H. R. 644—71 
‘‘(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 sub-
section (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 sub-
section (g) and any actions taken by foreign countries under 
such plans.’’. 
(2) FUNDING.— 
(A) IN GENERAL.—Amounts from the Trade Enforce-
ment 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 para-
graph, 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 Enforce-
ment Trust Fund (in this section referred to as the ‘‘Trust Fund’’), 
consisting of amounts transferred to the Trust Fund under sub-
section (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
H. R. 644—72 
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 estab-
lished 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 commit-
ments 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, commit-
ments, 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 commit-
ments and obligations related to trade in goods, trade in 
services, trade in agriculture, foreign investment, intellec-
tual property, digital trade in goods and services and cross- 
border data flows, regulatory practices, state-owned and
H. R. 644—73 
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 agree-
ment 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 enforce-
ment; 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 effec-
tively 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 organiza-
tion 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.
H. R. 644—74 
TITLE 
VII—ENGAGEMENT 
ON 
CUR-
RENCY EXCHANGE RATE AND ECO-
NOMIC 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 para-
graph (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 pre-
ceding 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 interven-
tion 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.
H. R. 644—75 
(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 sub-
mitted 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 deter-
mines 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 secu-
rity 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 Corpora-
tion 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
H. R. 644—76 
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 rig-
orous surveillance of the macroeconomic and exchange rate 
policies of that country and, as appropriate, formal con-
sultations 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 partici-
pate 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 sub-
section (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 secu-
rity 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 Presi-
dent shall consult with the Director of the Office of Manage-
ment 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 Com-
mittee 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,
H. R. 644—77 
dependent territories, or possessions of countries into a customs 
union outside the United States. 
(3) REAL EFFECTIVE EXCHANGE RATE.—The term ‘‘real effec-
tive 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 Com-
mittee 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.—
H. R. 644—78 
(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 participa-
tion, 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 finan-
cial policy; or 
(B) is likely to— 
(i) lead to significant financial speculation in cur-
rencies, 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 Protec-
tion Authorization Act’’. 
SEC. 802. ESTABLISHMENT OF U.S. CUSTOMS AND BORDER PROTEC-
TION. 
(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 PROTEC-
TION; 
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.
H. R. 644—79 
‘‘(b) COMMISSIONER OF U.S. CUSTOMS AND BORDER PROTEC-
TION.— 
‘‘(1) IN GENERAL.—There shall be at the head of U.S. Cus-
toms 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 rule-
making power of the Senate, any nomination for the Commis-
sioner 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 smug-
glers 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 per-
sons 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 unlaw-
fully 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 agricul-
tural import and entry inspection referred to in section 421; 
‘‘(12) in coordination with the Under Secretary for Manage-
ment of the Department, ensure U.S. Customs and Border 
Protection complies with Federal law, the Federal Acquisition 
Regulation, and the Department’s acquisition management
H. R. 644—80 
directives for major acquisition programs of U.S. Customs and 
Border Protection; 
‘‘(13) ensure that the policies and regulations of U.S. Cus-
toms 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 Ter-
rorism 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 Commis-
sioner 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. Cus-
toms 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 Assist-
ant 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
H. R. 644—81 
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 inter-
national, Federal, State, and local law enforcement agen-
cies, 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 aware-
ness 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 deter-
mined 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 coordi-
nate 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 safe-
guard the United States from terrorism and illegal entry 
of persons; 
‘‘(C) prevent illicit drugs, agricultural pests, and contra-
band 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 estab-
lished under paragraph (4); 
‘‘(F) coordinate with the Executive Assistant Commis-
sioner for the Office of Trade with respect to the trade
H. R. 644—82 
facilitation and trade enforcement activities of U.S. Cus-
toms 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 oper-
ations 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 assess-
ment 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 Com-
mittee on Homeland Security and the Committee on Ways 
and Means of the House of Representatives and the Com-
mittee 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 Com-
mittee on Finance of the Senate of the reasoning for such. 
