.—
‘‘(1) ACTION PLANS.—
‘‘(A) IN GENERAL.—Not later than 90 days after the
date on which the Trade Representative submits the
National Trade Estimate under section 181(b), the Trade
Representative shall develop an action plan described in
subparagraph (C) with respect to each foreign country
described in subparagraph (B).
‘‘(B) FOREIGN COUNTRY DESCRIBED.—The Trade Representative shall develop an action plan under subparagraph (A) with respect to each foreign country that—
‘‘(i) the Trade Representative has identified for
placement on the priority watch list; and
‘‘(ii) has remained on such list for at least one
year.
‘‘(C) ACTION PLAN DESCRIBED.—An action plan developed under subparagraph (A) shall contain the benchmarks
described in subparagraph (D) and be designed to assist
the foreign country—
‘‘(i) to achieve—
‘‘(I) adequate and effective protection of
intellectual property rights; and
‘‘(II) fair and equitable market access for
United States persons that rely upon intellectual
property protection; or
‘‘(ii) to make significant progress toward achieving
the goals described in clause (i).
‘‘(D) BENCHMARKS DESCRIBED.—The benchmarks contained in an action plan developed pursuant to subparagraph (A) are such legislative, institutional, enforcement,
or other actions as the Trade Representative determines
to be necessary for the foreign country to achieve the
goals described in clause (i) or (ii) of subparagraph (C).
‘‘(2) FAILURE TO MEET ACTION PLAN BENCHMARKS.—If, as
of one year after the date on which an action plan is developed
under paragraph (1)(A), the President, in consultation with
the Trade Representative, determines that the foreign country
to which the action plan applies has not substantially complied
with the benchmarks described in paragraph (1)(D), the President may take appropriate action with respect to the foreign
country.

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Time period.

List.

19 USC 2242
note.

19 USC 2242
note.

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19 USC 4405.

PUBLIC LAW 114–125—FEB. 24, 2016

‘‘(3) PRIORITY WATCH LIST DEFINED.—In this subsection,
the term ‘priority watch list’ means the priority watch list
established by the Trade Representative pursuant to subsection
(a).
‘‘(h) ANNUAL REPORT.—Not later than 30 days after the date
on which the Trade Representative submits the National Trade
Estimate under section 181(b), the Trade Representative shall
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
report on actions taken under this section during the 12 months
preceding such report, and the reasons for such actions, including—
‘‘(1) a list of any foreign countries identified under subsection (a);
‘‘(2) a description of progress made in achieving improved
intellectual property protection and market access for persons
relying on intellectual property rights; and
‘‘(3) a description of the action plans developed under subsection (g) and any actions taken by foreign countries under
such plans.’’.
(2) FUNDING.—
(A) IN GENERAL.—Amounts from the Trade Enforcement Trust Fund established under section 611 may be
expended by the United States Trade Representative, only
as provided by appropriations Acts, to provide assistance
to any developing country to which an action plan applies
under section 182(g) of the Trade Act of 1974, as amended
by paragraph (1), to facilitate the efforts of the developing
country to comply with the benchmarks contained in the
action plan. Such assistance may include capacity building,
activities designed to increase awareness of intellectual
property rights, and training for officials responsible for
enforcing intellectual property rights in the developing
country.
(B) DEVELOPING COUNTRY DEFINED.—In this paragraph, the term ‘‘developing country’’ means a country
classified by the World Bank as having a low-income or
lower-middle-income economy.
(3) RULE OF CONSTRUCTION.—Nothing in this subsection
or the amendment made by this subsection shall be construed
as limiting the authority of the President or the United States
Trade Representative to develop action plans other than action
plans described in section 182(g) of the Trade Act of 1974,
as amended by paragraph (1), or to take any action otherwise
authorized by law in response to the failure of a foreign country
to provide adequate and effective protection and enforcement
of intellectual property rights.
SEC. 611. TRADE ENFORCEMENT TRUST FUND.

(a) ESTABLISHMENT.—There is established in the Treasury of
the United States a trust fund to be known as the Trade Enforcement Trust Fund (in this section referred to as the ‘‘Trust Fund’’),
consisting of amounts transferred to the Trust Fund under subsection (b) and any amounts that may be credited to the Trust
Fund under subsection (c).
(b) TRANSFER OF AMOUNTS.—
(1) IN GENERAL.—The Secretary of the Treasury shall
transfer to the Trust Fund, from the general fund of the

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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 crossborder data flows, regulatory practices, state-owned and

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Consultation.

Analysis.

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state-controlled enterprises, localization barriers to trade,
labor and the environment, currency, foreign currency
manipulation, anticorruption, trade remedy laws, textiles,
and commercial partnerships.
(E) To support capacity-building efforts undertaken by
the United States pursuant to any such free trade agreement and to include performance indicators against which
the progress and obstacles for the implementation of
commitments and obligations can be identified and
assessed within a meaningful time frame.
(2) LIMITATION.—Amounts made available in the Trust
Fund may not be used to offset costs of conducting negotiations
for any free trade agreement to be entered into on or after
the date of the enactment of this Act, but may be used to
support implementation and capacity building prior to entry
into force of a free trade agreement.
(e) REPORT.—Not later than 18 months after the entry into
force of any free trade agreement entered into after the date of
the enactment of this Act, the United States Trade Representative,
in consultation with the Federal agencies represented on the TPC,
shall submit to Congress a report on the actions taken under
subsection (d) in connection with that agreement.
(f) COMPTROLLER GENERAL STUDY.—
(1) IN GENERAL.—The Comptroller General of the United
States shall conduct a study that includes the following:
(A) A comprehensive analysis of the trade enforcement
expenditures of each Federal agency with responsibilities
relating to trade that specifies, with respect to each such
Federal agency—
(i) the amounts appropriated for trade enforcement; and
(ii) the number of full-time employees carrying
out activities relating to trade enforcement.
(B) Recommendations on the additional employees and
resources that each such Federal agency may need to effectively enforce the free trade agreements to which the
United States is a party.
(2) REPORT.—Not later than one year after the date of
the enactment of this Act, the Comptroller General shall submit
to Congress a report on the results of the study conducted
under paragraph (1).
(g) DEFINITIONS.—In this section:
(1) TRADE POLICY COMMITTEE; TPC.—The terms ‘‘Trade
Policy Committee’’ and ‘‘TPC’’ mean the interagency organization established under section 242 of the Trade Expansion
Act of 1962 (19 U.S.C. 1872).
(2) WTO.—The term ‘‘WTO’’ means the World Trade
Organization.
(3) WTO AGREEMENT.—The term ‘‘WTO Agreement’’ has
the meaning given that term in section 2(9) of the Uruguay
Round Agreements Act (19 U.S.C. 3501(9)).
(4) WTO AGREEMENTS.—The term ‘‘WTO Agreements’’
means the WTO Agreement and agreements annexed to that
Agreement.

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130 STAT. 195

TITLE VII—ENGAGEMENT ON CURRENCY EXCHANGE RATE AND ECONOMIC POLICIES

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

19 USC 4421.

(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.

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President.

Plan.

Determination.

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(3) ASSESSMENT FACTORS.—Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
publicly describe the factors used to assess under paragraph
(2)(A)(ii) whether a country has a significant bilateral trade
surplus with the United States, has a material current account
surplus, and has engaged in persistent one-sided intervention
in the foreign exchange market.
(b) ENGAGEMENT ON EXCHANGE RATE AND ECONOMIC POLICIES.—
(1) IN GENERAL.—The President, through the Secretary,
shall commence enhanced bilateral engagement with each
country for which an enhanced analysis of macroeconomic and
currency exchange rate policies is included in the report submitted under subsection (a), in order to, as appropriate—
(A) urge implementation of policies to address the
causes of the undervaluation of its currency, its significant
bilateral trade surplus with the United States, and its
material current account surplus, including undervaluation
and surpluses relating to exchange rate management;
(B) express the concern of the United States with
respect to the adverse trade and economic effects of that
undervaluation and those surpluses;
(C) advise that country of the ability of the President
to take action under subsection (c); and/or
(D) develop a plan with specific actions to address
that undervaluation and those surpluses.
(2) WAIVER.—
(A) IN GENERAL.—The Secretary may waive the
requirement under paragraph (1) to commence enhanced
bilateral engagement with a country if the Secretary determines that commencing enhanced bilateral engagement
with the country—
(i) would have an adverse impact on the United
States economy greater than the benefits of such
action; or
(ii) would cause serious harm to the national security of the United States.
(B) CERTIFICATION AND REPORT.—The Secretary shall
promptly certify to Congress a determination under
subparagraph (A) and promptly submit to Congress a report
that describes in detail the reasons for the Secretary’s
determination under subparagraph (A).
(c) REMEDIAL ACTION.—
(1) IN GENERAL.—If, on or after the date that is one year
after the commencement of enhanced bilateral engagement by
the President, through the Secretary, with respect to a country
under subsection (b)(1), the Secretary determines that the
country has failed to adopt appropriate policies to correct the
undervaluation and surpluses described in subsection (b)(1)(A)
with respect to that country, the President shall take one
or more of the following actions:
(A) Prohibit the Overseas Private Investment Corporation from approving any new financing (including any
insurance, reinsurance, or guarantee) with respect to a
project located in that country on and after such date.
(B) Except as provided in paragraph (3), and pursuant
to paragraph (4), prohibit the Federal Government from

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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) WAIVER.—
(A) IN GENERAL.—The President may waive the
requirement under paragraph (1) to take remedial action
if the President determines that taking remedial action
under paragraph (1) would—
(i) have an adverse impact on the United States
economy greater than the benefits of taking remedial
action; or
(ii) would cause serious harm to the national security of the United States.
(B) CERTIFICATION AND REPORT.—The President shall
promptly certify to Congress a determination under
subparagraph (A) and promptly submit to Congress a report
that describes in detail the reasons for the President’s
determination under subparagraph (A).
(3) EXCEPTION.—The President may not apply a prohibition
under paragraph (1)(B) in a manner that is inconsistent with
United States obligations under international agreements.
(4) CONSULTATIONS.—
(A) OFFICE OF MANAGEMENT AND BUDGET.—Before
applying a prohibition under paragraph (1)(B), the President shall consult with the Director of the Office of Management and Budget to determine whether such prohibition
would subject the taxpayers of the United States to
unreasonable cost.
(B) CONGRESS.—The President shall consult with the
appropriate committees of Congress with respect to any
action the President takes under paragraph (1)(B),
including whether the President has consulted as required
under subparagraph (A).
(d) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the Committee on Banking, Housing, and Urban
Affairs and the Committee on Finance of the Senate; and
(B) the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives.
(2) COUNTRY.—The term ‘‘country’’ means a foreign country,
dependent territory, or possession of a foreign country, and
may include an association of 2 or more foreign countries,

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PUBLIC LAW 114–125—FEB. 24, 2016
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.

19 USC 4422.

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

(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established an Advisory Committee on International Exchange Rate Policy (in this section
referred to as the ‘‘Committee’’).
(2) DUTIES.—The Committee shall be responsible for
advising the Secretary of the Treasury with respect to the
impact of international exchange rates and financial policies
on the economy of the United States.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Committee shall be composed of 9
members as follows, none of whom shall be employees of the
Federal Government:
(A) Three members shall be appointed by the President
pro tempore of the Senate, upon the recommendation of
the chairmen and ranking members of the Committee on
Banking, Housing, and Urban Affairs and the Committee
on Finance of the Senate.
(B) Three members shall be appointed by the Speaker
of the House of Representatives, upon the recommendation
of the chairmen and ranking members of the Committee
on Financial Services and the Committee on Ways and
Means of the House of Representatives.
(C) Three members shall be appointed by the President.
(2) QUALIFICATIONS.—Members shall be selected under
paragraph (1) on the basis of their objectivity and demonstrated
expertise in finance, economics, or currency exchange.
(3) TERMS.—
(A) IN GENERAL.—Members shall be appointed for a
term of 2 years or until the Committee terminates.
(B) REAPPOINTMENT.—A member may be reappointed
to the Committee for additional terms.
(4) VACANCIES.—Any vacancy in the Committee shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(c) DURATION OF COMMITTEE.—
(1) IN GENERAL.—The Committee shall terminate on the
date that is 2 years after the date of the enactment of this
Act unless renewed by the President for a subsequent 2-year
period.
(2) CONTINUED RENEWAL.—The President may continue to
renew the Committee for successive 2-year periods by taking
appropriate action to renew the Committee prior to the date
on which the Committee would otherwise terminate.
(d) MEETINGS.—The Committee shall hold not fewer than 2
meetings each calendar year.
(e) CHAIRPERSON.—

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(1) IN GENERAL.—The Committee shall elect from among
its members a chairperson for a term of 2 years or until
the Committee terminates.
(2) REELECTION; SUBSEQUENT TERMS.—A chairperson of the
Committee may be reelected chairperson but is ineligible to
serve consecutive terms as chairperson.
(f) STAFF.—The Secretary of the Treasury shall make available
to the Committee such staff, information, personnel, administrative
services, and assistance as the Committee may reasonably require
to carry out the activities of the Committee.
(g) APPLICATION OF THE FEDERAL ADVISORY COMMITTEE ACT.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Committee.
(2) EXCEPTION.—Meetings of the Committee shall be
exempt from the requirements of subsections (a) and (b) of
section 10 and section 11 of the Federal Advisory Committee
Act (relating to open meetings, public notice, public participation, and public availability of documents), whenever and to
the extent it is determined by the President or the Secretary
of the Treasury that such meetings will be concerned with
matters the disclosure of which—
(A) would seriously compromise the development by
the Government of the United States of monetary or financial policy; or
(B) is likely to—
(i) lead to significant financial speculation in currencies, securities, or commodities; or
(ii) significantly endanger the stability of any
financial institution.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of the Treasury for each fiscal
year in which the Committee is in effect $1,000,000 to carry out
this section.

