,,ii #aacth ,,congress #ast ,session ,s4 #ffb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bb1 #bjac ,mr4 ,baucus 7for himself and ,mr4 ,hatch7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to reauthorize trade facilitation and trade enforcement functions and activities1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,,title ,i--,customs organization ,subtitle ,a--,functions other than investigative functions ,sec4 #aja4 ,establishment of ,u4,s4 ,customs and ,border ,protection ,agency2 ,commissioner4 ,sec4 #ajb4 ,officers and employees4 ,sec4 #ajc4 ,separate budget requests for ,u4,s4 ,customs and ,border ,protection ,agency4 ,sec4 #ajd4 ,revolving fund4 ,sec4 #aje4 ,advances in foreign countries4 ,sec4 #ajf4 ,advances for enforcement of customs provisions4 ,sec4 #ajg4 ,certification of reason for advance4 ,sec4 #ajh4 ,payments in foreign countries2 claims for reimbursement4 ,sec4 #aji4 ,customs administration4 ,sec4 #aaj4 ,personnel4 ,sec4 #aaa4 ,authorization of appropriations4 ,subtitle ,b--,investigative functions ,sec4 #aba4 ,establishment of ,u4,s4 ,immigration and ,customs ,enforcement ,agency4 ,sec4 #abb4 ,separate budget requests for ,u4,s4 ,immigration and ,customs ,enforcement ,agency4 ,sec4 #abc4 ,undercover investigative operations4 ,sec4 #abd4 ,authorization of appropriations4 ,subtitle ,c--,joint strategic plan on trade facilitation and trade enforcement ,sec4 #aca4 ,joint strategic plan on trade facilitation and trade enforcement4 ,,title ,,ii--,trade facilitation1 trade enforcement1 and transparency ,subtitle ,a--,trade facilitation and transparency ,sec4 #bja4 ,improving partnership programs4 ,sec4 #bjb4 ,trade facilitation partnership program4 ,sec4 #bjc4 ,centers of ,excellence and ,expertise4 ,sec4 #bjd4 ,mutual recognition agreements4 ,sec4 #bje4 ,customs ,operations ,advisory ,committee4 ,sec4 #bjf4 ,automated ,commercial ,environment computer system4 ,sec4 #bjg4 ,international ,trade ,data ,system4 ,sec4 #bjh4 ,electronic submission of public comments4 ,subtitle ,b--,trade enforcement ,chapter #a--;,commercial targeting ,sec4 #baa4 ,commercial ,targeting ,division and ,national ,targeting and ,analysis ,groups4 ,sec4 #bab4 ,annual illegal drug control law enforcement strategy4 ,sec4 #bac4 ,report on oversight of revenue protection and enforcement measures by the inspector general4 ,sec4 #bad4 ,report on security and revenue measures with respect to merchandise transported in bond4 ,sec4 #bae4 ,importer of record program4 ,chapter #b--;,import health and safety ,sec4 #bba4 ,interagency ,import ,safety ,working ,group4 ,sec4 #bbb4 ,joint import safety rapid response plan4 ,sec4 #bbc4 ,training4 ,chapter #c--;,import-,related protection of intellectual property rights ,,subchapter ,a--,national ,intellectual ,property ,rights ,coordination ,center ,sec4 #bca4 ,national ,intellectual ,property ,rights ,coordination ,center4 ,,subchapter ,b--,amendments to the ,tariff ,act of #aicj ,sec4 #bda4 ,provision to rights owners of information about and samples of merchandise suspected of infringing trademarks or copyrights4 ,sec4 #bdb4 ,enforcement by the ,u4,s4 ,customs and ,border ,protection ,agency of works for which a copyright registration is pending4 ,sec4 #bdc4 ,seizure of circumvention devices4 ,,subchapter ,c--,other matters ,sec4 #bea4 ,definition of intellectual property rights4 ,sec4 #beb4 ,joint strategic plan for the enforcement of intellectual property rights4 ,sec4 #bec4 ,personnel dedicated to the enforcement of intellectual property rights4 ,sec4 #bed4 ,training with respect to the enforcement of intellectual property rights4 ,sec4 #bee4 ,information for travelers regarding violations of intellectual property rights4 ,sec4 #bef4 ,international cooperation and information sharing4 ,sec4 #beg4 ,sense of ,congress regarding recordation process4 ,sec4 #beh4 ,report on intellectual property rights enforcement4 ,chapter #d--;,coordination of trade enforcement priorities ,sec4 #bfa4 ,establishment of priority trade enforcement coordination centers4 ,,title ,,iii--,evasion of antidumping and countervailing duty orders ,sec4 #cja4 ,short title4 ,sec4 #cjb4 ,procedures for investigating claims of evasion of antidumping and countervailing duty orders4 ,sec4 #cjc4 ,annual report on prevention and investigation of evasion of antidumping and countervailing duty orders4 ,,title ,,iv--,miscellaneous provisions ,sec4 #dja4 ,consultation on trade and customs revenue functions4 ,sec4 #djb4 ,drawback simplification4 ,sec4 #djc4 ,penalties for customs brokers4 ,sec4 #djd4 ,amendments to chapter #ih of the ,harmonized ,tariff ,schedule of the ,united ,states4 ,sec4 #dje4 ,charter flights4 ,sec4 #djf4 ,pilot program to designate additional #bd-;hour commercial ports of entry4 ,sec4 #djg4 ,elimination of consumptive demand exception to prohibition on importation of goods made with convict labor1 forced labor1 or indentured labor2 report4 ,sec4 #djh4 ,honey transshipment4 ,sec4 #dji4 ,contraband archaeological or ethnological materials4 ,sec4 #daj4 ,de minimis value and entry under regulations4 ,sec4 #daa4 ,repeal of authority of ,u4,s4 ,customs and ,border ,protection ,agency to enter into certain reimbursable fee agreements4 #b4 ,definitions ,in this ,act3 7#a7 ,commercial operations ,the term commercial operations1 with respect to the ,u4,s4 ,customs and ,border ,protection ,agency1 means the operations described in section #a7;c77#b7 of the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjga71 as amended by section #aja of this ,act4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection 7as established under section #a of the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjga71 as amended by section #aja of this ,act74 7#c7 ,customs ,operations ,advisory ,committee ,the term ,customs ,operations ,advisory ,committee means the ,advisory ,committee established under section #bje of this ,act or any successor committee4 7#d7 ,customs and trade laws of the ,united ,states ,the term customs and trade laws of the ,united ,states includes the following3 7,a7 ,the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #abjb et seq474 7,b7 ,section #bdi of the ,revised ,statutes 7#ai ,u4,s4,c4 #c74 7,c7 ,section #b of the ,act of ,march #d1 #aibc 7#db ,stat4 #adec1 chapter #bea2 #ai ,u4,s4,c4 #f74 7,d7 ,the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjga et seq474 7,e7 ,section #acjca of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c74 7,f7 ,section #bea of the ,revised ,statutes 7#ai ,u4,s4,c4 #ff74 7,g7 ,section #a of the ,act of ,june #bf1 #aicj 7#df ,stat4 #hag1 chapter #fag2 #ai ,u4,s4,c4 #fh74 7,h7 ,the ,foreign ,trade ,zones ,act 7#ai ,u4,s4,c4 #ha;a et seq474 7,i7 ,section #a of the ,act of ,march #b1 #aiaa 7#cf ,stat4 #ife1 chapter #aia2 #ai ,u4,s4,c4 #aih74 7,j7 ,the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bajb et seq474 7,k7 ,the ,trade ,agreements ,act of #aigi 7#ai ,u4,s4,c4 #beja et seq474 7,l7 ,the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #ccja et seq474 7,m7 ,the ,uruguay ,round ,agreements ,act 7#ai ,u4,s4,c4 #ceja et seq474 7,n7 ,the ,caribbean ,basin ,economic ,recovery ,act 7#ai ,u4,s4,c4 #bgja et seq474 7,o7 ,the ,andean ,trade ,preference ,act 7#ai ,u4,s4,c4 #cbja et seq474 7,p7 ,the ,african ,growth and ,opportunity ,act 7#ai ,u4,s4,c4 #cgja et seq474 7,q7 ,the ,customs ,enforcement ,act of #aihf 7,public ,law #ii-egj2 #ajj ,stat4 #cbjg-gi74 7,r7 ,the ,customs and ,trade ,act of #aiij 7,public ,law #aja-chb2 #ajd ,stat4 #fbi74 7,s7 ,the ,customs ,procedural ,reform and ,simplification ,act of #aigh 7,public ,law #ie-daj2 #ib ,stat4 #hhh74 7,t7 ,the ,trade ,act of #bjjb 7,public ,law #ajg-baj2 #aaf ,stat4 #icc74 7,u7 ,the ,convention on ,cultural ,property ,implementation ,act 7#ai ,u4,s4,c4 #bfja et seq474 7,v7 ,the ,act of ,march #bh1 #aibh 7#de ,stat4 #cgd1 chapter #bff2 #ai ,u4,s4,c4 #bjgg et seq47 7,w7 ,the ,act of ,august #g1 #aici 7#ec ,stat4 #abfc1 chapter #eff74 7,x7 ,any other provision of law implementing a trade agreement4 7,y7 ,any other provision of law vesting customs revenue functions in the ,secretary of the ,treasury4 7,z7 ,any other provision of law relating to trade facilitation or trade enforcement that is administered by the ,u4,s4 ,customs and ,border ,protection ,agency on behalf of any ,federal agency that is required to participate in the ,international ,trade ,data ,system4 7,,aa7 ,any other provision of customs or trade law administered by the ,u4,s4 ,customs and ,border ,protection ,agency or the ,u4,s4 ,immigration and ,customs ,enforcement ,agency4 7#e7 ,customs revenue function ,the term customs revenue function has the meaning given that term in section #dae of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bae74 7#f7 ,private sector entity ,the term private sector entity means-- 7,a7 an importer2 7,b7 an exporter2 7,c7 a forwarder2 7,d7 an air1 sea1 or land carrier or shipper2 7,e7 a contract logistics provider2 7,f7 a customs broker2 or 7,g7 any other person 7other than an employee of a government7 involved in the importation or exportation of merchandise into or out of the ,united ,states4 7#g7 ,trade enforcement ,the term trade enforcement means the enforcement of the customs and trade laws of the ,united ,states4 7#h7 ,trade facilitation ,the term trade facilitation refers to policies and activities of the ,u4,s4 ,customs and ,border ,protection ,agency with respect to facilitating the movement of merchandise into and out of the ,united ,states in a manner that complies with the customs and trade laws of the ,united ,states4 7#i7 ,trade ,support ,network ,the term ,trade ,support ,network means the network of private sector entities that provide input on the development of modernization projects of the ,u4,s4 ,customs and ,border ,protection ,agency4 ,i ,customs organization ,a ,functions other than investigative functions #aja4 ,establishment of ,u4,s4 ,customs and ,border ,protection ,agency2 ,commissioner 7a7 ,in general ,the first section of the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjga71 is amended to read as follows3 #a4 ,establishment of ,u4,s4 ,customs and ,border ,protection ,agency2 ,commissioner 7a7 ,establishment of ,u4,s4 ,customs and ,border ,protection ,agency ,there is established in the ,department of ,homeland ,security the ,u4,s4 ,customs and ,border ,protection ,agency4 7b7 ,establishment of ,commissioner of ,u4,s4 ,customs and ,border ,protection ,the head of the ,u4,s4 ,customs and ,border ,protection ,agency shall be a ,commissioner of ,u4,s4 ,customs and ,border ,protection 7in this ,act referred to as the ,commissioner71 who shall-- 7#a7 be appointed by the ,president1 by and with the advice and consent of the ,senate2 7#b7 carry out the duties described in subsection 7c72 and 7#c7 report directly to the ,secretary of ,homeland ,security4 7c7 ,duties 7#a7 ,in general ,the duties of the ,commissioner shall include-- 7,a7 coordinating and integrating the security1 trade facilitation1 and trade enforcement functions of the ,u4,s4 ,customs and ,border ,protection ,agency2 7,b7 directing the administration of the commercial operations as described in paragraph 7#b7 and the noncommercial operations of the ,agency2 7,c7 otherwise safeguarding the homeland security interests of the ,united ,states2 7,d7 ensuring that the overall economic security of the ,united ,states is not diminished by efforts1 activities1 and programs aimed at securing the homeland 7as defined in section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja772 and 7,e7 carrying out the duties and powers prescribed by law and such other duties as the ,secretary of ,homeland ,security or the ,secretary of the ,treasury1 as appropriate1 may assign4 7#b7 ,commercial operations ,the commercial operations of the ,u4,s4 ,customs and ,border ,protection ,agency shall include-- 7,a7 administering any customs revenue function 7as defined in section #dae of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bae772 7,b7 coordinating efforts of the ,department of ,homeland ,security with respect to trade facilitation and1 as appropriate1 trade enforcement2 7,c7 coordinating with the ,director of ,u4,s4 ,immigration and ,customs ,enforcement with respect to-- 7i7 investigations relating to trade enforcement2 and 7ii7 the development and implementation of the joint strategic plan on trade facilitation and trade enforcement required under section #abc;,a of the ,customs and ,trade ,act of #aiij2 7,d7 coordinating1 on behalf of the ,department of ,homeland ,security1 efforts among ,federal agencies with respect to trade facilitation and1 as appropriate1 trade enforcement1 including representing the ,department of ,homeland ,security in interagency fora addressing such efforts2 7,e7 coordinating the efforts of the ,u4,s4 ,customs and ,border ,protection ,agency with the efforts of customs authorities of foreign countries to facilitate international trade and enforce customs and trade laws2 7,f7 collecting1 assessing1 and disseminating information as appropriate and in accordance with law1 regarding cargo destined for the ,united ,states1 to enhance trade facilitation and1 as appropriate1 trade enforcement2 and 7,g7 otherwise advising the ,secretary of ,homeland ,security with respect to the development of policies associated with trade facilitation and1 as appropriate1 trade enforcement4 7d7 ,consultations 7#a7 ,resource needs ,in carrying out the duties described in subsection 7c71 the ,commissioner shall consult with the ,committee on ,finance and ,committee on ,appropriations of the ,senate and the ,committee on ,ways and ,means and the ,committee on ,appropriations of the ,house of ,representatives on a regular and timely basis regarding the resource needs of the ,u4,s4 ,customs and ,border ,protection ,agency to safeguard the economic security interests of the ,united ,states at land borders and ports of entry4 7#b7 ,international negotiations ,the ,commissioner shall consult with the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives on a regular and timely basis regarding the status and substance of international negotiations relating to the customs and trade laws of the ,united ,states1 or of foreign countries1 in which personnel of the ,u4,s4 ,customs and ,border ,protection ,agency are participating4 7#c7 ,private sector input ,in carrying out the duties described in subsection 7c71 the ,commissioner shall solicit and consider on a regular basis input from private sector entities1 including the ,customs ,operations ,advisory ,committee1 the ,trade ,support ,network1 and other entities affected by the efforts of the ,federal ,government relating to trade facilitation and trade enforcement1 with respect to-- 7,a7 the implementation of new or amended customs and trade laws2 and 7,b7 the development1 implementation1 or revision of policies or regulations administered by the ,u4,s4 ,customs and ,border ,protection ,agency4 7e7 ,compensation ,the ,commissioner shall be compensated at the rate of pay for level ,,iii of the ,executive ,schedule as provided in section #ecad of title #e1 ,united ,states ,code4 7f7 ,absence or disability of ,commissioner ,the ,deputy ,commissioner for ,trade1 appointed pursuant to section #b1 shall act as ,commissioner during the absence or disability of the ,commissioner or in the event that the position of ,commissioner is vacant4 7g7 ,definitions ,in this ,act1 the terms ,customs ,operations ,advisory ,committee1 customs and trade laws of the ,united ,states1 private sector entity1 trade enforcement1 trade facilitation1 and ,trade ,support ,network have the meanings given those terms in section #b of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac4 4 7b7 ,administrative continuity ,the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjga et seq471 is amended by striking section #c 7#ai ,u4,s4,c4 #bjgc7 and all that follows and inserting the following3 #c4 ,transfer of functions1 assets1 liabilities1 and duties 7a7 ,in general ,section #daa of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #baa7 is repealed1 and the functions and associated personnel1 assets1 and liabilities1 identified under such section #daa on the day before the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac are transferred to the ,u4,s4 ,customs and ,border ,protection ,agency4 7b7 ,continuation in office ,the individual serving as ,commissioner of ,customs in the ,department of ,homeland ,security on the day before the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac may serve as the ,commissioner of the ,u4,s4 ,customs and ,border ,protection ,agency established under section #a until the earlier of-- 7#a7 the date on which that individual is no longer eligible to serve as ,commissioner of ,customs2 or 7#b7 the date on which an individual nominated by the ,president to be the ,commissioner of ,u4,s4 ,customs and ,border ,protection is confirmed by the ,senate4 4 7c7 ,conforming amendments 7#a7 ,title #e ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking ,commissioner of ,customs1 ,department of ,homeland ,security4 and inserting ,commissioner of ,u4,s4 ,customs and ,border ,protection1 ,department of ,homeland ,security44 7#b7 ,table of contents ,the table of contents for the ,homeland ,security ,act of #bjjb is amended by striking the item relating to section #daa and inserting the following3 ,sec4 #daa4 ,reserved4 4 #ajb4 ,officers and employees 7a7 ,in general ,section #b of the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjgb71 is amended to read as follows3 #b4 ,deputy commissioners2 trade advocate2 other officers 7a7 ,establishment of deputy commissioners 7#a7 ,in general ,there shall be in the ,u4,s4 ,customs and ,border ,protection ,agency established under section #a not more than #c and not fewer than #b deputy commissioners1 each of whom shall report directly to the ,commissioner4 7#b7 ,senior ,executive ,service position ,the position of a deputy commissioner established under paragraph 7#a7 shall be a ,senior ,executive ,service position 7as defined in section #cacb7;a7 of title #e1 ,united ,states ,code74 7b7 ,deputy ,commissioner for ,trade 7#a7 ,in general ,one of the deputy commissioners established under subsection 7a77#a7 shall be the ,deputy ,commissioner for ,trade4 7#b7 ,duties ,the duties of the ,deputy ,commissioner for ,trade shall include-- 7,a7 overseeing the commercial operations of the ,u4,s4 ,customs and ,border ,protection ,agency 7as described in section #a7;c77#b772 7,b7 overseeing the ,office of ,trade established under section #d and the ,office of ,international ,affairs established under section #e2 7,c7 overseeing the development and implementation of all policies and regulations administered by the ,agency pursuant to the customs and trade laws of the ,united ,states2 7,d7 coordinating the establishment of standards and policies for developing1 delivering1 and evaluating training programs for personnel of the ,agency with responsibility for trade facilitation and trade enforcement2 7,e7 overseeing the development and implementation of information technology1 research1 and communication functions1 including automation and modernization strategies1 that support the commercial operations of the ,agency1 including the implementation of the ,automated ,commercial ,environment computer system authorized under section #acjca7;f77#e7 of the ,consolidated ,omnibus ,budget and ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7f77#e772 and 7,f7 overseeing the administration of the financial management activities of the ,agency1 including accounting1 budgeting1 procurement1 logistics1 financial systems1 policy1 planning1 and audit oversight4 7#c7 ,qualifications ,an individual appointed to be the ,deputy ,commissioner for ,trade shall have a minimum of #aj years of professional experience in the operation of the customs and trade laws of the ,united ,states1 not less than #c of which shall involve either working with or for the private sector on matters relating to trade facilitation or trade enforcement4 7#d7 ,absence or disability of ,deputy ,commissioner for ,trade ,the ,assistant ,commissioner of the ,office of ,trade1 established under section #d1 shall act as the ,deputy ,commissioner for ,trade during the absence or disability of the ,deputy ,commissioner for ,trade or in the event that the position of ,deputy ,commissioner for ,trade is vacant4 7c7 ,trade advocate 7#a7 ,establishment 7,a7 ,in general ,there shall be in the office of the ,commissioner a ,trade ,advocate1 who shall be appointed by and report directly to the ,commissioner4 7,b7 ,senior ,executive ,service position ,the position of ,trade ,advocate shall be a ,senior ,executive ,service position 7as defined in section #cacb7;a7 of title #e1 ,united ,states ,code74 7#b7 ,duties ,the duties of the ,trade ,advocate shall include-- 7,a7 developing and maintaining strategic communications with private sector entities and the public to enhance trade facilitation and trade enforcement2 7,b7 serving as the primary liaison between the ,u4,s4 ,customs and ,border ,protection ,agency and private sector entities and the public with respect to the ,agency's trade facilitation and trade enforcement functions2 7,c7 consulting with private sector entities1 including the ,customs ,operations ,advisory ,committee and the ,trade ,support ,network1 for their input with respect to-- 7i7 the development1 implementation1 and impact of policies and regulations administered by the ,agency2 7ii7 the development of the joint strategic plan on trade facilitation and trade enforcement required under section #abc;,a of the ,customs and ,trade ,act of #aiij2 7iii7 the assessment of the effectiveness of the trade facilitation and trade enforcement activities of the ,agency2 7iv7 trade modernization activities1 including the development and implementation of the ,automated ,commercial ,environment computer system authorized under section #acjca7;f77#e7 of the ,consolidated ,omnibus ,budget and ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7f77#e77 and support for the establishment of the ,international ,trade ,data ,system under the oversight of the ,department of the ,treasury pursuant to section #daa7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adaa7;d772 7v7 the identification of private sector resources and capabilities that will supplement the trade facilitation and trade enforcement activities of the ,agency2 7,d7 advising the ,commissioner with respect to the consultations described in subparagraph 7,c72 7,e7 promoting existing public-private partnerships and developing new public-private partnerships to enhance the trade facilitation and trade enforcement activities of the ,agency2 and 7,f7 otherwise consulting with private sector entities and the public as directed by the ,commissioner or by law4 7#c7 ,qualifications ,an individual appointed to be the ,trade ,advocate shall have a minimum of #aj years of professional experience working with the customs and trade laws of the ,united ,states1 not less than #c of which shall have been spent working in the private sector4 7#d7 ,elimination of ,office of ,trade ,relations 7,a7 ,transfer ,not later than #cj days after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac1 the ,secretary of ,homeland ,security shall transfer the assets1 functions1 personnel1 and liabilities of the ,office of ,trade ,relations of the ,u4,s4 ,customs and ,border ,protection ,agency to the ,trade ,advocate established under paragraph 7#a74 7,b7 ,elimination ,not later than #cj days after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac1 the ,office of ,trade ,relations shall be abolished4 7,c7 ,limitation on funds ,no funds appropriated to the ,agency or the ,department of ,homeland ,security may be used to transfer the assets1 functions1 personnel1 and liabilities of the ,office of ,trade ,relations to an office or official other than the ,trade ,advocate established under paragraph 7#a74 7d7 ,other officers ,the ,commissioner may appoint such other officers as are necessary to manage the individual offices within the ,u4,s4 ,customs and ,border ,protection ,agency4 ,any appointment of personnel under this subsection shall be subject to the provisions of the civil service laws1 and the salaries shall be fixed in accordance with chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code4 4 7b7 ,trade offices and functions ,the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjga et seq471 is amended by adding at the end the following3 #d4 ,office of ,trade 7a7 ,establishment of ,office of ,trade ,there shall be in the ,u4,s4 ,customs and ,border ,protection ,agency an ,office of ,trade1 which shall be headed by an ,assistant ,commissioner for ,trade4 7b7 ,transfer of assets1 function1 and personnel2 elimination of offices 7#a7 ,office of ,international ,trade 7,a7 ,transfer ,not later than #cj days after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac1 the ,secretary of ,homeland ,security shall transfer the assets1 functions1 personnel1 and liabilities of the ,office of ,international ,trade to the ,office of ,trade established under subsection 7a74 7,b7 ,elimination ,not later than #cj days after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac1 the ,office of ,international ,trade shall be abolished4 7,c7 ,limitation on funds ,no funds appropriated to the ,u4,s4 ,customs and ,border ,protection ,agency or the ,department of ,homeland ,security may be used to transfer the assets1 functions1 personnel1 and liabilities of the ,office of ,international ,trade to an office other than the ,office of ,trade established under subsection 7a74 7,d7 ,office of ,international ,trade defined ,in this paragraph1 the term ,office of ,international ,trade means the ,office of ,international ,trade established under subsection 7d7 of section #b of this ,act1 as added by section #djb of the ,security and ,accountability for ,every ,port ,act of #bjjf 7,public ,law #aji-cdg2 #abj ,stat4 #aibd71 and as in effect on the day before the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac4 7#b7 ,other