‘‘(h) OFFICE OF INTELLIGENCE.—
H. R. 644—83 
‘‘(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 intel-
ligence 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 Intel-
ligence Officer of the Department, as appropriate, intel-
ligence-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 Commis-
sioner, 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 secu-
rity, 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 inter-
national 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
H. R. 644—84 
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 mis-
conduct 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 proce-
dures 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, communica-
tion, 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;
H. R. 644—85 
‘‘(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 Protec-
tion 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 informa-
tion on reporting concerns about such search; and 
‘‘(B) in the case of information collected by U.S. Cus-
toms and Border Protection through a search of an elec-
tronic 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 discre-
tion 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 cal-
endar 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 Home-
land 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
H. R. 644—86 
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 Com-
mittee 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 Commis-
sioner shall submit to the Committee on Homeland Security 
of the House of Representatives and the Committee on Home-
land 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 Commis-
sioner 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 enforce-
ment 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
H. R. 644—87 
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 obliga-
tions. 
‘‘(B) FORM.—The information referred to in subpara-
graph (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. Cus-
toms 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, repatri-
ations 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 Rep-
resentatives 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 transpor-
tation and detention of such individuals. 
‘‘(6) REPORT
ON
INSPECTIONS
OF
SHORT-TERM
CUSTODY 
FACILITIES.—The Commissioner shall— 
‘‘(A) annually inspect all facilities utilized for short- 
term detention; and 
‘‘(B) make publicly available information collected 
pursuant to such inspections, including information 
regarding the requirements under paragraphs (1) and (2) 
and, where appropriate, issue recommendations to improve 
the conditions of such facilities. 
‘‘(n) WAIT TIMES TRANSPARENCY.— 
‘‘(1) IN GENERAL.—The Commissioner shall— 
‘‘(A) publish live wait times for travelers entering the 
United States at the 20 United States airports that support 
the highest volume of international travel (as determined 
by available Federal flight data); 
‘‘(B) make information about such wait times available 
to the public in real time through the U.S. Customs and 
Border Protection website; 
‘‘(C) submit to the Committee on Homeland Security 
and the Committee on Ways and Means of the House 
of Representatives and the Committee on Homeland Secu-
rity 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
H. R. 644—88 
Enforcement Act of 2015, a report that includes compila-
tions 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 para-
graph (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 Com-
mittee 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 oper-
ations’, ‘customs and trade laws of the United States’, ‘trade enforce-
ment’, 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 para-
graph (1), nothing in this title or any amendment made
H. R. 644—89 
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 Home-
land 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, determina-
tion, 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 Commis-
sioner 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 Secu-
rity’’. 
(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.—
H. R. 644—90 
(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. Cus-
toms 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 Enforce-
ment.’’ and inserting ‘‘A Director of U.S. Immigra-
tion 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 Transpor-
tation Security Responsibilities and Func-
tions’’; and 
(II) in section 402 (6 U.S.C. 202)— 
(aa) in the section heading, by striking 
‘‘RESPONSIBILITIES’’ and inserting ‘‘BORDER, 
MARITIME, AND
TRANSPORTATION
RESPON-
SIBILITIES’’; and 
(bb) by striking ‘‘, acting through the 
Under Secretary for Border and Transpor-
tation Security,’’; 
(iii) in subtitle B— 
(I) by striking the subtitle heading and 
inserting ‘‘U.S. Customs and Border Protec-
tion’’; 
(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
H. R. 644—91 
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 ADMINIS-
TRATION AS A DISTINCT ENTITY. 
‘‘Notwithstanding any other provision of this Act, the Transpor-
tation 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 ‘‘Direc-
torate’’ 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 Home-
land Security Act of 2002 (6 U.S.C. 201) is repealed. 