TITLE VIII—MATTERS RELATING TO U.S.
CUSTOMS AND BORDER PROTECTION
Subtitle A—Establishment of U.S. Customs
and Border Protection
SEC. 801. SHORT TITLE.

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

U.S. Customs
and Border
Protection
Authorization
Act.

19 USC 4301
note.

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:

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‘‘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.

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‘‘(b) COMMISSIONER

OF

U.S. CUSTOMS

AND

BORDER PROTEC-

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TION.—

‘‘(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

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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

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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

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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.—

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‘‘(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

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agreements relate to the policies and regulations of U.S.
Customs and Border Protection; and
‘‘(J) carry out other duties and powers prescribed by
the Commissioner.
‘‘(j) OFFICE OF PROFESSIONAL RESPONSIBILITY.—
‘‘(1) IN GENERAL.—There is established in U.S. Customs
and Border Protection an Office of Professional Responsibility.
‘‘(2) ASSISTANT COMMISSIONER.—There shall be at the head
of the Office of Professional Responsibility an Assistant
Commissioner, who shall report to the Commissioner.
‘‘(3) DUTIES.—The Office of Professional Responsibility
shall—
‘‘(A) investigate criminal and administrative matters
and misconduct by officers, agents, and other employees
of U.S. Customs and Border Protection;
‘‘(B) manage integrity-related programs and policies
of U.S. Customs and Border Protection;
‘‘(C) conduct research and analysis regarding misconduct of officers, agents, and other employees of U.S.
Customs and Border Protection; and
‘‘(D) carry out other duties and powers prescribed by
the Commissioner.
‘‘(k) STANDARD OPERATING PROCEDURES.—
‘‘(1) IN GENERAL.—The Commissioner shall establish—
‘‘(A) standard operating procedures for searching,
reviewing, retaining, and sharing information contained
in communication, electronic, or digital devices encountered
by U.S. Customs and Border Protection personnel at United
States ports of entry;
‘‘(B) standard use of force procedures that officers and
agents of U.S. Customs and Border Protection may employ
in the execution of their duties, including the use of deadly
force;
‘‘(C) uniform, standardized, and publicly-available
procedures for processing and investigating complaints
against officers, agents, and employees of U.S. Customs
and Border Protection for violations of professional conduct,
including the timely disposition of complaints and a written
notification to the complainant of the status or outcome,
as appropriate, of the related investigation, in accordance
with section 552a of title 5, United States Code (commonly
referred to as the ‘Privacy Act’ or the ‘Privacy Act of 1974’);
‘‘(D) an internal, uniform reporting mechanism
regarding incidents involving the use of deadly force by
an officer or agent of U.S. Customs and Border Protection,
including an evaluation of the degree to which the procedures required under subparagraph (B) were followed; and
‘‘(E) standard operating procedures, acting through the
Executive Assistant Commissioner for Air and Marine
Operations and in coordination with the Office for Civil
Rights and Civil Liberties and the Office of Privacy of
the Department, to provide command, control, communication, surveillance, and reconnaissance assistance through
the use of unmanned aerial systems, including the
establishment of—
‘‘(i) a process for other Federal, State, and local
law enforcement agencies to submit mission requests;

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Reports.
Evaluation.

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Deadline.

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‘‘(ii) a formal procedure to determine whether to
approve or deny such a mission request;
‘‘(iii) a formal procedure to determine how such
mission requests are prioritized and coordinated; and
‘‘(iv) a process regarding the protection and privacy
of data and images collected by U.S. Customs and
Border Protection through the use of unmanned aerial
systems.
‘‘(2) REQUIREMENTS REGARDING CERTAIN NOTIFICATIONS.—
The standard operating procedures established pursuant to
subparagraph (A) of paragraph (1) shall require—
‘‘(A) in the case of a search of information conducted
on an electronic device by U.S. Customs and Border Protection personnel, the Commissioner to notify the individual
subject to such search of the purpose and authority for
such search, and how such individual may obtain information on reporting concerns about such search; and
‘‘(B) in the case of information collected by U.S. Customs and Border Protection through a search of an electronic device, if such information is transmitted to another
Federal agency for subject matter assistance, translation,
or decryption, the Commissioner to notify the individual
subject to such search of such transmission.
‘‘(3) EXCEPTIONS.—The Commissioner may withhold the
notifications required under paragraphs (1)(C) and (2) if the
Commissioner determines, in the sole and unreviewable discretion of the Commissioner, that such notifications would impair
national security, law enforcement, or other operational
interests.
‘‘(4) UPDATE AND REVIEW.—The Commissioner shall review
and update every three years the standard operating procedures
required under this subsection.
‘‘(5) AUDITS.—The Inspector General of the Department
of Homeland Security shall develop and annually administer,
during each of the three calendar years beginning in the calendar year that begins after the date of the enactment of
the Trade Facilitation and Trade Enforcement Act of 2015,
an auditing mechanism to review whether searches of electronic
devices at or between United States ports of entry are being
conducted in conformity with the standard operating procedures
required under subparagraph (A) of paragraph (1). Such audits
shall be submitted to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate and
shall include the following:
‘‘(A) A description of the activities of officers and agents
of U.S. Customs and Border Protection with respect to
such searches.
‘‘(B) The number of such searches.
‘‘(C) The number of instances in which information
contained in such devices that were subjected to such
searches was retained, copied, shared, or entered in an
electronic database.
‘‘(D) The number of such devices detained as the result
of such searches.
‘‘(E) The number of instances in which information
collected from such devices was subjected to such searches

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and was transmitted to another Federal agency, including
whether such transmissions resulted in a prosecution or
conviction.
‘‘(6) REQUIREMENTS REGARDING OTHER NOTIFICATIONS.—The
standard use of force procedures established pursuant to
subparagraph (B) of paragraph (1) shall require—
‘‘(A) in the case of an incident of the use of deadly
force by U.S. Customs and Border Protection personnel,
the Commissioner to notify the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs
of the Senate; and
‘‘(B) the Commissioner to provide to such committees
a copy of the evaluation pursuant to subparagraph (D)
of such paragraph not later than 30 days after completion
of such evaluation.
‘‘(7) REPORT ON UNMANNED AERIAL SYSTEMS.—The Commissioner shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate an
annual report, for each of the three calendar years beginning
in the calendar year that begins after the date of the enactment
of the Trade Facilitation and Trade Enforcement Act of 2015,
that reviews whether the use of unmanned aerial systems
is being conducted in conformity with the standard operating
procedures required under subparagraph (E) of paragraph (1).
Such reports—
‘‘(A) shall be submitted with the annual budget of
the United States Government submitted by the President
under section 1105 of title 31, United States Code;
‘‘(B) may be submitted in classified form if the Commissioner determines that such is appropriate; and
‘‘(C) shall include—
‘‘(i) a detailed description of how, where, and for
how long data and images collected through the use
of unmanned aerial systems by U.S. Customs and
Border Protection are collected and stored; and
‘‘(ii) a list of Federal, State, and local law enforcement agencies that submitted mission requests in the
previous year and the disposition of such requests.
‘‘(l) TRAINING.—The Commissioner shall require all officers and
agents of U.S. Customs and Border Protection to participate in
a specified amount of continuing education (to be determined by
the Commissioner) to maintain an understanding of Federal legal
rulings, court decisions, and departmental policies, procedures, and
guidelines.
‘‘(m) SHORT-TERM DETENTION STANDARDS.—
‘‘(1) ACCESS TO FOOD AND WATER.—The Commissioner shall
make every effort to ensure that adequate access to food and
water is provided to an individual apprehended and detained
at a United States port of entry or between ports of entry
as soon as practicable following the time of such apprehension
or during subsequent short-term detention.
‘‘(2) ACCESS TO INFORMATION ON DETAINEE RIGHTS AT
BORDER PATROL PROCESSING CENTERS.—
‘‘(A) IN GENERAL.—The Commissioner shall ensure that
an individual apprehended by a U.S. Border Patrol agent

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Public
information.
Recommendations.

Publication.

Public
information.
Web posting.

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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 shortterm detention; and
‘‘(B) make publicly available information collected
pursuant to such inspections, including information
regarding the requirements under paragraphs (1) and (2)
and, where appropriate, issue recommendations to improve
the conditions of such facilities.
‘‘(n) WAIT TIMES TRANSPARENCY.—
‘‘(1) IN GENERAL.—The Commissioner shall—
‘‘(A) publish live wait times for travelers entering the
United States at the 20 United States airports that support
the highest volume of international travel (as determined
by available Federal flight data);
‘‘(B) make information about such wait times available
to the public in real time through the U.S. Customs and
Border Protection website;
‘‘(C) submit to the Committee on Homeland Security
and the Committee on Ways and Means of the House
of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on
Finance of the Senate, for each of the five calendar years
beginning in the calendar year that begins after the date
of the enactment of the Trade Facilitation and Trade

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Enforcement Act of 2015, a report that includes compilations of all such wait times and a ranking of such United
States airports by wait times; and
‘‘(D) provide adequate staffing at the U.S. Customs
and Border Protection information center to ensure timely
access for travelers attempting to submit comments or
speak with a representative about their entry experiences.
‘‘(2) CALCULATION.—The wait times referred to in paragraph (1)(A) shall be determined by calculating the time elapsed
between an individual’s entry into the U.S. Customs and Border
Protection inspection area and such individual’s clearance by
a U.S. Customs and Border Protection officer.
‘‘(o) OTHER AUTHORITIES.—
‘‘(1) IN GENERAL.—The Secretary may establish such other
offices or positions of Assistant Commissioners (or other similar
officers or officials) as the Secretary determines necessary to
carry out the missions, duties, functions, and authorities of
U.S. Customs and Border Protection.
‘‘(2) NOTIFICATION.—If the Secretary exercises the authority
provided under paragraph (1), the Secretary shall notify the
Committee on Homeland Security and the Committee on Ways
and Means of the House of Representatives and the Committee
on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate not later than 30 days before
exercising such authority.
‘‘(p) REPORTS TO CONGRESS.—The Commissioner shall, on and
after the date of the enactment of the Trade Facilitation and Trade
Enforcement Act of 2015, continue to submit to the Committee
on Homeland Security and the Committee on Ways and Means
of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs and the Committee on Finance
of the Senate any report required, on the day before such date
of enactment, to be submitted under any provision of law.
‘‘(q) OTHER FEDERAL AGENCIES.—Nothing in this section may
be construed as affecting in any manner the authority, existing
on the day before the date of the enactment of the Trade Facilitation
and Trade Enforcement Act of 2015, of any other Federal agency
or component of the Department.
‘‘(r) DEFINITIONS.—In this section, the terms ‘commercial operations’, ‘customs and trade laws of the United States’, ‘trade enforcement’, and ‘trade facilitation’ have the meanings given such terms
in section 2 of the Trade Facilitation and Trade Enforcement Act
of 2015.’’.
(b) SPECIAL RULES.—
(1) TREATMENT.—Section 411 of the Homeland Security
Act of 2002, as amended by subsection (a) of this section,
shall be treated as if included in such Act as of the date
of the enactment of such Act, and, in addition to the functions,
missions, duties, and authorities specified in such amended
section 411, U.S. Customs and Border Protection shall continue
to perform and carry out the functions, missions, duties, and
authorities under section 411 of such Act as in existence on
the day before the date of the enactment of this Act, and
section 415 of the Homeland Security Act of 2002.
(2) RULES OF CONSTRUCTION.—
(A) RULES AND REGULATIONS.—Notwithstanding paragraph (1), nothing in this title or any amendment made

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by this title may be construed as affecting in any manner
any rule or regulation issued or promulgated pursuant
to any provision of law, including section 411 of the Homeland Security Act of 2002 as in existence on the day before
the date of the enactment of this Act, and any such rule
or regulation shall continue to have full force and effect
on and after such date.
(B) OTHER ACTIONS.—Notwithstanding paragraph (1),
nothing in this Act may be construed as affecting in any
manner any action, determination, policy, or decision
pursuant to section 411 of the Homeland Security Act
of 2002 as in existence on the day before the date of
the enactment of this Act, and any such action, determination, policy, or decision shall continue to have full force
and effect on and after such date.
(c) CONTINUATION IN OFFICE.—
(1) COMMISSIONER.—The individual serving as the Commissioner of Customs on the day before the date of the enactment
of this Act may serve as the Commissioner of U.S. Customs
and Border Protection on and after such date of enactment
until a Commissioner of U.S. Customs and Border Protection
is appointed under section 411 of the Homeland Security Act
of 2002, as amended by subsection (a) of this section.
(2) OTHER POSITIONS.—The individual serving as Deputy
Commissioner, and the individuals serving as Assistant
Commissioners and other officers and officials, under section
411 of the Homeland Security Act of 2002 on the day before
the date of the enactment of this Act may serve as the Executive
Assistant Commissioners, Deputy Commissioner, Assistant
Commissioners, and other officers and officials, as appropriate,
under such section 411 as amended by subsection (a) of this
section unless the Commissioner of U.S. Customs and Border
Protection determines that another individual should hold such
position or positions.
(d) REFERENCE.—
(1) TITLE 5.—Section 5314 of title 5, United States Code,
is amended by striking ‘‘Commissioner of Customs, Department
of Homeland Security’’ and inserting ‘‘Commissioner of U.S.
Customs and Border Protection, Department of Homeland Security’’.
(2) OTHER REFERENCES.—On and after the date of the
enactment of this Act, any reference in law or regulations
to the ‘‘Commissioner of Customs’’ or the ‘‘Commissioner of
the Customs Service’’ shall be deemed to be a reference to
the Commissioner of U.S. Customs and Border Protection.
(e) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended by striking the item relating to section 411 and inserting
the following new item:

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‘‘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.—

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PUBLIC LAW 114–125—FEB. 24, 2016

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

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130 STAT. 212

PUBLIC LAW 114–125—FEB. 24, 2016
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:

6 USC 234.

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

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

Repeal.