transfers 7,a7 ,in general ,the ,commissioner is authorized to transfer any other assets1 functions1 or personnel within the ,u4,s4 ,customs and ,border ,protection ,agency to the ,office of ,trade established under subsection 7a74 7,b7 ,congressional notification ,not less than #ij days prior to the transfer of assets1 functions1 or personnel under subparagraph 7,a71 the ,commissioner shall notify the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives of the specific assets1 functions1 or personnel to be transferred1 and the reason for the transfer4 7c7 ,assistant ,commissioner for ,trade 7#a7 ,appointment 7,a7 ,in general ,the ,commissioner shall appoint an ,assistant ,commissioner for ,trade who shall-- 7i7 be the head of the ,office of ,trade2 and 7ii7 report to the ,deputy ,commissioner for ,trade of the ,u4,s4 ,customs and ,border ,protection ,agency4 7,b7 ,senior ,executive ,service position ,the position of ,assistant ,commissioner for ,trade shall be a ,senior ,executive ,service position 7as defined in section #cacb7;a7 of title #e1 ,united ,states ,code74 7#b7 ,qualifications ,an individual appointed to be the ,assistant ,commissioner for ,trade shall have a minimum of #aj years of professional experience in the operation of the customs and trade laws of the ,united ,states1 not less than #c of which shall involve either working with or for the private sector on matters relating to trade facilitation or trade enforcement4 7#c7 ,duties ,the duties of the ,assistant ,commissioner for ,trade shall include-- 7,a7 directing the development and implementation1 pursuant to the customs and trade laws of the ,united ,states1 of policies and regulations administered by the ,u4,s4 ,customs and ,border ,protection ,agency2 7,b7 advising the ,deputy ,commissioner for ,trade with respect to the impact on trade facilitation and trade enforcement of any policy or regulation otherwise proposed or administered by the ,agency2 7,c7 cooperating with the ,assistant ,commissioner for ,field ,operations with respect to the trade facilitation and trade enforcement activities of the ,agency carried out at the land borders and ports of entry of the ,united ,states2 7,d7 directing the development and implementation of matters relating to the priority trade issues identified by the ,commissioner in the joint strategic plan on trade facilitation and trade enforcement required under section #abc;,a of the ,customs and ,trade ,act of #aiij2 7,e7 otherwise advising the ,commissioner with respect to the development and implementation of the joint strategic plan2 7,f7 directing the trade enforcement activities of the ,agency1 including the activities of the ,national ,targeting and ,analysis ,groups established under section #baa of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac2 7,g7 overseeing the trade modernization activities of the ,agency1 including the development and implementation of the ,automated ,commercial ,environment computer system authorized under section #acjca7;f77#e7 of the ,consolidated ,omnibus ,budget and ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7f77#e77 and support for the establishment of the ,international ,trade ,data ,system under the oversight of the ,department of the ,treasury pursuant to section #daa7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adaa7;d772 7,h7 directing the administration of customs revenue functions as otherwise provided by law or delegated by the ,commissioner2 and 7,i7 preparing an annual report to be submitted to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives not later than ,march #a of each calendar year that includes-- 7i7 a summary of the changes to customs policies and regulations adopted by the ,agency during the preceding calendar year2 and 7ii7 a description of the public vetting and interagency consultation that occurred with respect to each such change4 7#d7 ,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 the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac may serve as the ,assistant ,commissioner for ,trade on or after such date of enactment1 at the discretion of the ,commissioner4 #e4 ,office of ,international ,affairs 7a7 ,establishment of ,office of ,international ,affairs ,there shall be in the ,u4,s4 ,customs and ,border ,protection ,agency an ,office of ,international ,affairs1 which shall be headed by an ,assistant ,commissioner for ,international ,affairs4 7b7 ,assistant ,commissioner for ,international ,affairs 7#a7 ,appointment 7,a7 ,in general ,the ,commissioner shall appoint an ,assistant ,commissioner for ,international ,affairs who shall-- 7i7 be the head of the ,office of ,international ,affairs2 and 7ii7 report to the ,deputy ,commissioner for ,trade of the ,u4,s4 ,customs and ,border ,protection ,agency4 7,b7 ,senior ,executive ,service position ,the position of ,assistant ,commissioner for ,international ,affairs shall be a ,senior ,executive ,service position 7as defined in section #cacb7;a7 of title #e1 ,united ,states ,code74 7#b7 ,qualifications ,an individual appointed to be the ,assistant ,commissioner for ,international ,affairs shall have a minimum of #aj years of professional experience in the operation of the customs and trade laws of the ,united ,states1 not less than #c of which shall involve either working with or for the private sector on matters relating to trade facilitation or trade enforcement4 7#c7 ,duties ,the duties of the ,assistant ,commissioner for ,international ,affairs shall include-- 7,a7 coordinating the initiatives1 programs1 and activities of the ,u4,s4 ,customs and ,border ,protection ,agency in foreign countries1 including employees of the ,agency in foreign countries2 7,b7 advising the ,commissioner with respect to matters arising in the ,world ,customs ,organization and1 if appropriate1 the ,world ,trade ,organization and other international organizations2 7,c7 ensuring that the policies and regulations of the ,agency are consistent with the obligations of the ,united ,states pursuant to international agreements2 7,d7 coordinating with other ,federal agencies on international efforts to enhance trade facilitation and trade enforcement by the ,agency2 7,e7 coordinating with the customs authorities of foreign countries with respect to trade facilitation and1 as appropriate1 trade enforcement2 and 7,f7 providing training and capacity building to customs authorities of foreign countries4 7#d7 ,continuation in office ,the individual serving as the ,assistant ,commissioner of the ,office of ,international ,affairs on the day before the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac may serve as the ,assistant ,commissioner for ,international ,affairs on or after such date of enactment1 at the discretion of the ,commissioner4 #f4 ,coordination between the ,assistant ,commissioner for ,trade and the ,assistant ,commissioner for ,field ,operations ,to advance the security1 trade facilitation1 and trade enforcement missions of the ,u4,s4 ,customs and ,border ,protection ,agency1 the ,commissioner shall ensure that the ,assistant ,commissioner for ,trade and the ,assistant ,commissioner for ,field ,operations of the ,agency work together on-- 7#a7 trade facilitation and trade enforcement activities at ,united ,states ports of entry2 7#b7 operational training of personnel within the ,office of ,field ,operations at ,united ,states ports of entry to administer trade facilitation and trade enforcement activities2 7#c7 evaluating the operational effectiveness of the trade facilitation and trade enforcement activities at ,united ,states ports of entry by personnel of the ,office of ,field ,operations2 7#d7 cooperating with the ,trade ,advocate established under section #b7;c7 to ensure that any information received from private sector entities regarding the trade facilitation and trade enforcement activities of the ,agency is considered2 7#e7 ensuring the uniform administration and implementation among ,united ,states ports of entry of new or revised customs and trade laws1 policies1 or regulations related to the trade facilitation and trade enforcement activities of the ,agency2 7#f7 implementing the operational provisions of the joint strategic plan on trade facilitation and trade enforcement required under section #abc;,a of the ,customs and ,trade ,act of #aiij related to the trade facilitation and trade enforcement activities of the ,agency at ,united ,states ports of entry2 7#g7 in cooperation with the ,office of ,international ,affairs established under section #e1 ensuring that trade facilitation and trade enforcement activities comply with obligations of the ,united ,states pursuant to international agreements2 7#h7 ensuring the prompt collection of available data regarding cargo that violates the customs and trade laws of the ,united ,states1 and the prompt issuance of ,trade ,alerts pursuant to section #baa of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac2 and 7#i7 otherwise overseeing the trade facilitation and trade enforcement activities of personnel within the ,office of ,field ,operations at ,united ,states ports of entry4 #g4 ,establishment of ,trade ,facilitation and ,trade ,enforcement ,division in ,office of ,field ,operations2 ,division personnel 7a7 ,establishment ,there is established in the ,office of ,field ,operations of the ,u4,s4 ,customs and ,border ,protection ,agency a ,trade ,facilitation and ,trade ,enforcement ,division4 7b7 ,division personnel 7#a7 ,headquarters personnel ,the ,commissioner shall assign sufficient personnel to operate the ,trade ,facilitation and ,trade ,enforcement ,division in the ,office of ,field ,operations established under subsection 7a74 7#b7 ,commercial enforcement officers 7,a7 ,in general ,not later than #ahj days after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac1 the ,commissioner shall designate and dedicate within the ,office of ,field ,operations not fewer than #dj commercial enforcement officers4 7,b7 ,assignment ,the ,commissioner shall assign the commercial enforcement officers authorized under this subsection among the #dj ,united ,states ports of entry that experienced the highest volume of trade during fiscal year #bjac4 7,c7 ,duties ,the duties of a commercial enforcement officer shall be-- 7i7 to supervise all trade enforcement activities of personnel of the ,office of ,field ,operations at the port of entry to which the commercial enforcement officer has been assigned2 7ii7 to coordinate with the ,office of ,trade all trade enforcement activities at that port of entry2 7iii7 to direct the training of personnel at that port of entry to effectuate the trade enforcement activities of the ,office of ,field ,operations2 and 7iv7 to otherwise conduct trade enforcement activities at that port of entry4 #h4 ,customs ,facilitation and ,enforcement ,interagency ,committee 7a7 ,establishment ,the ,commissioner shall establish a ,customs ,facilitation and ,enforcement ,interagency ,committee 7in this section referred to as the ,committee7 to improve coordination and collaboration among ,federal agencies with respect to trade facilitation and trade enforcement4 7b7 ,functions ,the functions of the ,committee shall include-- 7#a7 advising the ,commissioner with respect to policies or regulations of the ,u4,s4 ,customs and ,border ,protection ,agency that may significantly affect-- 7,a7 the trade facilitation and trade enforcement missions of the ,agency2 or 7,b7 the international trade policy1 trade commitments1 or trade competitiveness of the ,united ,states2 7#b7 consulting with the ,commissioner with respect to the development and implementation of policies of agencies that are represented on the ,committee that significantly affect the trade facilitation and trade enforcement missions of the ,agency2 7#c7 reviewing recommendations of and addressing concerns identified by the ,customs ,facilitation and ,enforcement ,review ,group established under subsection 7d72 and 7#d7 such other functions as are agreed on by the ,commissioner and the members of the ,committee4 7c7 ,membership ,the members of the ,committee shall be the following3 7#a7 ,the ,commissioner4 7#b7 ,the ,deputy ,commissioner for ,trade of the ,u4,s4 ,customs and ,border ,protection ,agency4 7#c7 ,the ,assistant ,secretary for ,tax ,policy of the ,department of the ,treasury4 7#d7 ,the ,administrator of the ,animal and ,plant ,health ,inspection ,service of the ,department of ,agriculture4 7#e7 ,the ,director of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives of the ,department of ,justice4 7#f7 ,the ,chairman of the ,consumer ,product ,safety ,commission4 7#g7 ,the ,administrator of the ,environmental ,protection ,agency4 7#h7 ,the ,commissioner of ,food and ,drugs of the ,department of ,health and ,human ,services4 7#i7 ,the ,administrator of the ,food ,safety and ,inspection ,service of the ,department of ,agriculture4 7#aj7 ,the ,director of ,u4,s4 ,immigration and ,customs ,enforcement of the ,department of ,homeland ,security4 7#aa7 ,the ,administrator of the ,national ,highway ,traffic ,safety ,administration of the ,department of ,transportation4 7#ab7 ,the ,assistant ,administrator for ,fisheries of the ,national ,oceanic and ,atmospheric ,administration of the ,department of ,commerce4 7#ac7 ,the ,under ,secretary for ,international ,trade of the ,department of ,commerce4 7#ad7 ,a ,deputy ,united ,states ,trade ,representative4 7#ae7 ,senior officials of such other ,federal agencies as the ,commissioner determines appropriate4 7d7 ,customs ,facilitation and ,enforcement ,review ,group 7#a7 ,establishment ,the ,committee shall establish a ,customs ,facilitation and ,enforcement ,review ,group 7in this subsection referred to as the ,review ,group7 as a subordinate body of the ,committee4 7#b7 ,membership ,the members of the ,review ,group shall be-- 7,a7 the ,deputy ,commissioner for ,trade of the ,u4,s4 ,customs and ,border ,protection ,agency or another senior official of the ,agency designated by the ,commissioner1 who shall serve as chairperson of the ,review ,group2 and 7,b7 a senior official of each agency represented on the ,committee4 7#c7 ,meetings ,the ,deputy ,commissioner for ,trade shall convene the ,review ,group as needed to carry out the functions of the ,review ,group under paragraph 7#d7 and any other duties assigned to the ,review ,group by the ,committee4 7#d7 ,functions ,the functions of the ,review ,group shall include-- 7,a7 reviewing1 and advising the ,committee with respect to1 proposed policies1 procedures1 regulations1 and activities of the ,u4,s4 ,customs and ,border ,protection ,agency that may significantly affect-- 7i7 the trade facilitation and trade enforcement missions of the ,agency2 or 7ii7 the international trade policy1 trade commitments1 or trade competitiveness of the ,united ,states2 7,b7 advising the ,committee with respect to the development and implementation of policies1 procedures1 regulations1 and activities of agencies represented on the ,committee that significantly affect the trade facilitation and trade enforcement missions of the ,agency2 and 7,c7 such other functions as the ,committee may direct4 4 7c7 ,conforming amendment ,section #ecae of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,deputy ,commissioners of ,u4,s4 ,customs and ,border ,protection1 ,department of ,homeland ,security 7#c744 7d7 ,conforming repeal ,section #fej of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afej7 is repealed4 #ajc4 ,separate budget requests for ,u4,s4 ,customs and ,border ,protection ,agency 7a7 ,in general ,the ,president shall include in each budget transmitted to ,congress under section #aaje of title #ca1 ,united ,states ,code1 two separate budget requests for the ,u4,s4 ,customs and ,border ,protection ,agency-- 7#a7 one for the commercial operations of the ,agency2 and 7#b7 one for the noncommercial operations of the ,agency4 7b7 ,repeal 7#a7 ,in general ,section #dad of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bad7 is repealed4 7#b7 ,conforming amendment ,the table of contents for the ,homeland ,security ,act of #bjjb is amended by striking the item relating to section #dad and inserting the following3 ,sec4 #dad4 ,reserved4 4 #ajd4 ,revolving fund ,the matter under the heading revolving fund1 bureau of customs in the ,treasury and ,post ,office ,departments ,appropriation ,act1 #aiej 7#fc ,stat4 #cfj1 chapter #bhf2 #ai ,u4,s4,c4 #bjgd71 is amended by striking ,united ,states ,customs ,service and inserting ,u4,s4 ,customs and ,border ,protection ,agency4 #aje4 ,advances in foreign countries ,the matter under the heading ,bureau of ,customs in the ,treasury ,department ,appropriation ,act #aidj 7#ec ,stat4 #ffj1 chapter #aae2 #ai ,u4,s4,c4 #bjgf7 is amended in the last proviso by striking ,bureau of ,customs and inserting ,u4,s4 ,customs and ,border ,protection ,agency or the ,u4,s4 ,immigration and ,customs ,enforcement ,agency4 #ajf4 ,advances for enforcement of customs provisions ,section #b of the ,act of ,march #bh1 #aibh 7#de ,stat4 #cgd1 chapter #bff2 #ai ,u4,s4,c4 #bjgg71 is amended to read as follows3 #b4 ,advances for enforcement of customs provisions ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 with the approval of the ,secretary of ,homeland ,security and the ,secretary of the ,treasury1 are each authorized to direct the advance of funds by the ,fiscal ,service of the ,department of the ,treasury in connection with the enforcement of the customs and trade laws of the ,united ,states 7as defined in section #b of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac74 4 #ajg4 ,certification of reason for advance ,section #c of the ,act of ,march #bh1 #aibh 7#de ,stat4 #cgd1 chapter #bff2 #ai ,u4,s4,c4 #bjgh71 is amended by striking ,commissioner of ,customs and inserting ,commissioner of ,u4,s4 ,customs and ,border ,protection or the ,director of ,u4,s4 ,immigration and ,customs ,enforcement4 #ajh4 ,payments in foreign countries2 claims for reimbursement ,section #d of the ,act of ,march #bh1 #aibh 7#de ,stat4 #cgd1 chapter #bff2 #ai ,u4,s4,c4 #bjgi71 is amended to read as follows3 #d4 ,payments in foreign countries2 claims for reimbursement ,the provisions of this ,act shall not affect payments made for the ,u4,s4 ,customs and ,border ,protection ,agency or the ,u4,s4 ,immigration and ,customs ,enforcement ,agency in foreign countries1 or the right of any officer or employee of either such ,agency to claim reimbursement for personal funds expended in connection with the enforcement of the customs and trade laws of the ,united ,states 7as defined in section #b of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac74 4 #aji4 ,customs administration ,section #aac of the ,customs and ,trade ,act of #aiij 7#ai ,u4,s4,c4 #bjhb7 is amended to read as follows3 #aac4 ,customs ,administration 7a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement each shall-- 7#a7 develop and implement accounting systems that accurately determine and report the allocation of the personnel and other resources of the ,u4,s4 ,customs and ,border ,protection ,agency and the ,u4,s4 ,immigration and ,customs ,enforcement ,agency among the various operational functions of each ,agency1 such as merchandise processing1 passenger processing1 drug enforcement1 trade facilitation1 and trade enforcement2 and 7#b7 develop and implement periodic labor distribution surveys of major workforce activities within the ,u4,s4 ,customs and ,border ,protection ,agency and the ,u4,s4 ,immigration and ,customs ,enforcement ,agency to determine the cost of the various operational functions of each ,agency and the extent to which the costs of one ,agency are covered by the other ,agency4 7b7 ,survey reports ,not later than one year after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall each 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 results of the first surveys implemented under subsection 7a77#b74 4 #aaj4 ,personnel 7a7 ,in general ,subsection 7a7 of section #dja of the ,security and ,accountability for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #aae7 is amended to read as follows3 7a7 ,director of ,trade ,policy 7#a7 ,in general ,there shall be in the ,office of ,policy of the ,department of ,homeland ,security a ,director of ,trade ,policy1 who shall-- 7,a7 coordinate with the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement to ensure that the economic security interests of the ,united ,states associated with international trade1 including trade facilitation and trade enforcement 7as defined in section #b of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac71 are considered in the development and implementation of policies within the ,department of ,homeland ,security2 7,b7 engage with law enforcement and customs authorities of foreign countries and private sector entities to build on existing efforts to develop1 strengthen1 and implement international standards for securing key systems of the global economy and more effectively facilitating trade2 and 7,c7 submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives1 not later than ,december #ae of each year1 a report describing how the ,department of ,homeland ,security accounted for the economic security interests of the ,united ,states associated with international trade1 including trade facilitation and trade enforcement1 in developing and implementing policies during the preceding fiscal year4 7#b7 ,qualifications ,the ,director of ,trade ,policy shall have significant experience in the development1 operation1 or administration of the customs and trade laws of the ,united ,states 7as defined in section #b of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac74 4 7b7 ,new personnel ,subsection 7c7 of section #dab of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bab7;c77 is amended to read as follows3 7c7 ,new personnel ,not later than #ij days after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac1 the ,secretary of the ,treasury shall designate and dedicate not fewer than #e and not more than #bj full-time equivalent personnel to work exclusively with the ,deputy ,assistant ,secretary of the ,treasury for ,tax1 ,trade1 and ,tariff ,policy in the performance and oversight of customs revenue functions4 4 #aaa4 ,authorization of appropriations 7a7 ,in general ,section #cja of the ,customs ,procedural ,reform and ,simplification ,act of #aigh 7#ai ,u4,s4,c4 #bjge7 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7i72 and 7#b7 by striking subsections 7a7 through 7g7 and inserting the following3 7a7 ,in general 7#a7 ,fiscal year #bjad and each fiscal year thereafter ,for fiscal year #bjad and each fiscal year thereafter1 there are authorized to be appropriated to the ,department of ,homeland ,security for the ,u4,s4 ,customs and ,border ,protection ,agency only such sums as may hereafter be authorized by law4 7#b7 ,requirement for authorization ,the authorization of appropriations for the ,u4,s4 ,customs and ,border ,protection ,agency for fiscal year #bjad and each fiscal year thereafter shall specify-- 7,a7 the amount authorized for the fiscal year for the salaries and expenses of the ,agency in conducting commercial operations 7as described in section #a7;c77#b7 of the ,act of ,march #c1 #aibg 7#dd ,stat4 #acha1 chapter #cdh2 #ai ,u4,s4,c4 #bjga772 and 7,b7 the amount authorized for the fiscal year for the salaries and expenses of the ,agency for noncommercial operations4 7b7 ,authorization of appropriations ,there are authorized to be appropriated for the salaries and expenses of the ,u4,s4 ,customs and ,border ,protection ,agency that are incurred in commercial operations such sums as are necessary for fiscal years #bjad through #bjah4 7c7 ,customs user fee account ,the monies authorized to be appropriated pursuant to subsection 7b7 for any fiscal year1 except for such sums as may be necessary for the salaries and expenses of the ,u4,s4 ,customs and ,border ,protection ,agency that are incurred in connection with the processing of merchandise that is exempt from the fees imposed pursuant to paragraphs 7#i7 and 7#aj7 of section #acjca7;a7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7a771 shall be appropriated from the ,customs ,user ,fee ,account4 7d7 ,mandatory #aj-;,day deferment ,no part of the funds appropriated pursuant to subsection 7a7 for any fiscal year may be used to provide less time for the collection of estimated duties than the #aj-;day deferment procedure in effect on ,january #a1 #aiha4 7e7 ,overtime pay limitations2 waiver ,no part of the funds appropriated pursuant to subsection 7a7 for any fiscal year may be used for administrative expenses to pay any employee of the ,u4,s4 ,customs and ,border ,protection ,agency overtime pay in an amount exceeding #ce1jjj unless the ,secretary of ,homeland ,security1 or the designee of the ,secretary1 determines on an individual basis that payment of overtime pay to such employee in an amount exceeding #ce1jjj is necessary for national security purposes1 to prevent excessive costs1 or to meet emergency requirements of the ,agency4 7f7 ,pay comparability authorization ,for fiscal year #bjad and each fiscal year thereafter1 there are authorized to be appropriated to the ,department of ,homeland ,security for salaries of the ,u4,s4 ,customs and ,border ,protection ,agency such additional sums as may be provided by law to reflect pay rate changes made in accordance with subchapter ,i of chapter #ec of title #e1 ,united ,states ,code4 7g7 ,use of savings resulting from administrative consolidations ,if savings in salaries and expenses result from the consolidation of administrative functions within the ,u4,s4 ,customs and ,border ,protection ,agency1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall apply the savings1 to the extent the savings are not needed to meet emergency requirements of the ,agency1 to strengthening the commercial operations of the ,agency4 7h7 ,allocation of resources2 report to congressional committees ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall notify the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives at least #ahj days