(3) CLERICAL AMENDMENTS.—The table of contents in sec-
tion 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:
H. R. 644—92 
‘‘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 Commis-
sioner, 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 pro-
posed 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 Commis-
sioner 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. Cus-
toms 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
H. R. 644—93 
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 Com-
mittee 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 LIABIL-
ITIES; 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. Cus-
toms and Border Protection shall transfer the assets, func-
tions, 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 Inter-
national 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 Com-
mittee on Homeland Security and the Committee on Ways 
and Means of the House of Representatives and the Com-
mittee 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
H. R. 644—94 
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 facilita-
tion’ 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 sub-
sections (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 Commis-
sioner 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 Com-
mittee on Homeland Security and Governmental Affairs of the 
Senate a report on U.S. Customs and Border Protection’s Busi-
ness Transformation Initiative, including locations where the 
Initiative is deployed, the types of equipment utilized, a descrip-
tion 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 infrastruc-
ture 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;
H. R. 644—95 
(E) enter into lease-purchase agreements with non-
governmental 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 Rep-
resentatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on supervisor- 
approved personal searches conducted in the previous year 
by U.S. Customs and Border Protection personnel. Such report 
shall include the number of personal searches conducted in 
each sector and field office, the number of invasive personal 
searches conducted in each sector and field office, whether 
personal searches were conducted by Office of Field Operations 
or U.S. Border Patrol personnel, and how many personal 
searches resulted in the discovery of contraband. 
(j) TRUSTED TRAVELER PROGRAMS.—The Secretary of Homeland 
Security may not enter into or renew an agreement with the govern-
ment of a foreign country for a trusted traveler program adminis-
tered 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 docu-
ments 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 fol-
lowing: 
(1) A description of education, training, experience, and 
assignments necessary for career progression as an agricultural 
specialist. 
(2) Recruitment and retention goals for agricultural special-
ists, 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 appro-
priate. 
(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
H. R. 644—96 
after passage of competency tests. FLAP incentivizes the 
use of more than two dozen languages and has been instru-
mental 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 func-
tioning of U.S. Customs and Border Protection’s security mis-
sion, making the United States a more welcoming place when 
foreign travelers find officers can communicate in their lan-
guage, 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 Govern-
mental Affairs, the Committee on Finance, the Committee 
on Commerce, Science, and Transportation, and the Com-
mittee on Appropriations of the Senate; and 
(B) the Committee on Homeland Security, the Com-
mittee on Ways and Means, and the Committee on Appro-
priations 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;
H. R. 644—97 
(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 oper-
ations will have on legitimate trade and travel, including poten-
tial impacts on passengers traveling to the United States; 
(3) an assessment of the impacts such preclearance oper-
ations will have on U.S. Customs and Border Protection 
domestic port of entry staffing; 
(4) country-specific information on the anticipated home-
land security benefits associated with establishing such 
preclearance operations; 
(5) information on potential security vulnerabilities associ-
ated with commencing such preclearance operations and mitiga-
tion 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 posi-
tions 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 OPER-
ATIONS 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 commit-
tees 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 oper-
ations under such agreement, and other funding sources consid-
ered; 
(3) a homeland security threat assessment for the country 
in which such preclearance operations are to be established;
H. R. 644—98 
(4) information on potential economic, competitive, and job 
impacts on United States air carriers associated with estab-
lishing such preclearance operations; 
(5) details on information sharing mechanisms to ensure 
that U.S. Customs and Border Protection has current informa-
tion to prevent terrorist and criminal travel; and 
(6) other factors that the Secretary determines to be nec-
essary for Congress to comprehensively assess the appropriate-
ness of commencing such preclearance operations. 
(c) CERTIFICATIONS RELATING TO PRECLEARANCE OPERATIONS 
ESTABLISHED AT AIRPORTS.—Not later than 60 days before an agree-
ment with the government of a foreign country to establish U.S. 
