PUBLIC LAW 114–125—FEB. 24, 2016 

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 

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. 

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. 

Trade 

Facilitation 

and Trade 

Enforcement 

Act of 2015. 

19 USC 4301 

note. 

Feb. 24, 2016 

[H.R. 644] 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 123 

Sec. 307. Personnel dedicated to the enforcement of intellectual property rights. 

Sec. 308. Training with respect to the enforcement of intellectual property rights. 

Sec. 309. International cooperation and information sharing. 

Sec. 310. Report on intellectual property rights enforcement. 

Sec. 311. Information for travelers regarding violations of intellectual property 

rights. 

TITLE IV—PREVENTION OF EVASION OF ANTIDUMPING AND 

COUNTERVAILING DUTY ORDERS 

Sec. 401. Short title. 

Sec. 402. Definitions. 

Sec. 403. Application to Canada and Mexico. 

Subtitle A—Actions Relating to Enforcement of Trade Remedy Laws 

Sec. 411. Trade remedy law enforcement division. 

Sec. 412. Collection of information on evasion of trade remedy laws. 

Sec. 413. Access to information. 

Sec. 414. Cooperation with foreign countries on preventing evasion of trade remedy 

laws. 

Sec. 415. Trade negotiating objectives. 

Subtitle B—Investigation of Evasion of Trade Remedy Laws 

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

Subtitle C—Other Matters 

Sec. 431. Allocation and training of personnel. 

Sec. 432. Annual report on prevention and investigation of evasion of antidumping 

and countervailing duty orders. 

Sec. 433. Addressing circumvention by new shippers. 

TITLE V—SMALL BUSINESS TRADE ISSUES AND STATE TRADE 

COORDINATION 

Sec. 501. Short title. 

Sec. 502. Outreach and input from small businesses to trade promotion authority. 

Sec. 503. State Trade Expansion Program. 

Sec. 504. State and Federal Export Promotion Coordination. 

Sec. 505. State trade coordination. 

TITLE VI—ADDITIONAL ENFORCEMENT PROVISIONS 

Sec. 601. Trade enforcement priorities. 

Sec. 602. Exercise of WTO authorization to suspend concessions or other obligations under trade agreements. 

Sec. 603. Trade monitoring. 

Sec. 604. Establishment of Interagency Center on Trade Implementation, Monitoring, and Enforcement. 

Sec. 605. Inclusion of interest in certain distributions of antidumping duties and 

countervailing duties. 

Sec. 606. Illicitly imported, exported, or trafficked cultural property, archaeological 

or ethnological materials, and fish, wildlife, and plants. 

Sec. 607. Enforcement under title III of the Trade Act of 1974 with respect to certain acts, policies, and practices. 

Sec. 608. Honey transshipment. 

Sec. 609. Establishment of Chief Innovation and Intellectual Property Negotiator. 

Sec. 610. Measures relating to countries that deny adequate protection for intellectual property rights. 

Sec. 611. Trade Enforcement Trust Fund. 

TITLE VII—ENGAGEMENT ON CURRENCY EXCHANGE RATE AND 

ECONOMIC POLICIES 

Sec. 701. Enhancement of engagement on currency exchange rate and economic 

policies with certain major trading partners of the United States. 

Sec. 702. Advisory Committee on International Exchange Rate Policy. 

TITLE VIII—MATTERS RELATING TO U.S. CUSTOMS AND BORDER 

PROTECTION 

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

Sec. 801. Short title. 


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130 STAT. 124 PUBLIC LAW 114–125—FEB. 24, 2016 

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

Subtitle B—Preclearance Operations 

Sec. 811. Short title. 

Sec. 812. Definitions. 

Sec. 813. Establishment of preclearance operations. 

Sec. 814. Notification and certification to Congress. 

Sec. 815. Protocols. 

Sec. 816. Lost and stolen passports. 

Sec. 817. Recovery of initial U.S. Customs and Border Protection preclearance operations costs. 

Sec. 818. Collection and disposition of funds collected for immigration inspection 

services and preclearance activities. Sec. 819. Application to new and existing preclearance operations. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. De minimis value. 

Sec. 902. Consultation on trade and customs revenue functions. 

Sec. 903. Penalties for customs brokers. 

Sec. 904. Amendments to chapter 98 of the Harmonized Tariff Schedule of the 

United States. 

Sec. 905. Exemption from duty of residue of bulk cargo contained in instruments 

of international traffic previously exported from the United States. Sec. 906. Drawback and refunds. 

Sec. 907. Report on certain U.S. Customs and Border Protection agreements. 

Sec. 908. Charter flights. 

Sec. 909. United States-Israel trade and commercial enhancement. 

Sec. 910. Elimination of consumptive demand exception to prohibition on importation of goods made with convict labor, forced labor, or indentured labor; 

report. Sec. 911. Voluntary reliquidations by U.S. Customs and Border Protection. 

Sec. 912. Tariff classification of recreational performance outerwear. 

Sec. 913. Modifications to duty treatment of protective active footwear. 

Sec. 914. Amendments to Bipartisan Congressional Trade Priorities and Accountability Act of 2015. Sec. 915. Trade preferences for Nepal. 

Sec. 916. Agreement by Asia-Pacific Economic Cooperation members to reduce 

rates of duty on certain environmental goods. Sec. 917. Amendment to Tariff Act of 1930 to require country of origin marking of 

certain castings. Sec. 918. Inclusion of certain information in submission of nomination for appointment as Deputy United States Trade Representative. Sec. 919. Sense of Congress on the need for a miscellaneous tariff bill process. 

Sec. 920. Customs user fees. 

Sec. 921. Increase in penalty for failure to file return of tax. 

Sec. 922. Permanent moratorium on Internet access taxes and on multiple and discriminatory taxes on electronic commerce. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) AUTOMATED COMMERCIAL ENVIRONMENT.—The term 

‘‘Automated Commercial Environment’’ means the Automated 

Commercial Environment computer system authorized under 

section 13031(f)(4) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(4)). 

(2) COMMERCIAL OPERATIONS OF U.S. CUSTOMS AND BORDER

PROTECTION.—The term ‘‘commercial operations of U.S. Customs and Border Protection’’ includes— 

(A) administering any customs revenue function (as 

defined in section 415 of the Homeland Security Act of 

2002 (6 U.S.C. 215)); 

(B) coordinating efforts of the Department of Homeland 

Security with respect to trade facilitation and trade enforcement; 

(C) coordinating with the Director of U.S. Immigration 

and Customs Enforcement with respect to— 

(i) investigations relating to trade enforcement; 

and 

19 USC 4301. 


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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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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 127 

(G) any other person (other than an employee of a 

government) affected by the implementation of the customs 

and trade laws of the United States. 

(6) TRADE ENFORCEMENT.—The term ‘‘trade enforcement’’ 

means the enforcement of the customs and trade laws of the 

United States. 

(7) TRADE FACILITATION.—The term ‘‘trade facilitation’’ 

refers to policies and activities of U.S. Customs and Border 

Protection with respect to facilitating the movement of merchandise into and out of the United States in a manner that 

complies with the customs and trade laws of the United States. 

TITLE I—TRADE FACILITATION AND 

TRADE ENFORCEMENT 

SEC. 101. IMPROVING PARTNERSHIP PROGRAMS. 

(a) IN GENERAL.—In order to advance the security, trade 

enforcement, and trade facilitation missions of U.S. Customs and 

Border Protection, the Commissioner shall ensure that partnership 

programs of U.S. Customs and Border Protection established before 

the date of the enactment of this Act, such as the Customs–Trade 

Partnership Against Terrorism established under subtitle B of title 

II of the Security and Accountability for Every Port Act of 2006 

(6 U.S.C. 961 et seq.), and partnership programs of U.S. Customs 

and Border Protection established on or after such date of enactment, provide trade benefits to private sector entities that meet 

the requirements for participation in those programs established 

by the Commissioner under this section. 

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

(1) consult with private sector entities, the public, and 

other Federal agencies when appropriate, to ensure that participants in those programs receive commercially significant and 

measurable trade benefits, including providing preclearance of 

merchandise for qualified persons that demonstrate the highest 

levels of compliance with the customs and trade laws of the 

United States, regulations of U.S. Customs and Border Protection, and other requirements the Commissioner determines to 

be necessary; 

(2) ensure an integrated and transparent system of trade 

benefits and compliance requirements for all partnership programs of U.S. Customs and Border Protection; 

(3) consider consolidating partnership programs in situations in which doing so would support the objectives of such 

programs, increase participation in such programs, enhance 

the trade benefits provided to participants in such programs, 

and enhance the allocation of the resources of U.S. Customs 

and Border Protection; 

(4) coordinate with the Director of U.S. Immigration and 

Customs Enforcement, and other Federal agencies with 

authority to detain and release merchandise entering the 

United States— 

(A) to ensure coordination in the release of such merchandise through the Automated Commercial Environment, 

or its predecessor, and the International Trade Data 

Coordination. 

Consultation. 

19 USC 4311. 


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130 STAT. 128 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 

Assessment. 

Summaries. 

Criteria. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 129 

benefits available to participants in such partnership programs; 

and 

(9) summarizes the plans, targets, and goals of U.S. Customs and Border Protection with respect to such partnership 

programs for the 2 years following the submission of the report. 

SEC. 102. REPORT ON EFFECTIVENESS OF TRADE ENFORCEMENT 

ACTIVITIES. 

(a) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, the Comptroller General of the United 

States shall submit to the appropriate congressional committees 

a report on the effectiveness of trade enforcement activities of 

U.S. Customs and Border Protection. 

(b) CONTENTS.—The report required by subsection (a) shall 

include— 

(1) a description of the use of resources, results of audits 

and verifications, targeting, organization, and training of personnel of U.S. Customs and Border Protection; 

(2) a description of trade enforcement activities to address 

undervaluation, transshipment, legitimacy of entities making 

entry, protection of revenues, fraud prevention and detection, 

and penalties, including intentional misclassification, inadequate bonding, and other misrepresentations; and 

(3) a description of trade enforcement activities with respect 

to the priority trade issues described in section 117, including— 

(A) methodologies used in such enforcement activities, 

such as targeting; 

(B) recommendations for improving such enforcement 

activities; and 

(C) a description of the implementation of previous 

recommendations for improving such enforcement activities. 

(c) FORM OF REPORT.—The report required by subsection (a) 

shall be submitted in unclassified form, but may include a classified 

annex. 

SEC. 103. PRIORITIES AND PERFORMANCE STANDARDS FOR CUSTOMS 

MODERNIZATION, TRADE FACILITATION, AND TRADE 

ENFORCEMENT FUNCTIONS AND PROGRAMS. 

(a) PRIORITIES AND PERFORMANCE STANDARDS.— 

(1) IN GENERAL.—The Commissioner, in consultation with 

the appropriate congressional committees, shall establish priorities and performance standards to measure the development 

and levels of achievement of the customs modernization, trade 

facilitation, and trade enforcement functions and programs 

described in subsection (b). 

(2) MINIMUM PRIORITIES AND STANDARDS.—Such priorities 

and performance standards shall, at a minimum, include priorities and standards relating to efficiency, outcome, output, and 

other types of applicable measures. 

(b) FUNCTIONS AND PROGRAMS DESCRIBED.—The functions and 

programs referred to in subsection (a) are the following: 

(1) The Automated Commercial Environment. 

(2) Each of the priority trade issues described in section 

117. 

(3) The Centers of Excellence and Expertise described in 

section 110. 

Consultation. 

19 USC 4312. 


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130 STAT. 130 PUBLIC LAW 114–125—FEB. 24, 2016 

(4) Drawback for exported merchandise under section 313 

of the Tariff Act of 1930 (19 U.S.C. 1313), as amended by 

section 906 of this Act. 

(5) Transactions relating to imported merchandise in bond. 

(6) Collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 

et seq.) and antidumping duties assessed under subtitle B 

of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.). 

(7) The expedited clearance of cargo. 

(8) The issuance of regulations and rulings. 

(9) The issuance of Regulatory Audit Reports. 

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

(2) NOTIFICATION.—The Commissioner shall notify the 

appropriate congressional committees of any changes to the 

priorities or performance standards referred to in subsection 

(a) not later than 30 days before such changes are to take 

effect. 

SEC. 104. EDUCATIONAL SEMINARS TO IMPROVE EFFORTS TO CLASSIFY AND APPRAISE IMPORTED ARTICLES, TO IMPROVE 

TRADE ENFORCEMENT EFFORTS, AND TO OTHERWISE 

FACILITATE LEGITIMATE INTERNATIONAL TRADE. 

(a) ESTABLISHMENT.—The Commissioner and the Director shall 

establish and carry out on a fiscal year basis educational seminars 

to— 

(1) improve the ability of personnel of U.S. Customs and 

Border Protection to classify and appraise articles imported 

into the United States in accordance with the customs and 

trade laws of the United States; 

(2) improve the trade enforcement efforts of personnel of 

U.S. Customs and Border Protection and personnel of U.S. 

Immigration and Customs Enforcement; and 

(3) otherwise improve the ability and effectiveness of personnel of U.S. Customs and Border Protection and personnel 

of U.S. Immigration and Customs Enforcement to facilitate 

legitimate international trade. 

(b) CONTENT.— 

(1) CLASSIFYING AND APPRAISING IMPORTED ARTICLES.—In 

carrying out subsection (a)(1), the Commissioner, the Director, 

and interested parties in the private sector selected under 

subsection (c) shall provide instruction and related instructional 

materials at each educational seminar carried out under this 

section to personnel of U.S. Customs and Border Protection 

and, as appropriate, to personnel of U.S. Immigration and 

Customs Enforcement on the following: 

(A) Conducting a physical inspection of an article 

imported into the United States, including testing of samples of the article, to determine if the article is mislabeled 

in the manifest or other accompanying documentation. 

(B) Reviewing the manifest and other accompanying 

documentation of an article imported into the United States 

to determine if the country of origin of the article listed 

in the manifest or other accompanying documentation is 

accurate. 

(C) Customs valuation. 

Review. 

19 USC 4313. 

Deadline. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 131 

(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 

Federal Register, 

publication. 

Evaluation. 


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130 STAT. 132 PUBLIC LAW 114–125—FEB. 24, 2016 

development and level of achievement of educational seminars carried out under this section. 

(f) REPORTING.—Not later than September 30, 2016, and 

annually thereafter, the Commissioner and the Director shall 

submit to the appropriate congressional committees a report on 

the effectiveness of educational seminars carried out under this 

section. 

(g) DEFINITIONS.—In this section: 

(1) DIRECTOR.—The term ‘‘Director’’ means the Director 

of U.S. Immigration and Customs Enforcement. 

(2) UNITED STATES.—The term ‘‘United States’’ means the 

customs territory of the United States, as defined in General 

Note 2 to the Harmonized Tariff Schedule of the United States. 

(3) U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL.— The term ‘‘U.S. Customs and Border Protection personnel’’ 

means import specialists, auditors, and other appropriate 

employees of the U.S. Customs and Border Protection. 

(4) U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT PERSONNEL.—The term ‘‘U.S. Immigration and Customs Enforcement personnel’’ means Homeland Security Investigations 

Directorate personnel and other appropriate employees of U.S. 

Immigration and Customs Enforcement. 

SEC. 105. JOINT STRATEGIC PLAN. 

(a) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, and every 2 years thereafter, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly develop and submit to the appropriate congressional committees a joint strategic plan. 

(b) CONTENTS.—The joint strategic plan required under this 

section shall be comprised of a comprehensive multiyear plan for 

trade enforcement and trade facilitation, and shall include— 

(1) a summary of actions taken during the 2-year period 

preceding the submission of the plan to improve trade enforcement and trade facilitation, including a description and analysis 

of specific performance measures to evaluate the progress of 

U.S. Customs and Border Protection and U.S. Immigration 

and Customs Enforcement in meeting each such responsibility; 

(2) a statement of objectives and plans for further 

improving trade enforcement and trade facilitation; 

(3) a specific identification of the priority trade issues 

described in section 117 that can be addressed in order to 

enhance trade enforcement and trade facilitation, and a description of strategies and plans for addressing each such issue, 

including— 

(A) a description of the targeting methodologies used 

for enforcement activities with respect to each such issue; 

(B) recommendations for improving such enforcement 

activities; and 

(C) a description of the implementation of previous 

recommendations for improving such enforcement activities; 

(4) a description of efforts made to improve consultation 

and coordination among and within Federal agencies, and in 

particular between U.S. Customs and Border Protection and 

U.S. Immigration and Customs Enforcement, regarding trade 

enforcement and trade facilitation; 

Recommendations. 

Summary. 

Time period. 

Deadlines. 

19 USC 4314. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 133 

(5) a description of the training that has occurred to date 

within U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement to improve trade enforcement 

and trade facilitation, including training at educational seminars carried out under section 104; 

(6) a description of efforts to work with the World Customs 

Organization and other international organizations, in consultation with other Federal agencies as appropriate, with respect 

to enhancing trade enforcement and trade facilitation; 

(7) a description of U.S. Custom and Border Protection 

organizational benchmarks for optimizing staffing and wait 

times at ports of entry; 

(8) a specific identification of any domestic or international 

best practices that may further improve trade enforcement 

and trade facilitation; 

(9) any legislative recommendations to further improve 

trade enforcement and trade facilitation; and 

(10) a description of efforts made to improve consultation 

and coordination with the private sector to enhance trade 

enforcement and trade facilitation. 

(c) CONSULTATIONS.— 

(1) IN GENERAL.—In developing the joint strategic plan 

required under this section, the Commissioner and the Director 

of U.S. Immigration and Customs Enforcement shall consult 

with— 

(A) appropriate officials from relevant Federal agencies, including— 

(i) the Department of the Treasury; 

(ii) the Department of Agriculture; 

(iii) the Department of Commerce; 

(iv) the Department of Justice; 

(v) the Department of the Interior; 

(vi) the Department of Health and Human Services; 

(vii) the Food and Drug Administration; 

(viii) the Consumer Product Safety Commission; 

and 

(ix) the Office of the United States Trade Representative; and 

(B) the Commercial Customs Operations Advisory 

Committee established by section 109. 

(2) OTHER CONSULTATIONS.—In developing the joint strategic plan required under this section, the Commissioner and 

the Director shall seek to consult with— 

(A) appropriate officials from relevant foreign law 

enforcement agencies and international organizations, 

including the World Customs Organization; and 

(B) interested parties in the private sector. 

(d) FORM OF PLAN.—The joint strategic plan required under 

this section shall be submitted in unclassified form, but may include 

a classified annex. 

SEC. 106. AUTOMATED COMMERCIAL ENVIRONMENT. 

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

amended— 

Recommendations. 


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130 STAT. 134 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— 

Evaluation. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 135 

(1) assessing the progress of other Federal agencies in 

accessing and utilizing the Automated Commercial Environment; and 

(2) assessing the potential cost savings to the United States 

Government and importers and exporters and the potential 

benefits to enforcement of the customs and trade laws of the 

United States if the elements identified in subparagraphs (A) 

through (D) of subsection (b)(1) are implemented. 

SEC. 107. INTERNATIONAL TRADE DATA SYSTEM. 

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

is amended— 

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

(2) by inserting after paragraph (3) the following: 

‘‘(4) INFORMATION TECHNOLOGY INFRASTRUCTURE.— ‘‘(A) IN GENERAL.—The Secretary shall work with the 

head of each agency participating in the ITDS and the 

Interagency Steering Committee to ensure that each 

agency— 

‘‘(i) develops and maintains the necessary information technology infrastructure to support the operation 

of the ITDS and to submit all data to the ITDS electronically; 

‘‘(ii) enters into a memorandum of understanding, 

or takes such other action as is necessary, to provide 

for the information sharing between the agency and 

U.S. Customs and Border Protection necessary for the 

operation and maintenance of the ITDS; 

‘‘(iii) not later than June 30, 2016, identifies and 

transmits to the Commissioner of U.S. Customs and 

Border Protection the admissibility criteria and data 

elements required by the agency to authorize the 

release of cargo by U.S. Customs and Border Protection 

for incorporation into the operational functionality of 

the Automated Commercial Environment computer 

system authorized under section 13031(f)(4) of the 

Consolidated Omnibus Budget and Reconciliation Act 

of 1985 (19 U.S.C. 58c(f)(4)); and 

‘‘(iv) not later than December 31, 2016, utilizes 

the ITDS as the primary means of receiving from users 

the standard set of data and other relevant documentation, exclusive of applications for permits, licenses, or 

certifications required for the release of imported cargo 

and clearance of cargo for export. 