prior to taking any action that would-- 7#a7 result in any significant reduction in force of employees of the ,u4,s4 ,customs and ,border ,protection ,agency other than by means of attrition2 7#b7 result in any significant reduction in hours of operation or services rendered at any office of the ,agency or any ,united ,states port of entry2 7#c7 eliminate or relocate any office of the ,agency2 7#d7 eliminate any ,united ,states port of entry2 or 7#e7 significantly reduce the number of employees assigned to any office or any function of the ,agency4 4 7b7 ,resource optimization model ,subsection 7i7 of section #cja of the ,customs ,procedural ,reform and ,simplification ,act of #aigh1 as redesignated by subsection 7a71 is amended by striking ,resource ,allocation ,model each place it appears in the text and in the heading and inserting ,resource ,optimization ,model4 7c7 ,conforming amendments 7#a7 ,in general ,subsection 7c7 of section #e of the ,act of ,february #ac1 #aiaa 7#cf ,stat4 #ija1 chapter #df2 #ai ,u4,s4,c4 #bfg71 is amended to read as follows3 7c7 ,limitations 7#a7 ,fiscal year cap ,the aggregate of overtime pay under subsection 7a7 7including commuting compensation under subsection 7a77#b77;,b77 and premium pay under subsection 7b7 that an employee of the ,u4,s4 ,customs and ,border ,protection ,agency may be paid in any fiscal year may not exceed #ce1jjj unless the ,secretary of ,homeland ,security1 or the designee of the ,secretary1 determines on an individual basis that payment of overtime pay to such employee in an amount exceeding #ce1jjj is necessary for national security purposes1 to prevent excessive costs1 or to meet emergency requirements of the ,agency4 7#b7 ,exclusivity of pay under this section ,an employee of the ,agency who receives overtime pay under subsection 7a71 or premium pay under subsection 7b7 for time worked1 may not receive pay or other compensation for that work under any other provision of law4 4 7#b7 ,basic pay ,section #hcca7c77;,g7 of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking a customs officer and all that follows through #aiaa7 and inserting an employee of the ,u4,s4 ,customs and ,border ,protection ,agency2 7,b7 by striking subsection 7a7 of such section #e and inserting subsection 7c7 of section #e of the ,act of ,february #ac1 #aiaa 7#cf ,stat4 #ija1 chapter #df2 #ai ,u4,s4,c4 #bfg72 and 7,c7 by striking customs officers and inserting such employees4 ,b ,investigative functions #aba4 ,establishment of ,u4,s4 ,immigration and ,customs ,enforcement ,agency 7a7 ,in general ,section #ddb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #beb7 is amended to read as follows3 #ddb4 ,establishment of ,u4,s4 ,immigration and ,customs ,enforcement ,agency2 ,director 7a7 ,establishment of agency ,there shall be in the ,department of ,homeland ,security an agency to be known as the ,u4,s4 ,immigration and ,customs ,enforcement ,agency4 7b7 ,establishment of ,director 7#a7 ,in general ,the head of the ,u4,s4 ,immigration and ,customs ,enforcement ,agency shall be a ,director of ,u4,s4 ,immigration and ,customs ,enforcement 7in this section referred to as the ,director71 who shall-- 7,a7 be appointed by the ,president1 by and with the advice and consent of the ,senate2 7,b7 carry out the duties and powers described in subsection 7c71 prescribed by law1 and prescribed by the ,secretary of ,homeland ,security2 7,c7 report directly to the ,secretary of ,homeland ,security2 and 7,d7 have a minimum of #e years professional experience in law enforcement1 and a minimum of #e years of management experience4 7#b7 ,committee referral ,as an exercise of the rulemaking power of the ,senate1 any nomination for ,director shall be referred to the ,committee on ,finance4 ,if the ,committee on ,finance has not reported such nomination at the close of the #cjth day after its referral to such ,committee1 the ,committee shall be automatically discharged from further consideration of such nomination and such nomination shall be referred to the ,committee on the ,judiciary4 7#c7 ,compensation ,the ,director shall be compensated at the rate of pay for level ,,iii of the ,executive ,schedule as provided in section #ecad of title #e1 ,united ,states ,code4 7c7 ,duties of ,director ,the duties of the ,director shall include-- 7#a7 establishing and overseeing the administration of policies with respect to functions-- 7,a7 performed under the detention and removal program1 the intelligence program1 and the investigations program that were transferred to the ,under ,secretary for ,border and ,transportation ,security by section #dda and delegated to the ,assistant ,secretary for ,u4,s4 ,immigration and ,customs ,enforcement on the day before the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac2 and 7,b7 otherwise vested in the ,assistant ,secretary on the day before such date of enactment2 7#b7 advising the ,secretary with respect to any policy or operation of the ,u4,s4 ,immigration and ,customs ,enforcement ,agency that may affect the ,u4,s4 ,citizenship and ,immigration ,services established under subtitle ,e1 including potentially conflicting policies and operations2 7#c7 conducting and coordinating investigations of violations of the customs and trade laws of the ,united ,states 7as defined in section #b of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac7 and1 when appropriate1 referring alleged violations of such laws for criminal prosecution2 7#d7 coordinating efforts with law enforcement and customs authorities of foreign countries to investigate violations of customs and trade laws2 and 7#e7 coordinating with the ,commissioner of ,u4,s4 ,customs and ,border ,protection with respect to investigations of violations of the customs and trade laws of the ,united ,states and ensuring the development and implementation of the joint strategic plan on trade facilitation and trade enforcement required under section #abc;,a of the ,customs and ,trade ,act of #aiij4 7d7 ,deputy director ,the ,director is authorized to appoint1 in the ,u4,s4 ,immigration and ,customs ,enforcement ,agency established under subsection 7a71 one ,deputy ,director who shall assist the ,director in the management of the ,agency and who shall act for the ,director during the absence or disability of the ,director or in the event that the position of ,director is vacant4 7e7 ,additional officers ,the ,director may appoint such officers as are necessary to manage the individual offices within the ,u4,s4 ,immigration and ,customs ,enforcement ,agency4 7f7 ,program ,to ,collect information relating to foreign students ,the ,director shall be responsible for administering the program to collect information relating to nonimmigrant foreign students and other exchange program participants described in section #fda of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgb71 including the ,student and ,exchange ,visitor ,information ,system established pursuant to that section1 and shall use such information to carry out the enforcement functions of the ,u4,s4 ,immigration and ,customs ,enforcement ,agency4 7g7 ,chief of policy and strategy 7#a7 ,in general ,there shall be a position of ,chief of ,policy and ,strategy for the ,u4,s4 ,immigration and ,customs ,enforcement ,agency4 7#b7 ,functions ,in consultation with personnel in local offices of the ,agency1 the ,chief of ,policy and ,strategy shall be responsible for-- 7,a7 making policy recommendations and performing policy research and analysis on immigration enforcement issues2 and 7,b7 coordinating immigration policy issues with the ,chief of ,policy and ,strategy for the ,bureau of ,citizenship and ,immigration ,services established under section #dea7;c71 as appropriate4 7h7 ,legal advisor ,there shall be a principal legal advisor to the ,director4 ,the legal advisor shall provide specialized legal advice to the ,director and shall represent the ,u4,s4 ,immigration and ,customs ,enforcement ,agency in all exclusion1 deportation1 and removal proceedings before the ,executive ,office for ,immigration ,review4 4 7b7 ,compensation 7#a7 ,in general ,section #ecad of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 ,department of ,homeland ,security44 7#b7 ,continuation in office ,the individual serving as ,assistant ,secretary for ,u4,s4 ,immigration and ,customs ,enforcement of the ,department of ,homeland ,security on the day before the date of the enactment of this ,act may serve as ,director of ,u4,s4 ,immigration and ,customs ,enforcement until the earlier of-- 7,a7 the date on which that individual is no longer eligible to serve as ,assistant ,secretary2 or 7,b7 the date on which an individual nominated by the ,president to be the ,director of ,u4,s4 ,immigration and ,customs ,enforcement is confirmed by the ,senate4 7#c7 ,reference ,on and after the date of the enactment of this ,act1 any reference to the ,assistant ,secretary for ,u4,s4 ,immigration and ,customs ,enforcement or the ,assistant ,secretary of the ,bureau of ,border ,security of the ,department of ,homeland ,security1 shall be deemed to be a reference to the ,director of ,u4,s4 ,immigration and ,customs ,enforcement4 7c7 ,conforming amendments 7#a7 ,the heading for subtitle ,d of title ,,iv of the ,homeland ,security ,act of #bjjb is amended to read as follows3 ,d ,enforcement functions 4 7#b7 ,the table of contents for the ,homeland ,security ,act of #bjjb is amended-- 7,a7 by striking the item relating to section #ddb and inserting the following3 ,sec4 #ddb4 ,establishment of ,u4,s4 ,immigration and ,customs ,enforcement ,agency2 ,director4 2 and 7,b7 by striking the item relating to subtitle ,d of title ,,iv and inserting the following3 ,subtitle ,d--,enforcement functions 4 7#c7 ,section #dea7;a77#b77;,c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bga7;a77#b77;,c77 is amended by striking ,assistant ,secretary of the ,bureau of ,border ,security and inserting ,director of ,u4,s4 ,immigration and ,customs ,enforcement4 #abb4 ,separate budget requests for ,u4,s4 ,immigration and ,customs ,enforcement ,agency ,the ,president shall include in each budget transmitted to ,congress under section #aaje of title #ca1 ,united ,states ,code1 two separate budget requests for the ,u4,s4 ,immigration and ,customs ,enforcement ,agency-- 7#a7 one for the customs operations of the ,agency2 and 7#b7 one for the operations of the ,agency other than customs operations4 #abc4 ,undercover investigative operations ,section #caca of the ,customs ,enforcement ,act of #aihf 7#ai ,u4,s4,c4 #bjha7 is amended-- 7#a7 in the section heading1 by striking ,customs ,service and inserting ,u4,s4 ,immigration and ,customs ,enforcement ,agency2 7#b7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking ,united ,states ,customs ,service 7hereinafter in this section referred to as the ,service7 and inserting ,u4,s4 ,immigration and ,customs ,enforcement ,agency 7in this section referred to as the ,agency72 and 7ii7 by striking the ,treasury and inserting ,homeland ,security2 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking for the ,service2 and 7ii7 in subparagraph 7,a71 by striking clauses 7i7 through 7v7 and inserting the following3 7i7 sections #acda and #ccbd of title #ca1 ,united ,states ,code1 7ii7 section #hada of title #dj1 ,united ,states ,code1 and 7iii7 sections #cija1 #fcja1 and #fcjf1 and chapter #de1 of title #da1 ,united ,states ,code1 and 2 7,c7 in paragraph 7#b71 by striking ,service and inserting ,agency2 and 7,d7 in the flush text at the end1 by striking ,commissioner of ,customs 7or1 if designated by the ,commissioner the ,deputy or an ,assistant ,commissioner of ,customs7 and inserting ,director of ,u4,s4 ,immigration and ,customs ,enforcement 7or such other officer within the ,agency as the ,director may designate72 7#c7 in subsection 7b71 by striking ,service1 as much in advance as the ,commissioner or his designee determines is practicable1 shall report the circumstances to the ,secretary of the ,treasury and inserting ,agency1 as much in advance as the ,director 7or such other officer within the ,agency as the ,director may designate7 determines is practicable1 shall report the circumstances to the ,secretary of ,homeland ,security and the ,secretary of the ,treasury2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,service and inserting ,director of ,u4,s4 ,immigration and ,customs ,enforcement2 and 7ii7 in subparagraph 7,a71 by inserting the ,secretary of ,homeland ,security and after in writing to2 and 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a7-- 7i7 by striking ,service and inserting ,director2 and 7ii7 by striking as to its undercover investigative operations and inserting with respect to the undercover investigative operations of the ,agency2 and 7#e7 in subsection 7e71 by striking ,service each place it appears and inserting ,agency4 #abd4 ,authorization of appropriations ,title ,,iii of the ,customs ,procedural ,reform and ,simplification ,act of #aigh 7#ai ,u4,s4,c4 #bjge7 is amended by inserting after section #cja the following3 #cjb4 ,authorization of appropriations for certain customs enforcement activities 7a7 ,in general 7#a7 ,fiscal year #bjad and each fiscal year thereafter ,for fiscal year #bjad and each fiscal year thereafter1 there are authorized to be appropriated to the ,department of ,homeland ,security for the ,u4,s4 ,immigration and ,customs ,enforcement ,agency only such sums as may hereafter be authorized by law4 7#b7 ,specification of amounts ,the authorization of the appropriations for the ,u4,s4 ,immigration and ,customs ,enforcement ,agency for fiscal year #bjad and each fiscal year thereafter shall specify-- 7,a7 the amount authorized for the fiscal year for the salaries and expenses of the ,agency in conducting customs operations2 and 7,b7 the amount authorized for the fiscal year for the salaries and expenses of the ,agency for other than customs operations4 7b7 ,authorization of appropriations ,there are authorized to be appropriated for the salaries and expenses of the ,u4,s4 ,immigration and ,customs ,enforcement ,agency that are incurred in customs operations such sums as are necessary for fiscal years #bjad through #bjah4 4 ,c ,joint strategic plan on trade facilitation and trade enforcement #aca4 ,joint strategic plan on trade facilitation and trade enforcement 7a7 ,in general ,subtitle ,c of title ,i of the ,customs and ,trade ,act of #aiij 7,public ,law #aja-chb2 #ajd ,stat4 #fbi7 is amended by inserting after section #abc 7#ai ,u4,s4,c4 #bjhc7 the following3 #abc;,a4 ,joint strategic plan on trade facilitation and trade enforcement 7a7 ,in general ,not later than one year after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac1 and every #b years thereafter1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall jointly develop and submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a joint strategic plan on trade facilitation and trade enforcement4 7b7 ,contents ,the joint strategic plan required by subsection 7a7 shall be comprised of a comprehensive multiyear plan for trade facilitation and trade enforcement and shall include-- 7#a7 a summary of actions taken during the #b-year period preceding the submission of the report to improve trade facilitation and trade enforcement1 including a description and analysis of specific performance measures to evaluate the progress of the ,u4,s4 ,customs and ,border ,protection ,agency and the ,u4,s4 ,immigration and ,customs ,enforcement ,agency with respect to trade facilitation and trade enforcement2 7#b7 a statement of objectives and plans for further improving trade facilitation and trade enforcement2 7#c7 a statement of objectives and plans to strengthen the economic security and competitiveness of the ,united ,states2 7#d7 a designation of priority trade issues that that can be addressed in order to enhance trade facilitation and trade enforcement and a description of strategies1 plans1 and metrics for addressing each such issue2 7#e7 a description of efforts made to improve consultation and coordination among ,federal agencies1 and in particular between the ,u4,s4 ,customs and ,border ,protection ,agency and the ,u4,s4 ,immigration and ,customs ,enforcement ,agency1 to enhance trade facilitation and trade enforcement2 7#f7 a description of efforts to work with the ,world ,customs ,organization1 the ,world ,trade ,organization1 and other international organizations with respect to enhancing trade facilitation and trade enforcement2 7#g7 a description of efforts made to improve consultation and coordination with the private sector to enhance trade facilitation and trade enforcement2 7#h7 a description of the training that has occurred during the #b-year period preceding the submission of the report within the ,u4,s4 ,customs and ,border ,protection ,agency and the ,u4,s4 ,immigration and ,customs ,enforcement ,agency to improve trade facilitation and trade enforcement2 7#i7 a specific identification of any domestic or international best practices or technologies that may further improve trade facilitation and trade enforcement2 and 7#aj7 any legislative recommendations to further improve trade facilitation and trade enforcement4 7c7 ,consultations ,in developing the joint strategic plan required by subsection 7a71 the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall consult with-- 7#a7 appropriate officials of agencies represented on the ,customs ,facilitation and ,enforcement ,interagency ,committee established under section #h of the ,act of ,march #c1 #aibg1 and such other agencies as the ,commissioner or the ,director determine appropriate2 and 7#b7 the ,customs ,operations ,advisory ,committee and the ,trade ,support ,network1 as appropriate4 7d7 ,definitions ,in this section1 the terms ,customs ,operations ,advisory ,committee1 trade enforcement1 trade facilitation1 and ,trade ,support ,network have the meanings given those terms in section #b of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac4 4 7b7 ,conforming amendment ,the table of contents for the ,customs and ,trade ,act of #aiij is amended by inserting after the item relating to section #abc the following3 ,sec4 #abc;,a4 ,joint strategic plan on trade facilitation and trade enforcement44 ,,ii ,trade facilitation1 trade enforcement1 and transparency ,a ,trade facilitation and transparency #bja4 ,improving partnership programs 7a7 ,in general ,in order to advance the security1 trade facilitation1 and trade enforcement missions of the ,u4,s4 ,customs and ,border ,protection ,agency1 the ,commissioner shall ensure that partnership programs of the ,agency established before the date of the enactment of this ,act1 such as the ,customs-,trade ,partnership ,against ,terrorism established under subtitle ,b of title ,,ii of the ,security and ,accountability for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #ifa et seq471 and partnership programs of the ,agency established after such date of enactment1 provide trade benefits to private sector entities that meet the requirements for participation in those programs established by the ,commissioner under this section4 7b7 ,elements ,in developing and operating partnership programs under subsection 7a71 the ,commissioner shall-- 7#a7 consult with private sector entities1 the public1 and other ,federal agencies when appropriate1 to ensure that participants in those programs receive commercially significant and measurable trade benefits2 7#b7 ensure an integrated and transparent system of trade benefits and compliance requirements for all partnership programs of the ,u4,s4 ,customs and ,border ,protection ,agency2 7#c7 consider consolidating partnership programs in situations in which doing so would support the objectives of such programs1 increase participation in such programs1 enhance the trade benefits provided to participants in such programs1 and enhance the allocation of the resources of the ,agency2 7#d7 coordinate with other ,federal agencies with authority to detain and release merchandise entering the ,united ,states-- 7,a7 to ensure coordination in the release of such merchandise through the ,automated ,commercial ,environment computer system1 or its predecessor1 and the ,international ,trade ,data ,system2 7,b7 to ensure that the partnership programs of those agencies are compatible with the partnership programs of the ,u4,s4 ,customs and ,border ,protection ,agency2 and 7,c7 to develop criteria for authorizing the release1 on an expedited basis1 of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the ,united ,states2 and 7#e7 ensure that trade benefits are provided to participants in partnership programs4 7c7 ,report required ,not later than the date that is #ahj days after the date of the enactment of this ,act1 and ,december #ca of each year thereafter1 the ,commissioner shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report that-- 7#a7 identifies each partnership program referred to in subsection 7a71 including the program referred to in section #dii;,a of the ,tariff ,act of #aicj1 as added by section #bjb2 7#b7 for each such program1 identifies-- 7,a7 the requirements for participants in the program2 7,b7 the commercially significant and measurable trade benefits provided to participants in the program2 7,c7 the number of participants in the program2 and 7,d7 in the case of a program that provides for participation at multiple tiers1 the number of participants at each such tier2 7#c7 identifies the number of participants enrolled in more than one such partnership program2 7#d7 assesses the effectiveness of each such partnership program in advancing the security1 trade facilitation1 and trade enforcement missions of the ,u4,s4 ,customs and ,border ,protection ,agency1 based on historical developments1 the level of participation in the program1 and the evolution of benefits provided to participants in the program2 7#e7 summarizes the efforts of the ,agency to work with other ,federal agencies with authority to detain and release merchandise entering the ,united ,states to ensure that partnership programs of those agencies are compatible with partnership programs of the ,agency2 7#f7 identifies from among those agencies the agencies that are collaborating with the ,commissioner to provide benefits pursuant to subsection 7f7 of section #dii;,a of the ,tariff ,act of #aicj1 as added by section #bjb2 7#g7 summarizes criteria developed with those agencies for authorizing the release1 on an expedited basis1 of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the ,united ,states2 7#h7 summarizes the efforts of the ,agency to work with private sector entities and the public to develop and improve partnership programs referred to in subsection 7a72 7#i7 describes measures taken by the ,agency to make private sector entities aware of the trade benefits available to participants in such programs2 and 7#aj7 summarizes the plans1 targets1 and goals of the ,agency with respect to such programs for the #b years following the submission of the report4 #bjb4 ,trade facilitation partnership program 7a7 ,in general ,title ,,iv of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adja et seq47 is amended by adding at the end the following3 #dii;,a4 ,trade facilitation partnership program 7a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection 7in this section referred to as the ,commissioner7 shall establish a voluntary government-private sector program or modify an existing such program to enhance trade facilitation and trade enforcement and to provide trade benefits developed under subsection 7c7 to qualified persons4 7b7 ,qualified person defined ,for purposes of this section1 the term qualified person means a person that-- 7#a7 is involved in the entry of merchandise into the ,united ,states1 including as an intermodal transportation system provider1 contract logistics provider1 air1 land1 or sea carrier1 customs broker1 importer1 or forwarder2 and 7#b7 demonstrates compliance with the requirements established under subsection 7e7 in accordance with the procedures established under subsection 7d74 7c7 ,trade benefits 7#a7 ,in general ,the ,commissioner shall1 in consultation with the entities specified in paragraph 7#c71 develop enhanced commercially significant and measurable trade benefits to be provided to qualified persons4 7#b7 ,requirements ,the trade benefits developed under paragraph 7#a7 shall-- 7,a7 be designed to expedite the release of merchandise of qualified persons upon arrival of the merchandise in the ,united ,states2 and 7,b7 include-- 7i7 consideration of the status of persons as qualified persons for the purposes of commercial targeting under section #baa7;c7 of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac2 7ii7 to the extent practicable1 giving priority to qualified persons with respect to the clearance of merchandise during activities to resume trade after any disruption to the processing of merchandise entering the ,united ,states2 7iii7 providing preclearance of merchandise for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the ,united ,states1 regulations of the ,u4,s4 ,customs and ,border ,protection ,agency1 and requirements established under subsection 7e72 and 7iv7 any other trade benefits the ,commissioner determines appropriate for achieving the goals of the program under subsection 7a74 7#c7 ,entities specified ,the entities specified in this paragraph are-- 7,a7 the ,customs ,operations ,advisory ,committee established under section #bje of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac2 7,b7 the ,trade ,support ,network 7as defined in section #b of that ,act72 7,c7 the ,committee on ,finance of the ,senate2 and 7,d7 the ,committee on ,ways and ,means of the ,house of ,representatives4 7d7 ,procedures ,the ,commissioner shall establish procedures with respect to the following3 7#a7 ,submission and approval of applications to receive trade benefits under the program under subsection 7a74 7#b7 ,verification that an applicant to receive trade benefits under the program is a qualified person4 7#c7 ,reverification that a person receiving trade benefits under the