Customs and Border Protection preclearance operations at an air-
port 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 oper-
ates 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 offi-
cers described in subparagraph (A) that have been filled
H. R. 644—99 
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 appro-
priate 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 deter-
mines 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 Adminis-
trator of the Transportation Security Administration deter-
mines 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 accord-
ance with this paragraph, the Administrator shall ensure 
that Transportation Security Administration personnel re-
screen 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 air-
port 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 PROTEC-
TION PRECLEARANCE OPERATIONS COSTS. 
(a) COST
SHARING
AGREEMENTS
WITH
RELEVANT
AIRPORT 
AUTHORITIES.—The Commissioner may enter into a cost sharing
H. R. 644—100 
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 sec-
tion 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 Nation-
ality Act (8 U.S.C. 1356(g)), any cost sharing agreement with 
an airport authority authorized under subsection (a) may pro-
vide 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 pur-
poses 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 Protec-
tion 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
H. R. 644—101 
(B) visits to the airport authority conducted by U.S. 
Customs and Border Protection personnel necessary to pre-
pare 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 perma-
nently 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. Notwith-
standing 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 Protec-
tion, remain available until expended, and be available for the 
purposes for which such appropriation, account, or fund is author-
ized 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 cur-
rently applicable appropriation, account, or fund of U.S. Cus-
toms 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 OPER-
ATIONS. 
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.
H. R. 644—102 
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 eco-
nomic 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 appro-
priate. 
(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 FUNC-
TIONS. 
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—
H. R. 644—103 
(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 arti-
cles that, for commercial purposes, are identical or interchange-
able 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 sub-
section 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 PROP-
ERTY.— 
(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 Har-
monized Tariff Schedule of the United States is amended by 
inserting in numerical sequence the following new heading:
H. R. 644—104 
‘‘ 
9801.00.11 
United States Gov-
ernment property, 
returned to the 
United States with-
out having been ad-
vanced in value or 
improved in condi-
tion by any means 
while abroad, en-
tered by the United 
States Government 
or a contractor to 
the United States 
Government, and 
certified by the im-
porter 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 CON-
TAINED 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 subpara-
graph (vii) (as so added) the following: ‘‘For purposes of subpara-
graph (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 arti-
cles or classes of articles that the Commissioner of U.S. Customs 
and Border Protection designates as instruments of inter-
national 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.
H. R. 644—105 
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 MERCHAN-
DISE.— 
‘‘(A) MANUFACTURERS
AND
PRODUCERS.—Drawback 
shall be allowed under paragraph (1) with respect to an 
article manufactured or produced using imported merchan-
dise or other merchandise classifiable under the same 8- 
digit HTS subheading number as such imported merchan-
dise only if the manufacturer or producer of the article 
received such imported merchandise or such other mer-
chandise, directly or indirectly, from the importer. 
‘‘(B) EXPORTERS AND DESTROYERS.—Drawback shall be 
allowed under paragraph (1) with respect to a manufac-
tured 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 merchan-
dise 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 mate-
rials or formula identifying the merchandise and article 
by the 8-digit HTS subheading number and the quantity 
of the merchandise.
H. R. 644—106 
‘‘(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 merchan-
dise classifiable under the same 8-digit HTS sub-
heading 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 appro-
priate. 