‘‘(B) RULE OF CONSTRUCTION.—Nothing in this paragraph shall be construed to require any action to be taken 

that would compromise an ongoing law enforcement investigation or would compromise national security.’’; and 

(3) in paragraph (8), as redesignated, by striking ‘‘section 

9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 

U.S.C. 2071 note)’’ and inserting ‘‘section 109 of the Trade 

Facilitation and Trade Enforcement Act of 2015’’. 

SEC. 108. CONSULTATIONS WITH RESPECT TO MUTUAL RECOGNITION 

ARRANGEMENTS. 

(a) CONSULTATIONS.—The Secretary of Homeland Security, with 

respect to any proposed mutual recognition arrangement or similar 

Deadlines. 

19 USC 4315. 

Deadline. 

Deadline. 

Memorandum. 


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130 STAT. 136 PUBLIC LAW 114–125—FEB. 24, 2016 

agreement between the United States and a foreign government 

providing for mutual recognition of supply chain security programs 

and customs revenue functions, shall consult with the appropriate 

congressional committees— 

(1) not later than 30 days before initiating negotiations 

to enter into any such arrangement or similar agreement; and 

(2) not later than 30 days before entering into any such 

arrangement or similar agreement. 

(b) NEGOTIATING OBJECTIVE.—It shall be a negotiating objective 

of the United States in any negotiation for a mutual recognition 

arrangement or similar agreement with a foreign country on partnership programs, such as the Customs–Trade Partnership Against 

Terrorism established under subtitle B of title II of the Security 

and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et 

seq.), to seek to ensure the compatibility of the partnership programs of that country with the partnership programs of U.S. Customs and Border Protection to enhance security, trade facilitation, 

and trade enforcement. 

SEC. 109. COMMERCIAL CUSTOMS OPERATIONS ADVISORY COMMITTEE. 

(a) ESTABLISHMENT.—Not later than the date that is 60 days 

after the date of the enactment of this Act, the Secretary of the 

Treasury and the Secretary of Homeland Security shall jointly 

establish a Commercial Customs Operations Advisory Committee 

(in this section referred to as the ‘‘Advisory Committee’’). 

(b) MEMBERSHIP.— 

(1) IN GENERAL.—The Advisory Committee shall be comprised of— 

(A) 20 individuals appointed under paragraph (2); 

(B) the Assistant Secretary for Tax Policy of the 

Department of the Treasury and the Commissioner, who 

shall jointly co-chair meetings of the Advisory Committee; 

and 

(C) the Assistant Secretary for Policy and the Director 

of U.S. Immigration and Customs Enforcement, who shall 

serve as deputy co-chairs of meetings of the Advisory Committee. 

(2) APPOINTMENT.— 

(A) IN GENERAL.—The Secretary of the Treasury and 

the Secretary of Homeland Security shall jointly appoint 

20 individuals from the private sector to the Advisory Committee. 

(B) REQUIREMENTS.—In making appointments under 

subparagraph (A), the Secretary of the Treasury and the 

Secretary of Homeland Security shall appoint members— 

(i) to ensure that the membership of the Advisory 

Committee is representative of the individuals and 

firms affected by the commercial operations of U.S. 

Customs and Border Protection; and 

(ii) without regard to political affiliation. 

(C) TERMS.—Each individual appointed to the Advisory 

Committee under this paragraph shall be appointed for 

a term of not more than 3 years, and may be reappointed 

to subsequent terms, but may not serve more than 2 terms 

sequentially. 

Deadline. 

19 USC 4316. 


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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). 

Effective date. 

Repeal. 


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130 STAT. 138 PUBLIC LAW 114–125—FEB. 24, 2016 

SEC. 110. CENTERS OF EXCELLENCE AND EXPERTISE. 

(a) IN GENERAL.—The Commissioner shall, in consultation with 

the appropriate congressional committees and the Commercial Customs Operations Advisory Committee established under section 109, 

develop and implement Centers of Excellence and Expertise 

throughout U.S. Customs and Border Protection that— 

(1) enhance the economic competitiveness of the United 

States by consistently enforcing the laws and regulations of 

the United States at all ports of entry of the United States 

and by facilitating the flow of legitimate trade through 

increasing industry-based knowledge; 

(2) improve enforcement efforts, including enforcement of 

priority trade issues described in section 117, in specific 

industry sectors through the application of targeting information from the National Targeting Center under section 111 

and from other means of verification; 

(3) build upon the expertise of U.S. Customs and Border 

Protection in particular industry operations, supply chains, and 

compliance requirements; 

(4) promote the uniform implementation at each port of 

entry of the United States of policies and regulations relating 

to imports; 

(5) centralize the trade enforcement and trade facilitation 

efforts of U.S. Customs and Border Protection; 

(6) formalize an account-based approach to apply, as the 

Commissioner determines appropriate, to the importation of 

merchandise into the United States; 

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

(8) develop applicable performance measurements to meet 

internal efficiency and effectiveness goals; and 

(9) whenever feasible, facilitate a more efficient flow of 

information between Federal agencies. 

(b) REPORT.—Not later than December 31, 2016, the Commissioner shall submit to the appropriate congressional committees 

a report describing— 

(1) the scope, functions, and structure of each Center of 

Excellence and Expertise developed and implemented under 

subsection (a); 

(2) the effectiveness of each such Center of Excellence 

and Expertise in improving enforcement efforts, including 

enforcement of priority trade issues described in section 117, 

and facilitating legitimate trade; 

(3) the quantitative and qualitative benefits of each such 

Center of Excellence and Expertise to the trade community, 

including through fostering partnerships through the expansion 

of trade programs such as the Importer Self Assessment program and other trusted partner programs; 

(4) all applicable performance measurements with respect 

to each such Center of Excellence and Expertise, including 

performance measures with respect to meeting internal efficiency and effectiveness goals; 

(5) the performance of each such Center of Excellence and 

Expertise in increasing the accuracy and completeness of data 

with respect to international trade and facilitating a more 

efficient flow of information between Federal agencies; and 

Consultation. 

19 USC 4317. 


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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). 

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 

Notification. 

19 USC 4318. 


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130 STAT. 140 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 

19 USC 4319. 

Deadline. 

Evaluation. 

Deadline. 

Notification. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 141 

of the Department of the Treasury shall submit to the Committee 

on Finance of the Senate and the Committee on Ways and Means 

of the House of Representatives a report assessing, with respect 

to the period covered by the report, as specified in subsection 

(b), the following: 

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

(A) the collection of countervailing duties assessed 

under subtitle A of title VII of the Tariff Act of 1930 

(19 U.S.C. 1671 et seq.) and antidumping duties assessed 

under subtitle B of title VII of the Tariff Act of 1930 

(19 U.S.C. 1673 et seq.); 

(B) the assessment, collection, and mitigation of 

commercial fines and penalties; 

(C) the use of bonds, including continuous and single 

transaction bonds, to secure that revenue; and 

(D) the adequacy of the policies of U.S. Customs and 

Border Protection with respect to the monitoring and 

tracking of merchandise transported in bond and collecting 

duties, as appropriate. 

(2) The effectiveness of actions taken by U.S. Customs 

and Border Protection to measure accountability and performance with respect to protection of revenue. 

(3) The number and outcome of investigations instituted 

by U.S. Customs and Border Protection with respect to the 

underpayment of duties. 

(4) The effectiveness of training with respect to the collection of duties provided for personnel of U.S. Customs and 

Border Protection. 

(b) PERIOD COVERED BY REPORT.—Each report required by subsection (a) shall cover the period of 2 fiscal years ending on September 30 of the calendar year preceding the submission of the 

report. 

SEC. 113. REPORT ON SECURITY AND REVENUE MEASURES WITH 

RESPECT TO MERCHANDISE TRANSPORTED IN BOND. 

(a) IN GENERAL.—Not later than December 31 of 2016, 2017, 

and 2018, the Secretary of Homeland Security and the Secretary 

of the Treasury shall jointly submit to the Committee on Finance 

of the Senate and the Committee on Ways and Means of the 

House of Representatives a report on efforts undertaken by U.S. 

Customs and Border Protection to ensure the secure transportation 

of merchandise in bond through the United States and the collection 

of revenue owed upon the entry of such merchandise into the 

United States for consumption. 

(b) ELEMENTS.—Each report required by subsection (a) shall 

include, for the fiscal year preceding the submission of the report, 

information on— 

(1) the overall number of entries of merchandise for 

transportation in bond through the United States; 

(2) the ports at which merchandise arrives in the United 

States for transportation in bond and at which records of the 

arrival of such merchandise are generated; 

(3) the average time taken to reconcile such records with 

the records at the final destination of the merchandise in the 


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130 STAT. 142 PUBLIC LAW 114–125—FEB. 24, 2016 

United States to demonstrate that the merchandise reaches 

its final destination or is re-exported; 

(4) the average time taken to transport merchandise in 

bond from the port at which the merchandise arrives in the 

United States to its final destination in the United States; 

(5) the total amount of duties, taxes, and fees owed with 

respect to shipments of merchandise transported in bond and 

the total amount of such duties, taxes, and fees paid; 

(6) the total number of notifications by carriers of merchandise being transported in bond that the destination of the 

merchandise has changed; and 

(7) the number of entries that remain unreconciled. 

SEC. 114. IMPORTER OF RECORD PROGRAM. 

(a) ESTABLISHMENT.—Not later than the date that is 180 days 

after the date of the enactment of this Act, the Secretary of Homeland Security shall establish an importer of record program to 

assign and maintain importer of record numbers. 

(b) REQUIREMENTS.—The Secretary shall ensure that, as part 

of the importer of record program, U.S. Customs and Border Protection— 

(1) develops criteria that importers must meet in order 

to obtain an importer of record number, including— 

(A) criteria to ensure sufficient information is collected 

to allow U.S. Customs and Border Protection to verify 

the existence of the importer requesting the importer of 

record number; 

(B) criteria to ensure sufficient information is collected 

to allow U.S. Customs and Border Protection to identify 

linkages or other affiliations between importers that are 

requesting or have been assigned importer of record numbers; and 

(C) criteria to ensure sufficient information is collected 

to allow U.S. Customs and Border Protection to identify 

changes in address and corporate structure of importers; 

(2) provides a process by which importers are assigned 

importer of record numbers; 

(3) maintains a centralized database of importer of record 

numbers, including a history of importer of record numbers 

associated with each importer, and the information described 

in subparagraphs (A), (B), and (C) of paragraph (1); 

(4) evaluates and maintains the accuracy of the database 

if such information changes; and 

(5) takes measures to ensure that duplicate importer of 

record numbers are not issued. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary shall submit to the Committee 

on Finance of the Senate and the Committee on Ways and Means 

of the House of Representatives a report on the importer of record 

program established under subsection (a). 

(d) NUMBER DEFINED.—In this section, the term ‘‘number’’, 

with respect to an importer of record, means a filing identification 

number described in section 24.5 of title 19, Code of Federal Regulations (or any corresponding similar regulation) that fully supports 

the requirements of subsection (b) with respect to the collection 

and maintenance of information. 

Evaluation. 

Criteria. 

Deadline. 

19 USC 4320. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 143 

SEC. 115. ESTABLISHMENT OF IMPORTER RISK ASSESSMENT PROGRAM. 

(a) IN GENERAL.—Not later than the date that is 180 days 

after the date of the enactment of this Act, the Commissioner 

shall establish a program that directs U.S. Customs and Border 

Protection to adjust bond amounts for importers, including new 

importers and nonresident importers, based on risk assessments 

of such importers conducted by U.S. Customs and Border Protection, 

in order to protect the revenue of the Federal Government. 

(b) REQUIREMENTS.—The Commissioner shall ensure that, as 

part of the program established under subsection (a), U.S. Customs 

and Border Protection— 

(1) develops risk assessment guidelines for importers, 

including new importers and nonresident importers, to determine if and to what extent— 

(A) to adjust bond amounts of imported products of 

such importers; and 

(B) to increase screening of imported products of such 

importers; 

(2) develops procedures to ensure increased oversight of 

imported products of new importers, including nonresident 

importers, relating to the enforcement of the priority trade 

issues described in section 117; 

(3) develops procedures to ensure increased oversight of 

imported products of new importers, including new nonresident 

importers, by Centers of Excellence and Expertise established 

under section 110; and 

(4) establishes a centralized database of new importers, 

including new nonresident importers, to ensure accuracy of 

information that is required to be provided by such importers 

to U.S. Customs and Border Protection. 

(c) EXCLUSION OF CERTAIN IMPORTERS.—This section shall not 

apply to an importer that is a validated Tier 2 or Tier 3 participant 

in the Customs–Trade Partnership Against Terrorism program 

established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.). 

(d) REPORT.—Not later than the date that is 2 years after 

the date of the enactment of this Act, the Inspector General of 

the Department of the Treasury shall submit to the Committee 

on Finance of the Senate and the Committee on Ways and Means 

of the House of Representatives a report detailing— 

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

(2) the procedures developed under subsection (b)(2) to 

ensure increased oversight of imported products of new 

importers, including new nonresident importers, relating to 

the enforcement of priority trade issues described in section 

117; 

(3) the procedures developed under subsection (b)(3) to 

ensure increased oversight of imported products of new 

importers, including new nonresident importers, by Centers 

of Excellence and Expertise established under section 110; and 

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

(e) DEFINITIONS.—In this section: 

Guidelines. 

Procedures. 

Deadline. 

19 USC 4321. 


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130 STAT. 144 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. 

(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 

Regulations. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 145 

a jurisdiction within the customs territory of the United 

States (as such term is defined in General Note 2 

of the Harmonized Tariff Schedule of the United 

States) or in the Virgin Islands of the United States.’’. 

(b) STUDY AND REPORT REQUIRED.—Not later than the date 

that is 180 days after the date of the enactment of this Act, 

the Commissioner shall submit to the Committee on Finance of 

the Senate and the Committee on Ways and Means of the House 

of Representatives a report containing recommendations for— 

(1) determining the most timely and effective way to require 

foreign nationals to provide customs brokers with appropriate 

and accurate information, comparable to that which is required 

of United States nationals, concerning the identity, address, 

and other related information relating to such foreign nationals 

necessary to enable customs brokers to comply with the requirements of section 641(i) of the Tariff Act of 1930 (as added 

by subsection (a) of this section); and 

(2) establishing a system for customs brokers to review 

information maintained by relevant Federal agencies for purposes of verifying the identities of importers, including nonresident importers, seeking to import merchandise into the 

United States. 

SEC. 117. PRIORITY TRADE ISSUES. 

(a) IN GENERAL.—The Commissioner shall establish the following as priority trade issues: 

(1) Agriculture programs. 

(2) Antidumping and countervailing duties. 

(3) Import safety. 

(4) Intellectual property rights. 

(5) Revenue. 

(6) Textiles and wearing apparel. 

(7) Trade agreements and preference programs. 

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

if the Commissioner— 

(1) determines it necessary and appropriate to do so; and 

(2)(A) in the case of new priority trade issues, submits 

to the appropriate congressional committees a summary of proposals to establish such new priority trade issues not later 

than 30 days after such new priority trade issues are to take 

effect; and 

(B) in the case of existing priority trade issues, submits 

to the appropriate congressional committees a summary of proposals to eliminate, consolidate, or otherwise modify such 

existing priority trade issues not later than 60 days before 

such changes are to take effect. 

SEC. 118. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. 

In this title, the term ‘‘appropriate congressional committees’’ 

means— 

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

(2) the Committee on Ways and Means and the Committee 

on Homeland Security of the House of Representatives. 

19 USC 4323. 

Determination. 

Deadlines. 

19 USC 4322. 


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130 STAT. 146 PUBLIC LAW 114–125—FEB. 24, 2016 

TITLE II—IMPORT HEALTH AND SAFETY 

SEC. 201. INTERAGENCY IMPORT SAFETY WORKING GROUP. 

(a) ESTABLISHMENT.—There is established an interagency 

Import Safety Working Group. 

(b) MEMBERSHIP.—The interagency Import Safety Working 

Group shall consist of the following officials or their designees: 

(1) The Secretary of Homeland Security, who shall serve 

as the Chair. 

(2) The Secretary of Health and Human Services, who 

shall serve as the Vice Chair. 

(3) The Secretary of the Treasury. 

(4) The Secretary of Commerce. 

(5) The Secretary of Agriculture. 

(6) The United States Trade Representative. 

(7) The Director of the Office of Management and Budget. 

(8) The Commissioner of Food and Drugs. 

(9) The Commissioner of U.S. Customs and Border Protection. 

(10) The Chairman of the Consumer Product Safety 

Commission. 

(11) The Director of U.S. Immigration and Customs 

Enforcement. 

(12) The head of any other Federal agency designated 

by the President to participate in the interagency Import Safety 

Working Group, as appropriate. 

(c) DUTIES.—The duties of the interagency Import Safety 

Working Group shall include— 

(1) consulting on the development of the joint import safety 

rapid response plan required by section 202; 

(2) periodically evaluating the adequacy of the plans, practices, and resources of the Federal Government dedicated to 

ensuring the safety of merchandise imported into the United 

States and the expeditious entry of such merchandise, 

including— 

(A) minimizing the duplication of efforts among Federal 

agencies the heads of which are members of the interagency 

Import Safety Working Group and ensuring the compatibility of the policies and regulations of those agencies; 

and 

(B) recommending additional administrative actions, 

as appropriate, designed to ensure the safety of merchandise imported into the United States and the expeditious 

entry of such merchandise and considering the impact of 

those actions on private sector entities; 

(3) reviewing the engagement and cooperation of foreign 

governments and foreign manufacturers in facilitating the 

inspection and certification, as appropriate, of such merchandise 

to be imported into the United States and the facilities producing such merchandise to ensure the safety of the merchandise and the expeditious entry of the merchandise into the 

United States; 

(4) identifying best practices, in consultation with private 

sector entities as appropriate, to assist United States importers 

19 USC 4331. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 147 

in taking all appropriate steps to ensure the safety of merchandise imported into the United States, including with respect 

to— 

(A) the inspection of manufacturing facilities in foreign 

countries; 

(B) the inspection of merchandise destined for the 

United States before exportation from a foreign country 

or before distribution in the United States; and 

(C) the protection of the international supply chain 

(as defined in section 2 of the Security and Accountability 

For Every Port Act of 2006 (6 U.S.C. 901)); 

(5) identifying best practices to assist Federal, State, and 

local governments and agencies, and port authorities, to 

improve communication and coordination among such agencies 

and authorities with respect to ensuring the safety of merchandise imported into the United States and the expeditious entry 

of such merchandise; and 

(6) otherwise identifying appropriate steps to increase the 

accountability of United States importers and the engagement 

of foreign government agencies with respect to ensuring the 

safety of merchandise imported into the United States and 

the expeditious entry of such merchandise. 

SEC. 202. JOINT IMPORT SAFETY RAPID RESPONSE PLAN. 

(a) IN GENERAL.—Not later than December 31, 2016, the Secretary of Homeland Security, in consultation with the interagency 

Import Safety Working Group established under section 201, shall 

develop a plan (to be known as the ‘‘joint import safety rapid 

response plan’’) that sets forth protocols and defines practices for 

U.S. Customs and Border Protection to use— 

(1) in taking action in response to, and coordinating Federal 

responses to, an incident in which cargo destined for or merchandise entering the United States has been identified as 

posing a threat to the health or safety of consumers in the 

United States; and 

(2) in recovering from or mitigating the effects of actions 

and responses to an incident described in paragraph (1). 

(b) CONTENTS.—The joint import safety rapid response plan 

shall address— 

(1) the statutory and regulatory authorities and responsibilities of U.S. Customs and Border Protection and other Federal 

agencies in responding to an incident described in subsection 

(a)(1); 

(2) the protocols and practices to be used by U.S. Customs 

and Border Protection when taking action in response to, and 

coordinating Federal responses to, such an incident; 

(3) the measures to be taken by U.S. Customs and Border 

Protection and other Federal agencies in recovering from or 

mitigating the effects of actions taken in response to such 

an incident after the incident to ensure the resumption of 

the entry of merchandise into the United States; and 

(4) exercises that U.S. Customs and Border Protection may 

conduct in conjunction with Federal, State, and local agencies, 

and private sector entities, to simulate responses to such an 

incident. 

(c) UPDATES OF PLAN.—The Secretary of Homeland Security 

shall review and update the joint import safety rapid response 

Review. 

Deadline. 

Consultation. 

19 USC 4332. 


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130 STAT. 148 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 

19 USC 4333. 

Testing. 

Evaluation. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 149 

imported into the United States and the expeditious entry of such 

merchandise. 