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

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‘‘TITLE IV—BORDER, MARITIME, AND TRANSPORTATION SECURITY’’;

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

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PUBLIC LAW 114–125—FEB. 24, 2016

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:

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‘‘SEC. 4. OFFICE OF TRADE.

19 USC 2084.

‘‘(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

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Reports.
Deadlines.

Deadlines.

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Notification.

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PUBLIC LAW 114–125—FEB. 24, 2016

International Trade Data System under the oversight of the
Department of the Treasury pursuant to section 411(d) of the
Tariff Act of 1930 (19 U.S.C. 1411(d));
‘‘(8) direct the administration of customs revenue functions
as otherwise provided by law or delegated by the Commissioner
of U.S. Customs and Border Protection; and
‘‘(9) prepare an annual report to be submitted to the Committee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives not later than
June 1, 2016, and March 1 of each calendar year thereafter
that includes—
‘‘(A) a summary of the changes to customs policies
and regulations adopted by U.S. Customs and Border
Protection during the preceding calendar year; and
‘‘(B) a description of the public vetting and interagency
consultation that occurred with respect to each such
change.
‘‘(d) TRANSFER OF ASSETS, FUNCTIONS, PERSONNEL, OR LIABILITIES; ELIMINATION OF OFFICES.—
‘‘(1) OFFICE OF INTERNATIONAL TRADE.—
‘‘(A) TRANSFER.—Not later than 30 days after the date
of the enactment of the Trade Facilitation and Trade
Enforcement Act of 2015, the Commissioner of U.S. Customs and Border Protection shall transfer the assets, functions, personnel, and liabilities of the Office of International
Trade to the Office of Trade established under subsection
(b).
‘‘(B) ELIMINATION.—Not later than 30 days after the
date of the enactment of the Trade Facilitation and Trade
Enforcement Act of 2015, the Office of International Trade
shall be abolished.
‘‘(C) LIMITATION ON FUNDS.—No funds appropriated
to U.S. Customs and Border Protection or the Department
of Homeland Security may be used to transfer the assets,
functions, personnel, or liabilities of the Office of International Trade to an office other than the Office of Trade
established under subsection (a), unless the Commissioner
of U.S. Customs and Border Protection notifies the Committee on Homeland Security and the Committee on Ways
and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs
and the Committee on Finance of the Senate of the specific
assets, functions, personnel, or liabilities to be transferred,
and the reason for the transfer, not less than 90 days
prior to the transfer of such assets, functions, personnel,
or liabilities.
‘‘(D) OFFICE OF INTERNATIONAL TRADE DEFINED.—In
this paragraph, the term ‘Office of International Trade’
means the Office of International Trade established by
section 2 of this Act and as in effect on the day before
the date of the enactment of the Trade Facilitation and
Trade Enforcement Act of 2015.
‘‘(2) OTHER TRANSFERS.—
‘‘(A) IN GENERAL.—The Commissioner of U.S. Customs
and Border Protection is authorized to transfer any other
assets, functions, or personnel within U.S. Customs and

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PUBLIC LAW 114–125—FEB. 24, 2016

130 STAT. 215

Border Protection to the Office of Trade established under
subsection (a).
‘‘(B) CONGRESSIONAL NOTIFICATION.—Not less than 90
days prior to the transfer of assets, functions, personnel,
or liabilities under subparagraph (A), the Commissioner
of U.S. Customs and Border Protection shall notify the
Committee on Homeland Security and the Committee on
Ways and Means of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs and the Committee on Finance of the Senate of
the specific assets, functions, personnel, or liabilities to
be transferred, and the reason for such transfer.
‘‘(e) DEFINITIONS.—In this section, the terms ‘customs and trade
laws of the United States’, ‘trade enforcement’, and ‘trade facilitation’ have the meanings given such terms in section 2 of the
Trade Facilitation and Trade Enforcement Act of 2015.’’.
(2) CONTINUATION IN OFFICE.—The individual serving as
the Assistant Commissioner of the Office of International Trade
on the day before the date of the enactment of this Act may
serve as the Executive Assistant Commissioner of Trade on
and after such date of enactment, at the discretion of the
Commissioner of U.S. Customs and Border Protection.
(3) CONFORMING AMENDMENTS.—Section 2 of the Act of
March 3, 1927 (44. Stat. 1381, chapter 348; 19 U.S.C. 2072),
as added by section 402 of the Security and Accountability
for Every Port Act of 2006 (Public Law 109–347; 120 Stat.
1924), is amended—
(A) by striking subsection (d); and
(B) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively.
(i) REPORTS AND ASSESSMENTS.—
(1) REPORT ON BUSINESS TRANSFORMATION INITIATIVE.—Not
later than 90 days after the date of the enactment of this
Act and annually thereafter for the next five years, the Commissioner shall submit to the Committee on Ways and Means
and the Committee on Homeland Security of the House of
Representatives and the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the
Senate a report on U.S. Customs and Border Protection’s Business Transformation Initiative, including locations where the
Initiative is deployed, the types of equipment utilized, a description of protocols and procedures, information on wait times
at such locations since deployment, and information regarding
the schedule for deployment at new locations.
(2) PORT OF ENTRY INFRASTRUCTURE NEEDS ASSESSMENTS.—
Not later than 180 days after the date of the enactment of
this Act, the Commissioner shall assess the physical infrastructure and technology needs at the 20 busiest land ports of
entry (as measured by U.S. Customs and Border Protection)
with a particular attention to identify ways to—
(A) improve travel and trade facilitation;
(B) reduce wait times;
(C) improve physical infrastructure and conditions for
individuals accessing pedestrian ports of entry;
(D) enter into long-term leases with nongovernmental
and private sector entities;

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Deadline.

19 USC 2084
note.

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130 STAT. 216

Certification.
8 USC 1185 note.

Deadline.
Plan.

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Assessment.

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PUBLIC LAW 114–125—FEB. 24, 2016

(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 supervisorapproved personal searches conducted in the previous year
by U.S. Customs and Border Protection personnel. Such report
shall include the number of personal searches conducted in
each sector and field office, the number of invasive personal
searches conducted in each sector and field office, whether
personal searches were conducted by Office of Field Operations
or U.S. Border Patrol personnel, and how many personal
searches resulted in the discovery of contraband.
(j) TRUSTED TRAVELER PROGRAMS.—The Secretary of Homeland
Security may not enter into or renew an agreement with the government of a foreign country for a trusted traveler program administered by U.S. Customs and Border Protection unless the Secretary
certifies in writing that such government—
(1) routinely submits to INTERPOL for inclusion in
INTERPOL’s Stolen and Lost Travel Documents database
information about lost and stolen passports and travel documents of the citizens and nationals of such country; or
(2) makes available to the United States Government the
information described in paragraph (1) through another means
of reporting.
(k) AGRICULTURAL SPECIALIST CAREER TRACK.—Not later than
one year after the date of the enactment of this Act, the Secretary
of Homeland Security shall submit to the Committee on Homeland
Security and the Committee on Ways and Means of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs and the Committee on Finance of the Senate
a plan to create an agricultural specialist career track within U.S.
Customs and Border Protection. Such plan shall include the following:
(1) A description of education, training, experience, and
assignments necessary for career progression as an agricultural
specialist.
(2) Recruitment and retention goals for agricultural specialists, including a timeline for fulfilling staffing deficits identified
in agricultural resource allocation models.
(3) An assessment of equipment and other resources needed
to support agricultural specialists.
(4) Any other factors the Commissioner determines appropriate.
(l) SENSE OF CONGRESS REGARDING THE FOREIGN LANGUAGE
AWARD PROGRAM.—
(1) FINDINGS.—Congress finds the following:
(A) Congress established the Foreign Language Award
Program (FLAP) to incentivize employees at United States
ports of entry to utilize their foreign language skills on
the job by providing a financial incentive for the use of
the foreign language for at least ten percent of their duties

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PUBLIC LAW 114–125—FEB. 24, 2016

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 B—Preclearance Operations
SEC. 811. SHORT TITLE.

This subtitle may be cited as the ‘‘Preclearance Authorization
Act of 2015’’.
SEC. 812. DEFINITIONS.

Preclearance
Authorization
Act of 2015.
19 USC 4301
note.

19 USC 4431.

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.

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SEC. 813. ESTABLISHMENT OF PRECLEARANCE OPERATIONS.

19 USC 4432.

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;

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PUBLIC LAW 114–125—FEB. 24, 2016
(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.

Agreements.
Deadlines.
19 USC 4433.

Records.

Assessment.

Assessment.

Plans.

Plans.

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Estimate.

Assessment.

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SEC. 814. NOTIFICATION AND CERTIFICATION TO CONGRESS.

(a) INITIAL NOTIFICATION.—Not later than 60 days before an
agreement with the government of a foreign country to establish
U.S. Customs and Border Protection preclearance operations in
such foreign country enters into force, the Secretary shall provide
the appropriate congressional committees with—
(1) a copy of the agreement to establish such preclearance
operations, which shall include—
(A) the identification of the foreign country with which
U.S. Customs and Border Protection intends to enter into
a preclearance agreement;
(B) the location at which such preclearance operations
will be conducted; and
(C) the terms and conditions for U.S. Customs and
Border Protection personnel operating at the location;
(2) an assessment of the impact such preclearance operations will have on legitimate trade and travel, including potential impacts on passengers traveling to the United States;
(3) an assessment of the impacts such preclearance operations will have on U.S. Customs and Border Protection
domestic port of entry staffing;
(4) country-specific information on the anticipated homeland security benefits associated with establishing such
preclearance operations;
(5) information on potential security vulnerabilities associated with commencing such preclearance operations and mitigation plans to address such potential security vulnerabilities;
(6) a U.S. Customs and Border Protection staffing model
for such preclearance operations and plans for how such positions would be filled; and
(7) information on the anticipated costs over the 5 fiscal
years after the agreement enters into force associated with
commencing such preclearance operations.
(b) FURTHER NOTIFICATION RELATING TO PRECLEARANCE OPERATIONS ESTABLISHED AT AIRPORTS.—Not later than 45 days before
an agreement with the government of a foreign country to establish
U.S. Customs and Border Protection preclearance operations at
an airport in such country enters into force, the Secretary, in
addition to complying with the notification requirements under
subsection (a), shall provide the appropriate congressional committees with—
(1) an estimate of the date on which U.S. Customs and
Border Protection intends to establish preclearance operations
under such agreement, including any pending caveats that
must be resolved before preclearance operations are approved;
(2) the anticipated funding sources for preclearance operations under such agreement, and other funding sources considered;
(3) a homeland security threat assessment for the country
in which such preclearance operations are to be established;

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(4) information on potential economic, competitive, and job
impacts on United States air carriers associated with establishing such preclearance operations;
(5) details on information sharing mechanisms to ensure
that U.S. Customs and Border Protection has current information to prevent terrorist and criminal travel; and
(6) other factors that the Secretary determines to be necessary for Congress to comprehensively assess the appropriateness of commencing such preclearance operations.
(c) CERTIFICATIONS RELATING TO PRECLEARANCE OPERATIONS
ESTABLISHED AT AIRPORTS.—Not later than 60 days before an agreement with the government of a foreign country to establish U.S.
Customs and Border Protection preclearance operations at an airport in such country enters into force, the Secretary, in addition
to complying with the notification requirements under subsections
(a) and (b), shall provide the appropriate congressional committees
with—
(1) a certification that preclearance operations under such
preclearance agreement, after considering alternative options,
would provide homeland security benefits to the United States
through the most effective means possible;
(2) a certification that preclearance operations within such
foreign country will be established under such agreement only
if—
(A) at least one United States passenger carrier operates at such airport; and
(B) any United States passenger carriers operating
at such airport and desiring to participate in preclearance
operations are provided access that is comparable to that
of any non-United States passenger carrier operating at
that airport;
(3) a certification that the establishment of preclearance
operations in such foreign country will not significantly increase
customs processing times at United States airports;
(4) a certification that representatives from U.S. Customs
and Border Protection consulted with stakeholders, including
providers of commercial air service in the United States,
employees of such providers, security experts, and such other
parties as the Secretary determines to be appropriate; and
(5) a report detailing the basis for the certifications referred
to in paragraphs (1) through (4).
(d) AMENDMENT OF EXISTING AGREEMENTS.—Not later than
30 days before a substantially amended preclearance agreement
with the government of a foreign country in effect as of the date
of the enactment of this Act enters into force, the Secretary shall
provide to the appropriate congressional committees—
(1) a copy of the agreement, as amended; and
(2) the justification for such amendment.
(e) IMPLEMENTATION PLAN.—
(1) IN GENERAL.—The Commissioner shall report to the
appropriate congressional committees, on a quarterly basis—
(A) the number of U.S. Customs and Border Protection
officers, by port, assigned from domestic ports of entry
to preclearance operations; and
(B) the number of the positions at domestic ports of
entry vacated by U.S. Customs and Border Protection officers described in subparagraph (A) that have been filled

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Reports.