‘‘(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 SPECIFICA-
TIONS.—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 certifi-
cate 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 certifi-
cates 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 expor-
tation— 
‘‘(1) shall establish fully the date and fact of exportation 
and the identity of the exporter; and
H. R. 644—107 
‘‘(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 sub-
section (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 mer-
chandise, 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 trans-
ferred merchandise, regardless of its origin, will 
be treated as the imported merchandise and any 
retained merchandise will be treated as domestic 
merchandise);’’; and 
(E) in the flush text at the end— 
(i) by striking ‘‘the amount of each such duty, 
tax, and fee’’ and all that follows through ‘‘99 percent 
of that duty, tax, or fee’’ and inserting ‘‘an amount 
calculated pursuant to regulations prescribed by the 
Secretary of the Treasury under subsection (l) shall 
be refunded as drawback’’; and 
(ii) by striking the last sentence and inserting 
the following: ‘‘Notwithstanding subparagraph (A), 
drawback shall be allowed under this paragraph with 
respect to wine if the imported wine and the exported 
wine are of the same color and the price variation 
between the imported wine and the exported wine 
does not exceed 50 percent. Transfers of merchandise
H. R. 644—108 
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 inter-
changeable merchandise’’ and inserting ‘‘merchandise classifi-
able 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 pro-
vided 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 merchan-
dise are classifiable under the same 10-digit HTS statistical 
reporting number; and 
‘‘(ii) the article description for that 10-digit HTS statis-
tical 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.—
H. R. 644—109 
‘‘(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 Facili-
tation 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 deter-
mining 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 merchan-
dise; 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 recov-
ered 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
H. R. 644—110 
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 merchan-
dise; and 
‘‘(bb) the amount of duties, taxes, and fees 
that would apply to the substituted merchan-
dise if the substituted merchandise were 
imported; and 
‘‘(II) reduced by the value of materials recov-
ered during destruction as provided in subsection 
(x). 
‘‘(D) EXCEPTIONS.—The calculations set forth in sub-
paragraphs (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.—Sec-
tion 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—
H. R. 644—111 
(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 Protec-
tion’’; 
(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. Cus-
toms 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 Facilita-
tion and Trade Enforcement Act of 2015 shall be filed electroni-
cally.’’. 
(k) DESIGNATION
OF MERCHANDISE
BY SUCCESSOR.—Section 
313(s) of the Tariff Act of 1930 (19 U.S.C. 1313(s)) is amended—
H. R. 644—112 
(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 prede-
cessor 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 mer-
chandise 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 permis-
sible 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 sub-
section (q) that are permissible after that effective date 
and an identification of industries most affected. 
(q) EFFECTIVE DATE.—
H. R. 644—113 
(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 draw-
back 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 begin-
ning 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 PROTEC-
TION 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 Com-
mittee 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.
H. R. 644—114 
(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 con-
ducted pursuant to the agreement could function more effec-
tively 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 subpara-
graph (A) compared with the operating costs of U.S. Cus-
toms and Border Protection at the airport. 
(b) PROGRAM SPECIFIED.—A program specified in this subsection 
is— 
(1) the program for entering into reimbursable fee agree-
ments for the provision of U.S. Customs and Border Protection 
services established by section 560 of the Department of Home-
land 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 Rec-
onciliation 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 subpara-
graph (B) and paragraph (2))’’; and
H. R. 644—115 
(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, specifi-
cally 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 ENHANCE-
MENT. 
(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 invest-
ment 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 Emer-
gency 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 Bah-
rain and Oman that such countries no longer participate 
in the Boycott; and
H. R. 644—116 
(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 rela-
tions to the pursuit and sustainability of peace, and supports 
efforts to bring together the United States, Israel, the Pales-
tinian territories, and others in enhanced commerce; 
(4) opposes politically motivated actions that penalize or 
otherwise limit commercial relations specifically with Israel, 
such as boycotts of, divestment from, or sanctions against Israel; 
(5) notes that boycotts of, divestment from, and sanctions 
against Israel by governments, governmental bodies, quasi- 
governmental bodies, international organizations, and other 
such entities are contrary to principle of nondiscrimination 
under the GATT 1994 (as defined in section 2(1)(B) of the 
Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B))); 
(6) encourages the inclusion of politically motivated actions 
that penalize or otherwise limit commercial relations specifi-
cally with Israel such as boycotts of, divestment from, or sanc-
tions 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 relation-
ship and combat any commercial discrimination against Israel; 
and 
(7) supports efforts to prevent investigations or prosecu-
tions by governments or international organizations of United 
States persons solely on the basis of such persons doing busi-
ness with Israel, with Israeli entities, or in any territory con-
trolled 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.