TITLE III—IMPORT-RELATED PROTECTION OF INTELLECTUAL PROPERTY 

RIGHTS 

SEC. 301. DEFINITION OF INTELLECTUAL PROPERTY RIGHTS. 

In this title, the term ‘‘intellectual property rights’’ refers to 

copyrights, trademarks, and other forms of intellectual property 

rights that are enforced by U.S. Customs and Border Protection 

or U.S. Immigration and Customs Enforcement. 

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

(a) IN GENERAL.—The Tariff Act of 1930 is amended by 

inserting after section 628 (19 U.S.C. 1628) the following new 

section: 

‘‘SEC. 628A. EXCHANGE OF INFORMATION RELATED TO TRADE 

ENFORCEMENT. 

‘‘(a) IN GENERAL.—Subject to subsections (c) and (d), if the 

Commissioner of U.S. Customs and Border Protection suspects that 

merchandise is being imported into the United States in violation 

of section 526 of this Act or section 602, 1201(a)(2), or 1201(b)(1) 

of title 17, United States Code, and determines that the examination 

or testing of the merchandise by a person described in subsection 

(b) would assist the Commissioner in determining if the merchandise is being imported in violation of that section, the Commissioner, 

to permit the person to conduct the examination and testing— 

‘‘(1) shall provide to the person information that appears 

on the merchandise and its packaging and labels, including 

unredacted images of the merchandise and its packaging and 

labels; and 

‘‘(2) may, subject to any applicable bonding requirements, 

provide to the person unredacted samples of the merchandise. 

‘‘(b) PERSON DESCRIBED.—A person described in this subsection 

is— 

‘‘(1) in the case of merchandise suspected of being imported 

in violation of section 526, the owner of the trademark suspected of being copied or simulated by the merchandise; 

‘‘(2) in the case of merchandise suspected of being imported 

in violation of section 602 of title 17, United States Code, 

the owner of the copyright suspected of being infringed by 

the merchandise; 

‘‘(3) in the case of merchandise suspected of being primarily 

designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under that title, and being imported in violation of 

section 1201(a)(2) of that title, the owner of a copyright in 

the work; and 

‘‘(4) in the case of merchandise suspected of being primarily 

designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of an owner of a copyright in a work or a portion 

19 USC 1628a. 

19 USC 4341. 


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of a work, and being imported in violation of section 1201(b)(1) 

of that title, the owner of the copyright. 

‘‘(c) LIMITATION.—Subsection (a) applies only with respect to 

merchandise suspected of infringing a trademark or copyright that 

is recorded with U.S. Customs and Border Protection. 

‘‘(d) EXCEPTION.—The Commissioner may not provide under 

subsection (a) information, photographs, or samples to a person 

described in subsection (b) if providing such information, photographs, or samples would compromise an ongoing law enforcement 

investigation or national security.’’. 

(b) TERMINATION OF PREVIOUS AUTHORITY.—Notwithstanding 

paragraph (2) of section 818(g) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1496; 

10 U.S.C. 2302 note), paragraph (1) of that section shall have 

no force or effect on or after the date of the enactment of this 

Act. 

SEC. 303. SEIZURE OF CIRCUMVENTION DEVICES. 

(a) IN GENERAL.—Section 596(c)(2) of the Tariff Act of 1930 

(19 U.S.C. 1595a(c)(2)) is amended— 

(1) in subparagraph (E), by striking ‘‘or’’; 

(2) in subparagraph (F), by striking the period at the end 

and inserting ‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(G) U.S. Customs and Border Protection determines 

it is a technology, product, service, device, component, or 

part thereof the importation of which is prohibited under 

subsection (a)(2) or (b)(1) of section 1201 of title 17, United 

States Code.’’. 

(b) NOTIFICATION OF PERSONS INJURED.— (1) IN GENERAL.—Not later than the date that is 30 business days after seizing merchandise pursuant to subparagraph 

(G) of section 596(c)(2) of the Tariff Act of 1930, as added 

by subsection (a), the Commissioner shall provide to any person 

identified under paragraph (2) information regarding the merchandise seized that is equivalent to information provided to 

copyright owners under regulations of U.S. Customs and Border 

Protection for merchandise seized for violation of the copyright 

laws. 

(2) PERSONS TO BE PROVIDED INFORMATION.—Any person 

injured by the violation of subsection (a)(2) or (b)(1) of section 

1201 of title 17, United States Code, that resulted in the 

seizure of the merchandise shall be provided information under 

paragraph (1), if that person is included on a list to be established and maintained by the Commissioner. The Commissioner 

shall publish notice of the establishment of and revisions to 

the list in the Federal Register. 

(3) REGULATIONS.—Not later than the date that is one 

year after the date of the enactment of this Act, the Secretary 

of the Treasury shall prescribe regulations establishing procedures that implement this subsection. 

SEC. 304. ENFORCEMENT BY U.S. CUSTOMS AND BORDER PROTECTION 

OF WORKS FOR WHICH COPYRIGHT REGISTRATION IS 

PENDING. 

Not later than the date that is 180 days after the date of 

the enactment of this Act, the Secretary of Homeland Security 

shall authorize a process pursuant to which the Commissioner 

Deadline. 

19 USC 4343. 

Procedures. 

Federal Register, 

publication. 

List. 

Deadlines. 

19 USC 4342. 

10 USC 2302 

note. 

Applicability. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 151 

shall enforce a copyright for which the owner has submitted an 

application for registration under title 17, United States Code, 

with the United States Copyright Office, to the same extent and 

in the same manner as if the copyright were registered with the 

Copyright Office, including by sharing information, images, and 

samples of merchandise suspected of infringing the copyright under 

section 628A of the Tariff Act of 1930, as added by section 302. 

SEC. 305. 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. 

Appointment. 

19 USC 4344. 


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130 STAT. 152 PUBLIC LAW 114–125—FEB. 24, 2016 

(c) COORDINATION WITH OTHER AGENCIES.—In carrying out 

the duties described in subsection (b), the Assistant Director of 

the National Intellectual Property Rights Coordination Center shall 

coordinate with— 

(1) U.S. Customs and Border Protection; 

(2) the Food and Drug Administration; 

(3) the Department of Justice; 

(4) the Department of Commerce, including the United 

States Patent and Trademark Office; 

(5) the United States Postal Inspection Service; 

(6) the Office of the United States Trade Representative; 

(7) any Federal, State, local, or international law enforcement agencies that the Director of U.S. Immigration and Customs Enforcement considers appropriate; and 

(8) any other entities that the Director considers appropriate. 

(d) PRIVATE SECTOR OUTREACH.— 

(1) IN GENERAL.—The Assistant Director of the National 

Intellectual Property Rights Coordination Center shall work 

with U.S. Customs and Border Protection and other Federal 

agencies to conduct outreach to private sector entities in order 

to determine trends in and methods of infringing intellectual 

property rights. 

(2) INFORMATION SHARING.—The Assistant Director shall 

share information and best practices with respect to the enforcement of intellectual property rights with private sector entities, 

as appropriate, in order to coordinate public and private sector 

efforts to combat the infringement of intellectual property 

rights. 

SEC. 306. JOINT STRATEGIC PLAN FOR THE ENFORCEMENT OF 

INTELLECTUAL PROPERTY RIGHTS. 

The Commissioner and the Director of U.S. Immigration and 

Customs Enforcement shall include in the joint strategic plan 

required by section 105— 

(1) a description of the efforts of the Department of Homeland Security to enforce intellectual property rights; 

(2) a list of the 10 United States ports of entry at which 

U.S. Customs and Border Protection has seized the most merchandise, both by volume and by value, that infringes intellectual property rights during the most recent 2-year period for 

which data are available; and 

(3) a recommendation for the optimal allocation of personnel, resources, and technology to ensure that U.S. Customs 

and Border Protection and U.S. Immigration and Customs 

Enforcement are adequately enforcing intellectual property 

rights. 

SEC. 307. PERSONNEL DEDICATED TO THE ENFORCEMENT OF 

INTELLECTUAL PROPERTY RIGHTS. 

(a) PERSONNEL OF U.S. CUSTOMS AND BORDER PROTECTION.— The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall ensure that sufficient personnel are 

assigned throughout U.S. Customs and Border Protection and U.S. 

Immigration and Customs Enforcement, respectively, who have 

responsibility for preventing the importation into the United States 

of merchandise that infringes intellectual property rights. 

19 USC 4346. 

Recommendations. 

List. 

Time period. 

19 USC 4345. 


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(b) STAFFING OF NATIONAL INTELLECTUAL PROPERTY RIGHTS

COORDINATION CENTER.—The Commissioner shall— 

(1) assign not fewer than 3 full-time employees of U.S. 

Customs and Border Protection to the National Intellectual 

Property Rights Coordination Center established under section 

305; and 

(2) ensure that sufficient personnel are assigned to United 

States ports of entry to carry out the directives of the Center. 

SEC. 308. TRAINING WITH RESPECT TO THE ENFORCEMENT OF 

INTELLECTUAL PROPERTY RIGHTS. 

(a) TRAINING.—The Commissioner shall ensure that officers 

of U.S. Customs and Border Protection are trained to effectively 

detect and identify merchandise destined for the United States 

that infringes intellectual property rights, including through the 

use of technologies identified under subsection (c). 

(b) CONSULTATION WITH PRIVATE SECTOR.—The Commissioner 

shall consult with private sector entities to better identify opportunities for collaboration between U.S. Customs and Border Protection 

and such entities with respect to training for officers of U.S. Customs and Border Protection in enforcing intellectual property rights. 

(c) IDENTIFICATION OF NEW TECHNOLOGIES.—In consultation 

with private sector entities, the Commissioner shall identify— 

(1) technologies with the cost-effective capability to detect 

and identify merchandise at United States ports of entry that 

infringes intellectual property rights; and 

(2) cost-effective programs for training officers of U.S. Customs and Border Protection to use such technologies. 

(d) DONATIONS OF TECHNOLOGY.—Not later than the date that 

is 180 days after the date of the enactment of this Act, the Commissioner shall prescribe regulations to enable U.S. Customs and 

Border Protection to receive donations of hardware, software, equipment, and similar technologies, and to accept training and other 

support services, from private sector entities, for the purpose of 

enforcing intellectual property rights. 

SEC. 309. INTERNATIONAL COOPERATION AND INFORMATION 

SHARING. 

(a) COOPERATION.—The Secretary of Homeland Security shall 

coordinate with the competent law enforcement and customs 

authorities of foreign countries, including by sharing information 

relevant to enforcement actions, to enhance the efforts of the United 

States and such authorities to enforce intellectual property rights. 

(b) TECHNICAL ASSISTANCE.—The Secretary of Homeland Security shall provide technical assistance to competent law enforcement 

and customs authorities of foreign countries to enhance the ability 

of such authorities to enforce intellectual property rights. 

(c) INTERAGENCY COLLABORATION.—The Commissioner and the 

Director of U.S. Immigration and Customs Enforcement shall lead 

interagency efforts to collaborate with law enforcement and customs 

authorities of foreign countries to enforce intellectual property 

rights. 

SEC. 310. REPORT ON INTELLECTUAL PROPERTY RIGHTS ENFORCEMENT. 

Not later than September 30, 2016, and annually thereafter, 

the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly submit to the Committee on Finance 

Summaries. 

19 USC 4349. 

Coordination. 

19 USC 4348. 

Deadline. 

Regulations. 

Consultation. 

19 USC 4347. 


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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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the volume, value, and type of merchandise seized for infringing 

intellectual property rights as a result of such efforts. 

(5) A summary of training relating to the enforcement 

of intellectual property rights conducted under section 308 and 

expenditures for such training. 

SEC. 311. INFORMATION FOR TRAVELERS REGARDING VIOLATIONS OF 

INTELLECTUAL PROPERTY RIGHTS. 

(a) IN GENERAL.—The Secretary of Homeland Security shall 

develop and carry out an educational campaign to inform travelers 

entering or leaving the United States about the legal, economic, 

and public health and safety implications of acquiring merchandise 

that infringes intellectual property rights outside the United States 

and importing such merchandise into the United States in violation 

of United States law. 

(b) DECLARATION FORMS.—The Commissioner shall ensure that 

all versions of Declaration Form 6059B of U.S. Customs and Border 

Protection, or a successor form, including any electronic equivalent 

of Declaration Form 6059B or a successor form, printed or displayed 

on or after the date that is 30 days after the date of the enactment 

of this Act include a written warning to inform travelers arriving 

in the United States that importation of merchandise into the 

United States that infringes intellectual property rights may subject 

travelers to civil or criminal penalties and may pose serious risks 

to safety or health. 

TITLE IV—PREVENTION OF EVASION OF 

ANTIDUMPING AND COUNTERVAILING DUTY ORDERS 

SEC. 401. SHORT TITLE. 

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

2015’’. 

SEC. 402. DEFINITIONS. 

In this title: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Finance and the Committee on 

Appropriations of the Senate; and 

(B) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives. 

(2) COVERED MERCHANDISE.—The term ‘‘covered merchandise’’ means merchandise that is subject to— 

(A) a countervailing duty order issued under section 

706 of the Tariff Act of 1930 (19 U.S.C. 1671e); or 

(B) an antidumping duty order issued under section 

736 of the Tariff Act of 1930 (19 U.S.C. 1673e). 

(3) ELIGIBLE SMALL BUSINESS.— (A) IN GENERAL.—The term ‘‘eligible small business’’ 

means any business concern that, in the judgment of the 

Commissioner, due to its small size, has neither adequate 

internal resources nor financial ability to obtain qualified 

outside assistance in preparing and submitting for consideration allegations of evasion. 

19 USC 4361. 

19 USC 4301 

note. 

Enforce and 

Protect Act 

of 2015. 

Time period. 

Warning. 

19 USC 4350. 


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130 STAT. 156 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.). 

SEC. 403. APPLICATION TO CANADA AND MEXICO. 

Pursuant to article 1902 of the North American Free Trade 

Agreement and section 408 of the North American Free Trade 

Agreement Implementation Act (19 U.S.C. 3438), this title and 

the amendments made by this title shall apply with respect to 

goods from Canada and Mexico. 

Subtitle A—Actions Relating to 

Enforcement of Trade Remedy Laws 

SEC. 411. TRADE REMEDY LAW ENFORCEMENT DIVISION. 

(a) ESTABLISHMENT.— 

(1) IN GENERAL.—The Secretary of Homeland Security shall 

establish and maintain within the Office of Trade established 

under section 4 of the Act of March 3, 1927 (44 Stat. 1381, 

chapter 348; 19 U.S.C. 2071 et seq.), as added by section 

802(h) of this Act, a Trade Remedy Law Enforcement Division. 

(2) COMPOSITION.—The Trade Remedy Law Enforcement 

Division shall be composed of— 

(A) headquarters personnel led by a Director, who shall 

report to the Executive Assistant Commissioner of the 

Office of Trade; and 

(B) a National Targeting and Analysis Group dedicated 

to preventing and countering evasion. 

(3) DUTIES.—The Trade Remedy Law Enforcement Division 

shall be dedicated— 

(A) to the development and administration of policies 

to prevent and counter evasion, including policies relating 

to the implementation of section 517 of the Tariff Act 

of 1930, as added by section 421 of this Act; 

(B) to direct enforcement and compliance assessment 

activities concerning evasion; 

19 USC 4371. 

19 USC 4362. 


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(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 

evasion, except that the Director may deny technical assistance if the Director concludes that the allegation, if submitted, would not lead to the initiation of an administrative 

inquiry or any other action to address the allegation; 

(F) in cooperation with the public, the Commercial 

Customs Operations Advisory Committee established under 

section 109, the Trade Support Network, and any other 

relevant parties and organizations, developing guidelines 

on the types and nature of information that may be provided in such an allegation of evasion; and 

(G) consulting regularly with the public, the Commercial Customs Operations Advisory Committee, the Trade 

Support Network, and any other relevant parties and 

organizations regarding the development and implementation of regulations, interpretations, and policies related 

to countering evasion. 

(c) PREVENTING AND COUNTERING EVASION OF THE TRADE

REMEDY LAWS.—In carrying out its duties with respect to preventing and countering evasion, the National Targeting and Analysis Group dedicated to preventing and countering evasion shall— 

(1) establish targeted risk assessment methodologies and 

standards— 

(A) for evaluating the risk that cargo destined for 

the United States may constitute evading covered merchandise; and 

(B) for issuing, as appropriate, Trade Alerts described 

in subsection (d); and 

(2) to the extent practicable and otherwise authorized by 

law, use information available from the Automated Commercial 

System, the Automated Commercial Environment, the Automated Targeting System, the Automated Export System, the 

International Trade Data System established under section 

411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)), and the 

TECS (formerly known as the ‘‘Treasury Enforcement Communications System’’), and any similar and successor systems, 

to administer the methodologies and standards established 

under paragraph (1). 

(d) TRADE ALERTS.—Based upon the application of the targeted 

risk assessment methodologies and standards established under 

subsection (c), the Director of the Trade Remedy Law Enforcement 

Division shall issue Trade Alerts or other such means of notification 

to directors of United States ports of entry directing further inspection, physical examination, or testing of merchandise to ensure 

compliance with the trade remedy laws and to require additional 

bonds, cash deposits, or other security to ensure collection of any 

duties, taxes, and fees owed. 

SEC. 412. COLLECTION OF INFORMATION ON EVASION OF TRADE 

REMEDY LAWS. 

(a) AUTHORITY TO COLLECT INFORMATION.—To determine 

whether covered merchandise is being entered into the customs 

territory of the United States through evasion, the Secretary, acting 

through the Commissioner— 

(1) shall exercise all existing authorities to collect information needed to make the determination; and 

(2) may collect such additional information as is necessary 

to make the determination through such methods as the 

Determination. 

19 USC 4372. 


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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. 

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 PUBLIC LAW 114–125—FEB. 24, 2016 

(b) ADDITIONAL INFORMATION.—Notwithstanding any other 

provision of law, the Secretary is authorized to provide to the 

Secretary of Commerce or the United States International Trade 

Commission any information that is necessary to enable the Secretary of Commerce or the United States International Trade 

Commission to assist the Secretary to identify, through risk assessment targeting or otherwise, covered merchandise that is entered 

into the customs territory of the United States through evasion. 

SEC. 414. COOPERATION WITH FOREIGN COUNTRIES ON PREVENTING 

EVASION OF TRADE REMEDY LAWS. 

(a) BILATERAL AGREEMENTS.— 

(1) IN GENERAL.—The Secretary shall seek to negotiate 

and enter into bilateral agreements with the customs authorities or other appropriate authorities of foreign countries for 

purposes of cooperation on preventing evasion of the trade 

remedy laws of the United States and the trade remedy laws 

of the other country. 

(2) PROVISIONS AND AUTHORITIES.—The Secretary shall 

seek to include in each such bilateral agreement the following 

provisions and authorities: 

(A) On the request of the importing country, the 

exporting country shall provide, consistent with its laws, 

regulations, and procedures, production, trade, and transit 

documents and other information necessary to determine 

whether an entry or entries exported from the exporting 

country are subject to the importing country’s trade remedy 

laws. 

(B) On the written request of the importing country, 

the exporting country shall conduct a verification for purposes of enabling the importing country to make a determination described in subparagraph (A). 

(C) The exporting country may allow the importing 

country to participate in a verification described in subparagraph (B), including through a site visit. 

(D) If the exporting country does not allow participation 

of the importing country in a verification described in 

subparagraph (B), the importing country may take this 

fact into consideration in its trade enforcement and compliance assessment activities regarding the compliance of the 

exporting country’s exports with the importing country’s 

trade remedy laws. 

(b) CONSIDERATION.—The Commissioner is authorized to take 

into consideration whether a country is a signatory to a bilateral 

agreement described in subsection (a) and the extent to which 

the country is cooperating under the bilateral agreement for purposes of trade enforcement and compliance assessment activities 

of U.S. Customs and Border Protection that concern evasion by 

such country’s exports. 

(c) REPORT.—Not later than December 31 of each calendar 

year beginning after the date of the enactment of this Act, the 

Secretary shall submit to the appropriate congressional committees 

a report summarizing— 

(1) the status of any ongoing negotiations of bilateral agreements described in subsection (a), including the identities of 

the countries involved in such negotiations; 

Verification. 

Determination. 

Regulations. 

Procedures. 

Records. 

Determination. 

Negotiation. 

19 USC 4374. 

19 USC 4373. 


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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. 