Records.

Reports.

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Determination.

PUBLIC LAW 114–125—FEB. 24, 2016

by other hired, trained, and equipped U.S. Customs and
Border Protection officers.
(2) SUBMISSION.—If the Commissioner has not filled the
positions of U.S. Customs and Border Protection officers that
were reassigned to preclearance operations and determines that
U.S. Customs and Border Protection processing times at
domestic ports of entry from which U.S. Customs and Border
Protection officers were reassigned to preclearance operations
have significantly increased, the Commissioner, not later than
60 days after making such a determination, shall submit to
the appropriate congressional committees an implementation
plan for reducing processing times at the domestic ports of
entry with such increased processing times.
(3) SUSPENSION.—If the Commissioner does not submit the
implementation plan described in paragraph (2) to the appropriate congressional committees before the deadline set forth
in such paragraph, the Commissioner may not commence
preclearance operations at an additional port of entry in any
country until such implementation plan is submitted.
(f) CLASSIFIED REPORT.—The report required under subsection
(c)(5) may be submitted in classified form if the Secretary determines that such form is appropriate.
SEC. 815. PROTOCOLS.

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Determination.

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

19 USC 4434.

SEC. 816. LOST AND STOLEN PASSPORTS.

Certification.

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

19 USC 4435.

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

(a) COST SHARING AGREEMENTS WITH RELEVANT AIRPORT
AUTHORITIES.—The Commissioner may enter into a cost sharing

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PUBLIC LAW 114–125—FEB. 24, 2016

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

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PUBLIC LAW 114–125—FEB. 24, 2016

(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.’’.

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19 USC 4436.

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

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

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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) EFFECTIVE DATE.—The amendment made by subsection (c)
shall apply with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act.
SEC. 902. CONSULTATION ON TRADE AND CUSTOMS REVENUE FUNCTIONS.

Applicability.
19 USC 1321
note.

Deadlines.

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,’’.

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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—

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PUBLIC LAW 114–125—FEB. 24, 2016
(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.

Definitions.

Applicability.

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Applicability.

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(a) ARTICLES EXPORTED AND RETURNED, ADVANCED OR
IMPROVED ABROAD.—
(1) IN GENERAL.—U.S. Note 3 to subchapter II of chapter
98 of the Harmonized Tariff Schedule of the United States
is amended by adding at the end the following:
‘‘(f)(1) For purposes of subheadings 9802.00.40 and 9802.00.50,
fungible articles exported from the United States for the purposes
described in such subheadings—
‘‘(A) may be commingled; and
‘‘(B) the origin, value, and classification of such articles
may be accounted for using an inventory management method.
‘‘(2) If a person chooses to use an inventory management
method under this paragraph with respect to fungible articles,
the person shall use the same inventory management method for
any other articles with respect to which the person claims fungibility
under this paragraph.
‘‘(3) For the purposes of this paragraph—
‘‘(A) the term ‘fungible articles’ means merchandise or articles that, for commercial purposes, are identical or interchangeable in all situations; and
‘‘(B) the term ‘inventory management method’ means any
method for managing inventory that is based on generally
accepted accounting principles.’’.
(2) EFFECTIVE DATE.—The amendment made by this subsection applies to articles classifiable under subheading
9802.00.40 or 9802.00.50 of the Harmonized Tariff Schedule
of the United States that are entered, or withdrawn from
warehouse for consumption, on or after the date that is 60
days after the date of the enactment of this Act.
(b) MODIFICATION OF PROVISIONS RELATING TO RETURNED PROPERTY.—
(1) IN GENERAL.—The article description for heading
9801.00.10 of the Harmonized Tariff Schedule of the United
States is amended by inserting after ‘‘exported’’ the following:
‘‘, or any other products when returned within 3 years after
having been exported’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) applies to articles entered, or withdrawn from warehouse
for consumption, on or after the date that is 60 days after
the date of the enactment of this Act.
(c) DUTY-FREE TREATMENT FOR CERTAIN UNITED STATES
GOVERNMENT PROPERTY RETURNED TO THE UNITED STATES.—
(1) IN GENERAL.—Subchapter I of chapter 98 of the Harmonized Tariff Schedule of the United States is amended by
inserting in numerical sequence the following new heading:

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PUBLIC LAW 114–125—FEB. 24, 2016
‘‘

9801.00.11

United States 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 ...................

Free

130 STAT. 225

’’.

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

Applicability.

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

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

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Definitions.

Applicability.

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PUBLIC LAW 114–125—FEB. 24, 2016

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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 8digit 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.

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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

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Records.

Records.

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PUBLIC LAW 114–125—FEB. 24, 2016

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

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PUBLIC LAW 114–125—FEB. 24, 2016

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) 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.—

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PUBLIC LAW 114–125—FEB. 24, 2016
‘‘(1) IN GENERAL.—Allowance of the privileges provided for
in this section shall be subject to compliance with such rules
and regulations as the Secretary of the Treasury shall prescribe.
‘‘(2) CALCULATION OF DRAWBACK.—
‘‘(A) IN GENERAL.—Not later than the date that is
2 years after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, the Secretary
shall prescribe regulations for determining the calculation
of amounts refunded as drawback under this section.
‘‘(B) CLAIMS WITH RESPECT TO UNUSED MERCHANDISE.—
The regulations required by subparagraph (A) for determining the calculation of amounts refunded as drawback
under this section shall provide for a refund of equal to
99 percent of the duties, taxes, and fees paid on the
imported merchandise, which were imposed under Federal
law upon entry or importation of the imported merchandise,
and may require the claim to be based upon the average
per unit duties, taxes, and fees as reported on the entry
summary line item or, if not reported on the entry summary
line item, as otherwise allocated by U.S. Customs and
Border Protection, except that where there is substitution
of the merchandise, then—
‘‘(i) in the case of an article that is exported, the
amount of the refund shall be equal to 99 percent
of the lesser of—
‘‘(I) the amount of duties, taxes, and fees paid
with respect to the imported merchandise; or
‘‘(II) the amount of duties, taxes, and fees that
would apply to the exported article if the exported
article were imported; and
‘‘(ii) in the case of an article that is destroyed,
the amount of the refund shall be an amount that
is—
‘‘(I) equal to 99 percent of the lesser of—
‘‘(aa) the amount of duties, taxes, and fees
paid with respect to the imported merchandise; and
‘‘(bb) the amount of duties, taxes, and fees
that would apply to the destroyed article if
the destroyed article were imported; and
‘‘(II) reduced by the value of materials recovered during destruction as provided in subsection
(x).
‘‘(C) CLAIMS WITH RESPECT TO MANUFACTURED ARTICLES

Deadline.

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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

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PUBLIC LAW 114–125—FEB. 24, 2016

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—

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Records.

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Electronic filing.

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PUBLIC LAW 114–125—FEB. 24, 2016

(i) by striking ‘‘, so designated on the certificate
of delivery or certificate of manufacture and delivery’’;
and
(ii) by striking the last sentence and inserting
the following: ‘‘The party transferring the merchandise
shall maintain records kept in the normal course of
business to demonstrate the transfer.’’.
(i) PACKAGING MATERIAL.—Section 313(q) of the Tariff Act of
1930 (19 U.S.C. 1313(q)) is amended—
(1) in paragraph (1), by striking ‘‘of 99 percent of any
duty, tax, or fee imposed under Federal law on such imported
material’’ and inserting ‘‘in an amount calculated pursuant
to regulations prescribed by the Secretary of the Treasury
under subsection (l)’’;
(2) in paragraph (2), by striking ‘‘of 99 percent of any
duty, tax, or fee imposed under Federal law on the imported
or substituted merchandise used to manufacture or produce
such material’’ and inserting ‘‘in an amount calculated pursuant
to regulations prescribed by the Secretary of the Treasury
under subsection (l)’’; and
(3) in paragraph (3), by striking ‘‘they contain’’ each place
it appears and inserting ‘‘it contains’’.
(j) FILING OF DRAWBACK CLAIMS.—Section 313(r) of the Tariff
Act of 1930 (19 U.S.C. 1313(r)) is amended—
(1) in paragraph (1)—
(A) by striking the first sentence and inserting the
following: ‘‘A drawback entry shall be filed or applied for,
as applicable, not later than 5 years after the date on
which merchandise on which drawback is claimed was
imported.’’;
(B) in the second sentence, by striking ‘‘3-year’’ and
inserting ‘‘5-year’’; and
(C) in the third sentence, by striking ‘‘the Customs
Service’’ and inserting ‘‘U.S. Customs and Border Protection’’;
(2) in paragraph (3)—
(A) in subparagraph (A)—
(i) in the matter preceding clause (i), by striking
‘‘The Customs Service’’ and inserting ‘‘U.S. Customs
and Border Protection’’;
(ii) in clauses (i) and (ii), by striking ‘‘the Customs
Service’’ each place it appears and inserting ‘‘U.S. Customs and Border Protection’’; and
(iii) in clause (ii)(I), by striking ‘‘3-year’’ and
inserting ‘‘5-year’’; and
(B) in subparagraph (B), by striking ‘‘the periods of
time for retaining records set forth in subsection (t) of
this section and’’ and inserting ‘‘the period of time for
retaining records set forth in’’; and
(3) by adding at the end the following:
‘‘(4) All drawback claims filed on and after the date that
is 2 years after the date of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015 shall be filed electronically.’’.
(k) DESIGNATION OF MERCHANDISE BY SUCCESSOR.—Section
313(s) of the Tariff Act of 1930 (19 U.S.C. 1313(s)) is amended—

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PUBLIC LAW 114–125—FEB. 24, 2016

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) An assessment of the modernization of drawback
and refunds under section 313 of the Tariff Act of 1930,
as amended by this section.
(B) A description of drawback claims that were permissible before the effective date provided for in subsection
(q) that are not permissible after that effective date and
an identification of industries most affected.
(C) A description of drawback claims that were not
permissible before the effective date provided for in subsection (q) that are permissible after that effective date
and an identification of industries most affected.
(q) EFFECTIVE DATE.—

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Assessment.

19 USC 1313
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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) except as provided in paragraph (3), apply to drawback claims filed on or after the date that is 2 years
after such date of enactment.
(2) REPORTING OF OPERABILITY OF AUTOMATED COMMERCIAL
ENVIRONMENT COMPUTER SYSTEM.—Not later than one year
after the date of the enactment of this Act, and not later
than 2 years after such date of enactment, the Secretary of
the Treasury shall submit to the Committee on Finance of
the Senate and the Committee on Ways and Means of the
House of Representatives a report on—
(A) the date on which the Automated Commercial
Environment will be ready to process drawback claims;
and
(B) the date on which the Automated Export System
will be ready to accept proof of exportation under subsection
(i) of section 313 of the Tariff Act of 1930, as amended
by subsection (d) of this section.
(3) TRANSITION RULE.—During the one-year period beginning on the date that is 2 years after the date of the enactment
of this Act, a person may elect to file a claim for drawback
under—
(A) section 313 of the Tariff Act of 1930, as amended
by this section; or
(B) section 313 of the Tariff Act of 1930, as in effect
on the day before the date of the enactment of this Act.

Applicability.

Time period.

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19 USC 4451.

PUBLIC LAW 114–125—FEB. 24, 2016

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

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

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PUBLIC LAW 114–125—FEB. 24, 2016

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) A summary of any complaints or criticism received
by U.S. Customs and Border Protection during that year
regarding the agreement.
(9) An assessment of the compliance of the entity described
in paragraph (2) with the terms of the agreement.
(10) Recommendations with respect to how activities conducted pursuant to the agreement could function more effectively or better produce economic benefits and security benefits
(if applicable).
(11) A summary of the benefits to and challenges faced
by U.S. Customs and Border Protection and the entity described
in paragraph (2) under the agreement.
(12) If the entity described in paragraph (2) is an operator
of an airport—
(A) a detailed account of the revenue collected by U.S.
Customs and Border Protection at the airport from—
(i) fees collected under the agreement; and
(ii) fees collected from sources other than under
the agreement, including fees paid by passengers and
air carriers; and
(B) an assessment of the revenue described in subparagraph (A) compared with the operating costs of U.S. Customs and Border Protection at the airport.
(b) PROGRAM SPECIFIED.—A program specified in this subsection

Summary.

Assessment.
Recommendations.

Summary.

Assessment.

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.

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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

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Deadline.