program continues to be a qualified person4 7#d7 ,withdrawal of trade benefits from a person that the ,commissioner determines is not a qualified person4 7#e7 ,appeals of decisions of the ,commissioner under this section4 7e7 ,requirements 7#a7 ,in general ,the ,commissioner1 in consultation with the entities specified in subsection 7c77#c7-- 7,a7 shall establish requirements for receiving trade benefits under the program under subsection 7a72 and 7,b7 may establish multiple tiers of requirements and trade benefits under the program4 7#b7 ,minimum requirements ,the minimum requirements for a person to receive trade benefits under the program under subsection 7a7 are the following3 7,a7 ,the certification of the person as a member of the ,customs-,trade ,partnership ,against ,terrorism established under subtitle ,b of title ,,ii of the ,security and ,accountability for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #ifa et seq47 or an equivalent certification in a successor program4 7,b7 ,a history of compliance by the person with the customs and trade laws of the ,united ,states and regulations of the ,u4,s4 ,customs and ,border ,protection ,agency4 7f7 ,interagency program benefits ,the ,commissioner shall collaborate with the head of each ,federal agency with authority to detain and release merchandise entering the ,united ,states to develop benefits to be provided to persons that receive trade benefits under the program under subsection 7a7 and that import merchandise into the ,united ,states that requires clearance by that agency1 including-- 7#a7 the submission to1 and retrieval of information from1 that agency relating to the entry and release of that merchandise through the ,automated ,commercial ,environment1 or its predecessor1 and the ,international ,trade ,data ,system2 7#b7 the preclearance of that merchandise by that agency through the ,automated ,commercial ,environment or its predecessor to the extent possible2 and 7#c7 any other benefits that the ,commissioner and the head of that agency determine appropriate4 7g7 ,confidential information safeguards ,the ,commissioner1 in consultation with the ,customs ,operations ,advisory ,committee established under section #bje of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac1 shall establish procedures to safeguard confidential data collected1 stored1 or shared with the ,u4,s4 ,customs and ,border ,protection ,agency or any other ,federal agency pursuant to this section4 7h7 ,customs and trade laws of the ,united ,states defined ,in this section1 the term customs and trade laws of the ,united ,states has the meaning given that term in section #b of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac4 4 7b7 ,federal ,register notice ,not later than #ij days after the date of the enactment of this ,act1 the ,commissioner shall publish a notice in the ,federal ,register setting forth the requirements of section #dii;,a of the ,tariff ,act of #aicj1 as added by subsection 7a71 and seeking public comments on the development and implementation of the program under that section4 #bjc4 ,centers of ,excellence and ,expertise ,the ,commissioner shall1 in consultation with private sector entities1 develop and implement ,agency-wide ,centers of ,excellence and ,expertise that-- 7#a7 build the expertise of the ,u4,s4 ,customs and ,border ,protection ,agency in particular industry operations1 supply chains1 and compliance requirements2 7#b7 ensure the uniform implementation across ,united ,states ports of entry of policies and regulations affecting major import sectors2 7#c7 centralize decisionmaking of the ,agency that impacts particular industries2 7#d7 enhance trade facilitation and trade enforcement2 and 7#e7 formalize an account-based approach to the importation of merchandise into the ,united ,states by persons the ,commissioner determines have a history of compliance with the customs and trade laws of the ,united ,states4 #bjd4 ,mutual recognition agreements 7a7 ,negotiating objective ,it shall be a negotiating objective of the ,united ,states in any negotiation for a mutual recognition agreement with a foreign country on partnership programs1 such as the ,customs-,trade ,partnership ,against ,terrorism established under subtitle ,b of title ,,ii of the ,security and ,accountability for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #ifa et seq471 to seek to ensure the compatibility of the partnership programs of that country with the partnership programs of the ,u4,s4 ,customs and ,border ,protection ,agency to enhance trade facilitation and trade enforcement4 7b7 ,consultations ,not later than #cj days before entering into a mutual recognition agreement described in subsection 7a71 the ,secretary of ,homeland ,security shall consult with the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives with respect to how the provisions of the agreement will advance the security1 trade facilitation1 and trade enforcement missions of the ,u4,s4 ,customs and ,border ,protection ,agency4 #bje4 ,customs ,operations ,advisory ,committee 7a7 ,establishment ,not later than ,december #ca1 #bjac1 the ,secretary of the ,treasury and the ,secretary of ,homeland ,security shall jointly establish a ,customs ,operations ,advisory ,committee 7in this section referred to as the ,advisory ,committee74 7b7 ,membership 7#a7 ,in general ,the ,advisory ,committee shall be comprised of-- 7,a7 #bj individuals appointed under paragraph 7#b72 7,b7 the ,commissioner and the ,assistant ,secretary for ,tax ,policy of the ,department of the ,treasury1 who shall jointly co-chair meetings of the ,advisory ,committee2 and 7,c7 the ,assistant ,secretary for ,policy of the ,department of ,homeland ,security and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 who shall serve as deputy co-chairs of meetings of the ,advisory ,committee4 7#b7 ,appointment 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury and the ,secretary of ,homeland ,security shall jointly appoint #bj individuals from the private sector to the ,advisory ,committee1 not more than #aj of whom shall be of the same political party4 7,b7 ,terms ,each individual appointed to the ,advisory ,committee under this paragraph shall be appointed for a term of up to #c years1 and may be reappointed to subsequent terms1 but may not serve more than #b terms sequentially4 7#c7 ,qualifications ,the individuals appointed to the ,advisory ,committee shall be broadly representative of the sectors of the ,united ,states economy affected by the commercial operations of the ,u4,s4 ,customs and ,border ,protection ,agency and the investigations of the ,u4,s4 ,immigration and ,customs ,enforcement ,agency4 7#d7 ,transfer of membership ,the ,secretary of the ,treasury and the ,secretary of ,homeland ,security may transfer members serving on the ,advisory ,committee on ,commercial ,operations of the ,united ,states ,customs ,service established under section #iejc7;c7 of the ,omnibus ,budget ,reconciliation ,act of #aihg 7#ai ,u4,s4,c4 #bjga note7 on the day before the date of the enactment of this ,act to the ,advisory ,committee established under subsection 7a74 7c7 ,duties ,the ,advisory ,committee established under subsection 7a7 shall-- 7#a7 advise the ,secretary of the ,treasury and the ,secretary of ,homeland ,security on all matters involving the commercial operations of the ,u4,s4 ,customs and ,border ,protection ,agency and the investigations of the ,u4,s4 ,immigration and ,customs ,enforcement ,agency1 including advising with respect to significant changes that are proposed with respect to policies or regulations of either such ,agency2 7#b7 provide recommendations to the ,secretary of the ,treasury and the ,secretary of ,homeland ,security on improvements to the commercial operations of the ,u4,s4 ,customs and ,border ,protection ,agency and the investigations of the ,u4,s4 ,immigration and ,customs ,enforcement ,agency2 and 7#c7 perform such other functions relating to the commercial operations of the ,u4,s4 ,customs and ,border ,protection ,agency and the investigations of the ,u4,s4 ,immigration and ,customs ,enforcement ,agency as prescribed by law or as the ,secretary of the ,treasury and the ,secretary of ,homeland ,security jointly direct4 7d7 ,meetings 7#a7 ,in general ,the ,advisory ,committee shall meet at the call of the ,secretary of the ,treasury and the ,secretary of ,homeland ,security or at the call of not less than #b_/c of the membership of the ,advisory ,committee4 7#b7 ,number of meetings ,the ,advisory ,committee shall1 at a minimum1 meet at least #d times each calendar year4 ,additional meetings may be called of such special task forces or other groups made up of members of the ,advisory ,committee as the ,advisory ,committee determines appropriate4 7#c7 ,addition of agenda items ,any member of the ,advisory ,committee may recommend additional items for the agenda of a meeting before the meeting4 7#d7 ,open meetings ,a meeting of the ,advisory ,committee shall be open to the public unless the ,secretary of the ,treasury and the ,secretary of ,homeland ,security determine that the meeting will include matters the disclosure of which would seriously compromise the development of policies1 priorities1 or negotiating objectives or positions that could impact the commercial operations of the ,u4,s4 ,customs and ,border ,protection ,agency or the investigations of the ,u4,s4 ,immigration and ,customs ,enforcement ,agency4 7e7 ,reports 7#a7 ,annual report ,not later than ,december #ca of each calendar year1 the ,advisory ,committee shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report that-- 7,a7 describes the activities of the ,advisory ,committee during the preceding fiscal year2 and 7,b7 sets forth any recommendations of the ,advisory ,committee regarding the commercial operations of the ,u4,s4 ,customs and ,border ,protection ,agency and the investigations of the ,u4,s4 ,immigration and ,customs ,enforcement ,agency during the preceding fiscal year4 7#b7 ,additional reports ,the members of the ,advisory ,committee appointed under subsection 7b77#b7 may submit directly to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives such additional reports on the commercial operations of the ,u4,s4 ,customs and ,border ,protection ,agency and the investigations of the ,u4,s4 ,immigration and ,customs ,enforcement ,agency as such members determine appropriate4 7f7 ,applicability of ,federal ,advisory ,committee ,act ,the provisions of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,advisory ,committee1 except as follows3 7#a7 ,subsections 7a7 and 7b7 of section #aj of such ,act 7relating to open meetings and availability of information7 shall not apply4 7#b7 ,section #aa of such ,act 7relating to the availability of transcripts of meetings7 shall not apply4 7#c7 ,section #ad7;a77#b7 of such ,act 7relating to termination7 shall be applied by substituting #d-year period for two-year period4 7g7 ,conforming repeal ,effective ,january #ca1 #bjad1 section #iejc7;c7 of the ,omnibus ,budget ,reconciliation ,act of #aihg 7#ai ,u4,s4,c4 #bjga note7 is repealed4 7h7 ,references ,on or after ,january #ca1 #bjad1 any reference in law to the ,advisory ,committee on ,commercial ,operations of the ,united ,states ,customs ,service established under section #iejc7;c7 of the ,omnibus ,budget ,reconciliation ,act of #aihg 7#ai ,u4,s4,c4 #bjga note7 shall be deemed to be a reference to the ,customs ,operations ,advisory ,committee established under subsection 7a74 7i7 ,conforming amendments 7#a7 ,,safe ,port ,act ,the ,security and ,accountability for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #ija et seq47 is amended-- 7,a7 in section #b1 by striking paragraph 7#b7 and inserting the following3 7#b7 ,customs ,operations ,advisory ,committee ,the term ,customs ,operations ,advisory ,committee means the ,advisory ,committee established under section #bje of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac or any successor committee4 2 and 7,b7 by striking ,commercial ,operations ,advisory ,committee each place it appears and inserting ,customs ,operations ,advisory ,committee4 7#b7 ,tariff ,act of #aicj ,section #daa7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adaa7;d77 is amended-- 7,a7 in paragraph 7#a77;,d71 by striking ,commercial ,operations ,advisory ,committee and inserting ,customs ,operations ,advisory ,committee2 and 7,b7 by striking paragraph 7#g7 and inserting the following3 7#g7 ,customs ,operations ,advisory ,committee defined ,in this section1 the term ,customs ,operations ,advisory ,committee means the ,advisory ,committee established under section #bje of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac or any successor committee4 4 7#c7 ,effective date ,the amendments made by this subsection shall take effect on ,january #a1 #bjad4 #bjf4 ,automated ,commercial ,environment computer system 7a7 ,funding ,section #acjca7;f77#e7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7f77#e77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by striking #bjjc1 #bjjd1 and #bjje and inserting #bjad through #bjah2 and 7,b7 by striking #cej1jjj1jjj and inserting #cbe1jjj1jjj2 and 7#b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 7i7 ,from amounts that are available in the ,account1 there are authorized to be appropriated-- 7,i7 for each of fiscal years #bjad through #bjaf1 #adj1jjj1jjj to complete the development of the ,automated ,commercial ,environment computer system2 7,,ii7 for each of fiscal years #bjag and #bjah1 #aae1jjj1jjj for the operation and maintenance of the ,automated ,commercial ,environment computer system2 and 7,,iii7 for fiscal years #bjad through #bjah1 such amounts as are available in the ,account after the obligation of amounts pursuant to the authorizations of appropriations under subclauses 7,i7 and 7,,ii7 and subparagraph 7,c7 for other purposes related to the functions of the ,department of ,homeland ,security4 7ii7 ,amounts authorized to be appropriated pursuant to this subparagraph shall remain available until expended4 7iii7 ,not more than #a percent of the amounts authorized to be appropriated from the ,account under subclauses 7,i7 and 7,,ii7 of clause 7i7 may be used as matching funds to assist ,federal agencies 7other than the ,department of ,homeland ,security7 with authority to detain and release merchandise entering the ,united ,states in developing their respective automated release programs that are integrated with the ,automated ,commercial ,environment computer system4 4 7b7 ,report ,section #caa7;b77#c7 of the ,customs ,border ,security ,act of #bjjb 7#ai ,u4,s4,c4 #bjge note7 is amended to read as follows3 7#c7 ,report 7,a7 ,in general ,not later than ,december #ca1 #bjac1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit to the ,committee on ,appropriations and the ,committee on ,finance of the ,senate and the ,committee on ,appropriations and the ,committee on ,ways and ,means of the ,house of ,representatives a report-- 7i7 describing the plans of the ,u4,s4 ,customs and ,border ,protection ,agency1 including deadlines1 for incorporating all cargo release data elements into the ,automated ,commercial ,environment computer system not later than ,september #cj1 #bjae1 to conform with the admissibility criteria of agencies participating in the ,international ,trade ,data ,system identified pursuant to subsection 7d77#d77;,a77iii7 of section #daa of the ,tariff ,act of #aicj2 7ii7 identifying the components of the ,national ,customs ,automation ,program specified in subsection 7a77#b7 of such section #daa that have not been implemented2 7iii7 identifying the priorities of the ,agency for incorporating entry summary data elements1 cargo manifest data elements1 and cargo financial data elements into the ,automated ,commercial ,environment computer system2 7iv7 describing the objectives1 plans1 and deadlines of the ,agency for implementing the components identified under clause 7ii7 and the priorities identified under cause 7iii7 not later than ,september #cj1 #bjaf2 and 7v7 describing any additional component of the ,national ,customs ,automation ,program initiated by the ,commissioner to complete the development1 establishment1 and implementation of the ,automated ,commercial ,environment computer system4 7,b7 ,update of reports ,not later than ,june #cj1 #bjad1 and every #ahj days thereafter1 the ,commissioner shall submit to the ,committee on ,appropriations and the ,committee on ,finance of the ,senate and the ,committee on ,appropriations and the ,committee on ,ways and ,means of the ,house of ,representatives an updated report addressing each of the matters referred to in subparagraph 7,a74 4 7c7 ,government accountability office report ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,appropriations and the ,committee on ,finance of the ,senate and the ,committee on ,appropriations and the ,committee on ,ways and ,means of the ,house of ,representatives a report-- 7#a7 evaluating the cost and effectiveness of the efforts of the ,u4,s4 ,customs and ,border ,protection ,agency to complete the development1 establishment1 and implementation of the ,automated ,commercial ,environment computer system2 7#b7 assessing the extent to which any additional functionality may be added into the ,automated ,commercial ,environment computer system at a reasonable cost2 and 7#c7 assessing the progress of other ,federal agencies in accessing and utilizing the ,automated ,commercial ,environment computer system4 #bjg4 ,international ,trade ,data ,system 7a7 ,information technology infrastructure ,section #daa7;d7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adaa7;d77 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#g7 as paragraphs 7#e7 through 7#h71 respectively2 and 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,information technology infrastructure 7,a7 ,in general ,the ,secretary shall work with the head of each agency participating in the ,,itds and the ,interagency ,steering ,committee to ensure that each such agency-- 7i7 develops and maintains the necessary information technology infrastructure to support the operation of the ,,itds and to submit all data to the ,,itds electronically2 7ii7 enters into a memorandum of understanding1 or takes such other action as is necessary1 to provide for the information sharing between the agency and the ,u4,s4 ,customs and ,border ,protection ,agency necessary for the operation and maintenance of the ,,itds2 and 7iii7 not later than ,june #cj1 #bjad1 identifies and transmits to the ,commissioner of ,u4,s4 ,customs and ,border ,protection the admissibility criteria and data elements required by the agency to authorize the release of cargo by the ,u4,s4 ,customs and ,border ,protection ,agency for incorporation into the operational functionality of the ,automated ,commercial ,environment computer system4 7,b7 ,rule of construction ,nothing in this paragraph shall be construed to require any action to be taken that would compromise an ongoing law enforcement investigation or national security4 4 7b7 ,authorization of appropriations ,section #acjca7;f77#e7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7f77#e771 as amended by section #bjf7;a71 is further amended by striking subparagraph 7,c7 and inserting the following3 7,c7 ,there are authorized to be appropriated to the ,secretary of the ,treasury from amounts available in the ,account #be1jjj1jjj for each of fiscal years #bjad through #bjah1 to remain available until expended1 to carry out the provisions of section #daa7;d77#d7 of the ,tariff ,act of #aicj4 4 7c7 ,government accountability office report ,not later than ,june #cj1 #bjae1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,appropriations and the ,committee on ,finance of the ,senate and the ,committee on ,appropriations and the ,committee on ,ways and ,means of the ,house of ,representatives a report-- 7#a7 evaluating the development and maintenance of the information technology infrastructure necessary to support the operations of the ,international ,trade ,data ,system2 and 7#b7 assessing the number of memoranda of understanding and other actions taken by the ,u4,s4 ,customs and ,border ,protection ,agency and other ,federal agencies to ensure the sharing of electronic import and export data4 #bjh4 ,electronic submission of public comments ,not later than one year after the date of the enactment of this ,act1 the ,commissioner shall provide-- 7#a7 for the electronic submission and posting of any public comments solicited by the ,u4,s4 ,customs and ,border ,protection ,agency on the ,internet website of the ,agency2 and 7#b7 for the prompt posting of public comments associated with any rulemaking of the ,agency on the ,federal ,government ,internet website for ,federal regulations1 www4regulations4gov1 or any successor website4 ,b ,trade enforcement #a ,commercial targeting #baa4 ,commercial ,targeting ,division and ,national ,targeting and ,analysis ,groups 7a7 ,establishment of commercial targeting division 7#a7 ,in general ,the ,secretary of ,homeland ,security shall establish and maintain within the ,office of ,trade of the ,u4,s4 ,customs and ,border ,protection ,agency1 established under section #d of the ,act of ,march #c1 #aibg1 as added by section #ajb1 a ,commercial ,targeting ,division4 7#b7 ,composition ,the ,commercial ,targeting ,division shall be composed of-- 7,a7 headquarters personnel led by an ,executive ,director1 who shall report to the ,assistant ,commissioner for ,trade2 and 7,b7 individual ,national ,targeting and ,analysis ,groups1 each led by a ,director who shall report to the ,executive ,director of the ,commercial ,targeting ,division4 7#c7 ,duties ,the ,commercial ,targeting ,division shall be dedicated-- 7,a7 to the development and conduct of commercial targeting with respect to cargo destined for the ,united ,states in accordance with subsection 7c72 and 7,b7 to issuing ,trade ,alerts described in subsection 7d74 7b7 ,national targeting and analysis groups 7#a7 ,in general ,the ,commissioner shall determine the priorities of the ,national ,targeting and ,analysis ,groups referred to in subsection 7a77#b77;,b71 to include the enforcement1 with respect to the importation of merchandise into the ,united ,states1 of-- 7,a7 intellectual property rights2 7,b7 health and safety laws and regulations2 7,c7 agriculture-related laws and regulations2 7,d7 textile- and apparel-related laws and regulations2 7,e7 general revenue laws and regulations2 and 7,f7 non-general revenue laws and regulations1 including with respect to antidumping and countervailing duties4 7c7 ,commercial targeting ,in carrying out its duties with respect to commercial targeting1 the ,commercial ,targeting ,division shall-- 7#a7 establish targeting methodologies and standards for-- 7,a7 assessing the risk that cargo destined for the ,united ,states may violate the customs and trade laws of the ,united ,states2 and 7,b7 issuing1 as appropriate1 ,trade ,alerts described in subsection 7d72 7#b7 to the extent practicable and otherwise authorized by law1 use1 to administer the methodologies and standards established under paragraph 7#a7-- 7,a7 publicly available information2 7,b7 information available from the ,automated ,commercial ,system1 the ,automated ,commercial ,environment computer system1 the ,automated ,targeting ,system1 the ,automated ,export ,system1 the ,international ,trade ,data ,system1 the ,,tecs 7formerly known as the ,treasury ,enforcement ,communications ,system71 and the case management system of the ,u4,s4 ,immigration and ,customs ,enforcement ,agency1 and any successors to those systems2 and 7,c7 information made available to the ,commercial ,targeting ,division1 including information provided by private sector entities2 and 7#c7 coordinate targeting efforts with other ,federal agencies with authority to detain and release merchandise entering the ,united ,states4 7d7 ,trade alerts 7#a7 ,issuance ,based upon the application of the targeting methodologies and standards established under subsection 7c71 the ,executive ,director of the ,commercial ,targeting ,division and the ,directors of the ,national ,targeting and ,analysis ,groups may issue ,trade ,alerts to port directors providing guidance for further inspection1 physical examination1 or testing1 of specific merchandise if certain risk-assessment thresholds are met to improve compliance with the customs and trade laws of the ,united ,states and regulations administered by the ,u4,s4 ,customs and ,border ,protection ,agency4 7#b7 ,determinations not to implement ,trade ,alerts ,a port director may determine not to follow a ,trade ,alert issued under paragraph 7#a7 that requires further inspection1 physical examination1 or testing if the port director-- 7,a7 finds that such a determination is justified by security interests2 and 7,b7 notifies the ,trade ,facilitation and ,trade ,enforcement ,division of the ,office of ,field ,operations of the determination not to follow the ,trade ,alert and the reasons for the determination not later than #dh hours after making the determination4 7#c7 ,summary of determinations not to implement ,the ,trade ,facilitation and ,trade ,enforcement ,division shall-- 7,a7 compile an annual summary of all determinations by port directors under paragraph 7#b7 and the reasons for those determinations2 7,b7 conduct an evaluation of the utilization of ,trade ,alerts issued under paragraph 7#a72 and 7,c7 submit the summary compiled under subparagraph 7,a7 and the evaluation conducted under subparagraph 7,b7 to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives not later than ,december #ca of each year4 7#d7 ,inspection defined ,in this subsection1 the term inspection means the comprehensive evaluation process used by the ,u4,s4 ,customs and ,border ,protection ,agency1 other than physical examination or testing1 to permit the entry of merchandise into the ,united ,states1 or the clearance of merchandise for transportation in bond through the ,united ,states1 for purposes of-- 7,a7 assessing duties2 7,b7 identifying restricted or prohibited