The principal negotiating objectives of the United States shall 

include obtaining the objectives of the bilateral agreements 

described under section 414(a) for any trade agreements under 

negotiation as of the date of the enactment of this Act or future 

trade agreement negotiations. 

Subtitle B—Investigation of Evasion of 

Trade Remedy Laws 

SEC. 421. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF 

ANTIDUMPING AND COUNTERVAILING DUTY ORDERS. 

(a) IN GENERAL.—The Tariff Act of 1930 is amended by 

inserting after section 516A (19 U.S.C. 1516a) the following: 

‘‘SEC. 517. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION 

OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) ADMINISTERING AUTHORITY.—The term ‘administering 

authority’ has the meaning given that term in section 771(1). 

‘‘(2) COMMISSIONER.—The term ‘Commissioner’ means the 

Commissioner of U.S. Customs and Border Protection. 

‘‘(3) COVERED MERCHANDISE.—The term ‘covered merchandise’ means merchandise that is subject to— 

‘‘(A) an antidumping duty order issued under section 

736; or 

‘‘(B) a countervailing duty order issued under section 

706. 

‘‘(4) ENTER; ENTRY.—The terms ‘enter’ and ‘entry’ refer 

to the entry, or withdrawal from warehouse for consumption, 

of merchandise into the customs territory of the United States. 

‘‘(5) EVASION.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘evasion’ refers to entering covered merchandise into the customs territory of the United States by 

means of any document or electronically transmitted data 

or information, written or oral statement, or act that is 

material and false, or any omission that is material, and 

that results in any cash deposit or other security or any 

amount of applicable antidumping or countervailing duties 

being reduced or not being applied with respect to the 

merchandise. 

‘‘(B) EXCEPTION FOR CLERICAL ERROR.— 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), the term ‘evasion’ does not include entering covered 

merchandise into the customs territory of the United 

States by means of— 

‘‘(I) a document or electronically transmitted 

data or information, written or oral statement, 

19 USC 1517. 

19 USC 4375. 


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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 

Determination. 


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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 

Notification. 

Referral. 

Deadline. 

Determination. 


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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; 

Deadline. 


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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— 

Deadline. 


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130 STAT. 166 PUBLIC LAW 114–125—FEB. 24, 2016 

‘‘(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; 

Notification. 

Extension. 

Suspension. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 167 

‘‘(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. 

Extension. 

Suspension. 

Deadline. 

Referral. 

Records. 

Consultation. 


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130 STAT. 168 PUBLIC LAW 114–125—FEB. 24, 2016 

‘‘(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. 

19 USC 1517 

note. 

Deadline. 

Deadlines. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 169 

(d) REGULATIONS.—Not later than the date that is 180 days 

after the date of the enactment of this Act, the Secretary shall 

prescribe such regulations as may be necessary to implement the 

amendments made by this section. 

Subtitle C—Other Matters 

SEC. 431. ALLOCATION AND TRAINING OF PERSONNEL. 

The Commissioner shall, to the maximum extent possible, 

ensure that U.S. Customs and Border Protection— 

(1) employs sufficient personnel who have expertise in, 

and responsibility for, preventing and investigating the entry 

of covered merchandise into the customs territory of the United 

States through evasion; 

(2) on the basis of risk assessment metrics, assigns sufficient personnel with primary responsibility for preventing the 

entry of covered merchandise into the customs territory of 

the United States through evasion to the ports of entry in 

the United States at which the Commissioner determines potential evasion presents the most substantial threats to the revenue of the United States; and 

(3) provides adequate training to relevant personnel to 

increase expertise and effectiveness in the prevention and 

identification of entries of covered merchandise into the customs 

territory of the United States through evasion. 

SEC. 432. ANNUAL REPORT ON PREVENTION AND INVESTIGATION OF 

EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY 

ORDERS. 

(a) IN GENERAL.—Not later than January 15 of each calendar 

year that begins on or after the date that is 270 days after the 

date of the enactment of this Act, the Commissioner, in consultation 

with the Secretary of Commerce and the Director of U.S. Immigration and Customs Enforcement, shall submit to the Committee 

on Finance of the Senate and the Committee on Ways and Means 

of the House of Representatives a report on the efforts being taken 

to prevent and investigate the entry of covered merchandise into 

the customs territory of the United States through evasion. 

(b) CONTENTS.—Each report required under subsection (a) shall 

include— 

(1) for the calendar year preceding the submission of the 

report— 

(A) a summary of the efforts of U.S. Customs and 

Border Protection to prevent and investigate the entry 

of covered merchandise into the customs territory of the 

United States through evasion; 

(B) the number of allegations of evasion received, 

including allegations received under subsection (b) of section 517 of the Tariff Act of 1930, as added by section 

421 of this Act, and the number of such allegations 

resulting in investigations by U.S. Customs and Border 

Protection or any other Federal agency; 

(C) a summary of investigations initiated, including 

investigations initiated under subsection (b) of such section 

517, including— 

Summary. 

Summary. 

Consultation. 

19 USC 4392. 

19 USC 4391. 

Deadline. 

19 USC 1517 

note. 


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130 STAT. 170 PUBLIC LAW 114–125—FEB. 24, 2016 

(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. 

Evaluation. 

Guidelines. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 171 

(c) PUBLIC SUMMARY.—The Commissioner shall make available 

to the public a summary of the report required by subsection 

(a) that includes, at a minimum— 

(1) a description of the type of merchandise with respect 

to which investigations were initiated under subsection (b) of 

section 517 of the Tariff Act of 1930, as added by section 

421 of this Act; 

(2) the amount of additional duties determined to be owed 

as a result of such investigations and the amount of such 

duties that were collected; 

(3) an identification of the countries of origin of covered 

merchandise determined under subsection (c) of such section 

517 to be entered into the customs territory of the United 

States through evasion; and 

(4) a description of the types of measures used by U.S. 

Customs and Border Protection to prevent and investigate evasion. 

SEC. 433. ADDRESSING CIRCUMVENTION BY NEW SHIPPERS. 

Section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 

1675(a)(2)(B)) is amended— 

(1) by striking clause (iii); 

(2) by redesignating clause (iv) as clause (iii); and 

(3) by inserting after clause (iii), as redesignated by paragraph (2) of this section, the following: 

‘‘(iv) DETERMINATIONS BASED ON BONA FIDE

SALES.—Any weighted average dumping margin or 

individual countervailing duty rate determined for an 

exporter or producer in a review conducted under 

clause (i) shall be based solely on the bona fide United 

States sales of an exporter or producer, as the case 

may be, made during the period covered by the review. 

In determining whether the United States sales of 

an exporter or producer made during the period covered 

by the review were bona fide, the administering 

authority shall consider, depending on the circumstances surrounding such sales— 

‘‘(I) the prices of such sales; 

‘‘(II) whether such sales were made in commercial quantities; 

‘‘(III) the timing of such sales; 

‘‘(IV) the expenses arising from such sales; 

‘‘(V) whether the subject merchandise involved 

in such sales was resold in the United States at 

a profit; 

‘‘(VI) whether such sales were made on an 

arms-length basis; and 

‘‘(VII) any other factor the administering 

authority determines to be relevant as to whether 

such sales are, or are not, likely to be typical 

of those the exporter or producer will make after 

completion of the review.’’. 


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130 STAT. 172 PUBLIC LAW 114–125—FEB. 24, 2016 

TITLE V—SMALL BUSINESS TRADE 

ISSUES AND STATE TRADE COORDINATION 

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. 

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 

Deadline. 

Consultation. 

Deadline. 

Establishment. 

15 USC 631 note. 

Small Business 

Trade 

Enhancement 

Act of 2015. 


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

Overview. 

Analysis. 

Assessment. 


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130 STAT. 174 PUBLIC LAW 114–125—FEB. 24, 2016 

SEC. 503. STATE TRADE EXPANSION PROGRAM. 

Section 22 of the Small Business Act (15 U.S.C. 649) is 

amended— 

(1) by redesignating subsection (l) as subsection (m); and 

(2) by inserting after subsection (k) the following: 

‘‘(l) STATE TRADE EXPANSION PROGRAM.— 

‘‘(1) DEFINITIONS.—In this subsection— 

‘‘(A) the term ‘eligible small business concern’ means 

a business concern that— 

‘‘(i) is organized or incorporated in the United 

States; 

‘‘(ii) is operating in the United States; 

‘‘(iii) meets— 

‘‘(I) the applicable industry-based small business size standard established under section 3; 

or 

‘‘(II) the alternate size standard applicable to 

the program under section 7(a) of this Act and 

the loan programs under title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et 

seq.); 

‘‘(iv) has been in business for not less than 1 

year, as of the date on which assistance using a grant 

under this subsection commences; and 

‘‘(v) has access to sufficient resources to bear the 

costs associated with trade, including the costs of 

packing, shipping, freight forwarding, and customs brokers; 

‘‘(B) the term ‘program’ means the State Trade Expansion Program established under paragraph (2); 

‘‘(C) the term ‘rural small business concern’ means 

an eligible small business concern located in a rural area, 

as that term is defined in section 1393(a)(2) of the Internal 

Revenue Code of 1986; 

‘‘(D) the term ‘socially and economically disadvantaged 

small business concern’ has the meaning given that term 

in section 8(a)(4)(A) of the Small Business Act (15 U.S.C. 

637(a)(4)(A)); and 

‘‘(E) the term ‘State’ means each of the several States, 

the District of Columbia, the Commonwealth of Puerto 

Rico, the Virgin Islands, Guam, the Commonwealth of the 

Northern Mariana Islands, and American Samoa. 

‘‘(2) ESTABLISHMENT OF PROGRAM.—The Associate Administrator shall establish a trade expansion program, to be known 

as the ‘State Trade Expansion Program’, to make grants to 

States to carry out programs that assist eligible small business 

concerns in— 

‘‘(A) participation in foreign trade missions; 

‘‘(B) a subscription to services provided by the Department of Commerce; 

‘‘(C) the payment of website fees; 

‘‘(D) the design of marketing media; 

‘‘(E) a trade show exhibition; 

‘‘(F) participation in training workshops; 

‘‘(G) a reverse trade mission; 

Grants. 


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PUBLIC LAW 114–125—FEB. 24, 2016 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— 

Consultation. 


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130 STAT. 176 PUBLIC LAW 114–125—FEB. 24, 2016 

‘‘(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 

Web posting. 

Management 

plan. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 177 

significant progress in helping more eligible small 

business concerns. 

‘‘(ii) NOTICE TO CONGRESS.—On the date on which 

the Associate Administrator publishes a report under 

clause (i), the Associate Administrator shall notify the 

Committee on Small Business and Entrepreneurship 

of the Senate and the Committee on Small Business 

of the House of Representatives that the report has 

been published. 

‘‘(8) REVIEWS BY INSPECTOR GENERAL.— ‘‘(A) IN GENERAL.—The Inspector General of the 

Administration shall conduct a review of— 

‘‘(i) the extent to which recipients of grants under 

the program are measuring the performance of the 

activities being conducted and the results of the 

measurements; and 

‘‘(ii) the overall management and effectiveness of 

the program. 

‘‘(B) REPORTS.— ‘‘(i) PILOT PROGRAM.—Not later than 6 months 

after the date of enactment of this subsection, the 

Inspector General of the Administration shall submit 

to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding 

the use of amounts made available under the State 

Trade and Export Promotion Grant Program under 

section 1207 of the Small Business Jobs Act of 2010 

(15 U.S.C. 649b note). 

‘‘(ii) NEW STEP PROGRAM.—Not later than 18 

months after the date on which the first grant is 

awarded under this subsection, the Inspector General 

of the Administration shall submit to the Committee 

on Small Business and Entrepreneurship of the Senate 

and the Committee on Small Business of the House 

of Representatives a report regarding the review conducted under subparagraph (A). 

‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out the program $30,000,000 

for each of fiscal years 2016 through 2020.’’. 

SEC. 504. STATE AND FEDERAL EXPORT PROMOTION COORDINATION. 

(a) STATE AND FEDERAL EXPORT PROMOTION COORDINATION

WORKING GROUP.—Subtitle C of the Export Enhancement Act of 

1988 (15 U.S.C. 4721 et seq.) is amended by inserting after section 

2313 the following: 

‘‘SEC. 2313A. 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 

President. 

15 USC 4728a. 


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130 STAT. 178 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. 

Consultation. 

Recommendations. 

Strategic plan. 

Strategy. 


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PUBLIC LAW 114–125—FEB. 24, 2016 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. 

SEC. 505. STATE TRADE COORDINATION. 

(a) MEMBERSHIP OF REPRESENTATIVES OF STATE TRADE PRO- MOTION AGENCIES ON TRADE PROMOTION COORDINATING COM- MITTEE.—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.— 

President. 

15 USC 4721a. 

15 USC 4727 

note. 


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130 STAT. 180 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 

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: 

Framework. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 181 

‘‘SEC. 310. TRADE ENFORCEMENT PRIORITIES. 

‘‘(a) TRADE ENFORCEMENT PRIORITIES, CONSULTATIONS, AND

REPORT.— 

‘‘(1) TRADE ENFORCEMENT PRIORITIES CONSULTATIONS.—Not 

later than May 31 of each calendar year that begins after 

the date of the enactment of the Trade Facilitation and Trade 

Enforcement Act of 2015, the United States Trade Representative (in this section referred to as the ‘Trade Representative’) 

shall consult with the Committee on Finance of the Senate 

and the Committee on Ways and Means of the House of Representatives with respect to the prioritization of acts, policies, 

or practices of foreign governments that raise concerns with 

respect to obligations under the WTO Agreements or any other 

trade agreement to which the United States is a party, or 

otherwise create or maintain barriers to United States goods, 

services, or investment. 

‘‘(2) IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES.— In identifying acts, policies, or practices of foreign governments 

as trade enforcement priorities under this subsection, the Trade 

Representative shall focus on those acts, policies, and practices 

the elimination of which is likely to have the most significant 

potential to increase United States economic growth, and take 

into account all relevant factors, including— 

‘‘(A) the economic significance of any potential 

inconsistency between an obligation assumed by a foreign 

government pursuant to a trade agreement to which both 

the foreign government and the United States are parties 

and the acts, policies, or practices of that government; 

‘‘(B) the impact of the acts, policies, or practices of 

a foreign government on maintaining and creating United 

States jobs and productive capacity; 

‘‘(C) the major barriers and trade distorting practices 

described in the most recent National Trade Estimate 

required under section 181(b); 

‘‘(D) the major barriers and trade distorting practices 

described in other relevant reports addressing international 

trade and investment barriers prepared by a Federal 

agency or congressional commission during the 12 months 

preceding the date of the most recent report under paragraph (3); 

‘‘(E) a foreign government’s compliance with its obligations under any trade agreements to which both the foreign 

government and the United States are parties; 

‘‘(F) the implications of a foreign government’s procurement plans and policies; and 

‘‘(G) the international competitive position and export 

potential of United States products and services. 

‘‘(3) REPORT ON TRADE ENFORCEMENT PRIORITIES AND

ACTIONS TAKEN TO ADDRESS.— 

‘‘(A) IN GENERAL.—Not later than July 31 of each calendar year that begins after the date of the enactment 

of the Trade Facilitation and Trade Enforcement Act of 

2015, the Trade Representative shall report to the Committee on Finance of the Senate and the Committee on 

Ways and Means of the House of Representatives on acts, 

policies, or practices of foreign governments identified as 

trade enforcement priorities based on the consultations 


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130 STAT. 182 PUBLIC LAW 114–125—FEB. 24, 2016 

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. 

Deadline. 


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PUBLIC LAW 114–125—FEB. 24, 2016 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 

Deadline. 


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130 STAT. 184 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.’’. 

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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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 185 

SEC. 603. TRADE MONITORING. 

(a) IN GENERAL.—Chapter 1 of title II of the Trade Act of 

1974 (19 U.S.C. 2251 et seq.) is amended by adding at the end 

the following: 

‘‘SEC. 205. TRADE MONITORING. 

‘‘(a) MONITORING TOOL FOR IMPORTS.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, the Commission shall make available on 

a website of the Commission an import monitoring tool to 

allow the public access to data on the volume and value of 

goods imported to the United States for the purpose of assessing 

whether such data has changed with respect to such goods 

over a period of time. 

‘‘(2) DATA DESCRIBED.—For purposes of the monitoring tool 

under paragraph (1), the Commission shall use data compiled 

by the Department of Commerce and such other government 

data as the Commission considers appropriate. 

‘‘(3) PERIODS OF TIME.—The Commission shall ensure that 

data accessed through the monitoring tool under paragraph 

(1) includes data for the most recent quarter for which such 

data are available and previous quarters as the Commission 

considers practicable. 

‘‘(b) MONITORING REPORTS.— 

‘‘(1) IN GENERAL.—Not later than 270 days after the date 

of the enactment of the Trade Facilitation and Trade Enforcement Act of 2015, and not less frequently than quarterly thereafter, the Secretary of Commerce shall publish on a website 

of the Department of Commerce, and notify the Committee 

on Finance of the Senate and the Committee on Ways and 

Means of the House of Representatives of the availability of, 

a monitoring report on changes in the volume and value of 

trade with respect to imports and exports of goods categorized 

based on the 6-digit subheading number of the goods under 

the Harmonized Tariff Schedule of the United States during 

the most recent quarter for which such data are available 

and previous quarters as the Secretary considers practicable. 

‘‘(2) REQUESTS FOR COMMENT.—Not later than one year 

after the date of the enactment of the Trade Facilitation and 

Trade Enforcement Act of 2015, the Secretary of Commerce 

shall solicit through the Federal Register public comment on 

the monitoring reports described in paragraph (1). 

‘‘(c) SUNSET.—The requirements under this section terminate 

on the date that is seven years after the date of the enactment 

of the Trade Facilitation and Trade Enforcement Act of 2015.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the Trade 

Act of 1974 (19 U.S.C. 2101 et seq.) is amended by inserting 

after the item relating to section 204 the following: 

‘‘Sec. 205. Trade monitoring.’’. 

SEC. 604. ESTABLISHMENT OF INTERAGENCY CENTER ON TRADE 

IMPLEMENTATION, MONITORING, AND ENFORCEMENT. 

(a) IN GENERAL.—Section 141 of the Trade Act of 1974 (19 

U.S.C. 2171) is amended by adding at the end the following: 

‘‘(h) INTERAGENCY CENTER ON TRADE IMPLEMENTATION, MONITORING, AND ENFORCEMENT.— 

Federal Register, 

publication. 

Public 

information. 

Deadlines. 

Web postings. 

19 USC 2255. 


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130 STAT. 186 PUBLIC LAW 114–125—FEB. 24, 2016 

‘‘(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— 

Consultation. 

Appointment. 


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

SEC. 605. INCLUSION OF INTEREST IN CERTAIN DISTRIBUTIONS OF 

ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES. 

(a) IN GENERAL.—The Secretary of Homeland Security shall 

deposit all interest described in subsection (c) into the special 

account established under section 754(e) of the Tariff Act of 1930 

(19 U.S.C. 1675c(e)) (repealed by subtitle F of title VII of the 

Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154)) 

for inclusion in distributions described in subsection (b) made on 

or after the date of the enactment of this Act. 

(b) DISTRIBUTIONS DESCRIBED.—Distributions described in this 

subsection are distributions of antidumping duties and countervailing duties assessed on or after October 1, 2000, that are made 

under section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c) 

(repealed by subtitle F of title VII of the Deficit Reduction Act 

19 USC 4401. 

Analysis. 

Records. 


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130 STAT. 188 PUBLIC LAW 114–125—FEB. 24, 2016 

of 2005 (Public Law 109–171; 120 Stat. 154)), with respect to 

entries of merchandise that— 

(1) were made on or before September 30, 2007; and 

(2) were, in accordance with section 822 of the Claims 

Resolution Act of 2010 (19 U.S.C. 1675c note), unliquidated, 

not in litigation, and not under an order of liquidation from 

the Department of Commerce on December 8, 2010. 

(c) INTEREST DESCRIBED.— (1) INTEREST REALIZED.—Interest described in this subsection is interest earned on antidumping duties or countervailing duties described in subsection (b) that is realized 

through application of a payment received on or after October 

1, 2014, by U.S. Customs and Border Protection under, or 

in connection with— 

(A) a customs bond pursuant to a court order or judgment; or 

(B) a settlement with respect to a customs bond, 

including any payment made to U.S. Customs and Border 

Protection with respect to that bond by a surety. 

(2) TYPES OF INTEREST.—Interest described in paragraph 

(1) includes the following: 

(A) Interest accrued under section 778 of the Tariff 

Act of 1930 (19 U.S.C. 1677g). 