H. R. 644—117 
(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 moti-
vated 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 com-
merce by foreign countries or international organizations 
against United States persons operating or doing business 
in Israel, with Israeli entities, or in Israeli-controlled terri-
tories. 
(B) A description of specific steps being taken by the 
United States to encourage foreign countries and inter-
national organizations to cease creating such barriers and 
to dismantle measures already in place, and an assessment 
of the effectiveness of such steps. 
(C) A description of specific steps being taken by the 
United States to prevent investigations or prosecutions by 
governments or international organizations of United 
States persons solely on the basis of such persons doing 
business with Israel, with Israeli entities, or in Israeli- 
controlled territories. 
(D) Decisions by foreign persons, including corporate 
entities and state-affiliated financial institutions, that limit 
or prohibit economic relations with Israel or persons doing 
business in Israel or in any territory controlled by Israel. 
(e) CERTAIN FOREIGN JUDGMENTS AGAINST UNITED STATES PER-
SONS.—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 moti-
vated and are intended to penalize or otherwise limit commer-
cial 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.
H. R. 644—118 
(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 nongovern-
mental 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, partner-
ship, 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 govern-
mental entity that is not operating as a business enterprise. 
(7) UNITED STATES PERSON.—The term ‘‘United States per-
son’’ 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 Commis-
sioner shall submit to the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of Representa-
tives 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.
H. R. 644—119 
(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 compli-
ance 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 combina-
tion 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;
H. R. 644—120 
‘‘(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 gar-
ment 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.
H. R. 644—121 
‘‘(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 compo-
nent, to allow volume adjustments around a helmet, or the 
crown of the head, neck or face. 
‘‘(x) The terms ‘adjustable powder skirt’ and ‘inner protec-
tive 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 unre-
stricted, 180-degree range of motion for the arm while wearing 
performance outerwear. 
‘‘(xiii) The term ‘odor control technology’ means the incorpo-
ration into a fabric or garment of materials, including, but 
not limited to, activated carbon, silver, copper or any combina-
tion 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 outer-
wear’.’’. 
(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 per-
formance outer-
wear:
H. R. 644—122 
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 pro-
claimed 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 pro-
claimed 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 sub-
heading 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 perform-
ance outerwear:
H. R. 644—123 
6201.92.05 
Containing 15 per-
cent or more by 
weight of down and 
waterfowl plumage 
and of which down 
comprises 35 per-
cent 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 per-
cent or more by 
weight of down and 
waterfowl plumage 
and of which down 
comprises 35 per-
cent 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 sub-
heading 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 per-
formance outer-
wear:
H. R. 644—124 
6201.93.15 
Containing 15 
percent or more 
by weight of 
down and wa-
terfowl plum-
age and of 
which down 
comprises 35 
percent or more 
by weight; con-
taining 10 per-
cent 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:
H. R. 644—125 
6201.93.50 
Containing 15 
percent or more 
by weight of 
down and wa-
terfowl plum-
age and of 
which down 
comprises 35 
percent or more 
by weight; con-
taining 10 per-
cent 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 sub-
heading 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 per-
formance outerwear:
H. R. 644—126 
6201.99.05 
Containing 70 per-
cent 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 per-
cent 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 pro-
claimed for subheading 6202.91.10 of the Harmonized Tariff
H. R. 644—127 
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 pro-
claimed 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 sub-
heading 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 per-
formance outer-
wear: 
6202.92.03 
Containing 15 
percent or more 
by weight of 
down and water-
fowl plumage and 
of which down 
comprises 35 per-
cent or more by 
weight; con-
taining 10 per-
cent 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:
H. R. 644—128 
6202.92.25 
Containing 15 
percent or more 
by weight of 
down and water-
fowl plumage and 
of which down 
comprises 35 per-
cent or more by 
weight; con-
taining 10 per-
cent 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 sub-
heading 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 per-
formance outer-
wear: 
6202.93.01 
Containing 15 
percent or more 
by weight of 
down and wa-
terfowl plum-
age and of 
which down 
comprises 35 
percent or more 
by weight; con-
taining 10 per-
cent 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%
H. R. 644—129 
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 wa-
terfowl plum-
age and of 
which down 
comprises 35 
percent or more 
by weight; con-
taining 10 per-
cent 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%
H. R. 644—130 
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 sub-
heading 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 per-
formance outer-
wear: 
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:
H. R. 644—131 
6203.41.01 
Trousers, 
breeches, 
containing 
elastomeric 
fiber, 
water re-
sistant, 
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 wor-
sted wool 
fabric, 
made of 
wool 
yarn 
having 
an aver-
age 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 over-
alls ...............