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19 USC 4452.

PUBLIC LAW 114–125—FEB. 24, 2016

(2) by adding at the end the following:
‘‘(B)(i) An appropriate officer of U.S. Customs and Border
Protection may assign a sufficient number of employees of U.S.
Customs and Border Protection (if available) to perform services
described in clause (ii) for a charter air carrier (as defined in
section 40102 of title 49, United States Code) for a charter flight
arriving after normal operating hours at an airport that is an
established port of entry serviced by U.S. Customs and Border
Protection, notwithstanding that overtime funds for those services
are not available, if the charter air carrier—
‘‘(I) not later than 4 hours before the flight arrives, specifically requests that such services be provided; and
‘‘(II) pays any overtime fees incurred in connection with
such services.
‘‘(ii) Services described in this clause are customs services for
passengers and their baggage or any other similar service that
could lawfully be performed during regular hours of operation.’’.
SEC. 909. UNITED STATES-ISRAEL TRADE AND COMMERCIAL ENHANCEMENT.

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

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PUBLIC LAW 114–125—FEB. 24, 2016

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, quasigovernmental 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.

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President.

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PUBLIC LAW 114–125—FEB. 24, 2016

(2) EFFECTIVE DATE.—This subsection takes effect on the
date of the enactment of this Act and applies with respect
to negotiations commenced before, on, or after such date of
enactment.
(d) REPORT ON POLITICALLY MOTIVATED ACTS OF BOYCOTT OF,
DIVESTMENT FROM, AND SANCTIONS AGAINST ISRAEL.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the
President shall submit to Congress a report on politically motivated boycotts of, divestment from, and sanctions against Israel.
(2) MATTERS TO BE INCLUDED.—The report required by
paragraph (1) shall include the following:
(A) A description of the establishment of barriers to
trade, including nontariff barriers, investment, or commerce by foreign countries or international organizations
against United States persons operating or doing business
in Israel, with Israeli entities, or in Israeli-controlled territories.
(B) A description of specific steps being taken by the
United States to encourage foreign countries and international organizations to cease creating such barriers and
to dismantle measures already in place, and an assessment
of the effectiveness of such steps.
(C) A description of specific steps being taken by the
United States to prevent investigations or prosecutions by
governments or international organizations of United
States persons solely on the basis of such persons doing
business with Israel, with Israeli entities, or in Israelicontrolled 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.

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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.

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

(a) ELIMINATION OF CONSUMPTIVE DEMAND EXCEPTION.—
(1) IN GENERAL.—Section 307 of the Tariff Act of 1930
(19 U.S.C. 1307) is amended by striking ‘‘The provisions of
this section’’ and all that follows through ‘‘of the United States.’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect on the date that is 15 days after the
date of the enactment of this Act.
(b) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, the Commissioner shall submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives a report on compliance with section 307 of the Tariff Act
of 1930 (19 U.S.C. 1307) that includes the following:
(1) The number of instances in which merchandise was
denied entry pursuant to that section during the 1-year period
preceding the submission of the report.

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19 USC 1307
note.
19 USC 4453.

Time period.

PUBL125

130 STAT. 240

PUBLIC LAW 114–125—FEB. 24, 2016
(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’’.

dkrause on DSKHT7XVN1PROD with PUBLAWS

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;

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PUBLIC LAW 114–125—FEB. 24, 2016

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) 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.

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Definitions.

PUBL125

130 STAT. 242

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Records.

PUBLIC LAW 114–125—FEB. 24, 2016

‘‘(vii) The term ‘reinforcement’ refers to the use of a double
layer of fabric or section(s) of fabric that is abrasion-resistant
or otherwise more durable than the face fabric of the garment.
‘‘(viii) The term ‘weatherproof closure’ means a closure
(including, but not limited to, laminated or coated zippers,
storm flaps or other weatherproof construction) that has been
reinforced or engineered in a manner to reduce the penetration
or absorption of moisture or air through an opening in the
garment.
‘‘(ix) The term ‘multi-adjustable hood or adjustable collar’
means, in the case of a hood, a hood into which is incorporated
two or more draw cords, adjustment tabs or elastics, or, in
the case of a collar, a collar into which is incorporated at
least one draw cord, adjustment tab, elastic or similar component, to allow volume adjustments around a helmet, or the
crown of the head, neck or face.
‘‘(x) The terms ‘adjustable powder skirt’ and ‘inner protective skirt’ refer to a partial lower inner lining with means
of tightening around the waist for additional protection from
the elements.
‘‘(xi) The term ‘arm gusset’ means construction at the arm
of a gusset that utilizes an extra fabric piece in the underarm,
usually diamond- or triangular-shaped, designed or patterned
to allow radial arm movement.
‘‘(xii) The term ‘radial arm movement’ refers to unrestricted, 180-degree range of motion for the arm while wearing
performance outerwear.
‘‘(xiii) The term ‘odor control technology’ means the incorporation into a fabric or garment of materials, including, but
not limited to, activated carbon, silver, copper or any combination thereof, capable of adsorbing, absorbing or reacting with
human odors, or effective in reducing the growth of odor-causing
bacteria.
‘‘(xiv) The term ‘occupational outerwear’ means outerwear
garments, including uniforms, of a kind principally used in
the work place and specially designed to provide protection
from work place hazards such as fire, electrical, abrasion or
chemical hazards, or impacts, cuts and punctures.
‘‘(c) The importer of goods entered as ‘recreational performance
outerwear’ under a particular subheading of this chapter shall
maintain records demonstrating that the entered goods meet the
terms of this note, including such information as is necessary to
demonstrate the presence of the specific features that render the
goods eligible for classification as ‘recreational performance outerwear’.’’.
(c) TARIFF CLASSIFICATIONS.—Chapter 62 of the Harmonized
Tariff Schedule of the United States is amended as follows:
(1)(A) By striking subheadings 6201.91.10 through
6201.91.20 and inserting the following, with the superior text
to subheading 6201.91.03 having the same degree of indentation
as the article description for subheading 6201.91.10 (as in effect
on the day before the effective date of this section):
‘‘

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PUBL125

PUBLIC LAW 114–125—FEB. 24, 2016
6201.91.03

6201.91.05

6201.91.25

6201.91.40

Padded,
sleeveless
jackets ............

Other ..............

Other:
Padded,
sleeveless
jackets ............

Other ..............

8.5%

49.7¢/kg +
19.7%

8.5%

49.7¢/kg +
19.7%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, P,
PA, PE, SG)
2.5% (OM)
Free (AU,BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, P,
PA, PE, SG)
14.9¢/kg +5.9%
(OM)

Free (AU,BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, P,
PA, PE, SG)
2.5% (OM)
Free (AU,BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, P,
PA, PE, SG)
14.9¢/kg +5.9%
(OM)

130 STAT. 243

58.5%

52.9¢/kg + 58.5%

58.5%

52.9¢/kg + 58.5%

’’.

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

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‘‘

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Applicability.

Applicability.

Recreational performance outerwear:

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PUBL125

130 STAT. 244

PUBLIC LAW 114–125—FEB. 24, 2016
6201.92.05

Containing 15 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 ..

4.4%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

60%

6201.92.17

Other:
Water resistant ...

6.2%

37.5%

6201.92.19

Other ...................

9.4%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU,BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

Other:
Containing 15 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 ..

4.4%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

60%

6201.92.35

Other:
Water resistant ...

6.2%

37.5%

6201.92.45

Other ...................

9.4%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU,BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

6201.92.30

90%

90%

’’.

dkrause on DSKHT7XVN1PROD with PUBLAWS

(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):
‘‘

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PUBL125

PUBLIC LAW 114–125—FEB. 24, 2016
6201.93.15

6201.93.18

6201.93.45

Containing 15
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

4.4%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

60%

Other:
Padded,
sleeveless
jackets ..........

14.9%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

76%

49.5¢/kg +
19.6%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

52.9¢/kg + 58.5%

7.1%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

65%

Other:
Containing
36 percent
or more by
weight of
wool or
fine animal
hair ...........

Other:
Water
resistant

6201.93.47

6201.93.49

Other ....

27.7%

130 STAT. 245

90%

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Other:

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PUBL125

130 STAT. 246

PUBLIC LAW 114–125—FEB. 24, 2016
6201.93.50

6201.93.52

6201.93.55

Containing 15
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

4.4%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

60%

Other:
Padded,
sleeveless
jackets ..........

14.9%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

76%

49.5¢/kg +
19.6%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

52.9¢/kg + 58.5%

7.1%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

65%

Other:
Containing
36 percent
or more by
weight of
wool or
fine animal
hair ...........

Other:
Water
resistant

6201.93.60

6201.93.65

Other ....

27.7%

90%

’’.

(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):

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‘‘

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PUBL125

PUBLIC LAW 114–125—FEB. 24, 2016
6201.99.05

6201.99.15

6201.99.50

6201.99.80

Containing 70 percent or more by
weight of silk or
silk waste ..............
Other ......................

Free
4.2%

Other:
Containing 70 percent or more by
weight of silk or
silk waste ..............
Other ......................

Free
4.2%

Free (AU,BH,
CA, CL, CO,
E*, IL, JO,
KR, MA, MX,
OM, P, PA,
PE, SG)

Free (AU, BH,
CA, CL, CO,
E*, IL, JO,
KR, MA, MX,
OM, P, PA,
PE, SG)

130 STAT. 247

35%
35%

35%
35%

’’.

(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):
‘‘

6202.91.03

6202.91.15

6202.91.60

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6202.91.90

Recreational
performance
outerwear:
Padded,
sleeveless
jackets .........

Other ...........

Other:
Padded,
sleeveless
jackets .........

Other ...........

14%

36¢/kg +
16.3%

14%

36¢/kg +
16.3%

Free (AU, BH,
CA, CL, CO, IL,
JO, KR, MA, MX,
P, PA, PE, SG)
4.2% (OM)
Free (AU,BH,CA,
CL,CO,IL,JO,KR,
MA,MX,P,
PA,PE,SG)
10.8¢/kg + 4.8%
(OM)

Free (AU, BH,
CA, CL, CO, IL,
JO, KR, MA, MX,
P, PA, PE, SG)
4.2% (OM)
Free (AU, BH,
CA, CL, CO, IL,
JO, KR, MA, MX,
P, PA, PE, SG)
10.8¢/kg + 4.8%
(OM)

58.5%

46.3¢/kg +58.5%

58.5%

46.3¢/kg + 58.5%

’’.

(B) The staged reductions in the special rate of duty proclaimed for subheading 6202.91.10 of the Harmonized Tariff

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Applicability.

PUBL125

130 STAT. 248

PUBLIC LAW 114–125—FEB. 24, 2016
Schedule of the United States before the effective date of this
section shall apply to subheadings 6202.91.03 and 6202.91.60
of such Schedule, as added by subparagraph (A), on and after
such effective date.
(C) The staged reductions in the special rate of duty proclaimed for subheading 6202.91.20 of such Schedule before
the effective date of this section shall apply to subheadings
6202.91.15 and 6202.91.90 of such Schedule, as added by
subparagraph (A), on and after such effective date.
(6) By striking subheadings 6202.92.10 through 6202.92.20
and inserting the following, with the superior text to subheading 6202.92.03 having the same degree of indentation as
the article description for subheading 6202.92.10 (as in effect
on the day before the effective date of this section):

Applicability.

‘‘

Recreational performance outerwear:
Containing 15
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 ...

4.4%

Free (AU, BH,
CA, CL, CO, IL,
JO, KR, MA, MX,
OM, P, PA, PE,
SG)

60%

6202.92.05

Other:
Water resistant

6.2%

37.5%

6202.92.12

Other ...............

8.9%

Free (AU, BH,
CA, CL, CO, IL,
JO, KR, MA, MX,
OM, P, PA, PE,
SG)
Free (AU, BH,
CA, CL, CO, IL,
JO, KR, MA,
MX,OM, P,
PA,PE, SG)

6202.92.03

90%

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Other:

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PUBL125

PUBLIC LAW 114–125—FEB. 24, 2016
6202.92.25

Containing 15
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 ...

4.4%

Free (AU, BH,
CA, CL, CO, IL,
JO, KR, MA, MX,
OM, P, PA, PE,
SG)

60%

6202.92.30

Other:
Water resistant

6.2%

37.5%

6202.92.90

Other ...............

8.9%

Free (AU, BH,
CA, CL, CO, IL,
JO, KR, MA, MX,
OM, P, PA, PE,
SG)
Free (AU, BH,
CA, CL, CO, IL,
JO, KR, MA, MX,
OM, P, PA, PE,
SG)

90%

130 STAT. 249

’’.

(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):
‘‘

6202.93.01

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6202.93.03

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Recreational performance outerwear:
Containing 15
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:
Padded,
sleeveless
jackets ..........

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4.4%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

60%

14.9%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

76%

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PUBL125

130 STAT. 250

PUBLIC LAW 114–125—FEB. 24, 2016
6202.93.05

Other:
Containing
36 percent
or more by
weight of
wool or
fine animal
hair ...........

Other:
Water
resistant

6202.93.07

6202.93.09

6202.93.15

6202.93.25

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6202.93.45

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Other ....

Other:
Containing 15
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:
Padded,
sleeveless
jackets ..........

Other:
Containing
36 percent
or more by
weight of
wool or
fine animal
hair ...........