(B) Interest accrued under section 505(d) of the Tariff 

Act of 1930 (19 U.S.C. 1505(d)). 

(C) Equitable interest under common law and interest 

under section 963 of the Revised Statutes (19 U.S.C. 580) 

awarded by a court against a surety under its bond for 

late payment of antidumping duties, countervailing duties, 

or interest described in subparagraph (A) or (B). 

(d) DEFINITIONS.—In this section: 

(1) ANTIDUMPING DUTIES.—The term ‘‘antidumping duties’’ 

means antidumping duties imposed under section 731 of the 

Tariff Act of 1930 (19 U.S.C. 1673) or under the Antidumping 

Act, 1921 (title II of the Act of May 27, 1921; 42 Stat. 11, 

chapter 14). 

(2) COUNTERVAILING DUTIES.—The term ‘‘countervailing 

duties’’ means countervailing duties imposed under section 701 

of the Tariff Act of 1930 (19 U.S.C. 1671). 

SEC. 606. ILLICITLY IMPORTED, EXPORTED, OR TRAFFICKED CULTURAL PROPERTY, ARCHAEOLOGICAL OR ETHNOLOGICAL 

MATERIALS, AND FISH, WILDLIFE, AND PLANTS. 

(a) IN GENERAL.—The Commissioner and the Director of U.S. 

Immigration and Customs Enforcement shall ensure that appropriate personnel of U.S. Customs and Border Protection and U.S. 

Immigration and Customs Enforcement, as the case may be, are 

trained in the detection, identification, detention, seizure, and forfeiture of cultural property, archaeological or ethnological materials, 

and fish, wildlife, and plants, the importation, exportation, or trafficking of which violates the laws of the United States. 

(b) TRAINING.—The Commissioner and the Director are authorized to accept training and other support services from experts 

outside of the Federal Government with respect to the detection, 

identification, detention, seizure, and forfeiture of cultural property, 

archaeological or ethnological materials, or fish, wildlife, and plants 

described in subsection (a). 

19 USC 4402. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 189 

SEC. 607. ENFORCEMENT UNDER TITLE III OF THE TRADE ACT OF 

1974 WITH RESPECT TO CERTAIN ACTS, POLICIES, AND 

PRACTICES. 

Section 301(d)(3)(B) of the Trade Act of 1974 (19 U.S.C. 

2411(d)(3)(B)) is amended— 

(1) in clause (ii), by striking ‘‘or’’ at the end; 

(2) in clause (iii)(V), by striking the period at the end 

and inserting ‘‘, or’’; and 

(3) by adding at the end the following: 

‘‘(iv) constitutes a persistent pattern of conduct 

by the government of a foreign country under which 

that government fails to effectively enforce commitments under agreements to which the foreign country 

and the United States are parties, including with 

respect to trade in goods, trade in services, trade in 

agriculture, foreign investment, intellectual property, 

digital trade in goods and services and cross-border 

data flows, regulatory practices, state-owned and statecontrolled enterprises, localization barriers to trade, 

labor and the environment, anticorruption, trade 

remedy laws, textiles, and commercial partnerships.’’. 

SEC. 608. HONEY TRANSSHIPMENT. 

(a) IN GENERAL.—The Commissioner shall direct appropriate 

personnel and the use of resources of U.S. Customs and Border 

Protection to address concerns that honey is being imported into 

the United States in violation of the customs and trade laws of 

the United States. 

(b) COUNTRY OF ORIGIN.— 

(1) IN GENERAL.—The Commissioner shall compile a database of the individual characteristics of honey produced in 

foreign countries to facilitate the verification of country of origin 

markings of imported honey. 

(2) ENGAGEMENT WITH FOREIGN GOVERNMENTS.—The 

Commissioner shall seek to engage the customs agencies of 

foreign governments for assistance in compiling the database 

described in paragraph (1). 

(3) CONSULTATION WITH INDUSTRY.—In compiling the database described in paragraph (1), the Commissioner shall consult 

with entities in the honey industry regarding the development 

of industry standards for honey identification. 

(4) CONSULTATION WITH FOOD AND DRUG ADMINISTRATION.— 

In compiling the database described in paragraph (1), the 

Commissioner shall consult with the Commissioner of Food 

and Drugs. 

(c) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Commissioner shall submit to 

Congress a report that— 

(1) describes and assesses the limitations in the existing 

analysis capabilities of laboratories with respect to determining 

the country of origin of honey samples or the percentage of 

honey contained in a sample; and 

(2) includes any recommendations of the Commissioner 

for improving such capabilities. 

(d) SENSE OF CONGRESS.—It is the sense of Congress that 

the Commissioner of Food and Drugs should promptly establish 

a national standard of identity for honey for the Commissioner 

Recommendations. 

Assessment. 

Records. 

19 USC 4403. 


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130 STAT. 190 PUBLIC LAW 114–125—FEB. 24, 2016 

of U.S. Customs and Border Protection to use to ensure that imports 

of honey are— 

(1) classified accurately for purposes of assessing duties; 

and 

(2) denied entry into the United States if such imports 

pose a threat to the health or safety of consumers in the 

United States. 

SEC. 609. ESTABLISHMENT OF CHIEF INNOVATION AND INTELLECTUAL 

PROPERTY NEGOTIATOR. 

(a) IN GENERAL.—Section 141 of the Trade Act of 1974 (19 

U.S.C. 2171) is amended— 

(1) in subsection (b)(2)— 

(A) by striking ‘‘and one Chief Agricultural Negotiator’’ 

and inserting ‘‘, one Chief Agricultural Negotiator, and 

one Chief Innovation and Intellectual Property Negotiator,’’; 

(B) by striking ‘‘or the Chief Agricultural Negotiator’’ 

and inserting ‘‘, the Chief Agricultural Negotiator, or the 

Chief Innovation and Intellectual Property Negotiator’’; and 

(C) by striking ‘‘and the Chief Agricultural Negotiator’’ 

and inserting ‘‘, the Chief Agricultural Negotiator, and 

the Chief Innovation and Intellectual Property Negotiator’’; 

and 

(2) in subsection (c)— 

(A) by moving paragraph (5) 2 ems to the left; and 

(B) by adding at the end the following: 

‘‘(6) The principal functions of the Chief Innovation and Intellectual Property Negotiator shall be to conduct trade negotiations 

and to enforce trade agreements relating to United States intellectual property and to take appropriate actions to address acts, policies, and practices of foreign governments that have a significant 

adverse impact on the value of United States innovation. The Chief 

Innovation and Intellectual Property Negotiator shall be a vigorous 

advocate on behalf of United States innovation and intellectual 

property interests. The Chief Innovation and Intellectual Property 

Negotiator shall perform such other functions as the United States 

Trade Representative may direct.’’. 

(b) COMPENSATION.—Section 5314 of title 5, United States Code 

is amended by striking ‘‘Chief Agricultural Negotiator.’’ and 

inserting the following: 

‘‘Chief Agricultural Negotiator, Office of the United States 

Trade Representative. 

‘‘Chief Innovation and Intellectual Property Negotiator, Office 

of the United States Trade Representative.’’. 

(c) REPORT REQUIRED.—Not later than one year after the 

appointment of the first Chief Innovation and Intellectual Property 

Negotiator pursuant to paragraph (2) of section 141(b) of the Trade 

Act of 1974, as amended by subsection (a), and annually thereafter, 

the United States Trade Representative shall submit to the Committee on Finance of the Senate and the Committee on Ways 

and Means of the House of Representatives a report describing 

in detail— 

(1) enforcement actions taken by the Trade Representative 

during the one-year period preceding the submission of the 

report to ensure the protection of United States innovation 

and intellectual property interests; and 

Time period. 

19 USC 4404. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 191 

(2) other actions taken by the Trade Representative to 

advance United States innovation and intellectual property 

interests. 

SEC. 610. MEASURES RELATING TO COUNTRIES THAT DENY ADEQUATE 

PROTECTION FOR INTELLECTUAL PROPERTY RIGHTS. 

(a) INCLUSION OF COUNTRIES THAT DENY ADEQUATE PROTEC- TION OF TRADE SECRETS.—Section 182(d)(2) of the Trade Act of 

1974 (19 U.S.C. 2242(d)(2)) is amended by inserting ‘‘, trade secrets,’’ 

after ‘‘copyrights’’. 

(b) SPECIAL RULES FOR COUNTRIES ON THE PRIORITY WATCH

LIST OF THE UNITED STATES TRADE REPRESENTATIVE.— (1) IN GENERAL.—Section 182 of the Trade Act of 1974 

(19 U.S.C. 2242) is amended by striking subsection (g) and 

inserting the following: 

‘‘(g) SPECIAL RULES FOR FOREIGN COUNTRIES ON THE PRIORITY

WATCH LIST.— 

‘‘(1) ACTION PLANS.— 

‘‘(A) IN GENERAL.—Not later than 90 days after the 

date on which the Trade Representative submits the 

National Trade Estimate under section 181(b), the Trade 

Representative shall develop an action plan described in 

subparagraph (C) with respect to each foreign country 

described in subparagraph (B). 

‘‘(B) FOREIGN COUNTRY DESCRIBED.—The Trade Representative shall develop an action plan under subparagraph (A) with respect to each foreign country that— 

‘‘(i) the Trade Representative has identified for 

placement on the priority watch list; and 

‘‘(ii) has remained on such list for at least one 

year. 

‘‘(C) ACTION PLAN DESCRIBED.—An action plan developed under subparagraph (A) shall contain the benchmarks 

described in subparagraph (D) and be designed to assist 

the foreign country— 

‘‘(i) to achieve— 

‘‘(I) adequate and effective protection of 

intellectual property rights; and 

‘‘(II) fair and equitable market access for 

United States persons that rely upon intellectual 

property protection; or 

‘‘(ii) to make significant progress toward achieving 

the goals described in clause (i). 

‘‘(D) BENCHMARKS DESCRIBED.—The benchmarks contained in an action plan developed pursuant to subparagraph (A) are such legislative, institutional, enforcement, 

or other actions as the Trade Representative determines 

to be necessary for the foreign country to achieve the 

goals described in clause (i) or (ii) of subparagraph (C). 

‘‘(2) FAILURE TO MEET ACTION PLAN BENCHMARKS.—If, as 

of one year after the date on which an action plan is developed 

under paragraph (1)(A), the President, in consultation with 

the Trade Representative, determines that the foreign country 

to which the action plan applies has not substantially complied 

with the benchmarks described in paragraph (1)(D), the President may take appropriate action with respect to the foreign 

country. 

President. 

Consultation. 

Determination. 

Deadline. 


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130 STAT. 192 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 

19 USC 4405. 

19 USC 2242 

note. 

19 USC 2242 

note. 

List. 

Time period. 


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PUBLIC LAW 114–125—FEB. 24, 2016 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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130 STAT. 194 PUBLIC LAW 114–125—FEB. 24, 2016 

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. 

Recommendations. 

Analysis. 

Consultation. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 195 

TITLE VII—ENGAGEMENT ON CURRENCY EXCHANGE RATE AND ECONOMIC POLICIES 

SEC. 701. ENHANCEMENT OF ENGAGEMENT ON CURRENCY EXCHANGE 

RATE AND ECONOMIC POLICIES WITH CERTAIN MAJOR 

TRADING PARTNERS OF THE UNITED STATES. 

(a) MAJOR TRADING PARTNER REPORT.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of the enactment of this Act, and not less frequently than 

once every 180 days thereafter, the Secretary shall submit 

to the appropriate committees of Congress a report on the 

macroeconomic and currency exchange rate policies of each 

country that is a major trading partner of the United States. 

(2) ELEMENTS.— 

(A) IN GENERAL.—Each report submitted under paragraph (1) shall contain— 

(i) for each country that is a major trading partner 

of the United States— 

(I) that country’s bilateral trade balance with 

the United States; 

(II) that country’s current account balance as 

a percentage of its gross domestic product; 

(III) the change in that country’s current 

account balance as a percentage of its gross 

domestic product during the 3-year period preceding the submission of the report; 

(IV) that country’s foreign exchange reserves 

as a percentage of its short-term debt; and 

(V) that country’s foreign exchange reserves 

as a percentage of its gross domestic product; and 

(ii) an enhanced analysis of macroeconomic and 

exchange rate policies for each country that is a major 

trading partner of the United States that has— 

(I) a significant bilateral trade surplus with 

the United States; 

(II) a material current account surplus; and 

(III) engaged in persistent one-sided intervention in the foreign exchange market. 

(B) ENHANCED ANALYSIS.—Each enhanced analysis 

under subparagraph (A)(ii) shall include, for each country 

with respect to which an analysis is made under that 

subparagraph— 

(i) a description of developments in the currency 

markets of that country, including, to the greatest 

extent feasible, developments with respect to currency 

interventions; 

(ii) a description of trends in the real effective 

exchange rate of the currency of that country and 

in the degree of undervaluation of that currency; 

(iii) an analysis of changes in the capital controls 

and trade restrictions of that country; and 

(iv) patterns in the reserve accumulation of that 

country. 

19 USC 4421. 


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130 STAT. 196 PUBLIC LAW 114–125—FEB. 24, 2016 

(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 POLI- CIES.— (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 

President. 

Determination. 

Determination. 

Plan. 

President. 


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PUBLIC LAW 114–125—FEB. 24, 2016 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, 

President. 

President. 

Determination. 


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130 STAT. 198 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. 

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.— 

President. 

19 USC 4422. 


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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’’. 

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

(a) IN GENERAL.—Section 411 of the Homeland Security Act 

of 2002 (6 U.S.C. 211) is amended to read as follows: 

‘‘SEC. 411. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTECTION; COMMISSIONER, DEPUTY COMMISSIONER, AND 

OPERATIONAL OFFICES. 

‘‘(a) IN GENERAL.—There is established in the Department an 

agency to be known as U.S. Customs and Border Protection. 

19 USC 4301 

note. 

U.S. Customs 

and Border 

Protection 

Authorization 

Act. 


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130 STAT. 200 PUBLIC LAW 114–125—FEB. 24, 2016 

‘‘(b) COMMISSIONER OF U.S. CUSTOMS AND BORDER PROTEC- 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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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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130 STAT. 204 PUBLIC LAW 114–125—FEB. 24, 2016 

‘‘(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; 

Reports. 

Evaluation. 

Notification. 


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130 STAT. 206 PUBLIC LAW 114–125—FEB. 24, 2016 

‘‘(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 

Deadline. 

Time period. 

Effective date. 

Deadline. 

Determination. 


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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 

List. 

Records. 

Deadline. 


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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 

Time period. 

Effective date. 

Reports. 

Public 

information. 

Web posting. 

Publication. 

Public 

information. 

Recommendations. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 209 

Enforcement Act of 2015, a report that includes compilations of all such wait times and a ranking of such United 

States airports by wait times; and 

‘‘(D) provide adequate staffing at the U.S. Customs 

and Border Protection information center to ensure timely 

access for travelers attempting to submit comments or 

speak with a representative about their entry experiences. 

‘‘(2) CALCULATION.—The wait times referred to in paragraph (1)(A) shall be determined by calculating the time elapsed 

between an individual’s entry into the U.S. Customs and Border 

Protection inspection area and such individual’s clearance by 

a U.S. Customs and Border Protection officer. 

‘‘(o) OTHER AUTHORITIES.— ‘‘(1) IN GENERAL.—The Secretary may establish such other 

offices or positions of Assistant Commissioners (or other similar 

officers or officials) as the Secretary determines necessary to 

carry out the missions, duties, functions, and authorities of 

U.S. Customs and Border Protection. 

‘‘(2) 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 

6 USC 211 note. 

Deadline. 


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130 STAT. 210 PUBLIC LAW 114–125—FEB. 24, 2016 

by this title may be construed as affecting in any manner 

any rule or regulation issued or promulgated pursuant 

to any provision of law, including section 411 of the Homeland Security Act of 2002 as in existence on the day before 

the date of the enactment of this Act, and any such rule 

or regulation shall continue to have full force and effect 

on and after such date. 

(B) OTHER ACTIONS.—Notwithstanding paragraph (1), 

nothing in this Act may be construed as affecting in any 

manner any action, determination, policy, or decision 

pursuant to section 411 of the Homeland Security Act 

of 2002 as in existence on the day before the date of 

the enactment of this Act, and any such action, determination, policy, or decision shall continue to have full force 

and effect on and after such date. 

(c) CONTINUATION IN OFFICE.— (1) COMMISSIONER.—The individual serving as the Commissioner of Customs on the day before the date of the enactment 

of this Act may serve as the Commissioner of U.S. Customs 

and Border Protection on and after such date of enactment 

until a Commissioner of U.S. Customs and Border Protection 

is appointed under section 411 of the Homeland Security Act 

of 2002, as amended by subsection (a) of this section. 

(2) OTHER POSITIONS.—The individual serving as Deputy 

Commissioner, and the individuals serving as Assistant 

Commissioners and other officers and officials, under section 

411 of the Homeland Security Act of 2002 on the day before 

the date of the enactment of this Act may serve as the Executive 

Assistant Commissioners, Deputy Commissioner, Assistant 

Commissioners, and other officers and officials, as appropriate, 

under such section 411 as amended by subsection (a) of this 

section unless the Commissioner of U.S. Customs and Border 

Protection determines that another individual should hold such 

position or positions. 

(d) REFERENCE.— (1) TITLE 5.—Section 5314 of title 5, United States Code, 

is amended by striking ‘‘Commissioner of Customs, Department 

of Homeland Security’’ and inserting ‘‘Commissioner of U.S. 

Customs and Border Protection, Department of Homeland Security’’. 

(2) OTHER REFERENCES.—On and after the date of the 

enactment of this Act, any reference in law or regulations 

to the ‘‘Commissioner of Customs’’ or the ‘‘Commissioner of 

the Customs Service’’ shall be deemed to be a reference to 

the Commissioner of U.S. Customs and Border Protection. 

(e) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 

is amended by striking the item relating to section 411 and inserting 

the following new item: 

‘‘Sec. 411. Establishment of U.S. Customs and Border Protection; Commissioner, 

Deputy Commissioner, and operational offices.’’. 

(f) REPEALS.—Sections 416 and 418 of the Homeland Security 

Act of 2002 (6 U.S.C. 216 and 218), and the items relating to 

such sections in the table of contents in section 1(b) of such Act, 

are repealed. 

(g) CLERICAL AND CONFORMING AMENDMENTS.— 

6 USC 211 note. 

6 USC 211 note. 


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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: 

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

‘‘Notwithstanding any other provision of this Act, the Transportation Security Administration shall be maintained as a distinct 

entity within the Department.’’; and 

(II) in section 430 (6 U.S.C. 238)— 

(aa) by amending subsection (a) to read 

as follows: 

‘‘(a) ESTABLISHMENT.—There is established in the Department 

an Office for Domestic Preparedness.’’; 

(bb) in subsection (b), by striking the 

second sentence; and 

(cc) in subsection (c)(7), by striking ‘‘Directorate’’ and inserting ‘‘Department’’; and 

(v) in subtitle D— 

(I) in section 441 (6 U.S.C. 251)— 

(aa) by striking the section heading and 

inserting ‘‘TRANSFER OF FUNCTIONS’’; and 

(bb) by striking ‘‘Under Secretary for 

Border and Transportation Security’’ and 

inserting ‘‘Secretary’’; 

(II) in section 443 (6 U.S.C. 253)— 

(aa) in the matter preceding paragraph 

(1), by striking ‘‘Under Secretary for Border 

and Transportation Security’’ and inserting 

‘‘Secretary’’; and 

(bb) by striking ‘‘the Bureau of Border 

Security’’ and inserting ‘‘U.S. Immigration and 

Customs Enforcement’’ each place it appears; 

and 

(III) by amending section 444 (6 U.S.C. 254) 

to read as follows: 

‘‘SEC. 444. EMPLOYEE DISCIPLINE. 

‘‘Notwithstanding any other provision of law, the Secretary 

may impose disciplinary action on any employee of U.S. Immigration 

and Customs Enforcement and U.S. Customs and Border Protection 

who willfully deceives Congress or agency leadership on any 

matter.’’. 

(2) CONFORMING AMENDMENTS.—Section 401 of the Homeland Security Act of 2002 (6 U.S.C. 201) is repealed. 

(3) CLERICAL AMENDMENTS.—The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended— 

(A) by striking the item relating to title IV and 

inserting the following: 

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

(B) by striking the item relating to subtitle A of title 

IV and inserting the following: 

Repeal. 

6 USC 234. 


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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: 

‘‘SEC. 4. OFFICE OF TRADE. 