items2 and 7,c7 ensuring compliance with the customs and trade laws of the ,united ,states and regulations administered by the ,agency4 7e7 ,use of trade data for commercial enforcement purposes ,section #cdc7;a77#c77;,f7 of the ,trade ,act of #bjjb 7#ai ,u4,s4,c4 #bjga note7 is amended to read as follows3 7,f7 ,the information collected pursuant to the regulations shall be used for ensuring aviation1 maritime1 and surface transportation safety and security1 and may be used for commercial enforcement purposes4 ,a person that provides information pursuant to the regulations that is used to detect a violation of any statute or regulation relating to commercial enforcement shall be subject to commercial penalties pursuant to that statute or regulation only if the person is found to have committed fraud in providing the information4 4 #bab4 ,annual illegal drug control law enforcement strategy 7a7 ,in general ,section #abc of the ,customs and ,trade ,act of #aiij 7#ai ,u4,s4,c4 #bjhc7 is amended to read as follows3 #abc4 ,annual illegal drug control law enforcement strategy 7a7 ,reports on violation estimates ,not later than one year after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac1 and annually thereafter1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall jointly develop and submit to the chairperson and ranking member of the ,committee on ,finance of the ,senate and of the ,committee on ,ways and ,means of the ,house of ,representatives 7in this section referred to as the ,committees7 in accordance with subsection 7d7 a report that contains an estimate of-- 7#a7 the number and extent of violations of the illegal drug control laws specified in subsection 7b7 that are likely to occur during the year following the report2 and 7#b7 the relative incidence of the violations described in paragraph 7#a7 among the various ,united ,states ports of entry and customs regions within the customs territory of the ,united ,states during the year preceding the report4 7b7 ,illegal drug control laws specified ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 after consultation with the ,committees-- 7#a7 shall1 not later than #ahj days after the date of the enactment of the ,trade ,facilitation and ,trade ,enforcement ,reauthorization ,act of #bjac1 prepare a list of those provisions of the illegal drug control laws of the ,united ,states with respect to which the ,u4,s4 ,customs and ,border ,protection ,agency and the ,u4,s4 ,immigration and ,customs ,enforcement ,agency have enforcement responsibility and to which the reports required by subsection 7a7 will apply2 and 7#b7 may periodically update the list developed under paragraph 7#a71 as warranted4 7c7 ,enforcement strategy ,not later than #ij days after submitting a report under subsection 7a71 the ,commissioner of ,u4,s4 ,customs and ,border ,protection and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall jointly-- 7#a7 develop or update a strategy for enforcing the illegal drug control laws specified in subsection 7b7 in a nationally uniform manner and addressing the violations estimated in the report during the period covered by the report2 and 7#b7 submit to the chairperson and ranking member of each of the ,committees a confidential report setting forth the details of the strategy described in paragraph 7#a74 7d7 ,confidentiality ,the contents of any report submitted to the chairperson and ranking member of each of the ,committees under subsection 7a7 or 7c7 are confidential and the disclosure of the contents is restricted to-- 7#a7 officers and employees of the ,united ,states designated by the ,commissioner of ,u4,s4 ,customs and ,border ,protection or the ,director of ,u4,s4 ,customs and ,immigration ,enforcement to have access to the contents of the report2 7#b7 the chairperson and ranking member of each of the ,committees2 and 7#c7 such ,members of ,congress and staff of such ,members as the chairperson or ranking member of either of the ,committees may authorize to have access to the contents of the report4 4 7b7 ,conforming amendment ,the table of contents for the ,customs and ,trade ,act of #aiij is amended by striking the item relating to section #abc and inserting the following3 ,sec4 #abc4 ,annual illegal drug control law enforcement strategy4 4 #bac4 ,report on oversight of revenue protection and enforcement measures by the inspector general ,not later than ,june #cj1 #bjae1 the ,inspector ,general of the ,department of the ,treasury shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report assessing the following3 7#a7 ,the effectiveness of the measures taken by the ,u4,s4 ,customs and ,border ,protection ,agency with respect to revenue protection1 including-- 7,a7 the collection of countervailing and antidumping duties2 7,b7 the assessment and collection of commercial fines and penalties2 and 7,c7 the adequacy of the policies of the ,agency with respect to monitoring and tracking of merchandise transported in bond and collecting duties1 as appropriate4 7#b7 ,the effectiveness of actions taken by the ,agency to measure accountability and performance with respect to revenue protection4 7#c7 ,the number of entries resulting in the underpayment of duties and a summary of the actions taken to address the underpayment of duties4 7#d7 ,the effectiveness of training with respect to the collection of duties provided for personnel of the ,agency4 #bad4 ,report on security and revenue measures with respect to merchandise transported in bond 7a7 ,in general ,not later than ,december #ca of #bjad1 #bjae1 and #bjaf1 the ,secretary of ,homeland ,security and the ,secretary of the ,treasury shall jointly submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report on efforts undertaken by the ,u4,s4 ,customs and ,border ,protection ,agency to ensure the secure transportation of merchandise in bond through the ,united ,states and the collection of revenue owed upon the entry of such merchandise into the ,united ,states for consumption4 7b7 ,contents ,the report required by subsection 7a7 shall include information1 for the #b fiscal years preceding the submission of the report1 on-- 7#a7 the overall number of entries of merchandise for transportation in bond through the ,united ,states2 7#b7 the ports at which merchandise arrives in the ,united ,states for transportation in bond and at which records of the arrival of such merchandise are generated2 7#c7 the average time taken to reconcile such records with the records at the final destination of the merchandise in the ,united ,states to demonstrate that the merchandise reaches its final destination or is reexported2 7#d7 the average time taken to transport merchandise in bond from the port at which the merchandise arrives in the ,united ,states to the final destination of the merchandise in the ,united ,states2 7#e7 the total amount of duties1 taxes1 and fees owed with respect to shipments of merchandise transported in bond and the total amount of such duties1 taxes1 and fees paid2 7#f7 the total number of notifications by carriers of merchandise being transported in bond that the destination of the merchandise has changed while in transit in the ,united ,states2 and 7#g7 the number of entries that remain unreconciled4 #bae4 ,importer of record program 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall establish an importer of record program to assign and maintain importer of record numbers4 7b7 ,requirements ,the ,secretary of ,homeland ,security shall ensure that1 as part of the importer of record program1 the ,u4,s4 ,customs and ,border ,protection ,agency-- 7#a7 develops criteria that importers must meet in order to obtain an importer of record number2 7#b7 provides a process by which importers are assigned importer of record numbers2 7#c7 maintains a centralized database of importer of record numbers1 including a history of importer of record numbers associated with each importer2 7#d7 evaluates the accuracy of the database on a regular basis2 and 7#e7 takes measures to ensure that duplicate importer of record numbers are not issued to the same importer4 7c7 ,report ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report on the importer of record program established under subsection 7a74 7d7 ,number defined ,in this subsection1 the term number1 with respect to an importer of record1 means a filing identification number described in section #bd4e of title #ai1 ,code of ,federal ,regulations 7or any corresponding similar regulation74 #b ,import health and safety #bba4 ,interagency ,import ,safety ,working ,group 7a7 ,establishment ,there is established an interagency ,import ,safety ,working ,group4 7b7 ,membership ,the interagency ,import ,safety ,working ,group shall consist of the following officials or their designees3 7#a7 ,the ,secretary of ,homeland ,security1 who shall serve as the ,chair4 7#b7 ,the ,secretary of ,health and ,human ,services1 who shall serve as the ,vice ,chair4 7#c7 ,the ,secretary of the ,treasury4 7#d7 ,the ,secretary of ,commerce4 7#e7 ,the ,secretary of ,agriculture4 7#f7 ,the ,united ,states ,trade ,representative4 7#g7 ,the ,director of the ,office of ,management and ,budget4 7#h7 ,the ,commissioner of ,food and ,drugs4 7#i7 ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#aj7 ,the ,chairman of the ,consumer ,product ,safety ,commission4 7#aa7 ,the ,director of ,u4,s4 ,immigration and ,customs ,enforcement4 7#ab7 ,the head of any other ,federal agency designated by the ,president to participate in the interagency ,import ,safety ,working ,group1 as appropriate4 7c7 ,duties ,the duties of the interagency ,import ,safety ,working ,group shall include-- 7#a7 consulting on the development of the joint import safety rapid response plan required by section #bbb2 7#b7 periodically evaluating the adequacy of the plans1 practices1 and resources of the ,federal ,government dedicated to ensuring the safety of merchandise imported in the ,united ,states and the expeditious entry of such merchandise1 including-- 7,a7 minimizing the duplication of efforts among agencies the heads of which are members of the interagency ,import ,safety ,working ,group and ensuring the compatibility of the policies and regulations of those agencies2 and 7,b7 recommending additional administrative actions1 as appropriate1 designed to ensure the safety of merchandise imported into the ,united ,states and the expeditious entry of such merchandise and considering the impact of those actions on private sector entities2 7#c7 reviewing the engagement and cooperation of foreign governments and foreign manufacturers in facilitating the inspection and certification1 as appropriate1 of such merchandise to be imported into the ,united ,states and the facilities producing such merchandise to ensure the safety of the merchandise and the expeditious entry of the merchandise into the ,united ,states2 and 7#d7 identifying best practices1 in consultation with private sector entities as appropriate1 to assist ,united ,states importers in taking all appropriate steps to ensure the safety of merchandise imported into the ,united ,states1 including with respect to-- 7,a7 the inspection of manufacturing facilities in foreign countries2 7,b7 the inspection of merchandise destined for the ,united ,states before exportation from a foreign country or before distribution in the ,united ,states2 and 7,c7 the protection of the international supply chain 7as defined in section #b of the ,security and ,accountability ,for ,every ,port ,act of #bjjf 7#f ,u4,s4,c4 #ija772 7#e7 identifying best practices to assist ,federal1 ,state1 and local governments and agencies1 and port authorities1 to improve communication and coordination among such agencies and authorities with respect to ensuring the safety of merchandise imported into the ,united ,states and the expeditious entry of such merchandise2 and 7#f7 otherwise identifying appropriate steps to increase the accountability of ,united ,states importers and the engagement of foreign government agencies with respect to ensuring the safety of merchandise imported into the ,united ,states and the expeditious entry of such merchandise4 #bbb4 ,joint import safety rapid response plan 7a7 ,in general ,not later than ,december #ca1 #bjad1 the ,secretary of ,homeland ,security1 in consultation with the interagency ,import ,safety ,working ,group1 shall develop a plan 7to be known as the joint import safety rapid response plan7 that sets forth protocols and defines practices for the ,u4,s4 ,customs and ,border ,protection ,agency to use-- 7#a7 in taking action in response to1 and coordinating ,federal responses to1 an incident in which cargo destined for or merchandise entering the ,united ,states has been identified as posing a threat to the health or safety of consumers in the ,united ,states2 and 7#b7 in recovering from or mitigating the effects of actions and responses to an incident described in paragraph 7#a74 7b7 ,contents ,the joint import safety rapid response plan shall address-- 7#a7 the statutory and regulatory authorities and responsibilities of the ,u4,s4 ,customs and ,border ,protection ,agency and other ,federal agencies in responding to an incident described in subsection 7a77#a72 7#b7 the protocols and practices to be used by the ,agency when taking action in response to1 and coordinating ,federal responses to1 such an incident2 7#c7 the measures to be taken by the ,agency and other ,federal agencies in recovering from or mitigating the effects of actions taken in response to such an incident after the incident to ensure the resumption of the entry of merchandise into the ,united ,states2 and 7#d7 exercises that the ,agency may conduct in conjunction with ,federal1 ,state1 and local agencies1 and private sector entities1 to simulate responses to such an incident4 7c7 ,updates of plan ,the ,secretary of ,homeland ,security shall review and update the joint import safety rapid response plan1 as appropriate1 after conducting exercises under subsection 7d74 7d7 ,import health and safety exercises 7#a7 ,in general ,the ,secretary of ,homeland ,security and the ,commissioner shall periodically engage in the exercises referred to in subsection 7b77#d71 in conjunction with ,federal1 ,state1 and local agencies and private sector entities1 as appropriate1 to test and evaluate the protocols and practices identified in the joint import safety rapid response plan at ,united ,states ports of entry4 7#b7 ,requirements for exercises ,in conducting exercises under paragraph 7#a71 the ,secretary and the ,commissioner shall-- 7,a7 make allowance for the resources1 needs1 and constraints of ,united ,states ports of entry of different sizes in representative geographic locations across the ,united ,states2 7,b7 base evaluations on current risk assessments of merchandise entering the ,united ,states at representative ,united ,states ports of entry located across the ,united ,states2 7,c7 ensure that such exercises are conducted in a manner consistent with the ,national ,incident ,management ,system1 the ,national ,response ,plan1 the ,national ,infrastructure ,protection ,plan1 the ,national ,preparedness ,guidelines1 the ,maritime ,transportation ,system ,security ,plan1 and other such national initiatives of the ,department of ,homeland ,security1 as appropriate2 and 7,d7 develop metrics with respect to the resumption of the entry of merchandise into the ,united ,states after an incident described in subsection 7a77#a74 7#c7 ,requirements for testing and evaluation ,the ,secretary and the ,commissioner shall ensure that the testing and evaluation carried out in conducting exercises under paragraph 7#a7-- 7,a7 are performed using clear and objective performance measures2 and 7,b7 result in the identification of specific recommendations or best practices for responding to an incident described in subsection 7a77#a74 7#d7 ,dissemination of recommendations and best practices ,the ,secretary and the ,commissioner shall-- 7,a7 share the recommendations or best practices identified under paragraph 7#c77;,b7 among the members of the interagency ,import ,safety ,working ,group and with1 as appropriate-- 7i7 ,state1 local1 and tribal governments2 7ii7 foreign governments2 and 7iii7 private sector entities2 and 7,b7 use such recommendations and best practices to update the joint import safety rapid response plan4 #bbc4 ,training ,the ,commissioner shall ensure that personnel of the ,u4,s4 ,customs and ,border ,protection ,agency assigned to ,united ,states ports of entry are trained to effectively administer the provisions of this chapter and to otherwise assist in ensuring the safety of merchandise imported into the ,united ,states and the expeditious entry of such merchandise4 #c ,import-,related protection of intellectual property rights ,a ,national ,intellectual ,property ,rights ,coordination ,center #bca4 ,national ,intellectual ,property ,rights ,coordination ,center 7a7 ,establishment ,the ,secretary of ,homeland ,security shall-- 7#a7 establish within the ,u4,s4 ,immigration and ,customs ,enforcement ,agency a ,national ,intellectual ,property ,rights ,coordination ,center2 and 7#b7 appoint an ,assistant ,director to head the ,national ,intellectual ,property ,rights ,coordination ,center4 7b7 ,duties ,the ,assistant ,director of the ,national ,intellectual ,property ,rights ,coordination ,center shall-- 7#a7 coordinate the investigation of sources of merchandise that infringes intellectual property rights to identify organizations that produce1 smuggle1 or distribute such merchandise2 7#b7 coordinate training with other domestic and international law enforcement agencies on investigative best practices-- 7,a7 to develop and expand the capability of such agencies to enforce intellectual property rights2 and 7,b7 to develop metrics to assess whether the training improved enforcement of intellectual property rights2 7#c7 coordinate1 with the ,u4,s4 ,customs and ,border ,protection ,agency1 activities conducted by the ,united ,states to prevent the importation or exportation of merchandise that infringes intellectual property rights2 7#d7 support the international interdiction of merchandise destined for the ,united ,states that infringes intellectual property rights2 7#e7 collect and integrate information regarding infringements of intellectual property rights from domestic and international law enforcement agencies and other non-,federal sources2 7#f7 develop a single platform or portal to receive information regarding infringements of intellectual property rights from such agencies and other sources and a database to organize and search that information2 7#g7 disseminate information regarding infringements of intellectual property rights to other ,federal agencies1 as appropriate2 7#h7 develop and implement risk-based alert systems to be shared with the ,u4,s4 ,customs and ,border ,protection ,agency to improve the targeting of persons that repeatedly infringe intellectual property rights2 7#i7 coordinate with the ,united ,states attorneys' offices to develop expertise in1 and assist with the investigation and prosecution of1 crimes relating to the infringement of intellectual property rights2 and 7#aj7 carry out such other duties as the ,secretary of ,homeland ,security may assign4 7c7 ,coordination with other agencies ,in carrying out the duties described in subsection 7b71 the ,assistant ,director of the ,national ,intellectual ,property ,rights ,coordination ,center shall coordinate with-- 7#a7 the ,u4,s4 ,customs and ,border ,protection ,agency2 7#b7 the ,food and ,drug ,administration2 7#c7 the ,department of ,justice2 7#d7 the ,department of ,commerce1 including the ,united ,states ,patent and ,trademark ,office2 7#e7 the ,united ,states ,postal ,inspection ,service2 7#f7 the ,office of the ,united ,states ,trade ,representative2 7#g7 any ,federal1 ,state1 local1 or international law enforcement agencies the ,director of ,u4,s4 ,immigration and ,customs ,enforcement considers appropriate2 and 7#h7 any other entities the ,director considers appropriate4 7d7 ,private sector outreach 7#a7 ,in general ,the ,assistant ,director of the ,national ,intellectual ,property ,rights ,coordination ,center shall work with the ,u4,s4 ,customs and ,border ,protection ,agency and other ,federal agencies to conduct outreach to private sector entities to determine trends in and methods of infringing intellectual property rights4 7#b7 ,information sharing ,the ,assistant ,director shall share information and best practices with respect to the enforcement of intellectual property rights with private sector entities1 as appropriate1 to coordinate public and private sector efforts to combat the infringement of intellectual property rights4 ,b ,amendments to the ,tariff ,act of #aicj #bda4 ,provision to rights owners of information about and samples of merchandise suspected of infringing trademarks or copyrights ,the ,tariff ,act of #aicj is amended by inserting after section #ebf 7#ai ,u4,s4,c4 #aebf7 the following3 #ebf;,a4 ,provision to rights owners of information about and samples of merchandise suspected of infringing trademarks or copyrights 7a7 ,in general ,subject to subsections 7c7 and 7d71 if the ,commissioner of ,u4,s4 ,customs and ,border ,protection suspects that merchandise is being imported into the ,united ,states in violation of section #ebf or section #fjb1 #abja7;a77#a71 or #abja7;b77#a7 of title #ag1 ,united ,states ,code1 and determines that the examination or testing of the merchandise by a person described in subsection 7b7 would assist the ,commissioner in determining if the merchandise is being imported in violation of that section1 the ,commissioner1 to permit the person to conduct the examination and testing-- 7#a7 shall provide to the person information that appears on the merchandise and its packaging and labels1 including unredacted images of the merchandise and its packaging and labels2 and 7#b7 may1 subject to any applicable bonding requirements1 provide to the person unredacted samples of the merchandise4 7b7 ,person described ,a person described in this subsection is-- 7#a7 in the case of merchandise suspected of being imported in violation of section #ebf1 the owner of the trademark suspected of being copied or simulated by the merchandise2 7#b7 in the case of merchandise suspected of being imported in violation of section #fjb of title #ag1 ,united ,states ,code1 the owner of the copyright suspected of being infringed by the merchandise2 7#c7 in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under that title1 and being imported in violation of section #abja7;a77#b7 of that title1 the owner of a copyright in the work2 and 7#d7 in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of an owner of a copyright in a work or a portion of a work1 and being imported in violation of section #abja7;b77#a7 of that title1 the owner of the copyright4 7c7 ,limitation ,subsection 7a7 applies only with respect to merchandise suspected of infringing a trademark or copyright that is recorded with the ,u4,s4 ,customs and ,border ,protection ,agency4 7d7 ,exception ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may not provide under subsection 7a7 information1 photographs1 or samples to a person described in subsection 7b7 if providing such information1 photographs1 or samples would compromise an ongoing law enforcement investigation or national security4 4 #bdb4 ,enforcement by the ,u4,s4 ,customs and ,border ,protection ,agency of works for which a copyright registration is pending ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall establish a process pursuant to which the ,commissioner shall enforce a copyright for which the owner has submitted an application for registration under title #ag1 ,united ,states ,code1 with the ,copyright ,office of the ,library of ,congress to the same extent and in the same manner as if the copyright were registered with the ,copyright ,office1 including by sharing information1 images1 and samples of merchandise suspected of infringing the copyright under section #ebf;,a of the ,tariff ,act of #aicj1 as added by section #bda4 #bdc4 ,seizure of circumvention devices 7a7 ,in general ,section #eif7;c77#b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeie;a7c77#b77 is amended-- 7#a7 in subparagraph 7,e71 by striking or2 7#b7 in subparagraph 7,f71 by striking the period and inserting 2 or2 and 7#c7 by adding at the end the following3 7,g7 the ,u4,s4 ,customs and ,border ,protection ,agency determines it is a technology1 product1 service1 device1 component1 or part thereof the importation of which is prohibited under subsection 7a77#b7 or 7b77#a7 of section #abja of title #ag1 ,united ,states ,code4 4 7b7 ,publication 7#a7 ,in general ,except as provided in paragraph 7#b71 not later than #cj days after seizing merchandise pursuant to subparagraph 7,g7 of section #eif7;c77#b7 of the ,tariff ,act of #aicj1 as added by subsection 7a71 the ,commissioner shall publish on the ,internet website of the ,u4,s4 ,customs and ,border ,protection ,agency information regarding the merchandise seized to permit any person to identify the merchandise and determine whether the merchandise is-- 7,a7 a technology1 product1 service1 device1 component1 or part thereof described in section #abja7;a77#b7 of title #ag1 ,united ,states ,code1 that-- 7i7 is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work for which the person has a copyright that is registered under title #ag1 ,united ,states ,code1 or that is otherwise recorded with the ,agency2 7ii7 has only limited commercially significant purpose or use other than to circumvent such a technological measure2 or 7iii7 is marketed for use in circumventing such a technological measure2 or 7,b7 a technology1 product1 service1 device1 component1 or part thereof described in section #abja7;b77#a7 of title #ag1 ,united ,states ,code1 that-- 7i7 is primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of the person in a work or a portion of a work that is registered under title #ag1 ,united ,states ,code1 or that is otherwise recorded with the ,agency2 7ii7 has only limited