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Fmt 6580

43.4¢/kg +
19.7%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

46.3¢/kg + 58.5%

7.1%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

65%

27.7%

90%

4.4%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

60%

14.9%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

76%

43.4¢/kg +
19.7%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

46.3¢/kg + 58.5%

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E:\PUBLAW\PUBL125.114

PUBL125

PUBLIC LAW 114–125—FEB. 24, 2016
Other:
Water
resistant

6202.93.48

6202.93.55

7.1%

Other ....

27.7%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

130 STAT. 251

65%

90%

’’.

(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):
‘‘

6202.99.03

6202.99.15

6202.99.60

6202.99.80

Recreational performance outerwear:
Containing 70
percent or more
by weight of silk
or silk waste .......
Other ..................

Free
2.8%

Other:
Containing 70
percent or more
by weight of silk
or silk waste .......
Other ..................

Free
2.8%

Free (AU,BH,
CA, CL, CO, E*,
IL, JO, KR,
MA,MX, OM, P,
PA, PE,SG)

Free (AU, BH,
CA, CL, CO, E*,
IL, JO, KR, MA,
MX, OM, P, PA,
PE, SG)

35%
35%

35%
35%

’’.

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

dkrause on DSKHT7XVN1PROD with PUBLAWS

‘‘

VerDate Sep 11 2014

6203.41

15:35 Jun 21, 2016

Applicability.

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

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130 STAT. 252

PUBLIC LAW 114–125—FEB. 24, 2016
6203.41.01

Trousers,
breeches,
containing
elastomeric
fiber,
water resistant,
without
belt loops,
weighing
more than
9 kg per
dozen ........

Other:
Trousers
of worsted wool
fabric,
made of
wool
yarn
having
an average fiber
diameter
of 18.5
microns
or less ...

6203.41.03

6203.41.06

Other ....

6203.41.08

Bib and
brace overalls ...............

7.6%

Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, P, PA,
PE,SG)
2.2% (OM)

52.9¢/kg + 58.5%

41.9¢/kg +
16.3%

Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, P, PA,
PE,SG)
12.5¢/kg +
4.8% (OM)
Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, P, PA,
PE,SG)
12.5¢/kg +
4.8% (OM)

52.9¢/kg +58.5%

41.9¢/kg +
16.3%

8.5%

Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, P, PA,
PE, SG)
2.5% (OM)

52.9¢/kg + 58.5%

63%

dkrause on DSKHT7XVN1PROD with PUBLAWS

Other:
Trousers,
breeches and
shorts:

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PUBL125

PUBLIC LAW 114–125—FEB. 24, 2016
6203.41.25

Trousers
and
breeches,
containing
elastomeric
fiber,
water resistant,
without
belt loops,
weighing
more than
9 kg per
dozen ........

Other:
Trousers
of worsted wool
fabric,
made of
wool
yarn
having
an average fiber
diameter
of 18.5
microns
or less ...

dkrause on DSKHT7XVN1PROD with PUBLAWS

6203.41.30

6203.41.60

Other ....

6203.41.80

Bib and
brace overalls ...............

7.6%

Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, P, PA,
PE,SG)
2.2% (OM)

52.9¢/kg +58.5%

41.9¢/kg
+16.3%

Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, P, PA,
PE,SG)
12.5¢/kg +
4.8% (OM)
Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, P, PA,
PE,SG)
12.5¢/kg +
4.8% (OM)

52.9¢/kg +58.5%

41.9¢/kg
+16.3%

8.5%

Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, P, PA,
PE,SG)
2.5% (OM)

130 STAT. 253

52.9¢/kg +58.5%

63%

’’.

(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

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130 STAT. 254

PUBLIC LAW 114–125—FEB. 24, 2016
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):

‘‘
6203.42.03

6203.42.05

6203.42.07

dkrause on DSKHT7XVN1PROD with PUBLAWS

6203.42.17

VerDate Sep 11 2014

15:35 Jun 21, 2016

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Recreational performance outerwear:
Containing 15 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 ................

10.3%

Other ...................

16.6%

Other:
Containing 15 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:

Frm 00134

Fmt 6580

Free

60%

Free (AU,BH,
CA, CL,CO, IL,
JO,KR,
MA,MX,OM, P,
PA,PE, SG)
Free (AU,BH,
CA, CL,CO, IL,
JO,
MA,MX,OM, P,
PA,PE, SG)
9.9% (KR)

Free

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E:\PUBLAW\PUBL125.114

90%

90%

60%

PUBL125

PUBLIC LAW 114–125—FEB. 24, 2016
6203.42.25

6203.42.45

Bib and brace
overalls ................

10.3%

Other ...................

16.6%

Free (AU,BH,
CA, CL,CO, IL,
JO,KR,
MA,MX,OM, P,
PA,PE, SG)
Free (AU,BH,
CA, CL,CO, IL,
JO, MA, MX,
OM, P, PA,PE,
SG)
9.9% (KR)

130 STAT. 255

90%

90%

’’.

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

6203.43.03

Recreational performance outerwear:
Containing 15 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: ............
Water resistant .................

6203.43.05

dkrause on DSKHT7XVN1PROD with PUBLAWS

6203.43.09

Other .............

Other:
Containing 36 percent or more by
weight of wool or
fine animal hair ...

Free

Applicability.

Applicability.

60%

7.1%

Free (AU,BH, CA,
CL, CO, IL, JO,
KR, MA,MX,OM,
P, PA,PE,SG)
Free (AU,BH, CA,
CL, CO, IL, JO,
KR, MA, MX,OM,
P, PA, PE,SG)

14.9%

49.6¢/kg +
19.7%

Free (AU,BH, CA,
CL, CO, IL, JO,
KR, MA, MX,OM,
P, PA,PE,SG)

65%

76%

52.9¢/kg +
58.5%

Other:

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130 STAT. 256

PUBLIC LAW 114–125—FEB. 24, 2016
6203.43.11

6203.43.13

6203.43.45

6203.43.55

7.1%

Other .........

27.9%

Other:
Containing 15 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: ............
Water resistant .................

6203.43.60

6203.43.65

Water resistant trousers or
breeches .....

Free (AU,BH, CA,
CL, CO, IL, JO,
MA, MX,OM, P,
PA,PE,SG)
1.4% (KR)
Free (AU,BH, CA,
CL, CO, IL, JO,
MA, MX,OM, P,
PA, PE,SG)
5.5% (KR)

Free

65%

90%

60%

7.1%

Free (AU,BH, CA,
CL, CO, IL, JO,
KR, MA, MX,OM,
P, PA, PE,SG)
Free (AU,BH, CA,
CL, CO,IL,JO,
KR, MA, MX,OM,
P, PA, PE,SG)

65%

Other .............

14.9%

Other:
Certified
hand-loomed
and folklore
products ........

12.2%

Free (AU,BH, CA,
CL, CO, IL, JO,
KR, MA, MX,OM,
P, PA, PE,SG)

76%

49.6¢/kg +
19.7%

Free (AU,BH, CA,
CL, CO, IL, JO,
KR, MA, MX,OM,
P, PA, PE,SG)

52.9¢/kg +
58.5%

6203.43.70

Other:
Containing
36 percent
or more by
weight of
wool or fine
animal hair

76%

dkrause on DSKHT7XVN1PROD with PUBLAWS

Other:

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PUBL125

PUBLIC LAW 114–125—FEB. 24, 2016
6203.43.75

6203.43.90

Water resistant
trousers
or breeches ............

7.1%

Other ......

27.9%

Free (AU,BH, CA,
CL, CO, IL, JO,
MA, MX,OM, P,
PA,PE,SG)
1.4% (KR)
Free (AU,BH, CA,
CL, CO, IL, JO,
MA, MX,OM, P,
PA, PE,SG)
5.5% (KR)

130 STAT. 257

65%

90%

’’.

(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):
‘‘

6203.49.01

6203.49.05

dkrause on DSKHT7XVN1PROD with PUBLAWS

6203.49.07

VerDate Sep 11 2014

15:35 Jun 21, 2016

Recreational performance outerwear:
Of artificial fibers:
Bib and brace
overalls ...........

Trousers,
breeches and
shorts ..............

Of other textile
materials: ...........
Containing 70
percent or
more by
weight of silk
or silk waste ...

Jkt 059139

PO 00125

8.5%

Free (AU,BH, CA,
CL, CO, IL,JO,
KR, MA, MX,OM,
P, PA,PE, SG)

76%

27.9%

Free (AU,BH, CA,
CL, CO, IL,JO,
KR, MA, MX,OM,
P,PA,PE, SG)

90%

Free

Frm 00137

35%

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E:\PUBLAW\PUBL125.114

PUBL125

130 STAT. 258

PUBLIC LAW 114–125—FEB. 24, 2016
6203.49.09

6203.49.25

6203.49.35

Other ..............

2.8%

Free (AU,BH, CA,
CL, CO, E*, IL,
JO,MA, MX,OM,
P, PA,PE, SG)
0.5% (KR)

35%

Other:
Of artificial fibers:
Bib and brace
overalls ...........

8.5%

Free (AU,BH, CA,
CL, CO, IL,JO,
KR, MA, MX,OM,
P, PA,PE, SG)

76%

Trousers,
breeches and
shorts:
Certified
hand-loomed
and folklore
products ......

12.2%

76%

Other ...........

27.9%

Free (AU,BH, CA,
CL, CO, IL,JO,
KR, MA, MX,OM,
P,PA,PE, SG)
Free (AU,BH, CA,
CL, CO, IL,JO,
KR, MA, MX,OM,
P,PA,PE, SG)

6203.49.50

6203.49.60

6203.49.90

Applicability.

dkrause on DSKHT7XVN1PROD with PUBLAWS

‘‘

15:35 Jun 21, 2016

Free
2.8%

Free (AU,BH, CA,
CL, CO, E*, IL,
JO,MA, MX,OM,
P,PA,PE, SG)
0.5% (KR)

35%
35%

’’.

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

Applicability.

VerDate Sep 11 2014

Of other textile
materials: ...........
Containing 70
percent or
more by
weight of silk
or silk waste ...
Other ..............

90%

Jkt 059139

Recreational performance outerwear:

PO 00125

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PUBL125

PUBLIC LAW 114–125—FEB. 24, 2016
6204.61.05

6204.61.15

6204.61.60

6204.61.80

Trousers and
breeches, containing
elastomeric fiber,
water resistant,
without belt loops,
weighing more than
6 kg per dozen ........

7.6%

Other .......................

13.6%

Other:
Trousers and
breeches, containing
elastomeric fiber,
water resistant,
without belt loops,
weighing more than
6 kg per dozen ........

Other .......................

7.6%

13.6%

Free (AU,BH,
CA, CL, CO,
IL,JO, KR,
MA, MX, P,
PA, PE, SG)
2.2% (OM)
Free (AU,BH,
CA, CL, CO,
IL,JO, KR,
MA, MX, P,
PA, PE, SG)
4% (OM)

Free (AU,BH,
CA, CL, CO,
IL,JO, KR,
MA, MX, P,
PA, PE, SG)
2.2% (OM)
Free (AU,BH,
CA, CL, CO,
IL,JO, KR,
MA, MX, P,
PA, PE, SG)
4% (OM)

130 STAT. 259

58.5%

58.5%

58.5%

58.5%

’’.

(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):

dkrause on DSKHT7XVN1PROD with PUBLAWS

‘‘

VerDate Sep 11 2014

15:35 Jun 21, 2016

Recreational performance outerwear:

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130 STAT. 260

PUBLIC LAW 114–125—FEB. 24, 2016
6204.62.03

6204.62.05

6204.62.15

6204.62.50

6204.62.60

6204.62.70

Containing 15 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 ................

Other ...................

Other:
Containing 15 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 ................

Other:
Certified handloomed and
folklore products ...................

6204.62.80

dkrause on DSKHT7XVN1PROD with PUBLAWS

15:35 Jun 21, 2016

8.9%

16.6%

60%

Free (AU,BH,
CA, CL,CO, IL,
JO,KR,
MA,MX, OM,
P, PA, PE, SG)
Free (AU,BH,
CA, CL,CO, IL,
JO, MA,
MX,OM, P,
PA,PE, SG)
9.9% (KR)

Free

90%

90%

60%

8.9%

Free (AU,BH,
CA, CL,CO, IL,
JO,KR,
MA,MX, OM,
P, PA, PE, SG)

90%

7.1%

Free (AU,BH,
CA, CL,CO, E,
IL, JO,KR,
MA,MX, OM,
P, PA, PE, SG)
Free (AU,BH,
CA, CL,CO, IL,
JO, MA,
MX,OM, P,
PA,PE, SG)
9.9% (KR)

37.5%

16.6%

90%

’’.

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

Applicability.

VerDate Sep 11 2014

Other ................

Free

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PUBLIC LAW 114–125—FEB. 24, 2016

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):
‘‘

6204.63.02

Recreational performance outerwear:
Containing 15 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:
Water resistant

6204.63.03

Other ................

14.9%

Other:
Containing 36
percent or more
by weight of
wool or fine animal hair ...........

6204.63.01

6204.63.08

Other:
Water resistant trousers
or breeches ...

6204.63.09

6204.63.11

Other ............