‘‘(a) IN GENERAL.—There is established in U.S. Customs and 

Border Protection an Office of Trade. 

‘‘(b) EXECUTIVE ASSISTANT COMMISSIONER.—There shall be at 

the head of the Office of Trade an Executive Assistant Commissioner, who shall report to the Commissioner of U.S. Customs 

and Border Protection. 

‘‘(c) DUTIES.—The Office of Trade shall— 

‘‘(1) direct the development and implementation, pursuant 

to the customs and trade laws of the United States, of policies 

and regulations administered by U.S. Customs and Border 

Protection; 

‘‘(2) advise the Commissioner of U.S. Customs and Border 

Protection with respect to the impact on trade facilitation and 

trade enforcement of any policy or regulation otherwise proposed or administered by U.S. Customs and Border Protection; 

‘‘(3) coordinate with the Executive Assistant Commissioner 

for the Office of Field Operations with respect to the trade 

facilitation and trade enforcement activities of U.S. Customs 

and Border Protection; 

‘‘(4) direct the development and implementation of matters 

relating to the priority trade issues identified by the Commissioner of U.S. Customs and Border Protection in the joint 

strategic plan for trade facilitation and trade enforcement 

required under section 105 of the Trade Facilitation and Trade 

Enforcement Act of 2015; 

‘‘(5) otherwise advise the Commissioner of U.S. Customs 

and Border Protection with respect to the development and 

implementation of the joint strategic plan; 

‘‘(6) direct the trade enforcement activities of U.S. Customs 

and Border Protection; 

‘‘(7) oversee the trade modernization activities of U.S. Customs and Border Protection, including the development and 

implementation of the Automated Commercial Environment 

computer system authorized under section 13031(f)(4) of the 

Consolidated Omnibus Budget and Reconciliation Act of 1985 

(19 U.S.C. 58c(f)(4)) and support for the establishment of the 

19 USC 2084. 


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130 STAT. 214 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 

Notification. 

Deadlines. 

Reports. 

Deadlines. 


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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; 

19 USC 2084 

note. 

Deadline. 


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130 STAT. 216 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 

Assessment. 

Deadline. 

Plan. 

Certification. 

8 USC 1185 note. 


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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. 

In this subtitle: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee 

on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and 

(B) the Committee on Homeland Security, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Homeland Security. 

SEC. 813. ESTABLISHMENT OF PRECLEARANCE OPERATIONS. 

Pursuant to section 629 of the Tariff Act of 1930 (19 U.S.C. 

1629) and section 103(a)(7) of the Immigration and Nationality 

Act (8 U.S.C. 1103(a)(7)), and provided that an aviation security 

preclearance agreement (as defined in section 44901(d)(4)(B) of 

title 49, United States Code) is in effect, the Secretary may establish 

and maintain U.S. Customs and Border Protection preclearance 

operations in a foreign country— 

(1) to prevent terrorists, instruments of terrorism, and 

other security threats from entering the United States; 

(2) to prevent inadmissible persons from entering the 

United States; 

19 USC 4432. 

19 USC 4431. 

19 USC 4301 

note. 

Preclearance 

Authorization 

Act of 2015. 


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130 STAT. 218 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. 

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; 

Assessment. 

Estimate. 

Plans. 

Plans. 

Assessment. 

Assessment. 

Records. 

Agreements. 

Deadlines. 

19 USC 4433. 


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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 

Reports. 

Records. 

Reports. 


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130 STAT. 220 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. 

Section 44901(d)(4) of title 49, United States Code, is 

amended— 

(1) by redesignating subparagraph (C) as subparagraph 

(D); and 

(2) by inserting after subparagraph (B) the following: 

‘‘(C) RESCREENING REQUIREMENT.—If the Administrator of the Transportation Security Administration determines that the government of a foreign country has not 

maintained security standards and protocols comparable 

to those of the United States at airports at which 

preclearance operations have been established in accordance with this paragraph, the Administrator shall ensure 

that Transportation Security Administration personnel rescreen passengers arriving from such airports and their 

property in the United States before such passengers are 

permitted into sterile areas of airports in the United 

States.’’. 

SEC. 816. LOST AND STOLEN PASSPORTS. 

The Secretary may not enter into an agreement with the 

government of a foreign country to establish or maintain U.S. 

Customs and Border Protection preclearance operations at an airport in such country unless the Secretary certifies to the appropriate 

congressional committees that such government— 

(1) routinely submits information about lost and stolen 

passports of its citizens and nationals to INTERPOL’s Stolen 

and Lost Travel Document database; or 

(2) makes such information available to the United States 

Government through another comparable means of reporting. 

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

(a) COST SHARING AGREEMENTS WITH RELEVANT AIRPORT

AUTHORITIES.—The Commissioner may enter into a cost sharing 

19 USC 4435. 

Certification. 

19 USC 4434. 

Determination. 

Determination. 


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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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130 STAT. 222 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.’’. 

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. 

19 USC 4436. 


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PUBLIC LAW 114–125—FEB. 24, 2016 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. 

Section 401(c) of the Security and Accountability For Every 

Port Act of 2006 (6 U.S.C. 115(c)) is amended— 

(1) in paragraph (1), by striking ‘‘on Department policies 

and actions that have’’ and inserting ‘‘not later than 30 days 

after proposing, and not later than 30 days before finalizing, 

any Department policies, initiatives, or actions that will have’’; 

and 

(2) in paragraph (2)(A), by striking ‘‘not later than 30 

days prior to the finalization of’’ and inserting ‘‘not later than 

60 days before proposing, and not later than 60 days before 

finalizing,’’. 

SEC. 903. PENALTIES FOR CUSTOMS BROKERS. 

(a) IN GENERAL.—Section 641(d)(1) of the Tariff Act of 1930 

(19 U.S.C. 1641(d)(1)) is amended— 

(1) in subparagraph (E), by striking ‘‘; or’’ and inserting 

a semicolon; 

(2) in subparagraph (F), by striking the period and inserting 

‘‘; or’’; and 

(3) by adding at the end the following: 

‘‘(G) has been convicted of committing or conspiring 

to commit an act of terrorism described in section 2332b 

of title 18, United States Code.’’. 

(b) TECHNICAL AMENDMENTS.—Section 641 of the Tariff Act 

of 1930 (19 U.S.C. 1641) is amended— 

Deadlines. 

Applicability. 

19 USC 1321 

note. 


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130 STAT. 224 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. 

(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: 

Applicability. 

Applicability. 

Definitions. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 225 

‘‘ 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 ’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) applies to goods entered, or withdrawn from warehouse 

for consumption, on or after the date that is 60 days after 

the date of the enactment of this Act. 

SEC. 905. EXEMPTION FROM DUTY OF RESIDUE OF BULK CARGO CONTAINED IN INSTRUMENTS OF INTERNATIONAL TRAFFIC 

PREVIOUSLY EXPORTED FROM THE UNITED STATES. 

(a) IN GENERAL.—General Note 3(e) of the Harmonized Tariff 

Schedule of the United States is amended— 

(1) in subparagraph (v), by striking ‘‘and’’ at the end; 

(2) in subparagraph (vi), by adding ‘‘and’’ at the end; 

(3) by inserting after subparagraph (vi) (as so amended) 

the following new subparagraph: 

‘‘(vii) residue of bulk cargo contained in instruments 

of international traffic previously exported from the United 

States,’’; and 

(4) by adding at the end of the flush text following subparagraph (vii) (as so added) the following: ‘‘For purposes of subparagraph (vii) of this paragraph: The term ‘residue’ means material 

of bulk cargo that remains in an instrument of international 

traffic after the bulk cargo is removed, with a quantity, by 

weight or volume, not exceeding 7 percent of the bulk cargo, 

and with no or de minimis value. The term ‘bulk cargo’ means 

cargo that is unpackaged and is in either solid, liquid, or 

gaseous form. The term ‘instruments of international traffic’ 

means containers or holders, capable of and suitable for 

repeated use, such as lift vans, cargo vans, shipping tanks, 

skids, pallets, caul boards, and cores for textile fabrics, arriving 

(whether loaded or empty) in use or to be used in the shipment 

of merchandise in international traffic, and any additional articles or classes of articles that the Commissioner of U.S. Customs 

and Border Protection designates as instruments of international traffic.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) take effect on the date of the enactment of this Act and apply 

with respect to residue of bulk cargo contained in instruments 

of international traffic that are imported into the customs territory 

of the United States on or after such date of enactment and that 

previously have been exported from the United States. 

Applicability. 

Definitions. 

Applicability. 


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130 STAT. 226 PUBLIC LAW 114–125—FEB. 24, 2016 

SEC. 906. DRAWBACK AND REFUNDS. 

(a) ARTICLES MADE FROM IMPORTED MERCHANDISE.—Section 

313(a) of the Tariff Act of 1930 (19 U.S.C. 1313(a)) is amended 

by striking ‘‘the full amount of the duties paid upon the merchandise 

so used shall be refunded as drawback, less 1 per centum of such 

duties, except that such’’ and inserting ‘‘an amount calculated 

pursuant to regulations prescribed by the Secretary of the Treasury 

under subsection (l) shall be refunded as drawback, except that’’. 

(b) SUBSTITUTION FOR DRAWBACK PURPOSES.—Section 313(b) 

of the Tariff Act of 1930 (19 U.S.C. 1313(b)) is amended— 

(1) by striking ‘‘If imported’’ and inserting the following: 

‘‘(1) IN GENERAL.—If imported’’; 

(2) by striking ‘‘and any other merchandise (whether 

imported or domestic) of the same kind and quality are’’ and 

inserting ‘‘or merchandise classifiable under the same 8-digit 

HTS subheading number as such imported merchandise is’’; 

(3) by striking ‘‘three years’’ and inserting ‘‘5 years’’; 

(4) by striking ‘‘the receipt of such imported merchandise 

by the manufacturer or producer of such articles’’ and inserting 

‘‘the date of importation of such imported merchandise’’; 

(5) by striking ‘‘an amount of drawback equal to’’ and 

all that follows through the end period and inserting ‘‘an 

amount calculated pursuant to regulations prescribed by the 

Secretary of the Treasury under subsection (l), but only if 

those articles have not been used prior to such exportation 

or destruction.’’; and 

(6) by adding at the end the following: 

‘‘(2) REQUIREMENTS RELATING TO TRANSFER OF MERCHANDISE.— 

‘‘(A) MANUFACTURERS AND PRODUCERS.—Drawback 

shall be allowed under paragraph (1) with respect to an 

article manufactured or produced using imported merchandise or other merchandise classifiable under the same 8- 

digit HTS subheading number as such imported merchandise only if the manufacturer or producer of the article 

received such imported merchandise or such other merchandise, directly or indirectly, from the importer. 

‘‘(B) EXPORTERS AND DESTROYERS.—Drawback shall be 

allowed under paragraph (1) with respect to a manufactured or produced article that is exported or destroyed 

only if the exporter or destroyer received that article, 

directly or indirectly, from the manufacturer or producer. 

‘‘(C) EVIDENCE OF TRANSFER.—Transfers of merchandise under subparagraph (A) and transfers of articles under 

subparagraph (B) may be evidenced by business records 

kept in the normal course of business and no additional 

certificates of transfer or manufacture shall be required. 

‘‘(3) SUBMISSION OF BILL OF MATERIALS OR FORMULA.— 

‘‘(A) IN GENERAL.—Drawback shall be allowed under 

paragraph (1) with respect to an article manufactured or 

produced using imported merchandise or other merchandise 

classifiable under the same 8-digit HTS subheading number 

as such imported merchandise only if the person making 

the drawback claim submits with the claim a bill of materials or formula identifying the merchandise and article 

by the 8-digit HTS subheading number and the quantity 

of the merchandise. 


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PUBLIC LAW 114–125—FEB. 24, 2016 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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130 STAT. 228 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 

Records. does not exceed 50 percent. Transfers of merchandise 

Records. 


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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.— 

Definition. 


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130 STAT. 230 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

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 

Deadline. 


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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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130 STAT. 232 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— 

Electronic filing. 

Records. 


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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.— 19 USC 1313 

note. 

Assessment. 


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130 STAT. 234 PUBLIC LAW 114–125—FEB. 24, 2016 

(1) IN GENERAL.—The amendments made by this section 

shall— 

(A) take effect on the date of the enactment of this 

Act; and 

(B) except as provided in paragraph (3), apply to drawback claims filed on or after the date that is 2 years 

after such date of enactment. 

(2) REPORTING OF OPERABILITY OF AUTOMATED COMMERCIAL

ENVIRONMENT COMPUTER SYSTEM.—Not later than one year 

after the date of the enactment of this Act, and not later 

than 2 years after such date of enactment, the Secretary of 

the Treasury shall submit to the Committee on Finance of 

the Senate and the Committee on Ways and Means of the 

House of Representatives a report on— 

(A) the date on which the Automated Commercial 

Environment will be ready to process drawback claims; 

and 

(B) the date on which the Automated Export System 

will be ready to accept proof of exportation under subsection 

(i) of section 313 of the Tariff Act of 1930, as amended 

by subsection (d) of this section. 

(3) TRANSITION RULE.—During the one-year period beginning on the date that is 2 years after the date of the enactment 

of this Act, a person may elect to file a claim for drawback 

under— 

(A) section 313 of the Tariff Act of 1930, as amended 

by this section; or 

(B) section 313 of the Tariff Act of 1930, as in effect 

on the day before the date of the enactment of this Act. 

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

(a) IN GENERAL.—Not later than one year after entering into 

an agreement under a program specified in subsection (b), and 

annually thereafter until the termination of the program, the 

Commissioner shall submit to the Committee on Finance and the 

Committee on Homeland Security and Governmental Affairs of 

the Senate and the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives a 

report that includes the following: 

(1) A description of the development of the program, 

including an identification of the authority under which the 

program operates. 

(2) A description of the type of entity with which U.S. 

Customs and Border Protection entered into the agreement 

and the amount that entity reimbursed U.S. Customs and 

Border Protection under the agreement. 

(3) An identification of the type of port of entry to which 

the agreement relates and an assessment of how the agreement 

provides economic benefits and security benefits (if applicable) 

at the port of entry. 

(4) A description of the services provided by U.S. Customs 

and Border Protection under the agreement during the year 

preceding the submission of the report. 

(5) The amount of fees collected under the agreement 

during that year. 

19 USC 4451. 

Time period. 

Applicability. 


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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 

is— 

(1) the program for entering into reimbursable fee agreements for the provision of U.S. Customs and Border Protection 

services established by section 560 of the Department of Homeland Security Appropriations Act, 2013 (division D of Public 

Law 113–6; 127 Stat. 378); 

(2) the pilot program authorizing U.S. Customs and Border 

Protection to enter into partnerships with private sector and 

government entities at ports of entry established by section 

559 of the Department of Homeland Security Appropriations 

Act, 2014 (division F of Public Law 113–76; 6 U.S.C. 211 

note); 

(3) the program under which U.S. Customs and Border 

Protection collects a fee for the use of customs services at 

designated facilities under section 236 of the Trade and Tariff 

Act of 1984 (19 U.S.C. 58b); or 

(4) the program established by subtitle B of title VIII 

of this Act authorizing U.S. Customs and Border Protection 

to establish preclearance operations in foreign countries. 

SEC. 908. CHARTER FLIGHTS. 

Section 13031(e)(1) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(e)(1)) is amended— 

(1) by striking ‘‘(1) Notwithstanding section 451 of the 

Tariff Act of 1930 (19 U.S.C. 1451) or any other provision 

of law (other than paragraph (2))’’ and inserting the following: 

‘‘(1)(A) Notwithstanding section 451 of the Tariff Act of 1930 

(19 U.S.C. 1451) or any other provision of law (other than subparagraph (B) and paragraph (2))’’; and 

Assessment. 

Summary. 

Recommendations. 

Assessment. 

Summary. 


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130 STAT. 236 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 

19 USC 4452. 

Deadline. 


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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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130 STAT. 238 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. 

President. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 239 

(3) FOREIGN COURT.—The term ‘‘foreign court’’ means a 

court, an administrative body, or other tribunal of a foreign 

country. 

(4) FOREIGN JUDGMENT.—The term ‘‘foreign judgment’’ 

means a final civil judgment rendered by a foreign court. 

(5) FOREIGN PERSON.—The term ‘‘foreign person’’ means— 

(A) an individual who is not a United States person 

or an alien lawfully admitted for permanent residence into 

the United States; or 

(B) a corporation, partnership, or other nongovernmental entity which is not a United States person. 

(6) PERSON.— (A) IN GENERAL.—The term ‘‘person’’ means— 

(i) a natural person; 

(ii) a corporation, business association, partnership, society, trust, financial institution, insurer, 

underwriter, guarantor, and any other business 

organization, any other nongovernmental entity, 

organization, or group, and any governmental entity 

operating as a business enterprise; and 

(iii) any successor to any entity described in clause 

(ii). 

(B) APPLICATION TO GOVERNMENTAL ENTITIES.—The 

term ‘‘person’’ does not include a government or governmental entity that is not operating as a business enterprise. 

(7) UNITED STATES PERSON.—The term ‘‘United States person’’ means— 

(A) a natural person who is a national of the United 

States (as defined in section 101(a)(22) of the Immigration 

and Nationality Act (8 U.S.C. 1101(a)(22))); or 

(B) a corporation or other legal entity that is organized 

under the laws of the United States, any State or territory 

thereof, or the District of Columbia, if natural persons 

described in subparagraph (A) own, directly or indirectly, 

more than 50 percent of the outstanding capital stock or 

other beneficial interest in such legal entity. 

SEC. 910. ELIMINATION OF CONSUMPTIVE DEMAND EXCEPTION TO 

PROHIBITION ON IMPORTATION OF GOODS MADE WITH 

CONVICT LABOR, FORCED LABOR, OR INDENTURED 

LABOR; REPORT. 

(a) ELIMINATION OF CONSUMPTIVE DEMAND EXCEPTION.— 

(1) IN GENERAL.—Section 307 of the Tariff Act of 1930 

(19 U.S.C. 1307) is amended by striking ‘‘The provisions of 

this section’’ and all that follows through ‘‘of the United States.’’. 

(2) 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. 

Time period. 

19 USC 4453. 

19 USC 1307 

note. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
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 PROTEC- TION’’; 

(2) by striking ‘‘the Customs Service’’ and inserting ‘‘U.S. 

Customs and Border Protection’’; and 

(3) by striking ‘‘on which notice of the original liquidation 

is given or transmitted to the importer, his consignee or agent’’ 

and inserting ‘‘of the original liquidation’’. 

SEC. 912. TARIFF CLASSIFICATION OF RECREATIONAL PERFORMANCE 

OUTERWEAR. 

(a) REPEAL.—Section 601 of the Trade Preferences Extension 

Act of 2015 (Public Law 114–27; 129 Stat. 387) is repealed, and 

any provision of law amended by such section is restored as if 

such section had not been enacted into law. 

(b) AMENDMENTS TO ADDITIONAL U.S. NOTES.—The additional 

U.S. notes to chapter 62 of the Harmonized Tariff Schedule of 

the United States are amended— 

(1) in additional U.S. note 2— 

(A) by striking ‘‘For the purposes of subheadings’’ and 

all that follows through ‘‘6211.20.15’’ and inserting ‘‘For 

the purposes of subheadings 6201.92.17, 6201.92.35, 

6201.93.47, 6201.93.60, 6202.92.05, 6202.92.30, 6202.93.07, 

6202.93.48, 6203.41.01, 6203.41.25, 6203.43.03, 6203.43.11, 

6203.43.55, 6203.43.75, 6204.61.05, 6204.61.60, 6204.63.02, 

6204.63.09, 6204.63.55, 6204.63.75 and 6211.20.15’’; 

(B) by striking ‘‘(see ASTM designations D 3600-81 

and D 3781-79)’’ and inserting ‘‘(see current version of 

ASTM D7017)’’; and 

(C) by striking ‘‘in accordance with AATCC Test 

Method 35-1985.’’ and inserting ‘‘in accordance with the 

current version of AATCC Test Method 35.’’; and 

(2) by adding at the end the following new note: 

‘‘3. (a) When used in a subheading of this chapter or immediate 

superior text thereto, the term ‘recreational performance outerwear’ 

means trousers (including, but not limited to, ski or snowboard 

pants, and ski or snowboard pants intended for sale as parts of 

ski-suits), coveralls, bib and brace overalls, jackets (including, but 

not limited to, full zip jackets, ski jackets and ski jackets intended 

for sale as parts of ski-suits), windbreakers and similar articles 

(including padded, sleeveless jackets), the foregoing of fabrics of 

cotton, wool, hemp, bamboo, silk or manmade fibers, or a combination of such fibers; that are either water resistant within the 

meaning of additional U.S. note 2 to this chapter or treated with 

plastics, or both; with critically sealed seams, and with 5 or more 

of the following features (as further provided herein): 

‘‘(i) insulation for cold weather protection; 


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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. 