commercially significant purpose or use other than to circumvent protection afforded by such a technological measure2 or 7iii7 is marketed for use in circumventing protection afforded such a technological measure4 7#b7 ,exception ,the ,commissioner may not publish information under paragraph 7#a7 if publishing that information would compromise an ongoing law enforcement investigation or national security4 7c7 ,application ,not later than #cj days after publishing the information required under subsection 7b7 with respect to seized merchandise1 any person that determines that the seized merchandise is merchandise that infringes a right of the person as described in subsection 7b7 7or an agent of such a person7 may submit to the ,u4,s4 ,customs and ,border ,protection ,agency an application that-- 7#a7 identifies the person as a person that holds such a right 7or an agent of such a person72 and 7#b7 requests the information described in subsection 7d74 7d7 ,disclosure ,subject to subsection 7f71 the ,commissioner shall disclose to a person that submitted an application described in subsection 7c7 with respect to seized merchandise the following information3 7#a7 ,the date of importation of the seized merchandise4 7#b7 ,the ,united ,states port of entry at which the merchandise was seized4 7#c7 ,a description of the merchandise4 7#d7 ,the quantity of merchandise seized4 7#e7 ,the country of origin of the merchandise4 7#f7 ,the name and address of the foreign manufacturer of the merchandise4 7#g7 ,the name and address of the exporter of the merchandise4 7#h7 ,the name and address of the importer of the merchandise4 7e7 ,expedited disclosure ,subject to subsection 7f71 the ,commissioner may1 on an expedited basis1 disclose information pursuant to subsection 7d7 with respect to merchandise seized pursuant to subparagraph 7,g7 of section #ebf7;c77#b7 of the ,tariff ,act of #aicj1 as added by subsection 7a71 and with respect to which information is published pursuant to subsection 7b71 to a person that has previously submitted an application under subsection 7c7 with respect to such merchandise4 7f7 ,limitation on disclosure ,the ,commissioner may not disclose information under subsection 7d7 or 7e7 with respect to merchandise seized pursuant to subparagraph 7,g7 of section #ebf7;c77#b7 of the ,tariff ,act of #aicj1 as added by subsection 7a71 until the ,commissioner has made a final determination with respect to whether the merchandise is a technology1 product1 service1 device1 component1 or part thereof the importation of which is prohibited under subsection 7a77#b7 or 7b77#a7 of section #abja of title #ag1 ,united ,states ,code4 ,c ,other matters #bea4 ,definition of intellectual property rights ,in this subchapter1 the term intellectual property rights refers to copyrights1 trademarks1 and other forms of intellectual property rights that are enforced by the ,u4,s4 ,customs and ,border ,protection ,agency or the ,u4,s4 ,immigration and ,customs ,enforcement ,agency4 #beb4 ,joint strategic plan for the enforcement of intellectual property rights ,the ,commissioner and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall include in the joint strategic plan on trade facilitation and trade enforcement required by section #abc;,a of the ,customs and ,trade ,act of #aiij1 as amended by section #aca-- 7#a7 a description of the efforts of the ,department of ,homeland ,security to enforce intellectual property rights2 7#b7 a list of the #aj ,united ,states ports of entry at which the ,u4,s4 ,customs and ,border ,protection ,agency has seized the most merchandise1 both by volume and by value1 that infringes intellectual property rights during the most recent #b-year period for which data are available2 and 7#c7 a recommendation for the optimal allocation of personnel1 resources1 and technology to ensure that the ,u4,s4 ,customs and ,border ,protection ,agency and the ,u4,s4 ,immigration and ,customs ,enforcement ,agency are adequately enforcing intellectual property rights4 #bec4 ,personnel dedicated to the enforcement of intellectual property rights 7a7 ,personnel of the ,u4,s4 ,customs and ,border ,protection ,agency ,the ,commissioner and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall ensure that sufficient personnel are assigned throughout the ,u4,s4 ,customs and ,border ,protection ,agency and the ,u4,s4 ,immigration and ,customs ,enforcement ,agency1 respectively1 who have responsibility for preventing the importation of merchandise that infringes intellectual property rights into the ,united ,states4 7b7 ,staffing of ,national ,intellectual ,property ,rights ,coordination ,center ,the ,commissioner shall-- 7#a7 assign not fewer than #c full-time employees of the ,u4,s4 ,customs and ,border ,protection ,agency to the ,national ,intellectual ,property ,rights ,coordination ,center established under section #bca2 and 7#b7 ensure that sufficient personnel are assigned to ,united ,states ports of entry to carry out the directives of the ,center4 #bed4 ,training with respect to the enforcement of intellectual property rights 7a7 ,training ,the ,commissioner shall ensure that officers of the ,u4,s4 ,customs and ,border ,protection ,agency are trained to effectively detect and identify merchandise destined for the ,united ,states that infringes intellectual property rights1 including through the use of technologies identified under subsection 7c74 7b7 ,consultation with private sector ,the ,commissioner shall consult with private sector entities to better identify opportunities for collaboration between the ,u4,s4 ,customs and ,border ,protection ,agency and such entities with respect to training for officers of the ,agency to enforce intellectual property rights4 7c7 ,identification of new technologies ,in consultation with private sector entities1 the ,commissioner shall identify-- 7#a7 technologies with the cost-effective capability to detect and identify merchandise at ,united ,states ports of entry that infringes intellectual property rights2 and 7#b7 cost-effective programs for training officers of the ,u4,s4 ,customs and ,border ,protection ,agency to use such technologies4 7d7 ,donations of technology ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner shall promulgate regulations to enable the ,u4,s4 ,customs and ,border ,protection ,agency to receive donations of hardware1 software1 equipment1 and similar technologies1 and to accept training and other support services from private sector entities1 for the purpose of enforcing intellectual property rights4 #bee4 ,information for travelers regarding violations of intellectual property rights 7a7 ,in general ,the ,secretary of ,homeland ,security shall develop and carry out an educational campaign to inform travelers entering or leaving the ,united ,states about the legal1 economic1 and public health and safety implications of acquiring merchandise that infringes intellectual property rights outside the ,united ,states and importing such merchandise into the ,united ,states in violation of ,united ,states law4 7b7 ,declaration forms ,the ,commissioner shall ensure that all versions of ,declaration ,form #fjei;,b of the ,u4,s4 ,customs and ,border ,protection ,agency1 or a successor form1 printed on or after the date that is #cj days after the date of the enactment of this ,act include a written warning to inform travelers arriving in the ,united ,states that importation of merchandise into the ,united ,states that infringes intellectual property rights may subject travelers to civil or criminal penalties and may pose serious risks to safety or health4 #bef4 ,international cooperation and information sharing 7a7 ,cooperation ,the ,secretary of ,homeland ,security shall coordinate with the competent law enforcement and customs authorities of foreign countries1 including by sharing information relevant to enforcement actions1 to enhance the efforts of ,united ,states and such authorities to enforce intellectual property rights4 7b7 ,technical ,assistance ,the ,secretary of ,homeland ,security shall provide technical assistance to competent law enforcement and customs authorities of foreign countries to enhance the ability of such authorities to enforce intellectual property rights4 7c7 ,interagency collaboration ,the ,commissioner and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall lead interagency efforts to collaborate with law enforcement and customs authorities of foreign countries to enforce intellectual property rights4 #beg4 ,sense of ,congress regarding recordation process ,it is the sense of ,congress that the ,commissioner should work with the ,under ,secretary for ,intellectual ,property and ,director of the ,united ,states ,patent and ,trademark ,office of the ,department of ,commerce and the ,register of ,copyrights of the ,library of ,congress to consider a system under which-- 7#a7 a trademark may be recorded with the ,u4,s4 ,customs and ,border ,protection ,agency simultaneously with the issuance of trademark registration by the ,united ,states ,patent and ,trademark ,office2 and 7#b7 a copyright may be recorded with the ,u4,s4 ,customs and ,border ,protection ,agency simultaneously with the registration of a copyright by the ,register of ,copyrights4 #beh4 ,report on intellectual property rights enforcement ,not later than ,june #cj1 #bjad1 and annually thereafter1 the ,commissioner and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement shall jointly submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report that contains the following3 7#a7 ,with respect to the enforcement of intellectual property rights1 the following3 7,a7 ,the number of referrals from the ,u4,s4 ,customs and ,border ,protection ,agency to the ,u4,s4 ,immigration and ,customs ,enforcement ,agency relating to infringements of intellectual property rights during the preceding year4 7,b7 ,the number of investigations relating to the infringement of intellectual property rights referred by the ,u4,s4 ,immigration and ,customs ,enforcement ,agency to a ,united ,states ,attorney's office for prosecution and the ,united ,states ,attorneys' offices to which those investigations were referred4 7,c7 ,the number of such investigations accepted by each such ,united ,states ,attorney's office and the status or outcome of each such investigation4 7,d7 ,the number of such investigations that resulted in the imposition of civil or criminal penalties4 7,e7 ,a description of the efforts of the ,u4,s4 ,custom and ,border ,protection ,agency and the ,u4,s4 ,immigration and ,customs ,enforcement ,agency to improve the success rates of investigations and prosecutions relating to the infringement of intellectual property rights4 7#b7 ,an estimate of the average time required by the ,office of ,trade of the ,u4,s4 ,customs and ,border ,protection ,agency to respond to a request from port personnel for advice with respect to whether merchandise detained by the ,agency infringed intellectual property rights1 distinguished by types of intellectual property rights infringed4 7#c7 ,a summary of the outreach efforts of the ,u4,s4 ,customs and ,border ,protection ,agency and the ,u4,s4 ,immigration and ,customs ,enforcement ,agency with respect to-- 7,a7 the interdiction and investigation of1 and the sharing of information between those ,agencies and other ,federal agencies to prevent the infringement of intellectual property rights2 7,b7 collaboration with private sector entities-- 7i7 to identify trends in the infringement of1 and technologies that infringe1 intellectual property rights2 7ii7 to identify opportunities for enhanced training of officers of those ,agencies2 and 7iii7 to develop best practices to enforce intellectual property rights2 and 7,c7 coordination with foreign governments and international organizations with respect to the enforcement of intellectual property rights4 7#d7 ,a summary of the efforts of the ,u4,s4 ,customs and ,border ,protection ,agency and the ,u4,s4 ,immigration and ,customs ,enforcement ,agency to address the challenges with respect to the enforcement of intellectual property rights presented by ,internet commerce and the transit of small packages and an identification of the volume1 value1 and type of merchandise seized for infringing intellectual property rights as a result of such efforts4 7#e7 ,a summary of training relating to the enforcement of intellectual property rights conducted under section #bed and expenditures for such training4 #d ,coordination of trade enforcement priorities #bfa4 ,establishment of priority trade enforcement coordination centers ,the ,secretary of ,homeland ,security may establish in the ,u4,s4 ,immigration and ,customs ,enforcement ,agency additional enforcement coordination centers-- 7#a7 to address the issues relating to trade enforcement designated as priority trade issues in the joint strategic plan on trade facilitation and trade enforcement required by section #abc;,a of the ,customs and ,trade ,act of #aiij1 as added by section #aca2 and 7#b7 that are modeled on the structure of the ,national ,intellectual ,property ,rights ,coordination ,center established under section #bca4 ,,iii ,evasion of antidumping and countervailing duty orders #cja4 ,short title ,this title may be cited as the ,enforcing ,orders and ,reducing ,customs ,evasion ,act of #bjac4 #cjb4 ,procedures for investigating claims of evasion of antidumping and countervailing duty orders 7a7 ,in general ,the ,tariff ,act of #aicj is amended by inserting after section #eaf;,a 7#ai ,u4,s4,c4 #aeaf;a7 the following3 #eag4 ,procedures for investigating claims of evasion of antidumping and countervailing duty orders 7a7 ,definitions ,in this section3 7#a7 ,administering authority ,the term administering authority has the meaning given that term in section #gga7a74 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection1 acting pursuant to the delegation by the ,secretary of the ,treasury of the authority of the ,secretary with respect to customs revenue functions 7as defined in section #dae of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #bae774 7#c7 ,covered merchandise ,the term covered merchandise means merchandise that is subject to-- 7,a7 an antidumping duty order issued under section #gcf2 7,b7 a finding issued under the ,antidumping ,act1 #aiba2 or 7,c7 a countervailing duty order issued under section #gjf4 7#d7 ,enter2 entry ,the terms enter and entry refer to the entry1 or withdrawal from warehouse for consumption1 of merchandise in the customs territory of the ,united ,states4 7#e7 ,evasion 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term evasion refers to entering covered merchandise into the customs territory of the ,united ,states by means of any document or electronically transmitted data or information1 written or oral statement1 or act that is material and false1 or any omission that is material1 and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise4 7,b7 ,exception for clerical error 7i7 ,in general ,except as provided in clause 7ii71 the term evasion does not include entering covered merchandise into the customs territory of the ,united ,states by means of-- 7,i7 a document or electronically transmitted data or information1 written or oral statement1 or act that is false as a result of a clerical error2 or 7,,ii7 an omission that results from a clerical error4 7ii7 ,patterns of negligent conduct ,if the ,commissioner determines that a person has entered covered merchandise into the customs territory of the ,united ,states by means of a clerical error referred to in subclause 7,i7 or 7,,ii7 of clause 7i7 and that the clerical error is part of a pattern of negligent conduct on the part of that person1 the ,commissioner may determine1 notwithstanding clause 7i71 that the person has entered such covered merchandise into the customs territory of the ,united ,states through evasion4 7iii7 ,electronic repetition of errors ,for purposes of clause 7ii71 the mere nonintentional repetition by an electronic system of an initial clerical error does not constitute a pattern of negligent conduct4 7iv7 ,rule of construction ,a determination by the ,commissioner that a person has entered covered merchandise into the customs territory of the ,united ,states by means of a clerical error referred to in subclause 7,i7 or 7,,ii7 of clause 7i7 rather than through evasion shall not be construed to excuse that person from the payment of any duties applicable to the merchandise4 7b7 ,investigations 7#a7 ,in general ,not later than #aj business days after receiving an allegation described in paragraph 7#b7 or a referral described in paragraph 7#c71 the ,commissioner shall initiate an investigation if the ,commissioner determines that the information provided in the allegation or the referral1 as the case may be1 reasonably suggests that covered merchandise has been entered into the customs territory of the ,united ,states through evasion4 7#b7 ,allegation described ,an allegation described in this paragraph is an allegation that a person has entered covered merchandise into the customs territory of the ,united ,states through evasion that is-- 7,a7 filed with the ,commissioner by a person that is a producer in the ,united ,states of merchandise-- 7i7 that is like1 or in the absence of like1 most similar in characteristics and uses with1 such covered merchandise2 or 7ii7 into which merchandise described in clause 7i7 is incorporated2 and 7,b7 accompanied by information reasonably available to the person that filed the allegation4 7#c7 ,referral described ,a referral described in this paragraph is information submitted to the ,commissioner by any other ,federal agency1 including the ,department of ,commerce or the ,united ,states ,international ,trade ,commission1 that reasonably suggests that a person has entered covered merchandise into the customs territory of the ,united ,states through evasion4 7#d7 ,consolidation of allegations and referrals 7,a7 ,in general ,the ,commissioner may consolidate multiple allegations described in paragraph 7#b7 and referrals described in paragraph 7#c7 into a single investigation if the ,commissioner determines it is appropriate to do so4 7,b7 ,effect on timing requirements ,if the ,commissioner consolidates multiple allegations or referrals into a single investigation under subparagraph 7,a71 the date on which the ,commissioner receives the first such allegation or referral shall be used for purposes of the requirement under paragraph 7#a7 with respect to the timing of the initiation of the investigation4 7#e7 ,information-sharing to protect health and safety ,if1 during the course of conducting an investigation under paragraph 7#a7 with respect to covered merchandise1 the ,commissioner has reason to suspect that such covered merchandise may pose a health or safety risk to consumers1 the ,commissioner shall provide1 as appropriate1 information to the appropriate ,federal agencies for purposes of mitigating the risk4 7c7 ,determinations 7#a7 ,in general ,not later than #bgj calendar days after the date on which the ,commissioner initiates an investigation under subsection 7b7 with respect to covered merchandise1 the ,commissioner shall make a determination1 based on substantial evidence1 with respect to whether such covered merchandise was entered into the customs territory of the ,united ,states through evasion4 7#b7 ,authority to collect and verify additional information ,in making a determination under paragraph 7#a7 with respect to covered merchandise1 the ,commissioner may collect such additional information as is necessary to make the determination through such methods as the ,commissioner considers appropriate1 including by-- 7,a7 issuing a questionnaire with respect to such covered merchandise to-- 7i7 a person that filed an allegation under paragraph 7#b7 of subsection 7b7 that resulted in the initiation of an investigation under paragraph 7#a7 of that subsection with respect to such covered merchandise2 7ii7 a person alleged to have entered such covered merchandise into the customs territory of the ,united ,states through evasion2 7iii7 a person that is a foreign producer or exporter of such covered merchandise2 or 7iv7 the government of a country from which such covered merchandise was exported2 and 7,b7 conducting verifications1 including on-site verifications1 of any relevant information4 7#c7 ,adverse inference ,if the ,commissioner finds that a person described in clause 7i71 7ii71 or 7iii7 of paragraph 7#b77;,a7 has failed to cooperate by not acting to the best of the person's ability to comply with a request for information1 the ,commissioner may1 in making a determination under paragraph 7#a71 use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to make the determination4 7#d7 ,notification ,not later than #e business days after making a determination under paragraph 7#a7 with respect to covered merchandise1 the ,commissioner-- 7,a7 shall provide to each person that filed an allegation under paragraph 7#b7 of subsection 7b7 that resulted in the initiation of an investigation under paragraph 7#a7 of that subsection with respect to such covered merchandise a notification of the determination and may1 in addition1 include an explanation of the basis for the determination2 and 7,b7 may provide to importers1 in such manner as the ,commissioner determines appropriate1 information discovered in the investigation that the ,commissioner determines will help educate importers with respect to importing merchandise into the customs territory of the ,united ,states in accordance with all applicable laws and regulations4 7d7 ,effect of determinations 7#a7 ,in general ,if the ,commissioner makes a determination under subsection 7c7 that covered merchandise was entered into the customs territory of the ,united ,states through evasion1 the ,commissioner shall-- 7,a7 7i7 suspend the liquidation of unliquidated entries of such covered merchandise that are subject to the determination and that enter on or after the date of the initiation of the investigation under subsection 7b7 with respect to such covered merchandise and on or before the date of the determination2 or 7ii7 if the ,commissioner has already suspended the liquidation of such entries pursuant to subsection 7e77#a71 continue to suspend the liquidation of such entries2 7,b7 pursuant to the ,commissioner's authority under section #ejd7;b7-- 7i7 extend the period for liquidating unliquidated entries of such covered merchandise that are subject to the determination and that entered before the date of the initiation of the investigation2 or 7ii7 if the ,commissioner has already extended the period for liquidating such entries pursuant to subsection 7e77#a71 continue to extend the period for liquidating such entries2 7,c7 notify the administering authority of the determination and request that the administering authority-- 7i7 identify the applicable antidumping or countervailing duty assessment rates for entries described in subparagraphs 7,a7 and 7,b72 or 7ii7 if no such assessment rate for such an entry is available at the time1 identify the applicable cash deposit rate to be applied to the entry1 with the applicable antidumping or countervailing duty assessment rate to be provided as soon as that rate becomes available2 7,d7 require the posting of cash deposits and assess duties on entries described in subparagraphs 7,a7 and 7,b7 in accordance with the instructions received from the administering authority under paragraph 7#b72 and 7,e7 take such additional enforcement measures as the ,commissioner determines appropriate1 such as-- 7i7 initiating proceedings under section #eib or #eif2 7ii7 implementing1 in consultation with the relevant ,federal agencies1 rule sets or modifications to rules sets for identifying1 particularly through the ,automated ,targeting ,system and the ,automated ,commercial ,environment1 importers1 other parties1 and merchandise that may be associated with evasion2 7iii7 requiring1 with respect to merchandise for which the importer has repeatedly provided incomplete or erroneous entry summary information in connection with determinations of evasion1 the importer to deposit estimated duties at the time of entry2 and 7iv7 referring the record in whole or in part to the ,u4,s4 ,immigration and ,customs ,enforcement ,agency for civil or criminal investigation4 7#b7 ,cooperation of administering authority 7,a7 ,in general ,upon receiving a notification from the ,commissioner under paragraph 7#a77;,c71 the administering authority shall promptly provide to the ,commissioner the applicable cash deposit rates and antidumping or countervailing duty assessment rates and any necessary liquidation instructions4 7,b7 ,special rule for cases in which the producer or exporter is unknown ,if the ,commissioner and the administering authority are unable to determine the producer or exporter of the merchandise with respect to which a notification is made under paragraph 7#a77;,c71 the administering authority shall identify1 as the applicable cash deposit rate or antidumping or countervailing duty assessment rate1 the cash deposit or duty 7as the case may be7 in the highest amount applicable to any producer or exporter1 including the all-others rate of the merchandise subject to an antidumping order or countervailing duty order under section #gcf or #gjf1 respectively1 or a finding issued under the ,antidumping ,act1 #aiba1 or any administrative review conducted under section #gea4 7e7 ,interim measures ,not later than #ij calendar days after initiating an investigation under subsection 7b7 with respect to covered merchandise1 the ,commissioner shall decide based on the investigation if there is a reasonable suspicion that such covered merchandise was entered into the customs territory of the ,united ,states through evasion and1 if the ,commissioner decides there is such a reasonable suspicion1 the ,commissioner shall-- 7#a7 suspend the liquidation of each unliquidated entry of such covered merchandise that entered on or after the date of the initiation of the investigation2 7#b7 pursuant to the ,commissioner's authority