Free

60%

Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, OM,P,
PA,PE, SG)
Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, OM,P,
PA,PE, SG)

65%

13.6%

Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX,OM,P,
PA,PE, SG)

58.5%

7.1%

Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX,OM,P,
PA,PE, SG)
Free
(AU,BH,CA,
CL,CO, IL,JO,
MA,MX,OM,P,
PA,PE, SG)
5.7% (KR)

65%

7.1%

28.6%

76%

90%

dkrause on DSKHT7XVN1PROD with PUBLAWS

Other:

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130 STAT. 262

PUBLIC LAW 114–125—FEB. 24, 2016
6204.63.50

6204.63.55

Containing 15 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:
Water resistant

6204.63.60

Other ................

14.9%

6204.63.65

Certified handloomed and folklore products .......

Other:
Containing 36
percent or more
by weight of
wool or fine animal hair ...........

6204.63.70

6204.63.75

6204.63.90

dkrause on DSKHT7XVN1PROD with PUBLAWS

15:35 Jun 21, 2016

Other ............

60%

Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, OM,P,
PA,PE, SG)
Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, OM,P,
PA,PE, SG)

65%

11.3%

Free (AU, BH,
CA, CL, CO, E,
IL, JO,KR,
MA,MX,OM,P,
PA,PE, SG)

76%

13.6%

Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, OM,P,
PA,PE, SG)

58.5%

7.1%

Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, OM,P,
PA,PE, SG)
Free (AU, BH,
CA, CL, CO,IL,
JO, MA,
MX,OM, P, PA,
PE,SG)
5.7% (KR)

65%

7.1%

28.6%

76%

90%

’’.

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

Applicability.

VerDate Sep 11 2014

Other:
Water resistant trousers
or breeches ...

Free

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PUBLIC LAW 114–125—FEB. 24, 2016

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):
‘‘

6204.69.01

6204.69.02

Recreational performance outerwear:
Of artificial fibers:
Bib and brace
overalls ................

13.6%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

76%

Trousers, breeches and shorts: ......
Containing 36
percent or more
by weight of
wool or fine
animal hair ......

13.6%

58.5%

Other ................

28.6%

Free (AU,BH,
CA, CL,CO, IL,
JO,KR, MA,
MX, OM, P,
PA, PE, SG)
Free (AU,BH,
CA, CL,CO, IL,
JO,KR, MA,
MX, OM, P,
PA, PE, SG)

6204.69.03

Of silk or silk
waste:
Containing 70
percent or more
by weight of silk
or silk waste .......

1.1%

6204.69.05

Other ...................

7.1%

6204.69.06

Other .......................

2.8%

6204.69.04

Free (AU, BH,
CA, CL, CO, E,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU,BH,
CA, CL,CO,
E*, IL, JO,
KR,MA,MX,
OM, P,PA, PE,
SG)
Free (AU, BH,
CA, CL, CO,
E*, IL, JO,
KR, MA, MX,
OM, P, PA,
PE, SG)

90%

65%

65%

35%

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Other:
Of artificial fibers:

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130 STAT. 264

PUBLIC LAW 114–125—FEB. 24, 2016
6204.69.15

6204.69.22

Bib and brace
overalls ................

13.6%

Free (AU,BH,
CA, CL,CO, IL,
JO,KR, MA,
MX, OM, P,
PA, PE, SG)

76%

Trousers, breeches and shorts: ......
Containing 36
percent or more
by weight of
wool or fine
animal hair ......

13.6%

58.5%

Other ................

28.6%

Free (AU,BH,
CA, CL,CO, IL,
JO,KR, MA,
MX, OM, P,
PA, PE, SG)
Free (AU,BH,
CA, CL,CO, IL,
JO,KR, MA,
MX, OM, P,
PA, PE, SG)

6204.69.28

Of silk or silk
waste:
Containing 70
percent or more
by weight of silk
or silk waste .......

1.1%

6204.69.65

Other ...................

7.1%

6204.69.80

Other .......................

2.8%

6204.69.45

Free (AU,BH,
CA, CL,CO, E,
IL, JO, KR,
MA, MX, OM,
P,PA, PE, SG)
Free (AU,BH,
CA, CL,CO,
E*,IL, JO,
KR,MA,MX,
OM, P,PA, PE,
SG)
Free (AU,BH,
CA, CL,CO,
E*, IL, JO,
KR,MA,MX,
OM, P,PA, PE,
SG)

90%

65%

65%

35%

’’.

(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):

dkrause on DSKHT7XVN1PROD with PUBLAWS

‘‘

VerDate Sep 11 2014

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Of man-made fibers:

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PUBLIC LAW 114–125—FEB. 24, 2016
6210.40.15

6210.40.25

6210.40.28

6210.40.29

6210.40.35

dkrause on DSKHT7XVN1PROD with PUBLAWS

6210.40.55

VerDate Sep 11 2014

15:35 Jun 21, 2016

Having an outer
surface impregnated, coated,
covered or laminated with rubber
or plastics material which completely obscures
the underlying
fabric ...................

3.8%

Other ...................

7.1%

Other:
Having an outer
surface impregnated, coated,
covered or laminated with rubber
or plastics material which completely obscures
the underlying
fabric ...................

3.3%

Other ...................

6.2%

Other:
Of man-made fibers:
Having an outer
surface impregnated, coated,
covered or laminated with rubber
or plastics material which completely obscures
the underlying
fabric ...................

3.8%

Other ...................

7.1%

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Free (AU, BH,
CA, CL, CO,IL,
JO,KR,
MA,MX, OM,P,
PA,PE, SG)
Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

Free (AU, BH,
CA, CL, CO, E,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU, BH,
CA, CL, CO,
E*, IL, JO,
KR, MA, MX,
OM, P, PA,
PE, SG)

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

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130 STAT. 265

65%

65%

37.5%

37.5%

65%

65%

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130 STAT. 266

PUBLIC LAW 114–125—FEB. 24, 2016
6210.40.75

6210.40.80

Other:
Having an outer
surface impregnated, coated,
covered or laminated with rubber
or plastics material which completely obscures
the underlying
fabric ...................

3.3%

Other ...................

6.2%

Free (AU, BH,
CA, CL, CO, E,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU, BH,
CA, CL, CO,
E*, IL, JO,
KR, MA, MX,
OM, P, PA,
PE, SG)

37.5%

37.5%

’’.

(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):
‘‘

6210.50.03

6210.50.05

Recreational performance outerwear:
Of man-made fibers:
Having an outer
surface impregnated, coated,
covered or laminated with rubber
or plastics material which completely obscures
the underlying
fabric ...................

3.8%

Other ...................

7.1%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX,
OM,P, PA, PE,
SG)
Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX,
OM,P, PA, PE,
SG)

65%

65%

dkrause on DSKHT7XVN1PROD with PUBLAWS

Other:

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PUBLIC LAW 114–125—FEB. 24, 2016
6210.50.12

6210.50.22

6210.50.35

6210.50.55

dkrause on DSKHT7XVN1PROD with PUBLAWS

6210.50.75

VerDate Sep 11 2014

15:35 Jun 21, 2016

Having an outer
surface impregnated, coated,
covered or laminated with rubber
or plastics material which completely obscures
the underlying
fabric ...................

3.3%

Other ...................

6.2%

Other:
Of man-made fibers:
Having an outer
surface impregnated, coated,
covered or laminated with rubber
or plastics material which completely obscures
the underlying
fabric ...................

3.8%

Other ...................

7.1%

Other:
Having an outer
surface impregnated, coated,
covered or laminated with rubber
or plastics material which completely obscures
the underlying
fabric ...................

3.3%

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Free (AU, BH,
CA, CL, CO, E,
IL, JO, KR,
MA, MX, OM,
P, PA,PE, SG)
Free (AU, BH,
CA, CL, CO,
E*, IL, JO,
KR, MA, MX,
OM, P,PA, PE,
SG)

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX,
OM,P, PA, PE,
SG)
Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX,
OM,P, PA, PE,
SG)

Free (AU, BH,
CA, CL, CO, E,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

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130 STAT. 267

37.5%

37.5%

65%

65%

37.5%

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PUBL125

130 STAT. 268

PUBLIC LAW 114–125—FEB. 24, 2016
6210.50.80

Other ...................

6.2%

Free (AU, BH,
CA, CL, CO,
E*, IL, JO,
KR, MA, MX,
OM, P, PA,
PE, SG)

37.5%

’’.

(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
6211.32.50

6211.32.90

Of cotton:
Recreational performance outerwear

8.1%

Other .......................

8.1%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

90%

90%

’’.

(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
6211.33.50

6211.33.90

dkrause on DSKHT7XVN1PROD with PUBLAWS

15:35 Jun 21, 2016

16%

Other .......................

16%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, P, PA
,PE, SG)
4.8% (OM)
Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, P,
PA, PE, SG)
4.8% (OM)

76%

76%

’’.

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

Applicability.

VerDate Sep 11 2014

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PUBLIC LAW 114–125—FEB. 24, 2016
‘‘

Recreational performance outerwear:
Of wool or fine animal hair ..................

12%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, P,
PA, PE, SG)
3.6% (OM)

58.5%

Containing 70 percent or more by
weight of silk or
silk waste ................

0.5%

35%

6211.39.15

Other .......................

2.8%

Free (AU, BH,
CA, CL, CO, E,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU, BH,
CA, CL, CO,
E*, IL, JO,
KR, MA, MX,
OM, P, PE,
SG)

6211.39.30

Other:
Of wool or fine animal hair ..................

12%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, P,
PA, PE, SG)
3.6% (OM)

58.5%

Containing 70 percent or more by
weight of silk or
silk waste ................

0.5%

35%

Other .......................

2.8%

Free (AU, BH,
CA, CL, CO, E,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU, BH,
CA, CL, CO,
E*, IL, JO,
KR, MA, MX,
OM, P, PE,
SG)

6211.39.03

6211.39.07

6211.39.60

6211.39.80

130 STAT. 269

35%

35%

’’.

dkrause on DSKHT7XVN1PROD with PUBLAWS

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

VerDate Sep 11 2014

6211.42

15:35 Jun 21, 2016

Applicability.

Of cotton:

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130 STAT. 270

PUBLIC LAW 114–125—FEB. 24, 2016
6211.42.05

6211.42.10

Recreational performance outerwear

8.1%

Other .......................

8.1%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)
Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

90%

90%

’’.

(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
6211.43.05

6211.43.10

Applicability.

‘‘

dkrause on DSKHT7XVN1PROD with PUBLAWS

6211.49.03

15:35 Jun 21, 2016

16%

Other .......................

16%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, P,
PA, PE, SG)
4.8% (OM)
Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, P,
PA, PE, SG)
4.8% (OM)

90%

90%

’’.

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

Applicability.

VerDate Sep 11 2014

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Containing 70 percent or more by
weight of silk or
silk waste ................

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1.2%

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Free (AU, BH,
CA, CL, CO, E,
IL, JO, KR,
MA, MX, OM,
P, PA,PE, SG)

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35%

PUBL125

PUBLIC LAW 114–125—FEB. 24, 2016
6211.49.15

6211.49.25

6211.49.50

6211.49.60

6211.49.80

Of wool or fine animal hair ..................

12%

Other .......................

7.3%

Other:
Containing 70 percent or more by
weight of silk or
silk waste ................

1.2%

Free (AU, BH,
CA, CL, CO, E,
IL, JO, KR,
MA, MX, OM,
P, PA, PE, SG)

35%

Of wool or fine animal hair ..................

12%

58.5%

Other .......................

7.3%

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA, MX, P,
PA, PE,SG)
3.6% (OM)
Free (AU, BH,
CA, CL, CO, E,
IL, JO, MA,
MX,OM, P, PA,
PE, SG)
1.4% (KR)

Free (AU, BH,
CA, CL, CO,
IL, JO, KR,
MA ,MX, P,
PA, PE, SG)
3.6% (OM)
Free (AU, BH,
CA, CL, CO, E,
IL, JO, MA,
MX, OM, P,
PA, PE, SG)
1.4% (KR)

130 STAT. 271

58.5%

35%

35%

’’.

dkrause on DSKHT7XVN1PROD with PUBLAWS

(B) The staged reductions in the special rate of duty proclaimed for subheading 6211.49.41 of the Harmonized Tariff
Schedule of the United States before the effective date of this
section shall apply to subheadings 6211.49.15 and 6211.49.60
of such Schedule, as added by subparagraph (A), on and after
such effective date.
(C) The staged reductions in the special rate of duty proclaimed for subheading 6211.49.90 of such Schedule before
the effective date of this section shall apply to subheadings
6211.49.25 and 6211.49.80 of such Schedule, as added by
subparagraph (A), on and after such effective date.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—Except as provided in paragraph (2), this
section and the amendments made by this section—
(A) shall take effect on the 180th day after the date
of the enactment of this Act; and
(B) shall apply to articles entered, or withdrawn from
warehouse for consumption, on or after such 180th day.
(2) SUBSECTION (a).—Subsection (a) shall take effect on
the date of the enactment of this Act.

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130 STAT. 272

PUBLIC LAW 114–125—FEB. 24, 2016

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

Effective date.

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Deadline.