Definitions. 


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130 STAT. 242 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): 

‘‘ Recreational performance outerwear: 

Records. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 243 

6201.91.03 Padded, 

sleeveless 

jackets ............ 8.5% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, P, 

PA, PE, SG) 

2.5% (OM) 

58.5% 

6201.91.05 Other .............. 49.7¢/kg + 

19.7% 

Free (AU,BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, P, 

PA, PE, SG) 

14.9¢/kg +5.9% 

(OM) 

52.9¢/kg + 58.5% 

Other: 

6201.91.25 Padded, 

sleeveless 

jackets ............ 8.5% Free (AU,BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, P, 

PA, PE, SG) 

2.5% (OM) 

58.5% 

6201.91.40 Other .............. 49.7¢/kg + 

19.7% 

Free (AU,BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, P, 

PA, PE, SG) 

14.9¢/kg +5.9% 

(OM) 

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): 

‘‘ Recreational performance outerwear: 

Applicability. 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
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% 

Other: 

6201.92.17 Water resistant ... 6.2% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

37.5% 

6201.92.19 Other ................... 9.4% Free (AU,BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

90% 

Other: 

6201.92.30 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: 

6201.92.35 Water resistant ... 6.2% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

37.5% 

6201.92.45 Other ................... 9.4% Free (AU,BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

90% ’’. 

(3) By striking subheadings 6201.93.10 through 6201.93.35 

and inserting the following, with the superior text to subheading 6201.93.15 having the same degree of indentation as 

the article description for subheading 6201.93.10 (as in effect 

on the day before the effective date of this section): 

‘‘ Recreational performance outerwear: 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 245 

6201.93.15 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: 

6201.93.18 Padded, 

sleeveless 

jackets .......... 14.9% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

76% 

Other: 

6201.93.45 Containing 

36 percent 

or more by 

weight of 

wool or 

fine animal 

hair ........... 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% 

Other: 

6201.93.47 Water 

resistant 7.1% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

65% 

6201.93.49 Other .... 27.7% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

90% 

Other: 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 246 PUBLIC LAW 114–125—FEB. 24, 2016 

6201.93.50 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: 

6201.93.52 Padded, 

sleeveless 

jackets .......... 14.9% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

76% 

Other: 

6201.93.55 Containing 

36 percent 

or more by 

weight of 

wool or 

fine animal 

hair ........... 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% 

Other: 

6201.93.60 Water 

resistant 7.1% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

65% 

6201.93.65 Other .... 27.7% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

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): 

‘‘ Recreational performance outerwear: 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 247 

6201.99.05 Containing 70 percent or more by 

weight of silk or 

silk waste .............. Free 35% 

6201.99.15 Other ...................... 4.2% Free (AU,BH, 

CA, CL, CO, 

E*, IL, JO, 

KR, MA, MX, 

OM, P, PA, 

PE, SG) 

35% 

Other: 

6201.99.50 Containing 70 percent or more by 

weight of silk or 

silk waste .............. Free 35% 

6201.99.80 Other ...................... 4.2% Free (AU, BH, 

CA, CL, CO, 

E*, IL, JO, 

KR, MA, MX, 

OM, P, PA, 

PE, SG) 

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): 

‘‘ Recreational 

performance 

outerwear: 

6202.91.03 Padded, 

sleeveless 

jackets ......... 14% Free (AU, BH, 

CA, CL, CO, IL, 

JO, KR, MA, MX, 

P, PA, PE, SG) 

4.2% (OM) 

58.5% 

6202.91.15 Other ........... 36¢/kg + 

16.3% 

Free (AU,BH,CA, 

CL,CO,IL,JO,KR, 

MA,MX,P, 

PA,PE,SG) 

10.8¢/kg + 4.8% 

(OM) 

46.3¢/kg +58.5% 

Other: 

6202.91.60 Padded, 

sleeveless 

jackets ......... 14% Free (AU, BH, 

CA, CL, CO, IL, 

JO, KR, MA, MX, 

P, PA, PE, SG) 

4.2% (OM)

58.5% 

6202.91.90 Other ........... 36¢/kg + 

16.3% 

Free (AU, BH, 

CA, CL, CO, IL, 

JO, KR, MA, MX, 

P, PA, PE, SG)

10.8¢/kg + 4.8% 

(OM)

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 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
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): 

‘‘ Recreational performance outerwear: 

6202.92.03 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: 

6202.92.05 Water resistant 6.2% Free (AU, BH, 

CA, CL, CO, IL, 

JO, KR, MA, MX, 

OM, P, PA, PE, 

SG) 

37.5% 

6202.92.12 Other ............... 8.9% Free (AU, BH, 

CA, CL, CO, IL, 

JO, KR, MA, 

MX,OM, P, 

PA,PE, SG) 

90% 

Other: 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 249 

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% 

Other: 

6202.92.30 Water resistant 6.2% Free (AU, BH, 

CA, CL, CO, IL, 

JO, KR, MA, MX, 

OM, P, PA, PE, 

SG) 

37.5% 

6202.92.90 Other ............... 8.9% Free (AU, BH, 

CA, CL, CO, IL, 

JO, KR, MA, MX, 

OM, P, PA, PE, 

SG)

90% ’’. 

(7) By striking subheadings 6202.93.10 through 6202.93.50 

and inserting the following, with the superior text to subheading 6202.93.01 having the same degree of indentation as 

the article description for subheading 6202.93.10 (as in effect 

on the day before the effective date of this section): 

‘‘ Recreational performance outerwear: 

6202.93.01 Containing 15 

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: 

6202.93.03 Padded, 

sleeveless 

jackets .......... 14.9% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

76% 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 250 PUBLIC LAW 114–125—FEB. 24, 2016 

Other: 

6202.93.05 Containing 

36 percent 

or more by 

weight of 

wool or 

fine animal 

hair ........... 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% 

Other: 

6202.93.07 Water 

resistant 7.1% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

65% 

6202.93.09 Other .... 27.7% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

90% 

Other: 

6202.93.15 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: 

6202.93.25 Padded, 

sleeveless 

jackets .......... 14.9% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

76% 

Other: 

6202.93.45 Containing 

36 percent 

or more by 

weight of 

wool or 

fine animal 

hair ........... 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% 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 251 

Other: 

6202.93.48 Water 

resistant 7.1% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

65% 

6202.93.55 Other .... 27.7% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

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): 

‘‘ Recreational performance outerwear: 

6202.99.03 Containing 70 

percent or more 

by weight of silk 

or silk waste ....... Free 35% 

6202.99.15 Other .................. 2.8% Free (AU,BH, 

CA, CL, CO, E*, 

IL, JO, KR, 

MA,MX, OM, P, 

PA, PE,SG) 

35% 

Other: 

6202.99.60 Containing 70 

percent or more 

by weight of silk 

or silk waste ....... Free 35% 

6202.99.80 Other .................. 2.8% Free (AU, BH, 

CA, CL, CO, E*, 

IL, JO, KR, MA, 

MX, OM, P, PA, 

PE, SG)

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): 

‘‘ 6203.41 Of wool or fine 

animal hair: 

Recreational 

performance 

outerwear: 

Trousers, 

breeches and 

shorts: 

Applicability. 


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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 ........ 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% 

Other: 

6203.41.03 Trousers 

of worsted wool 

fabric, 

made of 

wool 

yarn 

having 

an average fiber 

diameter 

of 18.5 

microns 

or less ... 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) 

52.9¢/kg +58.5% 

6203.41.06 Other .... 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) 

52.9¢/kg + 58.5% 

6203.41.08 Bib and 

brace overalls ............... 8.5% Free (AU, BH, 

CA, CL, CO,IL, 

JO,KR, 

MA,MX, P, PA, 

PE, SG) 

2.5% (OM) 

63% 

Other: 

Trousers, 

breeches and 

shorts: 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 253 

6203.41.25 Trousers 

and 

breeches, 

containing 

elastomeric 

fiber, 

water resistant, 

without 

belt loops, 

weighing 

more than 

9 kg per 

dozen ........ 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% 

Other: 

6203.41.30 Trousers 

of worsted wool 

fabric, 

made of 

wool 

yarn 

having 

an average fiber 

diameter 

of 18.5 

microns 

or less ... 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) 

52.9¢/kg +58.5% 

6203.41.60 Other .... 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) 

52.9¢/kg +58.5% 

6203.41.80 Bib and 

brace overalls ............... 8.5% Free (AU, BH, 

CA, CL, CO,IL, 

JO,KR, 

MA,MX, P, PA, 

PE,SG) 

2.5% (OM) 

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 


dkrause on DSKHT7XVN1PROD with PUBLAWS
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): 

‘‘ Recreational performance outerwear: 

6203.42.03 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 .. Free 60% 

Other: 

6203.42.05 Bib and brace 

overalls ................ 10.3% Free (AU,BH, 

CA, CL,CO, IL, 

JO,KR, 

MA,MX,OM, P, 

PA,PE, SG) 

90% 

6203.42.07 Other ................... 16.6% Free (AU,BH, 

CA, CL,CO, IL, 

JO, 

MA,MX,OM, P, 

PA,PE, SG) 

9.9% (KR) 

90% 

Other: 

6203.42.17 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 .. Free 60% 

Other: 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 255 

6203.42.25 Bib and brace 

overalls ................ 10.3% Free (AU,BH, 

CA, CL,CO, IL, 

JO,KR, 

MA,MX,OM, P, 

PA,PE, SG) 

90% 

6203.42.45 Other ................... 16.6% Free (AU,BH, 

CA, CL,CO, IL, 

JO, MA, MX, 

OM, P, PA,PE, 

SG) 

9.9% (KR) 

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): 

‘‘ Recreational performance outerwear: 

6203.43.01 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 .... Free 60% 

Other: 

Bib and brace 

overalls: ............

6203.43.03 Water resistant ................. 7.1% Free (AU,BH, CA, 

CL, CO, IL, JO, 

KR, MA,MX,OM, 

P, PA,PE,SG) 

65% 

6203.43.05 Other ............. 14.9% Free (AU,BH, CA, 

CL, CO, IL, JO, 

KR, MA, MX,OM, 

P, PA, PE,SG) 

76% 

Other: 

6203.43.09 Containing 36 percent or more by 

weight of wool or 

fine animal hair ... 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% 

Other: 

Applicability. 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 256 PUBLIC LAW 114–125—FEB. 24, 2016 

6203.43.11 Water resistant trousers or 

breeches ..... 7.1% Free (AU,BH, CA, 

CL, CO, IL, JO, 

MA, MX,OM, P, 

PA,PE,SG) 

1.4% (KR) 

65% 

6203.43.13 Other ......... 27.9% Free (AU,BH, CA, 

CL, CO, IL, JO, 

MA, MX,OM, P, 

PA, PE,SG) 

5.5% (KR) 

90% 

Other: 

6203.43.45 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 .... Free 60% 

Other: 

Bib and brace 

overalls: ............

6203.43.55 Water resistant ................. 7.1% Free (AU,BH, CA, 

CL, CO, IL, JO, 

KR, MA, MX,OM, 

P, PA, PE,SG) 

65% 

6203.43.60 Other ............. 14.9% Free (AU,BH, CA, 

CL, CO,IL,JO, 

KR, MA, MX,OM, 

P, PA, PE,SG) 

76% 

Other: 

6203.43.65 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% 

Other: 

6203.43.70 Containing 

36 percent 

or more by 

weight of 

wool or fine 

animal hair 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% 

Other: 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 257 

6203.43.75 Water resistant 

trousers 

or breeches ............ 7.1% Free (AU,BH, CA, 

CL, CO, IL, JO, 

MA, MX,OM, P, 

PA,PE,SG) 

1.4% (KR) 

65% 

6203.43.90 Other ...... 27.9% Free (AU,BH, CA, 

CL, CO, IL, JO, 

MA, MX,OM, P, 

PA, PE,SG) 

5.5% (KR)

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): 

‘‘ Recreational performance outerwear: 

Of artificial fibers: 

6203.49.01 Bib and brace 

overalls ........... 8.5% Free (AU,BH, CA, 

CL, CO, IL,JO, 

KR, MA, MX,OM, 

P, PA,PE, SG) 

76% 

6203.49.05 Trousers, 

breeches and 

shorts .............. 27.9% Free (AU,BH, CA, 

CL, CO, IL,JO, 

KR, MA, MX,OM, 

P,PA,PE, SG) 

90% 

Of other textile 

materials: ...........

6203.49.07 Containing 70 

percent or 

more by 

weight of silk 

or silk waste ... Free 35% 


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130 STAT. 258 PUBLIC LAW 114–125—FEB. 24, 2016 

6203.49.09 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: 

6203.49.25 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: 

6203.49.35 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% 

6203.49.50 Other ........... 27.9% Free (AU,BH, CA, 

CL, CO, IL,JO, 

KR, MA, MX,OM, 

P,PA,PE, SG) 

90% 

Of other textile 

materials: ...........

6203.49.60 Containing 70 

percent or 

more by 

weight of silk 

or silk waste ... Free 35% 

6203.49.90 Other .............. 2.8% Free (AU,BH, CA, 

CL, CO, E*, IL, 

JO,MA, MX,OM, 

P,PA,PE, SG) 

0.5% (KR)

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): 

‘‘ Recreational performance outerwear: 

Applicability. 

Applicability. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 259 

6204.61.05 Trousers and 

breeches, containing 

elastomeric fiber, 

water resistant, 

without belt loops, 

weighing more than 

6 kg per dozen ........ 7.6% Free (AU,BH, 

CA, CL, CO, 

IL,JO, KR, 

MA, MX, P, 

PA, PE, SG) 

2.2% (OM) 

58.5% 

6204.61.15 Other ....................... 13.6% Free (AU,BH, 

CA, CL, CO, 

IL,JO, KR, 

MA, MX, P, 

PA, PE, SG) 

4% (OM) 

58.5% 

Other: 

6204.61.60 Trousers and 

breeches, containing 

elastomeric fiber, 

water resistant, 

without belt loops, 

weighing more than 

6 kg per dozen ........ 7.6% Free (AU,BH, 

CA, CL, CO, 

IL,JO, KR, 

MA, MX, P, 

PA, PE, SG) 

2.2% (OM) 

58.5% 

6204.61.80 Other ....................... 13.6% Free (AU,BH, 

CA, CL, CO, 

IL,JO, KR, 

MA, MX, P, 

PA, PE, SG) 

4% (OM) 

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): 

‘‘ Recreational performance outerwear: 


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130 STAT. 260 PUBLIC LAW 114–125—FEB. 24, 2016 

6204.62.03 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 .. Free 60% 

Other: 

6204.62.05 Bib and brace 

overalls ................ 8.9% Free (AU,BH, 

CA, CL,CO, IL, 

JO,KR, 

MA,MX, OM, 

P, PA, PE, SG) 

90% 

6204.62.15 Other ................... 16.6% Free (AU,BH, 

CA, CL,CO, IL, 

JO, MA, 

MX,OM, P, 

PA,PE, SG) 

9.9% (KR) 

90% 

Other: 

6204.62.50 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 .. Free 60% 

Other: 

6204.62.60 Bib and brace 

overalls ................ 8.9% Free (AU,BH, 

CA, CL,CO, IL, 

JO,KR, 

MA,MX, OM, 

P, PA, PE, SG) 

90% 

Other: 

6204.62.70 Certified handloomed and 

folklore products ................... 7.1% Free (AU,BH, 

CA, CL,CO, E, 

IL, JO,KR, 

MA,MX, OM, 

P, PA, PE, SG) 

37.5% 

6204.62.80 Other ................ 16.6% Free (AU,BH, 

CA, CL,CO, IL, 

JO, MA, 

MX,OM, P, 

PA,PE, SG) 

9.9% (KR) 

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. 


dkrause on DSKHT7XVN1PROD with PUBLAWS
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): 

‘‘ Recreational performance outerwear: 

6204.63.01 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 .. Free 60% 

Other: 

Bib and brace 

overalls: 

6204.63.02 Water resistant 7.1% Free (AU, BH, 

CA, CL, CO,IL, 

JO,KR, 

MA,MX, OM,P, 

PA,PE, SG) 

65% 

6204.63.03 Other ................ 14.9% Free (AU, BH, 

CA, CL, CO,IL, 

JO,KR, 

MA,MX, OM,P, 

PA,PE, SG) 

76% 

Other: 

6204.63.08 Containing 36 

percent or more 

by weight of 

wool or fine animal hair ........... 13.6% Free (AU, BH, 

CA, CL, CO,IL, 

JO,KR, 

MA,MX,OM,P, 

PA,PE, SG) 

58.5% 

Other: 

6204.63.09 Water resistant trousers 

or breeches ... 7.1% Free (AU, BH, 

CA, CL, CO,IL, 

JO,KR, 

MA,MX,OM,P, 

PA,PE, SG) 

65% 

6204.63.11 Other ............ 28.6% Free 

(AU,BH,CA, 

CL,CO, IL,JO, 

MA,MX,OM,P, 

PA,PE, SG) 

5.7% (KR) 

90% 

Other: 


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130 STAT. 262 PUBLIC LAW 114–125—FEB. 24, 2016 

6204.63.50 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 .. Free 60% 

Other: 

Bib and brace 

overalls: 

6204.63.55 Water resistant 7.1% Free (AU, BH, 

CA, CL, CO,IL, 

JO,KR, 

MA,MX, OM,P, 

PA,PE, SG) 

65% 

6204.63.60 Other ................ 14.9% Free (AU, BH, 

CA, CL, CO,IL, 

JO,KR, 

MA,MX, OM,P, 

PA,PE, SG) 

76% 

6204.63.65 Certified handloomed and folklore products ....... 11.3% Free (AU, BH, 

CA, CL, CO, E, 

IL, JO,KR, 

MA,MX,OM,P, 

PA,PE, SG) 

76% 

Other: 

6204.63.70 Containing 36 

percent or more 

by weight of 

wool or fine animal hair ........... 13.6% Free (AU, BH, 

CA, CL, CO,IL, 

JO,KR, 

MA,MX, OM,P, 

PA,PE, SG) 

58.5% 

Other: 

6204.63.75 Water resistant trousers 

or breeches ... 7.1% Free (AU, BH, 

CA, CL, CO,IL, 

JO,KR, 

MA,MX, OM,P, 

PA,PE, SG) 

65% 

6204.63.90 Other ............ 28.6% Free (AU, BH, 

CA, CL, CO,IL, 

JO, MA, 

MX,OM, P, PA, 

PE,SG) 

5.7% (KR) 

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. 


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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): 

‘‘ Recreational performance outerwear: 

Of artificial fibers: 

6204.69.01 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: ......

6204.69.02 Containing 36 

percent or more 

by weight of 

wool or fine 

animal hair ...... 13.6% Free (AU,BH, 

CA, CL,CO, IL, 

JO,KR, MA, 

MX, OM, P, 

PA, PE, SG) 

58.5% 

6204.69.03 Other ................ 28.6% Free (AU,BH, 

CA, CL,CO, IL, 

JO,KR, MA, 

MX, OM, P, 

PA, PE, SG) 

90% 

Of silk or silk 

waste: 

6204.69.04 Containing 70 

percent or more 

by weight of silk 

or silk waste ....... 1.1% Free (AU, BH, 

CA, CL, CO, E, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

65% 

6204.69.05 Other ................... 7.1% Free (AU,BH, 

CA, CL,CO, 

E*, IL, JO, 

KR,MA,MX, 

OM, P,PA, PE, 

SG) 

65% 

6204.69.06 Other ....................... 2.8% Free (AU, BH, 

CA, CL, CO, 

E*, IL, JO, 

KR, MA, MX, 

OM, P, PA, 

PE, SG) 

35% 

Other: 

Of artificial fibers: 


dkrause on DSKHT7XVN1PROD with PUBLAWS
130 STAT. 264 PUBLIC LAW 114–125—FEB. 24, 2016 

6204.69.15 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: ......