under section #ejd7;b71 extend the period for liquidating each unliquidated entry of such covered merchandise that entered before the date of the initiation of the investigation2 and 7#c7 pursuant to the ,commissioner's authority under section #fbc1 take such additional measures as the ,commissioner determines necessary to protect the revenue of the ,united ,states1 including requiring a single transaction bond or additional security or the posting of a cash deposit with respect to such covered merchandise4 7f7 ,administrative review 7#a7 ,in general ,not later than #cj business days after the ,commissioner makes a determination under subsection 7c7 with respect to whether covered merchandise was entered into the customs territory of the ,united ,states through evasion1 a person determined to have entered such covered merchandise through evasion or a person that filed an allegation under paragraph 7#b7 of subsection 7b7 that resulted in the initiation of an investigation under paragraph 7#a7 of that subsection with respect to such covered merchandise may file an appeal with the ,commissioner for de novo review of the determination4 7#b7 ,timeline for review ,not later than #fj business days after an appeal of a determination is filed under paragraph 7#a71 the ,commissioner shall complete the review of the determination4 7g7 ,judicial review 7#a7 ,in general ,not later than #cj business days after the ,commissioner completes a review under subsection 7f7 of a determination under subsection 7c7 with respect to whether covered merchandise was entered into the customs territory of the ,united ,states through evasion1 a person determined to have entered such covered merchandise through evasion or a person that filed an allegation under paragraph 7#b7 of subsection 7b7 that resulted in the initiation of an investigation under paragraph 7#a7 of that subsection with respect to such covered merchandise may commence a civil action in the ,united ,states ,court of ,international ,trade by filing concurrently a summons and complaint contesting any factual findings or legal conclusions upon which the determination is based4 7#b7 ,standard of review ,in a civil action under this subsection1 the court shall hold unlawful any determination1 finding1 or conclusion found to be arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law4 7h7 ,rule of construction with respect to other civil and criminal proceedings and investigations ,no determination under subsection 7c7 or action taken by the ,commissioner pursuant to this section shall be construed to limit the authority to carry out1 or the scope of1 any other proceeding or investigation pursuant to any other provision of ,federal or ,state law1 including sections #eib and #eif4 4 7b7 ,conforming amendment ,section #aeha7;c7 of title #bh1 ,united ,states ,code1 is amended by inserting or #eag after #eaf;,a4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 7d7 ,regulations ,not later than the date that is #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall prescribe such regulations as may be necessary to implement the amendments made by this section4 7e7 ,application to ,canada and ,mexico ,pursuant to article #aijb of the ,north ,american ,free ,trade ,agreement and section #djh of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cdch71 the amendments made by this section shall apply with respect to goods from ,canada and ,mexico4 #cjc4 ,annual report on prevention and investigation of evasion of antidumping and countervailing duty orders 7a7 ,in general ,not later than ,january #ae of each calendar year that begins on or after the date that is #bgj days after the date of the enactment of this ,act1 the ,commissioner1 in consultation with the ,secretary of ,commerce and the ,director of ,u4,s4 ,immigration and ,customs ,enforcement1 shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report on the efforts being taken to prevent and investigate the entry of covered merchandise into the customs territory of the ,united ,states through evasion4 7b7 ,contents ,each report required under subsection 7a7 shall include-- 7#a7 for the calendar year preceding the submission of the report-- 7,a7 a summary of the efforts of the ,u4,s4 ,customs and ,border ,protection ,agency to prevent and investigate the entry of covered merchandise into the customs territory of the ,united ,states through evasion2 7,b7 the number of allegations of evasion received under subsection 7b7 of section #eag of the ,tariff ,act of #aicj1 as added by section #cjb1 and the number of such allegations resulting in investigations by the ,u4,s4 ,customs and ,border ,protection ,agency or any other agency2 7,c7 a summary of investigations initiated under subsection 7b7 of such section #eag1 including-- 7i7 the number and nature of the investigations initiated1 conducted1 and completed2 and 7ii7 the resolution of each completed investigation2 7,d7 the number of investigations initiated under that subsection not completed during the time provided for making determinations under subsection 7c7 of such section #eag and an explanation for why the investigations could not be completed on time2 7,e7 the amount of additional duties that were determined to be owed as a result of such investigations1 the amount of such duties that were collected1 and1 for any such duties not collected1 a description of the reasons those duties were not collected2 7,f7 with respect to each such investigation that led to the imposition of a penalty1 the amount of the penalty2 7,g7 an identification of the countries of origin of covered merchandise determined under subsection 7c7 of such section #eag to be entered into the customs territory of the ,united ,states through evasion2 7,h7 the amount of antidumping and countervailing duties collected as a result of any investigations or other actions by the ,u4,s4 ,customs and ,border ,protection ,agency or any other agency2 7,i7 a description of the allocation of personnel and other resources of the ,u4,s4 ,customs and ,border ,protection ,agency and the ,u4,s4 ,immigration and ,customs ,enforcement ,agency to prevent and investigate evasion1 including any assessments conducted regarding the allocation of such personnel and resources2 and 7,j7 a description of training conducted to increase expertise and effectiveness in the prevention and investigation of evasion2 and 7#b7 a description of processes and procedures of the ,u4,s4 ,customs and ,border ,protection ,agency to prevent and investigate evasion1 including-- 7,a7 the specific guidelines1 policies1 and practices used by the ,agency to ensure that allegations of evasion are promptly evaluated and acted upon in a timely manner2 7,b7 an evaluation of the efficacy of those guidelines1 policies1 and practices2 7,c7 an identification of any changes since the last report required by this section1 if any1 that have materially improved or reduced the effectiveness of the ,agency in preventing and investigating evasion2 7,d7 a description of the development and implementation of policies for the application of single entry and continuous bonds for entries of covered merchandise to sufficiently protect the collection of antidumping and countervailing duties commensurate with the level of risk of not collecting those duties2 7,e7 a description of the processes and procedures for increased cooperation and information sharing with the ,department of ,commerce1 the ,u4,s4 ,immigration and ,customs ,enforcement ,agency1 and any other relevant ,federal agencies to prevent and investigate evasion2 and 7,f7 an identification of any recommended policy changes for other ,federal agencies or legislative changes to improve the effectiveness of the ,u4,s4 ,customs and ,border ,protection ,agency in preventing and investigating evasion4 7c7 ,public summary ,the ,commissioner shall make available to the public a summary of the report required by subsection 7a7 that includes1 at a minimum-- 7#a7 a description of the type of merchandise with respect to which investigations were initiated under subsection 7b7 of section #eag of the ,tariff ,act of #aicj1 as added by section #cjb2 7#b7 the amount of additional duties determined to be owed as a result of such investigations and the amount of such duties that were collected2 7#c7 an identification of the countries of origin of covered merchandise determined under subsection 7c7 of such section #eag to be entered into the customs territory of the ,united ,states through evasion2 and 7#d7 a description of the types of measures used by the ,u4,s4 ,customs and ,border ,protection ,agency to prevent and investigate evasion4 7d7 ,definitions ,in this section1 the terms covered merchandise and evasion have the meanings given those terms in section #eag7;a7 of the ,tariff ,act of #aicj1 as added by section #cjb4 ,,iv ,miscellaneous provisions #dja4 ,consultation on trade and customs revenue functions ,section #dja7;c7 of the ,safety and ,accountability for ,every ,port ,act 7#f ,u4,s4,c4 #aae7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking on ,department policies and actions that have and inserting not later than #cj days after proposing1 and not later than #cj days before finalizing1 any ,department policies1 initiatives1 or actions that will have2 and 7#b7 in paragraph 7#b77;,a71 by striking not later than #cj days prior to the finalization of and inserting not later than #fj days before proposing1 and not later than #fj days before finalizing14 #djb4 ,drawback simplification 7a7 ,in general ,section #cac of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acac7 is amended to read as follows3 #cac4 ,drawback 7a7 ,definitions ,in this section3 7#a7 ,bill of materials2 formula ,the terms bill of materials and formula mean records kept in the ordinary course of business that identify each component incorporated into merchandise or that identify the quantity of each element1 material1 chemical1 mixture1 or other substance incorporated into merchandise4 7#b7 ,commissioner ,the term ,commissioner means the ,commissioner of ,u4,s4 ,customs and ,border ,protection4 7#c7 ,destroyed merchandise ,the term destroyed merchandise means merchandise that has undergone destruction4 7#d7 ,destruction ,the term destruction means a process by which merchandise loses all commercial value1 other than the value of any material that may be recovered when the merchandise is destroyed4 7#e7 ,direct identification ,the term direct identification means the identification of merchandise that is exported or destroyed to claim drawback with respect to imported merchandise as the imported merchandise or merchandise into which the imported merchandise is incorporated using-- 7,a7 the serial number or other unique identifier of the exported merchandise or destroyed merchandise and the imported merchandise2 or 7,b7 such accounting methods as are provided for by regulation by the ,commissioner4 7#f7 ,directly ,the term directly means a transfer of merchandise from one person to another person without any intermediate transfer4 7#g7 ,fungible ,the term fungible means1 with respect to merchandise1 merchandise that is interchangeable for commercial purposes with other merchandise and has properties that are essentially identical to the properties of the other merchandise4 7#h7 ,good subject to ,chile ,,fta drawback ,the term good subject to ,chile ,,fta drawback has the meaning given that term in section #bjc7;a7 of the ,united ,states-,chile ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #chje note74 7#i7 ,good subject to ,,nafta drawback ,the term good subject to ,,nafta drawback has the meaning given that term in section #bjc7;a7 of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cccc7;a774 7#aj7 ,,hts ,the term ,,hts means the ,harmonized ,tariff ,schedule of the ,united ,states4 7#aa7 ,incorporated ,the term incorporated means any operation by which merchandise becomes classifiable in a different #h-;digit ,,hts subheading number4 7#ab7 ,indirectly ,the term indirectly means a transfer of merchandise from one person to another person with one or more intermediate transfers4 7#ac7 ,line item 7,a7 ,imported merchandise ,the term line item1 with respect to imported merchandise1 means the identification1 in an entry filed pursuant to section #dhd1 of merchandise imported from one country by net quantity1 entered value1 #h-;digit ,,hts subheading number1 and applicable duties1 taxes1 and fees4 7,b7 ,exported merchandise ,the term line item1 with respect to exported merchandise1 means the identification of the merchandise by #h-;digit ,,hts subheading number or ,schedule ,b number1 declared value1 and quantity4 7#ad7 ,,nafta country ,the term ,,nafta country has the meaning given that term in section #b of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #ccja74 7#ae7 ,schedule ,b ,the term ,schedule ,b means the ,department of ,commerce ,schedule ,b1 ,statistical ,classification of ,domestic and ,foreign ,commodities ,exported from the ,united ,states4 7#af7 ,substitute merchandise ,the term substitute merchandise means merchandise that is substituted for other merchandise for drawback purposes pursuant to subsection 7g74 7#ag7 ,vessel ,the term vessel includes vessels1 parts of vessels1 aircraft1 and parts of aircraft4 7b7 ,eligibility for drawback 7#a7 ,in general ,a person described in subsection 7c7 is eligible for drawback of duties1 taxes1 and fees imposed under ,federal law paid on imported merchandise in an amount determined under subsection 7h7 if-- 7,a7 the imported merchandise meets the requirements of subsection 7d72 7,b7 7i7 merchandise that meets the requirements of subsection 7e7 is exported2 or 7ii7 merchandise that meets the requirements of subsection 7f7 is destroyed2 and 7,c7 the person files a claim for drawback with respect to the imported merchandise in accordance with subsection 7i74 7#b7 ,multiple drawback claims ,if a person claims drawback under paragraph 7#a7 with respect to imported merchandise based on exported merchandise or destroyed merchandise1 the exported merchandise or destroyed merchandise 7as the case may be7 may not be the basis of any other claim for drawback1 except that appropriate credit and deductions for claims covering components or ingredients of exported merchandise or destroyed merchandise shall be made in determining the amount of drawback under subsection 7h74 7c7 ,persons eligible ,to claim drawback 7#a7 ,in general ,a person may claim drawback under this section if the person-- 7,a7 7i7 imports the merchandise on which the claim is based2 or 7ii7 obtains the authorization of the importer to claim the drawback2 and 7,b7 7i7 exports or destroys the merchandise that was exported or destroyed to claim drawback with respect to the imported merchandise2 or 7ii7 obtains the authorization of the exporter or the person that destroyed the merchandise 7as the case may be7 to claim drawback4 7#b7 ,liability for claims 7,a7 ,in general ,any person making a claim for drawback with respect to imported merchandise shall be liable for the full amount of the drawback claimed against the imported merchandise4 7,b7 ,liability of importers ,an importer shall be liable for any drawback claim made by another person with respect to imported merchandise in an amount equal to the lesser of-- 7i7 the amount of duties1 taxes1 and fees that the person claimed with respect to the imported merchandise2 or 7ii7 the amount of duties1 taxes1 and fees that the importer authorized the other person to claim with respect to the imported merchandise4 7,c7 ,joint and several liability ,persons described in subparagraph 7,a7 and 7,b7 shall be jointly and severally liable for the amount described in subparagraph 7,b74 7,d7 ,order of recovery ,the ,secretary of the ,treasury shall seek to recover the amount of the drawback from a person described in subparagraph 7,a7 before seeking recovery from an importer described in subparagraph 7,b74 7d7 ,requirements for imported merchandise ,imported merchandise meets the requirements of this subsection if-- 7#a7 all applicable duties1 taxes1 and fees have been paid on the imported merchandise2 and 7#b7 the imported merchandise is entered or withdrawn from warehouse for consumption4 7e7 ,requirements for exported merchandise 7#a7 ,in general ,exported merchandise meets the requirements of this subsection if the exported merchandise is-- 7,a7 the imported merchandise2 7,b7 merchandise that is substituted for the imported merchandise pursuant to subsection 7g72 7,c7 merchandise into which the imported merchandise or substitute merchandise is incorporated2 or 7,d7 merchandise that is substituted1 pursuant to subsection 7g71 for merchandise into which the imported merchandise or substitute merchandise is incorporated4 7#b7 ,special rules with respect to incorporation of merchandise into other merchandise ,for purposes of subparagraphs 7,c7 and 7,d7 of paragraph 7#a71 imported merchandise or substitute merchandise is incorporated into other merchandise-- 7,a7 if the bill of materials or formula for such other merchandise submitted with the claim for drawback under subsection 7i7 includes the imported merchandise or substitute merchandise2 and 7,b7 without regard to the number of times the imported merchandise or substitute merchandise is incorporated into such other merchandise4 7f7 ,requirements for destroyed merchandise 7#a7 ,in general ,destroyed merchandise meets the requirements of this subsection if-- 7,a7 the merchandise is-- 7i7 the imported merchandise2 7ii7 merchandise that is substituted for the imported merchandise pursuant to subsection 7g72 7iii7 merchandise into which the imported merchandise or substitute merchandise is incorporated2 or 7iv7 merchandise that is substituted1 pursuant to subsection 7g71 for merchandise into which the imported merchandise or substitute merchandise is incorporated2 and 7,b7 the merchandise-- 7i7 is not exported because of its destruction2 and 7ii7 was not used in the ,united ,states before its destruction4 7#b7 ,treatment of returned merchandise ,for purposes of paragraph 7#a77;,b77ii71 merchandise is not used in the ,united ,states solely because the merchandise is-- 7,a7 sold at retail by the importer or another person that received the merchandise from the importer under a certificate of delivery2 and 7,b7 subsequently returned to and accepted by the importer or other person described in subparagraph 7,a74 7g7 ,substitution 7#a7 ,in general ,except as provided in this subsection1 merchandise may be substituted for other merchandise if it can be demonstrated that the merchandise was classifiable under the same #h-;digit ,,hts subheading number as such other merchandise at some point during the #e-year period beginning on the date on which the merchandise was imported4 7#b7 ,classification ,the ,schedule ,b number for merchandise may be used for purposes of determining under paragraph 7#a7 if the merchandise is or has been classified under the same #h-;digit ,,hts subheading number as other merchandise1 without regard to whether the ,schedule ,b number encompasses more than one #h-;digit ,,hts subheading number4 7#c7 ,special substitution rules 7,a7 7i7 ,merchandise that is classifiable under any heading or subheading of the ,,hts specified in clause 7ii7 may be substituted for other merchandise if the merchandise is classifiable under the same #h-;digit ,,hts subheading number as the other merchandise under the ,,hts as in effect on ,january #a1 #bjjj4 7ii7 ,a heading or subheading of the ,,hts specified in this clause is-- 7,i7 any of headings #bgjg through #bgae1 #bija1 or #bijb2 7,,ii7 any of headings #cija through #ciad 7as such headings apply to the primary forms provided under ,note #f to chapter #ci of the ,,hts72 or 7,,iii7 subheading #bijc4ba4jj1 #biji4ai4ad1 #biag4cf1 #biag4ci4jd1 #biag4ci4ae1 #bibf4aj4jj1 #chaa4ba4jj1 or #chaa4ij4jj4 7,b7 ,merchandise that is classifiable under subheading #bbjd4ba4ej1 #bbjd4bi4bj1 or #bbjd4bi4fj of the ,,hts may be substituted for other merchandise that is classifiable under any such subheading4 7,c7 ,merchandise that is classifiable under subheading #bbjd4ba4hj1 #bbjd4bi4dj1 or #bbjd4bi4hj of the ,,hts may be substituted for other merchandise that is classifiable under any such subheading4 7#d7 ,special rule for ethyl alcohol ,notwithstanding any other provision of law1 in the case of any duty paid under subheading #iija4jj4ej of the ,,hts on imports of ethyl alcohol or a mixture of ethyl alcohol1 such duty may not be refunded if the exported merchandise upon which a drawback claim is based does not contain ethyl alcohol or a mixture of ethyl alcohol4 7h7 ,amount of drawback 7#a7 ,claims based on exportation of imported or substitute merchandise ,if a person claims drawback with respect to imported merchandise based on the exportation of the imported merchandise or substitute merchandise1 the amount of drawback paid pursuant to this section shall be equal to #ii percent of the product of-- 7,a7 the number of units of the imported merchandise or substitute merchandise exported to claim drawback with respect to the imported merchandise1 and 7,b7 the lesser of-- 7i7 the amount of duties1 taxes1 and fees paid with respect to the line item for the imported merchandise divided by the total number of units of the imported merchandise included in the line item1 or 7ii7 the amount of duties1 taxes1 and fees that would apply to the exported merchandise if the exported merchandise were imported divided by the number of units of the exported merchandise4 7#b7 ,claims based on destruction of imported merchandise1 merchandise into which imported merchandise is incorporated1 or merchandise substituted for merchandise into which imported merchandise is incorporated ,if a person claims drawback with respect to imported merchandise based on the destruction of the imported merchandise1 merchandise into which the imported merchandise is incorporated1 or merchandise substituted for merchandise into which the imported merchandise is incorporated1 the amount of drawback paid pursuant to this section shall be equal to #ii percent of-- 7,a7 the product of-- 7i7 the number of units of the imported merchandise destroyed to claim drawback with respect to the imported merchandise or incorporated into merchandise for which the destroyed merchandise is substituted1 and 7ii7 the amount of duties1 taxes1 and fees paid with respect to the line item for the imported merchandise divided by the total number of units of the imported merchandise included in the line item1 minus 7,b7 the value of any materials recovered during the destruction of the destroyed merchandise 7including the value of any tax benefit or royalty payment with respect to such materials74 7#c7 ,claims based on exportation of merchandise into which imported or substitute merchandise is incorporated or merchandise substituted for merchandise into which imported or substitute merchandise is incorporated ,if a person claims drawback with respect to imported merchandise based on the exportation of merchandise into which the imported merchandise or substitute merchandise is incorporated1 or merchandise substituted for merchandise into which the imported merchandise or substitute merchandise is incorporated1 the amount of drawback paid pursuant to this section shall be equal to #ii percent of the product of-- 7,a7 the number of units of the imported merchandise or substitute merchandise incorporated into the exported merchandise or the merchandise for which the exported merchandise is substituted1 and 7,b7 7i7 in the case of exported merchandise into which the imported merchandise is incorporated or exported merchandise substituted for merchandise into which the imported merchandise is incorporated1 the amount of duties1 taxes1 and fees paid with respect to the line item for the imported merchandise divided by the number of units of the imported merchandise included in the line item1 or 7ii7 in the case of exported merchandise into which substitute merchandise is incorporated or exported merchandise substituted for merchandise into which substitute merchandise is incorporated1 the lesser of-- 7,i7 the amount of duties1 taxes1 and fees paid with respect to the line item for the imported merchandise divided by the total number of units of the imported merchandise included in the line item1 or 7,,ii7 the amount of duties1 taxes1 and fees that would apply to the substitute merchandise1 if the substitute merchandise were imported1 divided by the number of units of the substitute merchandise incorporated into the exported merchandise or the merchandise for which the exported merchandise is substituted4 7#d7 ,claims based on destruction of substitute merchandise1 merchandise into which substitute merchandise is incorporated1 or merchandise substituted for merchandise into which substitute merchandise is incorporated ,if a person claims drawback with respect to imported merchandise based on the destruction of substitute merchandise1 merchandise into which substitute merchandise is incorporated1 or merchandise substituted for merchandise into which substitute merchandise is incorporated1 the amount of drawback paid pursuant to this section shall be equal to #ii percent of the lesser of-- 7,a7 the amount of-- 7i7 duties1 taxes1 and fees that would apply to the substitute merchandise destroyed1 incorporated into destroyed merchandise1 or incorporated into merchandise for which the destroyed merchandise is substituted1 if the substitute merchandise were imported1 minus 7ii7 the value of any materials recovered during the destruction of the destroyed merchandise 7including the value of any tax benefit or royalty payment with respect to such materials71 or 7,b7 the amount of drawback the person could have claimed under paragraph 7#b7 if the person had destroyed the imported merchandise4 7#e7 ,limitation for duties1 taxes1 and fees previously refunded ,the amount of duties1 taxes1 and fees that may be refunded as drawback with respect to imported merchandise pursuant to this subsection shall be reduced by the amount of any duties1 taxes1 and fees previously