VerDate Sep 11 2014

15:35 Jun 21, 2016

(a) IN GENERAL.—Chapter 64 of the Harmonized Tariff Schedule
of the United States is amended—
(1) by redesignating the Additional U.S. Note added by
section 602(a) of the Trade Preferences Extension Act of 2015
(Public Law 114–27; 129 Stat. 413) as Additional U.S. Note
6;
(2) in subheading 6402.91.42, by striking the matter in
the column 1 special rate of duty column and inserting the
following: ‘‘Free (AU, BH, CA, CL, D, IL, JO, MA, MX, P, R, SG)
1%(PA) 6%(OM) 6%(PE) 12%(CO) 20%(KR)’’; and
(3) in subheading 6402.99.32, by striking the matter in
the column 1 special rate of duty column and inserting the
following: ‘‘Free (AU, BH, CA, CL, D, IL, JO, MA, MX, P, R, SG)
1%(PA) 6%(OM) 6%(PE) 12%(CO) 20%(KR)’’.
(b) STAGED RATE REDUCTIONS.—Section 602(c) of the Trade
Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat.
414) is amended to read as follows:
‘‘(c) STAGED RATE REDUCTIONS.—Beginning in calendar year
2016, the staged reductions in special rates of duty proclaimed
before the date of the enactment of this Act—
‘‘(1) for subheading 6402.91.90 of the Harmonized Tariff
Schedule of the United States shall be applied to subheading
6402.91.42 of such Schedule, as added by subsection (b)(1);
and
‘‘(2) for subheading 6402.99.90 of such Schedule shall be
applied to subheading 6402.99.32 of such Schedule, as added
by subsection (b)(2).’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section
shall take effect as if included in the enactment of the Trade
Preferences Extension Act of 2015 (Public Law 114–27; 129
Stat. 362).
(2) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS
AND RELIQUIDATIONS.—
(A) IN GENERAL.—Notwithstanding section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other provision
of law and subject to subparagraph (B), any entry of an
article classified under subheading 6402.91.42 or
6402.99.32 of the Harmonized Tariff Schedule of the United
States, that—
(i) was made—
(I) after the effective date specified in section
602(d) of the Trade Preferences Extension Act of
2015 (Public Law 114–27; 129 Stat. 414), and
(II) before the date of the enactment of this
Act, and
(ii) to which a lower rate of duty would be
applicable if the entry were made after such date of
enactment,
shall be liquidated or reliquidated as though such entry
occurred on such date of enactment.
(B) REQUESTS.—A liquidation or reliquidation may be
made under subparagraph (A) with respect to an entry
only if a request therefor is filed with U.S. Customs and
Border Protection not later than 180 days after the date

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PUBLIC LAW 114–125—FEB. 24, 2016

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) 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).

Deadline.

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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

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President.

Records.

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Deadlines.
President.

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PUBLIC LAW 114–125—FEB. 24, 2016

9 of Annex D to the Ministerial Declaration adopted by
the World Trade Organization at the Sixth Ministerial
Conference at Hong Kong, China on December 18, 2005;
‘‘(C) to pursue transparency in fisheries subsidies programs; and
‘‘(D) to address illegal, unreported, and unregulated
fishing.’’.
(d) ACCREDITATION.—Section 104 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law
114–26; 19 U.S.C. 4203) is amended—
(1) in subsection (b)(3), by striking ‘‘an official’’ and
inserting ‘‘a delegate and official’’; and
(2) in subsection (c)(2)(C)—
(A) by striking ‘‘an official’’ each place it appears and
inserting ‘‘a delegate and official’’; and
(B) by inserting after the first sentence the following:
‘‘In addition, the chairmen and ranking members described
in subparagraphs (A)(i) and (B)(i) shall each be permitted
to designate up to 3 personnel with proper security clearances to serve as delegates and official advisers to the
United States delegation in negotiations for any trade
agreement to which this title applies.’’.
(e) TRAFFICKING IN PERSONS.—
(1) IN GENERAL.—Section 106(b)(6) of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015
(Public Law 114–26; 19 U.S.C. 4205(b)(6)) is amended by
striking subparagraph (B) and inserting the following:
‘‘(B) EXCEPTION.—
‘‘(i) INVOKING EXCEPTION.—If the President submits to the appropriate congressional committees a
letter stating that a country to which subparagraph
(A) applies has taken concrete actions to implement
the principal recommendations with respect to that
country in the most recent annual report on trafficking
in persons, the prohibition under subparagraph (A)
shall not apply with respect to a trade agreement
or trade agreements with that country.
‘‘(ii) CONTENT OF LETTER; PUBLIC AVAILABILITY.—
A letter submitted under clause (i) with respect to
a country shall—
‘‘(I) include a description of the concrete
actions that the country has taken to implement
the principal recommendations described in clause
(i);
‘‘(II) be accompanied by supporting documentation providing credible evidence of each such concrete action, including copies of relevant laws or
regulations adopted or modified, and any enforcement actions taken, by that country, where appropriate; and
‘‘(III) be made available to the public.
‘‘(C) SPECIAL RULE FOR CHANGES IN CERTAIN DETERMINATIONS.—If a country is listed as a tier 3 country in
an annual report on trafficking in persons submitted in
calendar year 2014 or any calendar year thereafter and,
in the annual report on trafficking in persons submitted
in the next calendar year, is listed on the tier 2 watch

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PUBLIC LAW 114–125—FEB. 24, 2016

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

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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) 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.).

19 USC 4201
note.

SEC. 915. TRADE PREFERENCES FOR NEPAL.

19 USC 4454.

President.
Determination.

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

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PUBLIC LAW 114–125—FEB. 24, 2016

130 STAT. 277

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

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4202.11.00 ..........................
4202.12.20 ..........................
4202.12.40 ..........................
4202.12.60 ..........................
4202.12.80 ..........................
4202.21.60 ..........................
4202.21.90 ..........................
4202.22.15 ..........................
4202.22.40 ..........................
4202.22.45 ..........................
..............................................
5701.10.90 ..........................
5702.31.20 ..........................
5702.49.20 ..........................
5702.50.40 ..........................
5702.50.59 ..........................
..............................................
6117.10.60 ..........................
6117.80.85 ..........................
6214.10.10 ..........................
6214.10.20 ..........................
..............................................
6504.00.90 ..........................
6505.00.08 ..........................
6505.00.15 ..........................
6505.00.20 ..........................
6505.00.25 ..........................

4202.22.60
4202.22.70
4202.22.80
4202.29.50
4202.29.90
4202.31.60
4202.32.40
4202.32.80
4202.32.95
4202.91.00

.........................
.........................
.........................
.........................
.........................
.........................
.........................
.........................
.........................

4202.92.08
4202.92.15
4202.92.20
4202.92.30
4202.92.45
4202.92.60
4202.92.90
4202.99.90
4203.29.50

5702.91.30 .........................
5702.91.40 .........................
5702.92.90 .........................
5702.99.15
5703.10.20

5703.10.80
5703.90.00
5705.00.20

6214.20.00 .........................
6214.40.00 .........................
6214.90.00 .........................
6216.00.80

6217.10.85
6301.90.00
6308.00.00

6505.00.30 .........................
6505.00.40 .........................
6505.00.50 .........................
6505.00.60
6505.00.80

6505.00.90
6506.99.30
6506.99.60

(iv) the President determines, after receiving the
advice of the United States International Trade
Commission in accordance with section 503(e) of the
Trade Act of 1974 (19 U.S.C. 2463(e)), that the article
is not import-sensitive in the context of imports from
Nepal; and
(v) subject to subparagraph (C), the sum of the
cost or value of the materials produced in, and the
direct costs of processing operations performed in,
Nepal or the customs territory of the United States
is not less than 35 percent of the appraised value
of the article at the time it is entered.
(B) EXCLUSIONS.—An article shall not be treated as
the growth, product, or manufacture of Nepal for purposes
of subparagraph (A)(i)(I) by virtue of having merely undergone—
(i) simple combining or packaging operations; or
(ii) mere dilution with water or mere dilution with
another substance that does not materially alter the
characteristics of the article.
(C) LIMITATION ON UNITED STATES COST.—For purposes
of subparagraph (A)(v), the cost or value of materials produced in, and the direct costs of processing operations
performed in, the customs territory of the United States
and attributed to the 35-percent requirement under that
subparagraph may not exceed 15 percent of the appraised
value of the article at the time it is entered.
(3) VERIFICATION WITH RESPECT TO TRANSSHIPMENT FOR
TEXTILE AND APPAREL ARTICLES.—

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Determination.

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130 STAT. 278
Deadlines.

Determination.

Deadline.
President.
Consultation.

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Web posting.

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PUBLIC LAW 114–125—FEB. 24, 2016
(A) IN GENERAL.—Not later than January 1, April 1,
July 1, and October 1 of each calendar year, the Commissioner shall verify that textile and apparel articles imported
from Nepal to which preferential treatment is extended
under this section are not being unlawfully transshipped
into the United States.
(B) REPORT TO PRESIDENT.—If the Commissioner determines under subparagraph (A) that textile and apparel
articles imported from Nepal to which preferential treatment is extended under this section are being unlawfully
transshipped into the United States, the Commissioner
shall report that determination to the President.
(d) TRADE FACILITATION AND CAPACITY BUILDING.—
(1) FINDINGS.—Congress makes the following findings:
(A) As a land-locked least-developed country, Nepal
has severe challenges reaching markets and developing
capacity to export goods. As of 2015, exports from Nepal
are approximately $800,000,000 per year, with India the
major market at $450,000,000 annually. The United States
imports about $80,000,000 worth of goods from Nepal, or
10 percent of the total goods exported from Nepal.
(B) The World Bank has found evidence that the overall
export competitiveness of Nepal has been declining since
2005. Indices compiled by the World Bank and the
Organization for Economic Co-operation and Development
found that export costs in Nepal are high with respect
to both air cargo and container shipments relative to other
low-income countries. Such indices also identify particular
weaknesses in Nepal with respect to automation of customs
and other trade functions, involvement of local exporters
and importers in preparing regulations and trade rules,
and export finance.
(C) Implementation by Nepal of the Agreement on
Trade Facilitation of the World Trade Organization could
directly address some of the weaknesses described in
subparagraph (B).
(2) ESTABLISHMENT OF TRADE FACILITATION AND CAPACITY
BUILDING PROGRAM.—Not later than 180 days after the date
of the enactment of this Act, the President shall, in consultation
with the Government of Nepal, establish a trade facilitation
and capacity building program for Nepal—
(A) to enhance the central export promotion agency
of Nepal to support successful exporters and to build awareness among potential exporters in Nepal about opportunities abroad and ways to manage trade documentation and
regulations in the United States and other countries;
(B) to provide export finance training for financial
institutions in Nepal and the Government of Nepal;
(C) to assist the Government of Nepal in maintaining
publication on the Internet of all trade regulations, forms
for exporters and importers, tax and tariff rates, and other
documentation relating to exporting goods and developing
a robust public-private dialogue, through its National Trade
Facilitation Committee, for Nepal to identify timelines for
implementation of key reforms and solutions, as provided
for under the Agreement on Trade Facilitation of the World
Trade Organization; and

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PUBLIC LAW 114–125—FEB. 24, 2016

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) 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.

President.
Review.

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

Section 107 of the Bipartisan Congressional Trade Priorities
and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C.
4206) is amended by adding at the end the following:
‘‘(c) AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION MEMBERS TO REDUCE RATES OF DUTY ON CERTAIN ENVIRONMENTAL
GOODS.—Notwithstanding the notification requirement described
in section 103(a)(2), the President may exercise the proclamation
authority provided for in section 103(a)(1)(B) to implement an agreement by members of the Asia-Pacific Economic Cooperation (APEC)
to reduce any rate of duty on certain environmental goods included
in Annex C of the APEC Leaders Declaration issued on September
9, 2012, if (and only if) the President, as soon as feasible after
the date of the enactment of the Trade Facilitation and Trade
Enforcement Act of 2015, and before exercising proclamation
authority under section 103(a)(1)(B), notifies Congress of the negotiations relating to the agreement and the specific United States
objectives in the negotiations.’’.

President.
Notification.
Negotiations.

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

(a) IN GENERAL.—Section 304(e) of the Tariff Act of 1930 (19
U.S.C. 1304(e)) is amended—
(1) in the subsection heading, by striking ‘‘MANHOLE RINGS
OR FRAMES, COVERS, AND ASSEMBLIES THEREOF’’ and inserting
‘‘CASTINGS’’;
(2) by inserting ‘‘inlet frames, tree and trench grates,
lampposts, lamppost bases, cast utility poles, bollards,
hydrants, utility boxes,’’ before ‘‘manhole rings,’’; and
(3) by adding at the end before the period the following:
‘‘in a location such that it will remain visible after installation’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) take effect on the date of the enactment of this Act and apply
with respect to the importation of castings described in such amendments on or after the date that is 180 days after such date of
enactment.

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Applicability.
Time period.
19 USC 1304
note.

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130 STAT. 280
President.

Notification.
Deadline.

PUBLIC LAW 114–125—FEB. 24, 2016

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

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

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

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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).

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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 amended by striking ‘‘$135’’ in the last sentence and
inserting ‘‘$205’’.
(b) CONFORMING AMENDMENT.—Section 6651(i) of such Code
is amended by striking ‘‘$135’’ and inserting ‘‘$205’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to returns required to be filed in calendar years after
2015.

26 USC 6651.

26 USC 6651
note.

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’’.

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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.

Æ

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