6204.69.22 Containing 36 

percent or more 

by weight of 

wool or fine 

animal hair ...... 13.6% Free (AU,BH, 

CA, CL,CO, IL, 

JO,KR, MA, 

MX, OM, P, 

PA, PE, SG) 

58.5% 

6204.69.28 Other ................ 28.6% Free (AU,BH, 

CA, CL,CO, IL, 

JO,KR, MA, 

MX, OM, P, 

PA, PE, SG) 

90% 

Of silk or silk 

waste: 

6204.69.45 Containing 70 

percent or more 

by weight of silk 

or silk waste ....... 1.1% Free (AU,BH, 

CA, CL,CO, E, 

IL, JO, KR, 

MA, MX, OM, 

P,PA, PE, SG) 

65% 

6204.69.65 Other ................... 7.1% Free (AU,BH, 

CA, CL,CO, 

E*,IL, JO, 

KR,MA,MX, 

OM, P,PA, PE, 

SG) 

65% 

6204.69.80 Other ....................... 2.8% Free (AU,BH, 

CA, CL,CO, 

E*, IL, JO, 

KR,MA,MX, 

OM, P,PA, PE, 

SG)

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): 

‘‘ Recreational performance outerwear: 

Of man-made fibers: 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 265 

6210.40.15 Having an outer 

surface impregnated, coated, 

covered or laminated with rubber 

or plastics material which completely obscures 

the underlying 

fabric ................... 3.8% Free (AU, BH, 

CA, CL, CO,IL, 

JO,KR, 

MA,MX, OM,P, 

PA,PE, SG) 

65% 

6210.40.25 Other ................... 7.1% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

65% 

Other: 

6210.40.28 Having an outer 

surface impregnated, coated, 

covered or laminated with rubber 

or plastics material which completely obscures 

the underlying 

fabric ................... 3.3% Free (AU, BH, 

CA, CL, CO, E, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

37.5% 

6210.40.29 Other ................... 6.2% Free (AU, BH, 

CA, CL, CO, 

E*, IL, JO, 

KR, MA, MX, 

OM, P, PA, 

PE, SG) 

37.5% 

Other: 

Of man-made fibers: 

6210.40.35 Having an outer 

surface impregnated, coated, 

covered or laminated with rubber 

or plastics material which completely obscures 

the underlying 

fabric ................... 3.8% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

65% 

6210.40.55 Other ................... 7.1% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

65% 


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130 STAT. 266 PUBLIC LAW 114–125—FEB. 24, 2016 

Other: 

6210.40.75 Having an outer 

surface impregnated, coated, 

covered or laminated with rubber 

or plastics material which completely obscures 

the underlying 

fabric ................... 3.3% Free (AU, BH, 

CA, CL, CO, E, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

37.5% 

6210.40.80 Other ................... 6.2% Free (AU, BH, 

CA, CL, CO, 

E*, IL, JO, 

KR, MA, MX, 

OM, P, PA, 

PE, SG)

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): 

‘‘ Recreational performance outerwear: 

Of man-made fibers: 

6210.50.03 Having an outer 

surface impregnated, coated, 

covered or laminated with rubber 

or plastics material which completely obscures 

the underlying 

fabric ................... 3.8% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, 

OM,P, PA, PE, 

SG) 

65% 

6210.50.05 Other ................... 7.1% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, 

OM,P, PA, PE, 

SG) 

65% 

Other: 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 267 

6210.50.12 Having an outer 

surface impregnated, coated, 

covered or laminated with rubber 

or plastics material which completely obscures 

the underlying 

fabric ................... 3.3% Free (AU, BH, 

CA, CL, CO, E, 

IL, JO, KR, 

MA, MX, OM, 

P, PA,PE, SG) 

37.5% 

6210.50.22 Other ................... 6.2% Free (AU, BH, 

CA, CL, CO, 

E*, IL, JO, 

KR, MA, MX, 

OM, P,PA, PE, 

SG) 

37.5% 

Other: 

Of man-made fibers: 

6210.50.35 Having an outer 

surface impregnated, coated, 

covered or laminated with rubber 

or plastics material which completely obscures 

the underlying 

fabric ................... 3.8% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, 

OM,P, PA, PE, 

SG) 

65% 

6210.50.55 Other ................... 7.1% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, 

OM,P, PA, PE, 

SG) 

65% 

Other: 

6210.50.75 Having an outer 

surface impregnated, coated, 

covered or laminated with rubber 

or plastics material which completely obscures 

the underlying 

fabric ................... 3.3% Free (AU, BH, 

CA, CL, CO, E, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

37.5% 


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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 Of cotton: 

6211.32.50 Recreational performance outerwear 8.1% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

90% 

6211.32.90 Other ....................... 8.1% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

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 Of man-made fibers: 

6211.33.50 Recreational performance outerwear 16% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, P, PA 

,PE, SG) 

4.8% (OM) 

76% 

6211.33.90 Other ....................... 16% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, P, 

PA, PE, SG) 

4.8% (OM) 

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. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 269 

‘‘ Recreational performance outerwear: 

6211.39.03 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% 

6211.39.07 Containing 70 percent or more by 

weight of silk or 

silk waste ................ 0.5% Free (AU, BH, 

CA, CL, CO, E, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

35% 

6211.39.15 Other ....................... 2.8% Free (AU, BH, 

CA, CL, CO, 

E*, IL, JO, 

KR, MA, MX, 

OM, P, PE, 

SG) 

35% 

Other: 

6211.39.30 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% 

6211.39.60 Containing 70 percent or more by 

weight of silk or 

silk waste ................ 0.5% Free (AU, BH, 

CA, CL, CO, E, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

35% 

6211.39.80 Other ....................... 2.8% Free (AU, BH, 

CA, CL, CO, 

E*, IL, JO, 

KR, MA, MX, 

OM, P, PE, 

SG)

35% ’’. 

(B) The staged reductions in the special rate of duty proclaimed for subheading 6211.39.05 of the Harmonized Tariff 

Schedule of the United States before the effective date of this 

section shall apply to subheadings 6211.39.03 and 6211.39.30 

of such Schedule, as added by subparagraph (A), on and after 

such effective date. 

(22) By striking subheading 6211.42.00 and inserting the 

following, with the article description for subheading 6211.42 

having the same degree of indentation as the article description 

for subheading 6211.42.00 (as in effect on the day before the 

effective date of this section): 

‘‘ 6211.42 Of cotton: 

Applicability. 


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130 STAT. 270 PUBLIC LAW 114–125—FEB. 24, 2016 

6211.42.05 Recreational performance outerwear 8.1% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

90% 

6211.42.10 Other ....................... 8.1% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, OM, 

P, PA, PE, SG) 

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 Of man-made fibers: 

6211.43.05 Recreational performance outerwear 16% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, P, 

PA, PE, SG) 

4.8% (OM) 

90% 

6211.43.10 Other ....................... 16% Free (AU, BH, 

CA, CL, CO, 

IL, JO, KR, 

MA, MX, P, 

PA, PE, SG) 

4.8% (OM) 

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): 

‘‘ Recreational performance outerwear: 

6211.49.03 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% 

Applicability. 

Applicability. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 271 

6211.49.15 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% 

6211.49.25 Other ....................... 7.3% Free (AU, BH, 

CA, CL, CO, E, 

IL, JO, MA, 

MX, OM, P, 

PA, PE, SG) 

1.4% (KR) 

35% 

Other: 

6211.49.50 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% 

6211.49.60 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% 

6211.49.80 Other ....................... 7.3% Free (AU, BH, 

CA, CL, CO, E, 

IL, JO, MA, 

MX,OM, P, PA, 

PE, SG) 

1.4% (KR) 

35% ’’. 

(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. 

Applicability. 


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130 STAT. 272 PUBLIC LAW 114–125—FEB. 24, 2016 

SEC. 913. MODIFICATIONS TO DUTY TREATMENT OF PROTECTIVE 

ACTIVE FOOTWEAR. 

(a) IN GENERAL.—Chapter 64 of the Harmonized Tariff Schedule 

of the United States is amended— 

(1) by redesignating the Additional U.S. Note added by 

section 602(a) of the Trade Preferences Extension Act of 2015 

(Public Law 114–27; 129 Stat. 413) as Additional U.S. Note 

6; 

(2) in subheading 6402.91.42, by striking the matter in 

the column 1 special rate of duty column and inserting the 

following: ‘‘Free (AU, BH, CA, CL, D, IL, JO, MA, MX, P, R, SG) 

1%(PA) 6%(OM) 6%(PE) 12%(CO) 20%(KR)’’; and 

(3) in subheading 6402.99.32, by striking the matter in 

the column 1 special rate of duty column and inserting the 

following: ‘‘Free (AU, BH, CA, CL, D, IL, JO, MA, MX, P, R, SG) 

1%(PA) 6%(OM) 6%(PE) 12%(CO) 20%(KR)’’. 

(b) STAGED RATE REDUCTIONS.—Section 602(c) of the Trade 

Preferences Extension Act of 2015 (Public Law 114–27; 129 Stat. 

414) is amended to read as follows: 

‘‘(c) STAGED RATE REDUCTIONS.—Beginning in calendar year 

2016, the staged reductions in special rates of duty proclaimed 

before the date of the enactment of this Act— 

‘‘(1) for subheading 6402.91.90 of the Harmonized Tariff 

Schedule of the United States shall be applied to subheading 

6402.91.42 of such Schedule, as added by subsection (b)(1); 

and 

‘‘(2) for subheading 6402.99.90 of such Schedule shall be 

applied to subheading 6402.99.32 of such Schedule, as added 

by subsection (b)(2).’’. 

(c) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by this section 

shall take effect as if included in the enactment of the Trade 

Preferences Extension Act of 2015 (Public Law 114–27; 129 

Stat. 362). 

(2) RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS

AND RELIQUIDATIONS.— 

(A) IN GENERAL.—Notwithstanding section 514 of the 

Tariff Act of 1930 (19 U.S.C. 1514) or any other provision 

of law and subject to subparagraph (B), any entry of an 

article classified under subheading 6402.91.42 or 

6402.99.32 of the Harmonized Tariff Schedule of the United 

States, that— 

(i) was made— 

(I) after the effective date specified in section 

602(d) of the Trade Preferences Extension Act of 

2015 (Public Law 114–27; 129 Stat. 414), and 

(II) before the date of the enactment of this 

Act, and 

(ii) to which a lower rate of duty would be 

applicable if the entry were made after such date of 

enactment, 

shall be liquidated or reliquidated as though such entry 

occurred on such date of enactment. 

(B) REQUESTS.—A liquidation or reliquidation may be 

made under subparagraph (A) with respect to an entry 

only if a request therefor is filed with U.S. Customs and 

Border Protection not later than 180 days after the date 

Deadline. 

Effective 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). 

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 

Deadline. 


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130 STAT. 274 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 

Deadlines. 

President. 

Records. 

President. 


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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 PUBLIC LAW 114–125—FEB. 24, 2016 

(B) in subparagraph (B)(ii), by striking ‘‘section 

102(b)(16)’’ and inserting ‘‘section 102(b)(17)’’; and 

(2) in section 106(b)(5) (Public Law 114–26; 129 Stat. 354; 

19 U.S.C. 4205(b)(5)), by striking ‘‘section 102(b)(15)(C)’’ and 

inserting ‘‘section 102(b)(16)(C)’’. 

(g) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the enactment of the Bipartisan 

Congressional Trade Priorities and Accountability Act of 2015 

(Public Law 114–26; 129 Stat. 320; 19 U.S.C. 4201 et seq.). 

SEC. 915. TRADE PREFERENCES FOR NEPAL. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Nepal is among the least developed countries in the 

world, with a per capita gross national income of $730 in 

2014. 

(2) Nepal suffered a devastating earthquake in April 2015, 

with subsequent aftershocks. More than 9,000 people died and 

approximately 23,000 people were injured. 

(b) ELIGIBILITY REQUIREMENTS.— 

(1) IN GENERAL.—The President may authorize the provision of preferential treatment under this section to articles 

that are imported directly from Nepal into the customs territory 

of the United States pursuant to subsection (c) if the President 

determines— 

(A) that Nepal meets the requirements set forth in 

paragraphs (1), (2), and (3) of section 104(a) of the African 

Growth and Opportunity Act (19 U.S.C. 3703(a)); and 

(B) after taking into account the factors set forth in 

paragraphs (1) through (7) of subsection (c) of section 502 

of the Trade Act of 1974 (19 U.S.C. 2462), that Nepal 

meets the eligibility requirements of such section 502. 

(2) WITHDRAWAL, SUSPENSION, OR LIMITATION OF PREFERENTIAL TREATMENT; MANDATORY GRADUATION.—The provisions of subsections (d) and (e) of section 502 of the Trade 

Act of 1974 (19 U.S.C. 2462) shall apply with respect to Nepal 

to the same extent and in the same manner as such provisions 

apply with respect to beneficiary developing countries under 

title V of that Act (19 U.S.C. 2461 et seq.). 

(c) ELIGIBLE ARTICLES.— 

(1) IN GENERAL.—An article described in paragraph (2) 

may enter the customs territory of the United States free 

of duty. 

(2) ARTICLES DESCRIBED.— 

(A) IN GENERAL.—An article is described in this paragraph if— 

(i)(I) the article is the growth, product, or manufacture of Nepal; and 

(II) in the case of a textile or apparel article, 

Nepal is the country of origin of the article, as determined under section 102.21 of title 19, Code of Federal 

Regulations (as in effect on the day before the date 

of the enactment of this Act); 

(ii) the article is imported directly from Nepal into 

the customs territory of the United States; 

(iii) the article is classified under any of the following subheadings of the Harmonized Tariff Schedule 

Applicability. 

President. 

Determination. 

19 USC 4454. 

19 USC 4201 

note. 


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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): 

4202.11.00 .......................... 4202.22.60 ......................... 4202.92.08 

4202.12.20 .......................... 4202.22.70 ......................... 4202.92.15 

4202.12.40 .......................... 4202.22.80 ......................... 4202.92.20 

4202.12.60 .......................... 4202.29.50 ......................... 4202.92.30 

4202.12.80 .......................... 4202.29.90 ......................... 4202.92.45 

4202.21.60 .......................... 4202.31.60 ......................... 4202.92.60 

4202.21.90 .......................... 4202.32.40 ......................... 4202.92.90 

4202.22.15 .......................... 4202.32.80 ......................... 4202.99.90 

4202.22.40 .......................... 4202.32.95 ......................... 4203.29.50 

4202.22.45 .......................... 4202.91.00 

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

5701.10.90 .......................... 5702.91.30 ......................... 5703.10.80 

5702.31.20 .......................... 5702.91.40 ......................... 5703.90.00 

5702.49.20 .......................... 5702.92.90 ......................... 5705.00.20 

5702.50.40 .......................... 5702.99.15 

5702.50.59 .......................... 5703.10.20 

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

6117.10.60 .......................... 6214.20.00 ......................... 6217.10.85 

6117.80.85 .......................... 6214.40.00 ......................... 6301.90.00 

6214.10.10 .......................... 6214.90.00 ......................... 6308.00.00 

6214.10.20 .......................... 6216.00.80 

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

6504.00.90 .......................... 6505.00.30 ......................... 6505.00.90 

6505.00.08 .......................... 6505.00.40 ......................... 6506.99.30 

6505.00.15 .......................... 6505.00.50 ......................... 6506.99.60 

6505.00.20 .......................... 6505.00.60 

6505.00.25 .......................... 6505.00.80 

(iv) the President determines, after receiving the 

advice of the United States International Trade 

Commission in accordance with section 503(e) of the 

Trade Act of 1974 (19 U.S.C. 2463(e)), that the article 

is not import-sensitive in the context of imports from 

Nepal; and 

(v) subject to subparagraph (C), the sum of the 

cost or value of the materials produced in, and the 

direct costs of processing operations performed in, 

Nepal or the customs territory of the United States 

is not less than 35 percent of the appraised value 

of the article at the time it is entered. 

(B) EXCLUSIONS.—An article shall not be treated as 

the growth, product, or manufacture of Nepal for purposes 

of subparagraph (A)(i)(I) by virtue of having merely undergone— 

(i) simple combining or packaging operations; or 

(ii) mere dilution with water or mere dilution with 

another substance that does not materially alter the 

characteristics of the article. 

(C) LIMITATION ON UNITED STATES COST.—For purposes 

of subparagraph (A)(v), the cost or value of materials produced in, and the direct costs of processing operations 

performed in, the customs territory of the United States 

and attributed to the 35-percent requirement under that 

subparagraph may not exceed 15 percent of the appraised 

value of the article at the time it is entered. 

(3) VERIFICATION WITH RESPECT TO TRANSSHIPMENT FOR

TEXTILE AND APPAREL ARTICLES.— 

President. 

Determination. 


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130 STAT. 278 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 

Web posting. 

Deadline. 

President. 

Consultation. 

Determination. 

Deadlines. 


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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. 

SEC. 916. AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION 

MEMBERS TO REDUCE RATES OF DUTY ON CERTAIN 

ENVIRONMENTAL GOODS. 

Section 107 of the Bipartisan Congressional Trade Priorities 

and Accountability Act of 2015 (Public Law 114–26; 19 U.S.C. 

4206) is amended by adding at the end the following: 

‘‘(c) AGREEMENT BY ASIA-PACIFIC ECONOMIC COOPERATION MEMBERS TO REDUCE RATES OF DUTY ON CERTAIN ENVIRONMENTAL

GOODS.—Notwithstanding the notification requirement described 

in section 103(a)(2), the President may exercise the proclamation 

authority provided for in section 103(a)(1)(B) to implement an agreement by members of the Asia-Pacific Economic Cooperation (APEC) 

to reduce any rate of duty on certain environmental goods included 

in Annex C of the APEC Leaders Declaration issued on September 

9, 2012, if (and only if) the President, as soon as feasible after 

the date of the enactment of the Trade Facilitation and Trade 

Enforcement Act of 2015, and before exercising proclamation 

authority under section 103(a)(1)(B), notifies Congress of the negotiations relating to the agreement and the specific United States 

objectives in the negotiations.’’. 

SEC. 917. AMENDMENT TO TARIFF ACT OF 1930 TO REQUIRE COUNTRY 

OF ORIGIN MARKING OF CERTAIN CASTINGS. 

(a) IN GENERAL.—Section 304(e) of the Tariff Act of 1930 (19 

U.S.C. 1304(e)) is amended— 

(1) in the subsection heading, by striking ‘‘MANHOLE RINGS

OR FRAMES, COVERS, AND ASSEMBLIES THEREOF’’ and inserting 

‘‘CASTINGS’’; 

(2) by inserting ‘‘inlet frames, tree and trench grates, 

lampposts, lamppost bases, cast utility poles, bollards, 

hydrants, utility boxes,’’ before ‘‘manhole rings,’’; and 

(3) by adding at the end before the period the following: 

‘‘in a location such that it will remain visible after installation’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) take effect on the date of the enactment of this Act and apply 

with respect to the importation of castings described in such amendments on or after the date that is 180 days after such date of 

enactment. 

Applicability. 

Time period. 

19 USC 1304 

note. 

President. 

Notification. 

Negotiations. 

President. 

Review. 


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130 STAT. 280 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. 

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). 

Notification. 

Deadline. 

President. 


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PUBLIC LAW 114–125—FEB. 24, 2016 130 STAT. 281 

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 

(b) RATE FOR MERCHANDISE PROCESSING FEES.—Section 503 

of the United States–Korea Free Trade Agreement Implementation 

Act (Public Law 112–41; 19 U.S.C. 3805 note) is amended— 

(1) by striking ‘‘June 30, 2025’’ and inserting ‘‘September 

30, 2025’’; and 

(2) by striking subsection (c). 

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

TAX. 

(a) IN GENERAL.—Section 6651(a) of the Internal Revenue Code 

of 1986 is amended by striking ‘‘$135’’ in the last sentence and 

inserting ‘‘$205’’. 

(b) CONFORMING AMENDMENT.—Section 6651(i) of such Code 

is amended by striking ‘‘$135’’ and inserting ‘‘$205’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to returns required to be filed in calendar years after 

2015. 

SEC. 922. PERMANENT MORATORIUM ON INTERNET ACCESS TAXES 

AND ON MULTIPLE AND DISCRIMINATORY TAXES ON ELECTRONIC COMMERCE. 

(a) PERMANENT MORATORIUM.—Section 1101(a) of the Internet 

Tax Freedom Act (47 U.S.C. 151 note) is amended by striking 

‘‘during the period beginning November 1, 2003, and ending October 

1, 2015’’. 

(b) TEMPORARY EXTENSION.—Section 1104(a)(2)(A) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking 

‘‘October 1, 2015’’ and inserting ‘‘June 30, 2020’’. 

Approved February 24, 2016. 

26 USC 6651 

note. 

26 USC 6651. 


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