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:
H. R. 644—132 
6203.41.25 
Trousers 
and 
breeches, 
containing 
elastomeric 
fiber, 
water re-
sistant, 
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 wor-
sted wool 
fabric, 
made of 
wool 
yarn 
having 
an aver-
age 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 over-
alls ...............
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 pro-
claimed 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
H. R. 644—133 
of such Schedule, as added by subparagraph (A), on and after 
such effective date. 
(C) The staged reductions in the special rate of duty pro-
claimed 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 pro-
claimed 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 pro-
claimed 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 perform-
ance outerwear: 
6203.42.03 
Containing 15 per-
cent or more by 
weight of down and 
waterfowl plumage 
and of which down 
comprises 35 per-
cent 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 per-
cent or more by 
weight of down and 
waterfowl plumage 
and of which down 
comprises 35 per-
cent or more by 
weight; containing 
10 percent or more 
by weight of down ..
Free 
60% 
Other:
H. R. 644—134 
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 pro-
claimed 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 per-
formance outerwear: 
6203.43.01 
Containing 15 per-
cent or more by 
weight of down 
and waterfowl 
plumage and of 
which down com-
prises 35 percent 
or more by weight; 
containing 10 per-
cent or more by 
weight of down ....
Free 
60% 
Other: 
Bib and brace 
overalls: ............
6203.43.03 
Water resist-
ant .................
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 per-
cent 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:
H. R. 644—135 
6203.43.11 
Water re-
sistant trou-
sers 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 per-
cent or more by 
weight of down 
and waterfowl 
plumage and of 
which down com-
prises 35 percent 
or more by weight; 
containing 10 per-
cent or more by 
weight of down ....
Free 
60% 
Other: 
Bib and brace 
overalls: ............
6203.43.55 
Water resist-
ant .................
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:
H. R. 644—136 
6203.43.75 
Water re-
sistant 
trousers 
or breech-
es ............
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 pro-
claimed 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 pro-
claimed 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 per-
formance outer-
wear: 
Of artificial fi-
bers: 
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%
H. R. 644—137 
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 fi-
bers: 
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 pro-
claimed 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 perform-
ance outerwear:
H. R. 644—138 
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 pro-
claimed 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 pro-
claimed 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 perform-
ance outerwear:
H. R. 644—139 
6204.62.03 
Containing 15 per-
cent or more by 
weight of down and 
waterfowl plumage 
and of which down 
comprises 35 per-
cent 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 per-
cent or more by 
weight of down and 
waterfowl plumage 
and of which down 
comprises 35 per-
cent 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 hand- 
loomed and 
folklore prod-
ucts ...................