refunded to a person with respect to such merchandise4 7i7 ,filing requirements ,the requirements for filing a claim for drawback under this subsection are the following3 7#a7 ,electronic filing ,the claim shall be filed electronically4 7#b7 ,time limit for claim ,the claim shall be filed not later than #e years after the date-- 7,a7 on which the merchandise with respect to which drawback is claimed is imported2 or 7,b7 if the claim is based on merchandise imported on more than one date1 the earliest date on which any such merchandise was imported4 7#c7 ,identification of merchandise ,the claim shall include an identification of the merchandise with respect to which the claim is filed as follows3 7,a7 ,if drawback is claimed with respect to imported merchandise based on the exportation of merchandise1 a demonstration that the exported merchandise meets the requirements of subsection 7e7 using-- 7i7 7,i7 the information contained in the line item for the imported merchandise and information contained in the line item for the exported merchandise2 and 7,,ii7 in the case of imported merchandise or substitute merchandise incorporated into the exported merchandise or merchandise that is substituted for merchandise into which imported merchandise or substitute merchandise is incorporated1 a bill of materials or formula identifying the imported merchandise or substitute merchandise and the exported merchandise by the #h-;digit ,,hts subheading number and the quantity of the imported merchandise or substitute merchandise and the exported merchandise2 or 7ii7 direct identification4 7,b7 ,if drawback is claimed with respect to imported merchandise based on the destruction of merchandise1 an identification of the imported merchandise and the destroyed merchandise using-- 7i7 7,i7 the information contained in the line item for the imported merchandise and information identifying the destroyed merchandise by #h-;digit ,,hts subheading number and quantity2 and 7,,ii7 in the case of imported merchandise or substitute merchandise incorporated into the destroyed merchandise or merchandise that is substituted for merchandise into which imported merchandise or substitute merchandise is incorporated1 a bill of materials or formula identifying the imported merchandise or substitute merchandise and the destroyed merchandise by the #h-;digit ,,hts subheading number and the quantity of the imported merchandise or substitute merchandise and the destroyed merchandise2 or 7ii7 using direct identification4 7#d7 ,proof of exportation ,if drawback is claimed with respect to imported merchandise based on the exportation of merchandise1 the claim shall include1 as proof of exportation1 one of the following3 7,a7 ,the record of exportation entered in the automated export system of the ,united ,states ,government or1 if the exporter is unable to use that system1 information similar to the information contained in such a record that is kept by the exporter in the ordinary course of business4 7,b7 ,in the case of a deemed export1 any record that establishes the deemed export1 or a copy of such a record1 that is kept by the exporter in the ordinary course of business4 7#e7 ,proof of authorization ,the claim shall include1 as proof of the authorization under subsection 7c77#a7 of the importer1 exporter1 or person who destroyed merchandise1 as appropriate1 for another person to claim drawback1 records kept in the ordinary course of business demonstrating the authorization4 7j7 ,special rules 7#a7 ,vessels built for residents of a foreign country ,drawback under this section may be claimed for materials imported and used in the construction and equipment of vessels built for foreign account and ownership1 or for the government of any foreign country1 notwithstanding that such vessels may not within the strict meaning of the term be exported4 7#b7 ,agricultural products ,no drawback may be claimed under this section for an agricultural product with respect to which an over-quota rate of duty has been paid1 unless the product is identified as the imported agricultural product using direct identification4 7#c7 ,certain exported merchandise 7,a7 ,in general ,except as provided in subparagraph 7,b71 upon the exportation of flavoring extracts1 flavors1 medicines1 medicinal preparations1 or perfumes manufactured or produced in the ,united ,states in part from domestic alcohol on which an internal revenue tax has been paid1 there shall be allowed a drawback in an amount equal to the tax found to have been paid on the alcohol so used4 7,b7 ,limitation ,if drawback has been claimed under section #eaad of the ,internal ,revenue ,code of #aihf with respect to flavoring extracts1 flavors1 medicines1 medicinal preparations1 or perfumes manufactured or produced in the ,united ,states1 the amount of drawback under this paragraph shall be limited to #a per proof gallon4 7,c7 ,form of claim ,a claim for drawback under this paragraph shall be submitted in such form1 at such times1 and under such conditions as the ,secretary of the ,treasury shall prescribe by regulation4 7#d7 ,payment from receipts of ,puerto ,rico ,a drawback under this section for merchandise shall be paid from the customs receipts of ,puerto ,rico if the duties for such merchandise were originally paid into the ,treasury of ,puerto ,rico4 7k7 ,drawback on exported goods under certain free trade agreements 7#a7 ,special rules for ,,nafta countries 7,a7 ,in general ,subject to section #ejh7;b77#b77;,b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aejh7;b77#b77;,b771 and for purposes of this section1 if merchandise that is exported to a ,,nafta country is a good subject to ,,nafta drawback1 no customs duties on the good may be refunded1 waived1 or reduced in an amount that exceeds the lesser of-- 7i7 the total amount of customs duties paid or owed on the good on importation into the ,united ,states2 or 7ii7 the total amount of customs duties paid on the good on importation into the ,,nafta country4 7,b7 ,special rule for ,canada ,if ,canada ceases to be a ,,nafta country and the suspension of the operation of the ,united ,states-,canada ,free-,trade ,agreement thereafter terminates1 then for purposes of this section1 the shipment to ,canada during the period such ,agreement is in operation of merchandise made from or substituted for a good eligible for drawback under section #bjd7;a7 of the ,united ,states-,canada ,free-,trade ,agreement ,implementation ,act of #aihh 7,public ,law #ajj-ddi2 #ai ,u4,s4,c4 #baab note7 does not constitute an exportation4 7,c7 ,fungible merchandise exported to ,,nafta countries ,the exportation to a ,,nafta country of merchandise that is fungible with and substituted for imported merchandise1 other than merchandise described in paragraphs 7#a7 through 7#h7 of section #bjc7;a7 of the ,north ,american ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #cccc7;a771 shall not be treated as an exportation of substitute merchandise for purposes of drawback under this section4 7,d7 ,proof of exportation to ,canada or ,mexico ,notwithstanding subsection 7i77#d71 a person filing a claim under this paragraph shall submit1 as proof of exportation1 the entry records from ,canada or ,mexico4 7#b7 ,special rules for ,chile 7,a7 ,in general ,for purposes of this section1 if merchandise that is exported to ,chile is a good subject to ,chile ,,fta drawback1 no customs duties on the good may be refunded1 waived1 or reduced1 except as provided in subparagraph 7,b74 7,b7 ,amount of customs duties ,the customs duties referred to in subparagraph 7,a7 may be refunded1 waived1 or reduced by-- 7i7 #ajj percent during the #h-year period beginning on ,january #a1 #bjjd2 7ii7 #ge percent during the #a-year period beginning on ,january #a1 #bjab2 7iii7 #ej percent during the #a-year period beginning on ,january #a1 #bjac2 and 7iv7 #be percent during the #a-year period beginning on ,january #a1 #bjad4 7,c7 ,fungible merchandise exported to ,chile ,beginning on ,january #a1 #bjae1 the exportation to ,chile of merchandise that is fungible with and substituted for imported merchandise1 other than merchandise described in paragraphs 7#a7 through 7#e7 of section #bjc7;a7 of the ,united ,states-,chile ,free ,trade ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #chje note71 shall not be treated as an exportation of substitute merchandise for purposes of drawback under this section4 ,the preceding sentence shall not be construed to permit the substitution of merchandise under this section with respect to merchandise described in paragraph 7#b7 of section #bjc7;a7 of the ,united ,states-,chile ,free ,trade ,agreement ,implementation ,act4 4 7b7 ,technical and conforming amendments 7#a7 ,refunds ,section #eje7;b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeje7;b77 is amended by adding at the end the following3 ,refunds of excess moneys deposited1 as determined on a liquidation or reliquidation1 shall be reduced by any amount paid1 on an accelerated basis or otherwise1 to a person claiming drawback pursuant to section #cac4 7#b7 ,review of protests ,the second sentence of section #eae7;a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aeae7;a77 is amended by striking the period at the end and inserting in accordance with section #eje44 7#c7 ,refunds1 waivers1 and reductions of duty under ,,nafta ,section #ejh7;b77#b77;,b77i77,,iii7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aejh7;b77#b77;,b77i77,,iii77 is amended by striking section #cac7n77#b7 or 7o77#a7 and inserting section #cac7k77#a74 7c7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by this section shall apply to drawback claims filed with respect to merchandise that enters the ,united ,states on or after the date that is #b years after the date of the enactment of this ,act4 7#b7 ,transition rule ,during the #a-year period beginning on the date specified in paragraph 7#a71 a person may elect to file a claim for drawback under-- 7,a7 section #cac of the ,tariff ,act of #aicj1 as amended by this section2 or 7,b7 section #cac of the ,tariff ,act of #aicj1 as in effect on the day before the date specified in paragraph 7#a74 7d7 ,government ,accountability ,office report ,not later than the date that is #d years after the date of the enactment of this ,act1 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 that contains-- 7#a7 an evaluation of the costs and benefits to the ,federal ,government1 and the benefits to the private sector1 resulting from the implementation of section #cac of the ,tariff ,act of #aicj1 as amended by this section2 and 7#b7 an assessment of the extent to which the implementation of that section may permit a person claiming drawback with respect to imported merchandise to receive drawback in excess of the duties1 taxes1 or fees paid on the imported merchandise4 #djc4 ,penalties for customs brokers 7a7 ,in general ,section #fda7;d77#a7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afda7;d77#a77 is amended-- 7#a7 in subparagraph 7,e71 by striking 2 or and inserting a semicolon2 7#b7 in subparagraph 7,f71 by striking the period and inserting 2 or2 and 7#c7 by adding at the end the following3 7,g7 has been convicted of committing or conspiring to commit an act of terrorism described in section #bccb;b of title #ah1 ,united ,states ,code4 4 7b7 ,technical amendments ,section #fda of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afda7 is amended-- 7#a7 in subsection 7g77#b77;,b71 by striking ,secretary's notice and inserting notice under subparagraph 7,a72 and 7#b7 by striking ,customs ,service each place it appears and inserting ,u4,s4 ,customs and ,border ,protection ,agency4 #djd4 ,amendments to chapter #ih of the ,harmonized ,tariff ,schedule of the ,united ,states 7a7 ,articles exported and returned1 advanced or improved abroad ,subchapter ,,ii of chapter #ih of the ,harmonized ,tariff ,schedule of the ,united ,states is amended by adding at the end of ,u4,s4 ,note #c the following3 7f7 7i7 ,for purposes of subheadings #ihjb4jj4dj and #ihjb4jj4ej1 fungible articles exported from the ,united ,states for the purposes described in such subheadings-- 7,a7 may be commingled2 and 7,b7 the origin1 value1 and classification of such articles may be accounted for using an inventory management method4 7ii7 ,if a person chooses to use an inventory management method under this subdivision with respect to fungible articles1 the person shall use the same inventory management method for those articles with respect to which the person claims fungibility4 7iii7 ,for purposes of this subdivision-- 7,a7 the term fungible articles means articles that are interchangeable for commercial purposes and have essentially identical properties2 and 7,b7 the term inventory management method means any method for managing inventory that is based on generally accepted accounting principles4 4 7b7 ,modification of provisions relating to returned property ,the article description for subheading #ihja4jj4aj of the ,harmonized ,tariff ,schedule of the ,united ,states is amended by inserting after exported the following3 1 or any other products when returned within #c years after having been exported4 7c7 ,duty-,free treatment for certain ,united ,states ,government property returned to the ,united ,states ,subchapter ,i of chapter #ih of the ,harmonized ,tariff ,schedule of the ,united ,states is amended by inserting in numerical sequence the following new subheading3 #ihja4jj4aa,united ,states ,government property1 returned to the ,united ,states without having been advanced in value or improved in condition by any means while abroad1 entered by the ,united ,states ,government or a contractor to the ,united ,states ,government1 and certified by the importer as ,united ,states ,government property,free 4 #dje4 ,charter flights ,section #acjca7;e77#a7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7e77#a77 is amended-- 7#a7 by striking 7#a7 ,notwithstanding section #dea of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adea7 or any other provision of law 7other than paragraph 7#b77 and inserting the following3 7#a7 7,a7 ,notwithstanding section #dea of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adea7 or any other provision of law 7other than subparagraph 7,b7 and paragraph 7#b77 2 and 7#b7 by adding at the end the following3 7,b7 7i7 ,an appropriate officer of the ,u4,s4 ,customs and ,border ,protection ,agency may assign a sufficient number of employees from the ,agency 7if available7 to perform services described in clause 7ii7 for a charter air carrier 7as defined in section #djajb of title #di1 ,united ,states ,code7 for a charter flight arriving after normal operating hours at an airport that is an established port of entry serviced by the ,agency1 notwithstanding that overtime funds for those services are not available1 if the charter air carrier-- 7,i7 not later than #d hours before the flight arrives1 specifically requests that such services be provided2 and 7,,ii7 pays any overtime fees incurred in connection with such services4 7ii7 ,services described in this clause are customs services for passengers and their baggage or any other such service that could lawfully be performed during regular hours of operation4 4 #djf4 ,pilot program to designate additional #bd-;hour commercial ports of entry 7a7 ,establishment of pilot program ,the ,president shall establish a pilot program under which the ,president shall-- 7#a7 pursuant to the ,act of ,august #a1 #aiad 7#ch ,stat4 #fbc1 chapter #bbc2 #ai ,u4,s4,c4 #b71 designate certain land border crossings as #bd-;hour commercial ports of entry in accordance with subsections 7b7 and 7c72 and 7#b7 ensure that each land border crossing designated as a commercial port of entry under the pilot program has sufficient resources-- 7,a7 to carry out the functions of a commercial port of entry1 including accepting entries of merchandise1 collecting duties1 and enforcing the customs and trade laws of the ,united ,states2 and 7,b7 to perform those functions #bd hours a day4 7b7 ,designation ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall1 after considering the criteria set forth in subsection 7c7 and any input provided by the public1 designate not fewer than #b and not more than #f land border crossings1 equally divided between land border crossings on the northern and southern borders of the ,united ,states1 as #bd-;hour commercial ports of entry under the pilot program established under subsection 7a74 7c7 ,criteria ,in designating a land border crossing as a #bd-;hour commercial port of entry under the pilot program established under subsection 7a71 the ,president shall consider the following3 7#a7 ,the number of #bd-;hour commercial ports of entry already located in the ,state in which the land border crossing is located4 7#b7 ,the costs associated with operating the land border crossing as a #bd-;hour commercial port of entry1 including whether the ,federal ,government would be required to acquire or lease additional land4 7#c7 ,the positive economic impact of designating the land border crossing as a #bd-;hour commercial port of entry on the community in which the land border crossing is located4 7#d7 ,any commitment of resources by the government of ,canada or ,mexico1 as applicable1 to a similar designation of a corresponding foreign port of entry4 7#e7 ,the support demonstrated by the government of the ,state or locality in which the land border crossing is located1 including through infrastructure improvements1 to facilitate the operation of the land border crossing as a #bd-;hour commercial port of entry4 7d7 ,termination 7#a7 ,determination of economic benefit ,not later than the date that is #b years after the date on which a land border crossing designated as a #bd-;hour commercial port of entry under the pilot program established under subsection 7a7 becomes fully operational as a #bd-;hour commercial port of entry1 the ,president shall-- 7,a7 determine whether the operation of the land border crossing as a port of entry #bd hours a day provides a net economic benefit to the ,united ,states2 and 7,b7 submit to the ,committee on ,finance of the ,senate and ,committee on ,ways and ,means of the ,house of ,representatives a report on that determination and the reasons for that determination4 7#b7 ,termination ,if the ,president determines under paragraph 7#a7 that operating a land border crossing as a port of entry #bd hours a day does not provide a net economic benefit to the ,united ,states1 the land border crossing shall cease to operate as a port of entry #bd hours a day on the date on which the ,president submits the report under paragraph 7#a77;,b74 7e7 ,report ,not later than #ij days before the ,president makes a determination under subsection 7d77#a7 with respect to a land border crossing designated as a #bd-;hour commercial port of entry under the pilot program established under subsection 7a71 the ,president shall submit to the ,committee on ,finance of the ,senate and ,committee on ,ways and ,means of the ,house of ,representatives a report that provides-- 7#a7 a comparison of the vehicle traffic1 the estimated total volume of commercial merchandise entered1 and the wait times at the land border crossing-- 7,a7 during the #b-year period preceding the designation of the land border crossing as a #bd-;hour commercial port of entry2 and 7,b7 after the land border crossing becomes fully operational as a #bd-;hour commercial port of entry2 7#b7 a comparison of the total value of commercial merchandise transported through the land border crossing-- 7,a7 during the #b-year period preceding the designation of the land border crossing as a #bd-;hour commercial port of entry2 and 7,b7 after the land border crossing becomes fully operational as a #bd-;hour commercial port of entry2 and 7#c7 a comparison of wait times at other ports of entry in the ,state in which the land border crossing is located-- 7,a7 during the #b-year period preceding the designation of the land border crossing as a #bd-;hour commercial port of entry2 and 7,b7 after the land border crossing becomes fully operational as a #bd-;hour commercial port of entry4 #djg4 ,elimination of consumptive demand exception to prohibition on importation of goods made with convict labor1 forced labor1 or indentured labor2 report 7a7 ,elimination of consumptive demand exception 7#a7 ,in general ,section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg7 is amended by striking ,the provisions of this section and all that follows through of the ,united ,states44 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall take effect on the date that is #ae days after the date of the enactment of this ,act4 7b7 ,report required ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,commissioner shall submit to the ,committee on ,finance of the ,senate and the ,committee on ,ways and ,means of the ,house of ,representatives a report on compliance with section #cjg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acjg7 that includes the following3 7#a7 ,the number of instances in which merchandise was denied entry pursuant to that section during the #a-year period preceding the submission of the report4 7#b7 ,a description of the merchandise denied entry pursuant to that section4 7#c7 ,such other information as the ,commissioner considers appropriate with respect to monitoring and enforcing compliance with that section4 #djh4 ,honey transshipment 7a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall direct appropriate personnel and resources of the ,u4,s4 ,customs and ,border ,protection ,agency to address concerns that honey is being imported into the ,united ,states in violation of the customs and trade laws of the ,united ,states4 7b7 ,country of origin 7#a7 ,in general ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall compile a database of the individual characteristics of honey produced in foreign countries to facilitate the verification of country of origin markings of imported honey4 7#b7 ,engagement with foreign governments ,the ,commissioner shall seek to engage the customs agencies of foreign governments for assistance in compiling the database described in paragraph 7#a74 7#c7 ,consultation with industry ,in compiling the database described in paragraph 7#a71 the ,commissioner shall consult with entities in the honey industry regarding the development of industry standards for honey identification4 7#d7 ,consultation with ,food and ,drug ,administration ,in compiling the database described in paragraph 7#a71 the ,commissioner shall consult with the ,commissioner of ,food and ,drugs4 7c7 ,report required ,not later than #ahj days after the date of the enactment of this ,act1 the ,commissioner of ,u4,s4 ,customs and ,border ,protection shall submit to ,congress a report that-- 7#a7 describes and assesses the limitations in the existing analysis capabilities of laboratories with respect to determining the country of origin of honey samples or the percentage of honey contained in a sample2 and 7#b7 includes any recommendations of the ,commissioner for improving such capabilities4 7d7 ,sense of ,congress ,it is the sense of ,congress that the ,commissioner of ,food and ,drugs should promptly establish a national standard of identity for honey for the ,commissioner of ,u4,s4 ,customs and ,border ,protection to use to ensure that imports of honey are-- 7#a7 classified accurately for purposes of assessing duties2 and 7#b7 denied entry into the ,united ,states if such imports pose a threat to the health or safety of consumers in the ,united ,states4 #dji4 ,contraband archaeological or ethnological materials 7a7 ,in general ,the ,commissioner shall ensure that appropriate personnel of the ,u4,s4 ,customs and ,border ,protection ,agency are trained in the detection1 identification1 and detention of archaeological or ethnological materials the importation of which violates the customs and trade laws of the ,united ,states4 7b7 ,training ,the ,commissioner is authorized to accept training and other support services from experts outside of the ,federal ,government in the detection1 identification1 and detention of archaeological or ethnological materials described in subsection 7a74 #daj4 ,de minimis value and entry under regulations 7a7 ,increase in maximum value of articles that may be imported duty-,free by one person on one day 7#a7 ,in general ,section #cba7;a77#b77;,c7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #acba7;a77#b77;,c77 is amended by striking #bjj and inserting #hjj4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to articles entered1 or withdrawn from warehouse for consumption1 on or after the #aeth day after the date of the enactment of this ,act4 7b7 ,entry under regulations ,section #dih of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #adih7 is amended-- 7#a7 in subsection 7a71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,merchandise1 when different commercial facilitation and risk considerations that may vary for different classes or kinds of merchandise or different classes of transactions may dictate2 2 7#b7 by redesignating subsection 7b7 as subsection 7c72 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,entry of merchandise valued at #b1ejj or less 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary of the ,treasury shall prescribe rules and regulations for the declaration and entry of merchandise if the aggregate value of the shipment of merchandise does not exceed #b1ejj4 7#b7 ,exception ,the rules and regulations prescribed under paragraph 7#a7 shall not apply to merchandise that-- 7,a7 has a value in excess of #bej2 and 7,b7 is classified under section ,,vii1 ,,viii1 ,,xi1 or ,,xii1 chapter #id1 or subchapter ,,iii or ,,iv of chapter #ii of the ,harmonized ,tariff ,schedule of the ,united ,states4 4 #daa4 ,repeal of authority of ,u4,s4 ,customs and ,border ,protection ,agency to enter into certain reimbursable fee agreements ,section #efj of the ,department of ,homeland ,security ,appropriations ,act1 #bjac 7division ,d of the ,consolidated and ,further ,continuing ,appropriations ,act1 #bjac7 is repealed4