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 pro-
claimed 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
H. R. 644—140 
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 perform-
ance outerwear: 
6204.63.01 
Containing 15 per-
cent or more by 
weight of down and 
waterfowl plumage 
and of which down 
comprises 35 per-
cent 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 ani-
mal 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 resist-
ant 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:
H. R. 644—141 
6204.63.50 
Containing 15 per-
cent or more by 
weight of down and 
waterfowl plumage 
and of which down 
comprises 35 per-
cent 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 hand- 
loomed and folk-
lore 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 ani-
mal 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 resist-
ant 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 pro-
claimed 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
H. R. 644—144 
6210.40.15 
Having an outer 
surface impreg-
nated, coated, 
covered or lami-
nated with rubber 
or plastics mate-
rial which com-
pletely 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 impreg-
nated, coated, 
covered or lami-
nated with rubber 
or plastics mate-
rial which com-
pletely 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 fi-
bers: 
6210.40.35 
Having an outer 
surface impreg-
nated, coated, 
covered or lami-
nated with rubber 
or plastics mate-
rial which com-
pletely 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%
H. R. 644—145 
Other: 
6210.40.75 
Having an outer 
surface impreg-
nated, coated, 
covered or lami-
nated with rubber 
or plastics mate-
rial which com-
pletely 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 perform-
ance outerwear: 
Of man-made fi-
bers: 
6210.50.03 
Having an outer 
surface impreg-
nated, coated, 
covered or lami-
nated with rubber 
or plastics mate-
rial which com-
pletely 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:
H. R. 644—146 
6210.50.12 
Having an outer 
surface impreg-
nated, coated, 
covered or lami-
nated with rubber 
or plastics mate-
rial which com-
pletely 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 fi-
bers: 
6210.50.35 
Having an outer 
surface impreg-
nated, coated, 
covered or lami-
nated with rubber 
or plastics mate-
rial which com-
pletely 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 impreg-
nated, coated, 
covered or lami-
nated with rubber 
or plastics mate-
rial which com-
pletely 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%
H. R. 644—147 
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 per-
formance 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 per-
formance 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 pro-
claimed 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):
H. R. 644—148 
‘‘ 
Recreational perform-
ance outerwear: 
6211.39.03 
Of wool or fine ani-
mal 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 per-
cent 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 ani-
mal 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 per-
cent 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 pro-
claimed 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:
H. R. 644—149 
6211.42.05 
Recreational per-
formance 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 per-
formance 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 pro-
claimed 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 perform-
ance outerwear: 
6211.49.03 
Containing 70 per-
cent 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%
H. R. 644—150 
6211.49.15 
Of wool or fine ani-
mal 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 per-
cent 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 ani-
mal 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 pro-
claimed 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 pro-
claimed 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.
H. R. 644—151 
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
H. R. 644—152 
of the enactment of this Act that contains sufficient 
information to enable U.S. Customs and Border Protec-
tion— 
(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 Nation-
ality 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
H. R. 644—153 
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 pro-
grams; and 
‘‘(D) to address illegal, unreported, and unregulated 
fishing.’’. 
(d) ACCREDITATION.—Section 104 of the Bipartisan Congres-
sional 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 clear-
ances 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 sub-
mits 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 documenta-
tion providing credible evidence of each such con-
crete action, including copies of relevant laws or 
regulations adopted or modified, and any enforce-
ment actions taken, by that country, where appro-
priate; and 
‘‘(III) be made available to the public. 
‘‘(C) SPECIAL RULE FOR CHANGES IN CERTAIN DETER-
MINATIONS.—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
H. R. 644—154 
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 sub-
mitted in calendar year 2015, not later than 90 days 
after the date of the enactment of the Trade Facilita-
tion 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 determina-
tions 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 Vic-
tims 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 Com-
mittee 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 Protec-
tion 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
H. R. 644—155 
(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 provi-
sion 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
PREF-
ERENTIAL
TREATMENT; MANDATORY
GRADUATION.—The provi-
sions 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 para-
graph if— 
(i)(I) the article is the growth, product, or manufac-
ture of Nepal; and 
(II) in the case of a textile or apparel article, 
Nepal is the country of origin of the article, as deter-
mined 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 fol-
lowing subheadings of the Harmonized Tariff Schedule